The Packaging and Packaging Waste Regulation (Reg. EU 2025/40) is directly applicable in all Member States from its entry into force, ensuring legislative uniformity and replacing the previous Directive 94/62/EC.

The core principle is the transition from single use to a circular economy: the waste management hierarchy is Reuse > Recycling, while energy recovery (incineration) is no longer considered a valid management method.

 

Introduction and Publication of the Standard

• The Regulation was published on January 22, 2025 (as Regulation EU 2025/40).
• As it is a Regulation (and not a Directive), the text is immediately and directly applicable in all Member States of the European Union. This means that the regulation became legally valid shortly after its publication in the Official Journal of the EU.

Operations and Key Deadlines
Although the Regulation is in force, the effective application of its technical requirements is staggered to give companies time to adapt. The main operational dates are as follows:

Operational Date	Requirement	In-text reference
August 2026	PFAS Ban: The use of perfluoroalkyl substances (PFAS) in food-contact packaging is prohibited.	Point 1.1
February 2027	BYOC requirement: Sellers (HoReCa/Retail) must allow customers to use their own clean container (BYOC) for take-away food and beverages.	Point 2.2 / 3
February 2028	Reuse Offer Requirement: HoReCa sellers must offer customers the option of reusable packaging for take-away food and beverages.	Point 3
February 2029	Digital Reuse Traceability: Requirement to equip reusable packaging with QR codes or digital carrier to track rotations and inform consumers.	Point 2.1
2030 (Target year)	Major bans and targets come into force:   1.        Grade E Ban: Stop placing on the market packaging with recyclability lower than 70%. 2.        Recycled Content (PCR): Minimum recycled content requirements for plastic packaging (e.g., 30% for PET, 35% for other plastics). 3.        2030 Reuse Targets: Achievement of mandatory sectoral quotas (e.g., 40% for transport, 10% for beverages). 4.        Single-use Bans: Entry into force of bans on single-use items and packaging for fruit/vegetables under 1.5 kg.	Point 3 / 4 / 5
2038 (Target year)	The ban on placing products on the market is extended to packaging that does not reach a recyclability rate of 80% or higher.	Point 4.2

 

Point 1 (August 2026)
Prevailing Safety and Hygiene (PFAS)
Chemical and hygienic safety takes precedence over the Regulation’s environmental requirements.

1.1. The PFAS Ban

• PFAS (per- and polyfluoroalkyl substances) are known as “forever chemicals.” They are used in packaging for their grease and water resistance.
• The use of PFAS in food-contact packaging will be prohibited from August 12, 2026, to eliminate toxic substances that contaminate the recycling stream.

1.2. Hygienic Validation for Reuse
Manufacturers are required to validate cleaning and reconditioning protocols through challenge tests, ensuring that packaging is as hygienically safe as new before each refill.

 

Point 2: Distinction and Requirements on Reuse: Reuse vs. Refill (Feb 2027 – Feb 2029)
The Regulation defines two distinct methods of reuse with specific legal obligations:

• 2.1. Reuse (Art. 11):
  • This concerns packaging designed to undergo multiple rotations within an organized system that manages its collection, washing, and redistribution.
  • Digital Traceability: From February 12, 2029, reusable packaging must be tracked with QR codes (or digital data carriers) and harmonized labels.
• 2.2. Refill (Art. 47):
  • This is the operation whereby the consumer fills their own container (BYOC model – Bring Your Own Container) at a refill station in the point of sale.
  • The seller must display hygiene instructions and may refuse unclean containers, without being held liable for hygiene issues arising from the customer’s container.

 

Point 3: Reuse Targets and Sectoral Deadlines (Feb 2027 – Feb 2028)
Reuse Targets and Sector Deadlines
The Regulation imposes mandatory reuse quotas for specific sectors:

Sector	Target 2030	Target 2040	Notes
Transport (Logistics)	40%	70%	Concerns pallets, foldable crates, and drums.
Internal Transport	100%	100%	Packaging used between different sites of the same operator or linked enterprises (closed loop).
Beverages	10%	40%	Excluding milk and wine.
HoReCa (Take-away)	10%	–	10% of goods sold must be in reusable packaging.

Deadlines for Retail Sellers (HoReCa):

• By February 2027: Obligation to accept clean containers provided by the customer (BYOC) for beverages and ready-to-eat foods.
• By February 2028: Obligation to offer consumers the option of reusable packaging.

 

Point 4: Recyclability and Recycled Content (2030 – 2038)
Obligation of Recyclability and Recycled Content (From 2030)
By 2030, all packaging placed on the market must be recyclable in an economically sustainable way.

4.1. Design for Recycling (DfR) Criteria:
Packaging must maximize material recovery (e.g., use of mono-materials and separability of non-compatible elements).

4.2. Feasibility Criteria and Recyclability Grade:

• A harmonized classification system (A-E) will be adopted to evaluate the recyclability of packaging.

• • The grade is determined based on the actual percentage of material that can be recovered (separated, treated and purified) and transformed into a secondary raw material of sufficient quality to be reused.

• Grade E Ban (2030): Packaging classified in the lowest level (generally Grade E), with recyclability lower than 70% of recoverable material, will be prohibited starting from 2023.

4.3. Minimum Recycled Content (PCR):
From 2030, plastic packaging must contain mandatory minimum percentages of post-consumer recycled material (e.g., 30% for PET bottles; 35% for other plastic packaging).

 

Point 5 (2030)
Specific Bans and Combating Excess Packaging
The Regulation prohibits specific types of single-use packaging to combat excess waste and combats oversizing.

5.1. Marketing Bans (Single-Use/Disposable):
From 2030, specific single-use plastic packaging (and sometimes made of any material) will be prohibited:

Type of Banned Packaging	Description and Examples
Single-use Packaging in HoReCa	Cups/glasses, plates, bowls, and food containers consumed on-site in the catering sector.
Single-dose Packaging	Single-use plastic packaging for products like sauces, sugar, cream (e.g., ketchup or mayonnaise sachets, sugar sticks, butter or jam single-use portions).
Loose Fresh Fruit & Vegetables	Single-use plastic packaging (trays, nets) for batches of loose fresh produce weighing less than 1.5 kg (e.g., 500g pack of cherry tomatoes, 1kg nets of potato).
Miniature Bottles (Hotel Sector)	Single-use plastic miniature bottles for toiletries in hotels (shampoo, body wash, lotions).
Shipping packaging (E-commerce)	Envelopes or boxes containing excessive filling material (see point B).

5.2. Fight Against Oversizing:
The Regulation establishes strict criteria to limit empty space (air) inside packaging, particularly for e-commerce:

• Empty Space Criteria: Empty space (air not occupied by the product) in shipping packaging must not exceed 50% of the total volume of the packaging.
• Objective: To optimize logistics, reduce transport costs and the unnecessary use of filling materials (e.g., bubble wrap, air cushions, polystyrene).
• Examples: A shipping box for a small product should not have twice the volume of the product itself. This forces companies to use “just-in-time” and automated packaging to adapt the size to the goods.