EN   EN 
 
 
 EUROPEAN  
COMMISSION   
Brussels, 30.11.2022  
COM(2022) 677 final  
2022/0396 (COD)  
 
Proposal for a  
REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL  
on packaging and packaging waste, amending Regulation (EU) 2019/1020 and Directive 
(EU) 2019/904, and repealing Directive 94/62/EC  
(Text with EEA relevance)  
{SEC(2022)  425 final}  - {SWD(2022)  384 final}  - {SWD(2022)  385 final}   EN 1  EN EXPLANATORY MEMORANDUM  
1. CONTEXT  OF THE  PROPOSAL  
• Reasons for and objectives of the proposal  
Packaging is necessary to protect and to transport goods. The manufacturing of p ackaging  is 
also a  major economic activity in the EU. However, regulatory approaches differ from one 
Member State to another, which creates obstacles that prevent the internal market for 
packaging from fully functioning. Recently observed differences relate, for example, to  
labelling requirements for packaging, approaches to defining recyclable or reusable 
packaging, approaches to modulating extended producer responsibility (EPR) fees and 
marketing restrictions for certain  packaging formats. Such discrepancies create legal 
uncertainty for businesses, leading to lower investment in innovative and environment -
friendly packaging and new circular business models.  
Packaging is also a key environmental concern. It is one of the main users of virgin materials 
(40 % of plastics and 50  % of paper used in the EU is destined for packaging) and accounts 
for 36  % of municipal solid waste. The increased use of packaging coupled with low re -use 
and recycling rates hamper the development o f a low -carbon circular economy. Packaging 
increas ed in recent years  faster than the gross national income, which leads to soaring CO 2- 
and other emissions, and the overexploitation of natural resources, biodiversity loss and 
pollution.  Data from Eurostat1 and market data reports2 show increased use of packaging 
design characteristics that may inhibit recycling. Packaging is ’unrecyclable’ when it  cannot 
be separately collected or it poses challenges for state of the art sorting and recycling 
processes in p lace in the EU . From 2012 till 2020, the share of unrecyclable packaging has 
grown significantly.  Furthermore, technically recyclable p ackaging is  often not recycled 
because the processes needed for its collection, sorting and recycling  are not available in 
practice or not  cost-efficient, or the  output is not  of sufficient  quality to meet the  demand in 
end markets  of secondary raw materials . Moreover, p reliminary results of the Commission’s 
second Early Warning Report show that many Memb er States are struggling to meet the 
recycling targets established in  Article 6 of Directive 94/62/EC.  
The industrial strategy for Europe3 underlines the importance of the internal market for the 
EU’s competitiveness and prosperity. Barriers that prevent operators and the broader public 
from benefiting fully from the internal market include restrictive and complex  national rules , 
limited administrative capacities, imperfect transposition of EU rules  and their inadequate 
enforcement .  
The Council conclusion s of December  20204 welcomed the intention of the Commission to 
ensure that all packaging is reusable or recyclable in an economically  feasible way by 2030 
and to reduce packaging, over -packaging and therefore packaging waste. The Parliament’s 
                                                 
 
1 https://ec.europa.eu/eurostat/web/waste/data/database  
2 Transparency Market Research (2018) Packaging Market - Europe Industry Analysis, Size, S hare, 
Growth, Trends and Forecast, 2018 – 2026 , December 2018 . 
3 https://eur -lex.europa.eu/legal -content/EN/TXT/?uri=CELEX%3A52020DC0102  
4 https://data.consilium.europa.eu/doc/document/ST -13852 -2020 -INIT/en/pdf   EN 2  EN resolution o f 10 February  2021 on the new circular economy action plan5 reiterated this 
objective and called on the Commission to present a legislative proposal that  includes waste 
reduction measures and targets,  ambitious requirements to reduce excessive packaging - and 
measures to improve recyclability and minimise the complexity of packaging, increase 
recycled content, phase out hazardous and harmful substances, and promote re -use without 
compromising food safety and hygiene standards.  
Finally, the Conference on the Future of Europe demonstrated that people and civil society 
organisations across the EU are calling for strong action on waste prevention, packaging 
waste management and packaging circularity through the increased use of recycled materials.  
A circular economy of packaging  will help decouple economic development from the use of 
natural resources, contribute to achieving climate neutrality by 2050 and halting biodiversity 
loss, and reduce the EU economy’s strategic dependency  on many materials. In additio n, it 
can have a positive impact on employment, including and specifically in social economy , by 
creating more "green"  quality jobs provided the necessary investment in skills6 is put in place 
and considers the specificities in the Member States , regions, and types of work . 
While the amendment to Directive 94/62/EC in 2018 did not address all of the weaknesses in 
its implementation, it  included three review clauses that are being implemented by this 
initiative.  
This initiative updates the EU legislative fr amework for packaging and packaging waste by 
giving Member States and businesses adequate support to achieve waste reduction targets. 
This support takes the form of a harmonised regulatory framework that supports investment, 
reduces waste and promotes high -quality recycling, which will apply equally in all EU 
Member States.  
• Consistency with existing policy provisions in the policy area  
The proposed regulation updates the EU legislative framework for packaging and packaging 
waste. As an integral part of the European Green Deal7 and the new EU circular economy 
action plan, it will contribute to the EU's growth strategy for a modern, resource -efficient, 
clean and competitive economy with no net emissions of greenhouse gases by 2050 and with 
economic growth decoupled from resource use.  
The proposal is fully in line with EU environmental and waste legislation, in particular, 
Directive 2008/98/EC of the European Parliament and of the Council of 19  November  2008 
on waste8, Directive (EU) 2019/904 of the European  Parliament and of the Council of 5  June 
                                                 
 
5 https://www.europarl.europa.eu/ doceo/document/TA -9-2021 -0040_EN.html   
6 The European Skills Agenda is a five -year plan to help individuals and businesses develop more and 
better skills in the context of green transitions  
https://ec.europa.eu/social/BlobServlet?docId=22832&langId=en   
7 Communication from the Commission to the European Parliament, the European Council, the Council, 
the European Economic and Social Committee and the Committee of the Regions, The E uropean Green 
Deal, COM/2019/640 final.  
https://eur -lex.europa.eu/legal -content/EN/TXT/?uri=COM%3A2019%3A640%3AFIN  
8 OJ L 312, 22.11.2008, p. 3.  EN 3  EN 2019  on the reduction of the impact of certain plastic products on the environment9, Council 
Decision (EU, Euratom) 2020/2053 of 14  December  2020 on the system of own resources of 
the European Union10 and Regulation (EC) No 1907/2006 of the European Parliament and of 
the Council of 18  December  2006 concerning the registration, evaluation, authorisation and 
restriction of chemicals (REACH)11. 
It also complements the Commission proposals for regulations of the European P arliament 
and of the Council on waste shipments12, on a framework for setting eco -design requirements 
for sustainable products13, and the Communication from the Commission on an EU policy 
framework on bio -based, biodegradable and compostable plastics14.  
• Consistency with other EU policies  
The initiative ensures non -discrimination between products produced in the EU and imported 
products and is consistent with the EU’s international obligations in the area of trade policy.  
The proposal also aims to harmonise  monitoring and reporting obligations, including producer 
reporting obligations under EPR schemes, in order to limit the administrative burden on 
Member States and economic operators in line with the EU’s better -regulation approach15 and 
the Fitness check o n reporting and monitoring16.  
In addition, in line with the EU’s  commitment to  the UN 2030 Agenda for Sustainable 
Development, including its 17 Sustainable Development Goals (SDGs), this initiative will 
improve the EU’s implementation of SDG 12.5 by significantly reducing waste generation by 
2030 through prevention, reduction, recycling and re -use. 
As regards the specific case of plastic packaging waste, the initiative also complements the 
non-recycled plastic based own resource according to Decision (EU, Euratom) 2020/2053 on 
the system of own resources of the European Union. This own resource incentivises Member 
States to put in place measures to reduce the quantity of non -recycled plastic packaging waste 
in their territory.  
2. LEGAL  BASIS,  SUBSIDIAR ITY  AND  PROPORTIONALITY  
• Legal  basis  
The legal basis for this proposal is Article 114 of the Treaty on the Functioning of the 
European Union (TFEU).  
In line with the new approach to products  announced in the European Green Deal1 and the 
circular economy action plan, the proposal covers the entire life cycle of packaging. It follows 
                                                 
 
9 OJ L 155, 12.6.2019, p. 1.  
10 OJ L 424, 15.12.2020, p. 1.  
11 OJ L 396, 30.12.2006, p. 1 . 
12 https://eur -lex.europa.eu/legal -content/EN/TXT/?uri=CELEX%3A52021PC0709  
13 https://eur -lex.europa.eu/legal -content/EN/TXT/?uri=celex%3A52022PC0142  
14 https://ec.europa.eu/environment/topics/plastics/bio -based -biodegradable -and-compostable -plastics_en  
15 SWD(2015)111 final.  
https://ec.europa.eu/transparency/documents -register/detail?ref=SWD(2015)111&lang=en  
16 COM(2017)312 final.  EN 4  EN the approach of ‘traditional’ internal  market legislation by creating harmonised conditions for 
the placing on the market of packaging. However, by taking account of the entire  life cycle of 
packaging, this internal market approach is extended through to the end -of-life phase, thus 
creating a truly internal market for packaging, without obstacles to free movement and with 
equal production, marketing and waste treatment condition s throughout the EU.  
Article 114 TFEU is the legal basis of the current Directive 94/62/EC on packaging and 
packaging waste. This Article allows the EU to harmonise rules and administrative measures 
across  Member States. This legal basis will allow a numb er of key internal market issues that 
hamper the harmonised application of packaging rules to be addressed, including: (i) 
sustainability requirements, (ii) harmonised criteria for the eco -modulation of fees under the  
extended producer responsibility schem es, (iii) harmonised labelling requirements; and (iv) 
end-of-life requirements to complete this life -cycle approach.  
While leaving the detailed administrative requirements to the Member States, the proposal 
regulates those aspects where harmonisation will  prevent market distortions and obstacles to 
free movement. One such aspect is extended producer responsibility, where harmonised rules 
– including on  reporting – will remove the barriers for economic operators selling packaging 
in several Member States or  across the EU caused by differing rules between Member States. 
Likewise, establishing a common framework for packaging collection, deposit and return 
schemes, and for re -use systems, is necessary both to achieve environmental targets and to 
create equal conditions for businesses active on the respective markets. This common 
framework will have a  major impact on the recyclability of packaging and on the availability 
of seconda ry raw materials.  
• Subsidiarity  (for non-exclusive  competence)   
Environmental concerns and problems  related to packaging (i.e. barriers to the internal market 
and the circular economy,  growing amounts of packaging waste and other negative) cannot be 
sufficiently addressed by Member States alone. With high levels of trade between Member 
States, the EU packaging market is, in many respects, one large market rather than 27 
individual markets. While national initiatives address some of these challenges, they a lso 
create further fragmentation of the internal market.   
Setting common requirements at EU level will have clear added value as it will ensure the 
proper functioning of the internal market and therefore a level playing field for economic 
operators (e.g. p roducers, suppliers, retailers). With requirements and targets set at EU level, 
the transition to sustainable packaging will be consistent across Member States, creating an 
efficient market.  
• Proportionality  
The proposed measures are intended to provide the regulatory certainty necessary to 
encourage large -scale investment into sustainable packaging solutions. They address the 
entire packaging value chain , while ensuring a high level of environmental and human health 
protection.  The objective of this init iative is to modernise and strengthen the existing 
legislative framework to allow for economies of scale through common approaches, while 
giving industry and Member States the necessary flexibility, where this is necessary for 
innovation or because of loca l circumstances.  
For some of the proposed policy options, a step-by-step approach  in strengthening the 
requirements is considered to best uphold the principle of proportionality. The proposal 
therefore includes a gradual increase  in ambition and requiremen ts, such as the sustainability 
requirement on recycable packaging and the reconsideration of the need for exemptions from 
concentration limits for substances of concern in certain packaging materials.  EN 5  EN Overall, the proposed measures do not go beyond what is  necessary to ensure regulatory 
compliance while guaranteeing the protection of human health and the environment.  
• Choice  of the instrument  
Despite its concrete measures, the current legislation has failed to achieve its environmental 
and internal market  objectives. Differing national approaches to transposition and unilateral 
packaging policy measures by certain Member States have led to uneven national regulatory 
frameworks. This trend is set to continue, given the challenges to packaging sustainability  
outlined in the impact assessment report, in particular the increasing amounts of packaging 
waste, barriers to packaging circularity and low use of recycled content in plastic packaging. 
Diverse national rules reduce the effectiveness of the policy and pu t the effective 
establishment of a circular economy in jeopardy.  
The regulatory failures of the current Directive (e.g. poorly designed essential requirements 
for packaging and difficulties encountered by Member States in enforcing them) has made it 
clear that harmonisation is necessary, and that the harmonised rules sh ould take  the form of a 
regulation , rather than a revision of the current Directive. To further promote the move to a 
low-carbon and circular economy and remove barriers to the internal market, a new 
comprehensive set of regulatory solutions is needed, inc luding specific requirements for 
businesses. The move to a regulation setting out harmonised rules is strongly supported by all 
business stakeholders.  
A regulation will ensure that all 27 Member States fulfil their obligations at the same time and 
in the s ame way. The same requirements for all market players will provide the necessary 
legal certainty,  reduce distortion of competition, and send clear signals to non -EU market 
actors intending to place products on the EU market. It will also give the Commissio n a 
mandate to develop implementing measures to flesh out the regulation further, where 
necessary, so that common rules can be set swiftly.   
3. RESULTS  OF EX-POST  EVALUATIONS,  STAKEHOLDER  
CONSULTATIONS  AND  IMPACT  ASSESSMENTS  
• Ex-post evaluations/Fitness  checks  of existing  legislation  
A Fitness check conducted in 201417 identified weaknesses in the essential requirements for 
packaging and recommended making them ‘more concrete and easily enforceable’,  noting 
that strengthening essential requirements would be ‘a key tool to achieve better environmental 
performance of packaging’. However, the amendment of Directive 94/62/EC in 2018 did not 
address those weaknesses directly, but rather introduced three rev ision clauses: (1) to examine 
the feasibility of reinforcing the essential requirements with a view to, inter alia, improving 
design for re -use and promoting high quality recycling as well as strengthening their 
enforcement; (2) to examine the feasibility of setting quantitative targets on re -use of 
packaging and any further measures to promote re -use of packaging; and (3), to evaluate the 
effectiveness of the measures aiming to reduce the consumption of lightweight plastic carrier 
bags and to examine other  possible ways to achieve this objective. The revision clauses also 
provided the Commission with a mandate to present a legislative proposal on these issues, if 
appropriate.  
                                                 
 
17 European Commission (2014), Ex -post evaluation of Five Waste Stream Directives, – SWD  (2014)209 . EN 6  EN In April 2020, the Commission published an evaluation study on the e ffectiveness of the 
essential requirements for packaging and packaging waste and proposals for reinforcement18. 
The main findings of the evaluation helped to define the problem and to develop the initial set 
of measures for the impact assessment. This study helped infor m the Commission’s  Inception 
Impact Assessment  published on 11  June 202019.  
This proposal includes measures that address the issues identified in the Fitness check and in 
the 2020 evaluation study, as well as other measures identified in the impact assessm ent and 
its extensive  stakeholder consultation.  
• Stakeholder  consultations  
The impact assessment accompanying Directive 94/62/EC on packaging and packaging waste 
involved a thorough consultation of stakeholders to ensure that views from a broad range of 
organisations were presented and considered. Over 800 organisations with more than 1,800 
contact points contributed to the consultation. Targeted and broader methods used to consult 
stakeholders included: gathering feedback on the inception impact assessmen t, a public 
questionnaire, a Member State questionnaire, online workshops and webinars, and one -to-one 
interviews.  
The consultation on the inception impact assessment generated 110 responses and an open 
public consultation20 generated 425 responses. A targ eted consultation was also carried out to 
strengthen the evidence base, which involved  collecting more specialised feedback from 
specific stakeholder groups during stakeholder workshops, among other events. Six 
stakeholder webinars were held in June  2021 to present and gather feedback on the interim 
results of the study. More than 950 individuals (from 250 organisations) participated in these 
webinars and almost 100 organisations provided detailed feedback and position papers. An 
additional workshop was he ld on 30 May 2022 with 517 attendees, during which  50 
stakeholders intervened. In parallel, both the consultant supporting the Commission’s impact 
assessment and the relevant Commission departments carried out further targeted 
consultations with Member Sta te experts, stakeholders, NGOs and consumer associations.  
Most stakeholders considered that technological, economic and social developments justified 
the creation of a new regulatory framework for packaging. Most also agreed on the need for 
further harmoni sation of existing rules and called for a European framework covering the 
whole life cycle of packaging and the entire value chain. Many stakeholders  considered that 
this framework should include stricter common rules on the sustainability of packaging to 
ensure the functioning of the EU internal market and underlined the need for a common 
approach to defining packaging recyclability, in particular the ‘design for recycling’ criteria 
approach.  
More specifically, industry representatives stressed the need fo r: (i) a stable and harmonised 
legal framework that ensures security of investment; (ii) a level playing field that encourages 
                                                 
 
18 https://op.europa.eu/en/publication -detail/ -/publication/05a3dace -8378 -11ea -bf12-01aa75ed71a1  
19 https://ec.europa.eu/info/law/better -regulation/have -your-say/initiatives/12263 -Reducing -packaging -
waste -review -of-rules_en  
20 Reducing packaging waste – public consultation. https://ec.europa.eu/info/law/better -regulation/have -
your-say/initiatives/12263 -Reducing -packaging -waste -review -of-rules/public -consultation_en   EN 7  EN the production of sustainable packaging; and (iii) the efficient functioning of recycling 
markets to improve the availability and  the quality of secondary raw materials. Civil society 
representatives called for the effective implementation of the waste hierarchy in the packaging 
value chain with measures incentivising packaging waste prevention and re -use. 
Detailed conclusions of th e stakeholder consultations can be found in Annex 2 of the Impact 
Assessment.  
• Collection  and use of expertise  
In addition to the stakeholder consultation, several further key sources of information were 
used for the impact assessment.  
To further analyse the various options, external consultants were engaged by the Commission 
under two support contracts21. These studies developed ‘impact modelling methodology’ and 
‘baseline methodology’. The former is used to model the impacts of the proposed measures, 
i.e. to model the change in mass flows, financial costs, environmental and social 
(employment) impacts. The latter (the baseline methodology) provides an overview of 
packaging waste consumption, waste generation and management for the 27 EU Member 
States. It i ncludes both historic trends based on existing data and future projections until 2050. 
The baseline is essentially a ‘no policy change’ scenario, i.e. a modelling of future trends 
where all relevant EU -level and national policies and measures remain in for ce, 
complemented by any future legislative proposal(s) by the Commission. Another supporting 
study was carried out by the Commission’s Joint Research Centre (JRC) to analyse the 
impacts of measures that combine symbols on waste receptacles with matching la bels on 
packaging (the latter was developed  under the two studies mentioned above).  
The consultant and its experts worked closely with the relevant Commission departments 
during the various stages of the study.  
Additional data and comments were gathered th rough targeted interviews with stakeholders 
and in -depth consultations with the Member States.  
Possible measures on plastic carrier bags were first developed in the ‘Study on the 
Implementation of the Plastic Bags Directive combined with the Scoping Study  to assess the 
feasibility of further EU measures on waste prevention and implementation of the Plastic 
Bags Directive’22, and an impact assessment of the proposed measures was conducted in the 
second support study.  
Finally, measures on compostable packaging were developed as part of the 2020 Study on the 
‘Relevance of biodegradable and compostable consumer plastic products and packaging in a 
                                                 
 
21 Titled  ‘Assessment of options for reinforcing the Packaging and Packaging Waste Directive’s essential 
requirements and other measures to reduce the generation of packaging waste’ and  ‘Support to the 
finalisation of the legal proposal and the impact assessment for the review of the Packaging Directive, 
with new and updated policy measures  and information for legislative drafting’ . 
22 Scoping study to assess the feasibility of further EU measures on waste prevention and implementatio n 
of the Plastic Bags Directive . Part II, Implementation of Plastic Bags Directive - Publications Office of 
the EU (europa.eu) . EN 8  EN circular economy’23. This study also provided further inspiration for the Commission’s 
Communication on an EU policy framework on bio -based, biodegradable and compostable 
plastics.  
• Impact  assessment  
The proposal is based on an impact assessment. After addressing the comments of the 
Regulatory Scrutiny Board in its negative opinion of 13  May 2022 and making the necessary 
modifications and additions, the impact assessment received a positive opinion with 
reservations on 30 September 2022.  
The impact assessment detected  three main problems:  
(1) Growing packaging waste generation24: Directive 94/62/EC has not been a ble to 
reverse this trend, despite specific provisions on minimising packaging. The growth 
trend has been accentuated by new consumption habits (e.g. on -the-go consumption, 
increased online sales and home deliveries).  
(2) Barriers to packaging recycling and re -use: these include factors such as the 
increased use of packaging design features that prevent recycling, increased cross -
contamination of compostable recycling streams, substances in packaging that may 
be hazardous a nd unclear labelling of packaging for sorting. As a result, the priority 
of re-use and recycling over recovery and landfill is not yet fully implemented.  
(3) Low recycling quality in plastic packaging and use of secondary raw materials: this 
limits the EU 's ability to reduce the use of virgin materials in new packaging. Market 
failures and shortcomings in the current regulatory framework hamper the 
profitability of recycling activities and weigh on the investment in technology and 
supply logistics needed t o ensure that packaging is collected, sorted and recycled at a 
high quality level.  
Given the above, the overarching objectives of this legislative proposal are to reduce the 
negative environmental impacts of packaging and packaging waste, while improving t he 
functioning of the internal market. The specific objectives are: (i) to reduce the generation of 
packaging waste; (ii) to promote a circular economy for packaging in a cost -effective manner; 
and (iii) to promote the use of recycled content in packaging.  
The impact assessment compiled all possible measures for analysis , based on three studies 
conducted by an external consultant, stakeholder workshops, an online public consultation  
and targeted  interviews . The diverse, complex and often interrelated measures were grouped 
under three policy options, which are compared to a business -as-usual scenario.  Options 1 to 
3 increase in strength in terms of their environmental effectiveness , but also their 
implementati on burden  and intrusiveness , as follows:  
                                                 
 
23 Relevance of biodegradable and compostable consumer plastic products and packaging in a circular 
econ omy - Publications Office of the EU (europa.eu) . 
24 Total packaging waste generation in the EU has risen from 66 million tonnes in 2009 to 78.5 million 
tonnes in 2019 (19  % growth, higher than GNI).  The annual production of packaging waste in 2018 was 
estim ated at 173 kg per capita in the EU, an increase of 27 kg compared to 2009 . EN 9  EN  Option 1 sets out measures to increase standardisation and establishes clearer essential 
requirements that tend to be pre -requisites for measures in other groups.  
 Option 2 sets mandatory targets for waste reduction,  re-use for certain sectors  and 
minimum recycled content in plastic packaging, requirements to ensure full recyclability 
by 2030 and harmonised product rules.  
 Option 3 sets higher mandatory targets than Option 2 and additional product requirements.  
The mai n policy choices for decision makers in the 27 EU Member States in the three 
intervention areas are national waste reduction targets, re -use targets for economic operators 
in certain sectors, measures to increase recyclability, and targets for recycled con tent in plastic 
packaging. Of the enabling measures, mandatory deposit return systems and labelling rules to 
facilitate consumers´ sorting are the outstanding policy choices.  
The measures contained in each option are presented in the following Table. In or der to 
demonstrate the interlinkages between them, alternatives measures have the same number, 
e.g. M2b and M2c. Measures concerning the main  policy choices  are in bold . 
Option 1: Better 
standardisation & clearer 
Essential Requirements  Option 2: Mandatory targets and 
stricter requirements  Option 3: Far -reaching 
targets and 
requirements  
M5: Minimization of 
empty space in packaging 
in selected sectors, 
including e -commerce  
M1: Update of Essential 
Requirements to minimize 
over -packaging  
M10a: Revision of CEN 
standard for defining 
reusable packaging  
M19: providing clarity on 
the definition of reuse 
activity versus a 
“preparing for reuse” 
activity  M8b: Mandatory reuse targets for 
selected packaging groups for 
2030/2040 in selected sectors 
+M19+M10a+M10b: Definitions 
and mandatory requirements for 
reusable packaging formats set in 
EU legislation and standards for 
some formats+M10c: Definition and 
mandatory standards for reuse 
systems  
M7: Phase out avoidable / 
unnecessary packaging  
M2b: Mandatory target of 19% 
reduction of packaging waste per 
capita in 2030 compared to the 
baseline  +M1+M5  M8c:  Mandatory high 
level targets to 
increase the reuse of 
packaging by 
2030/2040 in selected 
sectors  +M10a+ 
M10b+M10c+M19  
M2c: Mandatory 
target of 23% 
reduction of 
packagi ng waste per 
capita in 2030 
compared to the 
baseline  
+M1+M5+M7+M3: 
Banning by 2030 of 
heaviest packaging for 
selected items based on 
existing lighter 
alternatives  
M21a: All packaging shall 
be reusable or recyclable 
by 2030 - clarification of 
Essential Requ irements 
and recyclability definition 
+M21b: All reusable 
packaging must be 
recyclable as of 2030  
M22a: Qualitative definition 
of recyclable packaging  
M28: Clarification of 
biodegradability and 
compostability and updates 
of respective Essential 
Requirements & standard 
EN 13432  
M29a: Allowing 
compostable and 
conventional plastics for 
selected packaging types  M22b: Definition of recyclable 
packaging based on design for 
recycling (DfR) criteria 
complemented by the 
recyclability assessment 
procedure and a negative list of 
non-recyclable packaging 
characteristics  
+M21a+M21b+M22a+ M23: 
Harmonisation of EPR Fee 
Modulation Criteria  
M29d: Mandatory compostability 
for certain out of the selected 
plastics packaging types and for 
the remaining ones compostable  or 
conventional plastics possible 
+M28  M22c: Quantitative 
definition of recyclable 
packaging  
+M21a +M21b+M22a+
M23  
M29b: Mandatory 
compostability for all 
selected plastics 
packaging types +M28  EN 10  EN M37: Definition of 
Recycled Content and 
measurement method  M35em: Broad targets for 
recycled content in plastic 
packaging based on contact -
sensitivity  for 2030 and 2040  
+M37  M35eh: Higher 
ambition, broad 
targets for recycled 
content in plastic 
packaging based on 
contact -sensitivity for 
2030  and 2040  +M37  
Mx: Update of current 
material -based labelling: 
Removal of alphanumeric 
codes for waste sorters  
M31: Update of 
definitions concerning 
hazardous substance  
M32a: Expanding the 
information on hazardous 
substances  Ma&b: Mandatory DRS and 
minimum requirements for all 
DRS  
M27c -y: Harmonised labelling of 
products and waste receptacles to 
facilitate consumers´ sorting 
(advanced Nordic pictograms 
system) +Mx+Mk: Restrictions on 
use of confusing labels  
M12 -u: Harmonised, mandatory 
labelling for reusable packaging  
M38 -j: Labelling criteria for 
Recycled Content   
M32b: Notification of  substances of 
concern in packaging +M33a: 
Restrictions of substances under 
REACH +M31  
M40b: Mandatory minimum GPP 
criteria for packaging of priority 
products and services  
M42b: Harmonization of  EPR 
reporting system  
MPCB: Extended reporting 
obligation on PCB  Mc: Prioritized use of 
recycled packaging 
from DRS  +Ma&b  
M26cc: Waste 
collection schemes 
alternative to 
DRS +Mx+M12 -
u+M38 -j+M27c -y+Mk   
M32c: Notification of 
all substances in 
packaging +M33b: 
Restrictions of 
substances under the 
reviewed PPWD  +M31  
M40c: Mandatory 
minimum GPP criteria 
for packaging of all 
products and services  
M34b: Mandatory 
reporting requirement 
for recycled content for 
all packaging  +M42b  + 
MPCB  EN 11  EN Based on the assessment of the impacts of the measures, t he Commission favours Option  2. 
However, a diligent case by case evaluation was undertaken in order to detect elements of 
measures outside Option 2, whose integra tion into the preferred policy option would further 
improve the environmental performance and feasibility, while still being proportionate.  
• Regulatory  fitness  and simplification  
The proposed measures have different levels of administrative burden, which would mainly 
result from monitoring and reporting on compliance, both for public authorities and for 
businesses.  
At the same time, this proposal makes full use of digitalisation to reduce administrative 
burden. For example, it is envisaged that the Commis sion would adopt an implementing act to 
establish the conditions for identifying the material composition of packaging by means of 
digital marking technologies. It is also recommended  that reusable  packaging w ould have QR 
codes or equivalent means to facilitate their recovery and harmonised specific labels that 
properly inform  consumers about  packaging reusability, the availability of re -use systems . 
Moreover, the harmonised packaging labelling for consumers` sorting should improve the 
waste separat ion and means a significant simplification for the operators.  
• Fundamental  rights  
The proposal has no consequences for the protection of fundamental rights.  
4. BUDGETARY  IMPLICATIONS  
The financial statement included shows the detailed budgetary implications and the human 
and administrative resources required by this Proposal.  
The European Commission, and more specifically the Directorate -General for Environment 
(DG ENV), will be responsible for negotiating the regulation through the regular co -decision 
procedure, as well as for its general implementation and adoption of all the implementing and 
delegated acts envisaged in it. Other departments and agencies that will provide input include 
Eurostat , the Joint Research Centre (JRC) and the European C hemicals Agency (ECHA).  
The current financial simulations are based on three full -time equivalent Administrator (AD) 
posts only to carry out: (i) the negotiation and general implementation of the Regulation; and 
(ii) the preparatory work for the drafting o f the secondary legislation. The technical tasks are 
envisaged to be performed by two full -time equivalent seconded national experts (given the 
expected timeline) and two contractual agents. The costs for Commission staff amount to a 
total of EUR  6 537 000 based on the latest salary scales, which are publicly  available .  EN 12  EN 5. OTHER  ELEMENTS  
• Implementation  plans  and monitoring,  evaluation  and reporting  arrangements  
The proposal includes several provisions to improve monitoring and the understanding of 
packag ing flows. These will add to the existing calculation and reporting requirements for 
Member States under Commission Decisions 2005/270/EC25 and 2018/896/EC26. These 
decisions will need to be replaced to include additional reporting requirements necessary to 
support the monitoring and the full implementation of the substantive requirements related to: 
(1) plastic carrier bags (i.e. disaggregated and mandatory r eporting and different categories of 
plastic carrier bags); (2) the collection rate of packaging covered by the obligation to set up 
deposit and return systems; and (3) data related to specific packaging categories, which is 
necessary to develop the method ology for assessing the recyclability of packaging.  
To support the monitoring of extended producer responsibility (EPR) at Member State -level, 
and harmonise EPR requirements to make them more effective across the EU, this initiative 
also proposes a regist ration requirement for economic operators (producers) and their 
producer responsibility organisations when they make  packaging available on a Member State 
market for the first time. This is accompanied by harmonised requirements to report data on 
such pack aging to the national authorities. This will reduce the administrative burden on 
producers that currently have to adapt to increasingly divergent national requirements on EPR 
reporting, and allow Member States to meet their reporting obligations and provid e the 
necessary level of  data granularity to support future policy adjustments,  particularly on 
packaging recyclability.  
The proposal limits the reporting of data on re -use and refill targets to that submitted by the 
obliged economic operators to the comp etent authorities; no additional reporting to the 
Commission is envisaged. The calculation rules will be adopted by the Commission in 
implementing acts . 
• Detailed  explanation  of the specific  provisions  of the proposal  
Chapter I  sets out the general  provis ions.   
Article 1  lays down the subject matter  of this Regulation. It explains that it introduces 
requirements over the entire life -cycle of packaging as regards  its environmental sustainability  
and labelling  to allow placing packaging on the market , as well as requirements for the 
extended producer responsibility, collection, treatment, recycling  of packaging  waste . It 
explains that this Regulation contributes to the efficient functioning of the internal market 
while pursuing environmental objectives as regards preventing or reducing the negative 
                                                 
 
25 Commission Decision 2005/270/EC of 22 March 2005 establishing the formats relating to the database 
system under  Directive 94/62/EC of the European Parliament and of the Council o n packaging and 
packaging waste, as last amended by Commission Implementing Decision (EU) 2019/665  of 17 April 
2019 (consolidated version OJ L 112, 26.4.2019, p. 26 –46). 
26 Commission Implementing Decision (EU) 2018/896 of 19 June 2018 laying down the metho dology for 
the calculation of the annual consumption of lightweight plastic carrier bags and amending Decision 
2005/270/EC  (OJ L 160, 25.6.2018, p. 6 –10). EN 13  EN impacts of packaging and packaging waste on the environment and human health. In this way, 
it contributes to the transition to a circular economy in line with the hierarchy of waste.  
Article 2  lays down that this Regulation applies to all packaging, regardless of the material 
used, and to all packaging waste.  
Article 3  lays down  the definitions  needed for the purposes of this Regulation. A number of 
these definitions are taken over from the New Legislative Framework (Regulation (EC) No 
765/2008 and Decision 768/2008/EC), from the repealed Packaging and Packaging Waste 
Directive or from existing Union legislation (such as the Waste Framework Directive and the 
Market Surveillance Regulation). A set of new defi nitions is brought in , notably  to implement 
the main measures of this initiative with the focus on recyclable packaging , use of recycled 
content in plastic packaging,  reusable packaging and packaging waste prevention.  
Article 4  lays down the principle of f ree movement on the single market for packaging which 
complies with the sustainability requirements and labelling requirements as laid down in this  
Regulation.  
Chapter II  contains sustainability requirements for packaging.  
Article  5 lays down  requirements  for substances  in packaging , in particular  a restriction  on the 
concentration  level  of lead,  cadmium,  mercury  and hexavalent  chromium . The Commission  is 
empowered  to adopt  delegated  acts lowering  the level  of this restriction  as well as laying  
down  exempti ons from  it.  
Article 6  requires packaging to be recyclable  and sets out what requirements will need to be 
met in a two -stepped approach . As of 1/1/2030, packaging will have to  comply with the 
design for recycling criteria and , as of 1/1/2035  the requirements will be further adjusted  to 
ensure that recyclable packaging is also  sufficiently and effectively collected, sorted and 
recycled  (‘recycled at scale’)  . The criteria for the design of recycling and the methodolo gy to 
assess if packaging is rec ycled at scale will be established in delegated acts to be adopted by 
the Commission. The differed application of these provisions is necessary in order to adopt 
the necessary legislation detailing the recyclability requirements and to grant sufficient tim e 
to the industry to adapt to the new rules. This provision furthermore  establishes the rule that 
financial contributions to be paid by producers to comply with their extended producer 
responsibility obligations shall be modulated based on the recyclabilit y performance grades 
under the design for recycling criteria , which will be updated to include recyclability at scale 
thresholds to be applied as of 2035 . Finally, specific rules are set for innovative packaging for  
which the recyclability requirements sha ll only be required to be documented 5 years from its 
first placing on the market. Additionally, immediate packaging meeting the definition of 
immediate packaging in Article 4(25) of Regulation (EU) 2019/6, as well as contact sensitive 
plastic packaging of  medical devices covered by Regulation (EU) 2017/745 and of in vitro 
diagnostics medical devices covered by Regulation (EU) 2017/746 are exempted from the 
recyclability requirements set up under this Article  until 2034  to take account of the human 
and anim al health and safety considerations.  
Article 7  requires that, as of 1 January 2030, plastic  packaging  shall  contain  certain  minimum  
amount  of recycled  content  recovered from post -consumer plastic  waste , per unit  of plastic 
packaging ; specific  packaging  has been  exempted,  as appropriate . These  amounts  shall  
increase  by 1 January  2040  and the derogations  should  be revised . The Commission will 
adopt an implementing act to establish the methodology for the calculation and verification of 
the percentage of recycled content recovered from post -consumer plastic waste and the format 
for the related technical documentation.  This provision  also empowers  the Commission  to EN 14  EN adopt  delegated  acts to amend  the minimum  percentage  of recycled  content  recovered  from 
post-consumer  plastic  waste .  
Article  8, combined  with the definition  in Article  3, defines  conditions  for packaging  to be 
considered  compostable  and prescribes  that filter coffee pods, sticky labels attached to fruit 
and vegetables and very lightweight plastic  carrier bags shall be compostable  by 24 months 
after the entry into force of this Regulation . Other packaging shall , with the exception of 
lightweight plastic carrier bags, for which a flexibility was granted to the Member States , be 
eligible for material  recycling . It also empowers the Commission to adopt delegated acts to 
amend the list of packaging that need to be compostable.  
Article  9 requires  that the weight  and volume  of packaging  shall  be minimised  with due 
account taken of the packaging’s safety and functionality . The compliance  with this obligation  
shall  be proven  by technical  documentation.   
Article  10 lays down  the requirements  for reusable  packaging.  One of the requirements  is e.g. 
that the packaging  is conceived,  designed  and placed  on the market  with the objective  to be 
re-used or refilled  a maximum  number  of times.  Reusable  packaging  must  be also part of a 
system  for re-use compliant  with the minimum  conditions  as set out in Annex  VI of this 
Regulation.  
Chapter III  lays down labelling , marking and information  requirements.  
Article 11 require s that packaging  is marked with a label containing information on its 
material composition in order to facilitate consumer sorting. The same labels shall b e placed 
on waste receptacles for the consumer to easily identify the appropriate disposal route  (Article 
12). Harmonized label  shall  be designed also to inform, at the choice of the manufacturer, 
about the recycled content in plastic packaging . Reusable packaging shall bear a  QR code or 
other type of data carrier giving  access to the  relevant  information  facilitating its re -use. The 
Commission shall be empowered to, by implementing act s, establish  harmonised labelling 
requirements and formats for packagin g and waste receptacles as well as for identifying the 
material composition of packaging means of digital marking technologies.  
Chapter IV lays down the obligations of economic operators  and the provisions are mostly 
standard from Decision 768/2008/EC27. It is however worth mentioning Article  14 and 
Articles  21-28. 
Article 1 4 requires supplier s of packaging or packaging material to provide the manufacturer 
with all the information and documentation necessary for manufacturer to demonstrate the 
conformity of the packaging.   
Article 21 stipulates that economic operators that supply products  to final distributors or end 
users in grouped, transport or e -commerce packaging must ensure that the ratio of empty 
space in the packaging in relation to the packaged product(s) is maximum 40  %. 
                                                 
 
27 Decision No 768/2008/EC of the European Parliament and of the Council of 9 July 2008 on a common 
framework for the marketing of products, and repealing Council Decision 93/465/EEC ( OJ L 218, 
13.8.2008, p. 82 –128).  EN 15  EN Article 2 2 stipulates that  economic operators should  not place on the market packaging in the 
formats and for the purposes listed in Annex V to the Regulation.  The Commission is 
empowered to amend this list by adopting a delegated act.  
Article s 23 and 2 4 require that the economic operator who places reusable packaging on the 
market shall ensure  a system for re-use for that packaging  is in place . The economic operators 
that make use of reusable packaging shall also  set up or participate in a system for re -use of 
such packaging . The requirements  for the system for re -use and for the reconditioning of 
reusable packaging are  laid down in Annex VI to the Regulation.  
Article 2 5 require s economic operators who  offer products  for purchase through refill  to 
provide certain information to end -users  and to ensure  the compliance of refill stations with 
the requirements laid down in Part C of Annex VI.  
Article 2 6 lays down a number of targets on re -use and refill  for different sectors and 
packaging formats. It also establish es exemptions from  the obli gation to meet the re -use and 
refill targets.  The Commission may adopt delegated acts laying down more specific re -use 
targets and further exemptions.  
Article s 27 and 2 8 lays down the rules on the calculation of the attainment of the different re -
use and refill targets laid down in Article 2 6 and reporting to the competent authority on those 
targets . By 31 December 2028 the Commission shall adopt an implementing act establishing 
detailed calculation rules and the methodology regarding the targets laid down  in Article 26.  
Chapter V (Article 29 ) lays down  that the annual consumption of lightweight plastic carrier 
bags cannot exceed 40 such bags per person by the 31st December 2025. Member States can 
exclude very lightweight plastic carrier bags, which are required for hygiene purposes or 
provided as sales packaging for loose food to prevent food wastage , from the obligation to 
meet the target .  
Chapter VI on the confo rmity of packaging  is mostly standard provisions from Decision 
768/2008/EC on how to assess the conformity of packaging . It concerns:  
–  the use of reliable, accurate and reproducible methods for tests, measurements and 
calculations ( Article 30);  
–  harmonised standards providing a presumption of conformity ( Article 31);  
–  the possibility for the Commission to adopt common technical specifications where 
harmonised standards are not available ( Article 32); 
–  the conformity assessment procedure ( Article 33); and  
–  the EU declaration of conformity ( Article 34). 
Chapter VII concerns the management of packaging and of packaging waste.  
Article 35 requires that Member States designate a competent authority for the 
implementation and enforcement of the obligations arising from Articles 2 6 to 29 and Chapter 
VII.  
Article  36 concerns the  early warning report, to be drafted by the Commission in cooperation 
with the E uropean Environment Agency, concerning the progress towards the attainment of 
the targets laid down in Articles 38 and 46. 
Article 37 requires Member States to introduce a chapter on the management of packaging 
and packaging waste into their waste manageme nt plans as required in Article 28 of Directive 
2008/98/EC.  EN 16  EN Article 38 requires each Member State to progressively reduce the packaging waste generated 
per capita as compared to the packaging waste generated  per capita in 2018 , by 5 % by 2030,  
10 % by 2035  and 15  % by 2040 . The Member States shall implement  measures, such as 
economic instruments and other measures , to provide incentives for the application of the 
waste hierarchy, in order to prevent the generation of packaging waste and to minimise the 
environmental impact of packaging.  
Article 39 requires Member States to establish a register which shall serve to monitor  the 
compliance of producers of packaging with the requirements of Chapter  VII. Producers , 
producer responsibility organisation s in case  such an organisation was  appointed by a 
producer, or the appointed  representative for the extended producer responsibility shall be 
registered in the register of the Member State in which the producer makes packaging 
available for the first time . Producers w ho are not registered, shall not make available 
packaging on the market of a Member State.  
Article 40 lays down that producers that make available packaging on the market for the first 
time within the territory of a Member State will have extended producer responsibility for 
their packaging in line with Article 8 and Article 8a of Directive 2008/98/EC.  
Article 41 concerns producer responsibility organisations. If multiple producer responsibility 
organisations exist, it must  be ensured that they perform their obligations over the whole 
territory of a Member State.  
Article 42 requires that producers or an appointed producer responsibility organisation apply 
for an authorisation from the competent authority.  
Article 43 requires that Member States ensure that systems are set up to enable the return 
and/or collection of all packaging and packaging waste from the consumer, other final user, or 
from the waste stream.  
Article 44 requires a deposit and return system (DRS) for single -use plastic beverage bottles 
with the capacity of up to three litres and single -use metal and aluminium beverage containers 
with a c apacity of up to three litres. It also lays down exemptions to this rule . By 1 January 
2029, Member States must ensure that all DRS follow the minimum requirements set out in 
Annex X. Member States are also allowed to include glass in the DRS and should en sure that 
DRS for single -use packaging formats, in particular for single -use glass beverage bottles, 
where technically and economically feasible, are equally available for reusable packaging . 
Article 45 requires Members States to take measures to encourage  the increase of systems to 
enable re -use. Such measures can be e.g. the use of deposit -return systems for packaging 
which is not covered by the deposit  return system s mandated  by Article 44.  
Article 46 lays down recycling targets of packaging waste that Member States must meet by 
31 December 2025 and by 31 December 2030, which are the same as in Directive 94/62/EC. 
If Member States postpone the deadlines for achieving the 2025 targets  they must submit an 
implementation plan in line with Annex XI. The Comm ission can request that a Member State 
revise their implementation plan .  
Article 47 and 48 lays down the rules on calculation of the attainment of the recycling targets  
laid down in Article 46(1).  
Article 49 requires that producers or producer responsibility organisations make available 
information on the prevention and management of packaging waste for the packaging they 
supply within the territory of a Member State.  
Article 50 concerns reporting for each c alendar year from the Member States to the 
Commission  on: EN 17  EN - the attainment of the recycling targets,  
- consumption of very lightweight, lightweight and thick plastic carrier bags,  
- the collection rate of packaging covered by the obligation to set up dep osit and return 
systems , and  
- the packaging placed on the market and recycling rates for packaging formats/types as 
indicated in Table 3, Part 3, of Annex II.  
Article 51 sets out rules for databases on packaging and on the information they must contain.  
Chapter VIII concerns safeguard procedures and is based on standard provisions.  
Chapter IX (Article 57) concerns green public procurement and , more specifically , the 
possibility for the Commission to adopt delegated acts to establish requirements applicab le to 
public contracts (e.g. technical specifications, selection criteria, award criteria, etc.), based on 
the sustainability requirements laid down in  this Regulation.  
Chapter X  is a standard chapter with articles on delegated acts ( Article 58) and on 
implementing acts ( Article 59).  
Chapter XI sets out amendment s to Regulation (EU) 2 019/1020  and Directive (EU) 2019/904 . 
Chapter XI I is a standard chapter on final provisions, with articles on penalties ( Article 62), 
on carrying out an evaluation of the Regulation 8 years after adoption ( Article 63), and on 
repeal and transition al provisions ( Article 64). EN 18  EN 2022/0396 (COD)  
Proposal for a  
REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL  
on packaging and packaging waste, amend ing Regulation (EU) 2019/1020 and Directive 
(EU) 2019/904, and repealing Directive 94/62/EC  
(Text with EEA relevance)  
THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,  
Having regard to the Treaty on the Functioning of the European Union, and i n particular 
Article 114 thereof ,  
Having regard to the proposal from the European Commission,  
After transmission of the draft legislative act to the national parliaments,  
Having regard to the opinion of the European Economic and Social Committee1,  
Having  regard to the opinion of the Committee of the Regions2, 
Acting in accordance with the ordinary legislative procedure,  
Whereas:  
 
(1) Products  need packaging to be protected and easy to transport from where they are 
produced to where they are used or consum ed. Prevention of barriers to the internal 
market for packaging  is key for the functioning of the internal market for products . 
Fragmented rules  and vague requirements caus e additional cost to the economic 
operators.   
(2) In addition, packaging use s high amount s of virgin materials (40  % of plastics and 
50 % of paper use in the U nion is for packaging) and represents 36  % of municipal 
solid waste3. High and constantly growing levels of packaging generated as well as 
low levels of re -use and poor recycling , present  significant barriers to achieving a 
low-carbon circular economy.  For these  reasons, this Regulation should establish 
rules over the entire life -cycle of packaging contributing to the efficient functioning 
of the internal market by harmonising natio nal measures, while preventing and 
reducing the adverse impacts of packaging and packaging waste on the environment 
                                                 
 
1 OJ C […], […], p. […]. 
2 OJ C […], […], p. […]. 
3 Eurostat, Packaging waste statistics: https://ec.europa.eu/eurostat/statistics -
explained/index.php?title=Packaging_waste_statistics  EN 19  EN and human health. By laying measures in line with the hierarchy of waste, it should 
contribute to the transition to a circular economy . 
(3) European Parliament and Council Directive 94/62/EC4 lays down  requirements for 
Member States on packaging, such as e ssential requirements, which relate to the 
composition of packaging  and its reusable and recoverable nature, and recovery and 
recycling targets.  
(4) In 2014, a Fitness Check  relating to Directive  94/62/EC5 recommended adaptations 
of the essential requirements to make them  “more concrete and easily enforceable” 
and to strengthen them, which were seen  as a key tool to achieve better 
environmental performance of packaging.   
(5) In line with the Green Deal6, the new Circular Economy Action Plan (CEAP)7 
commits to reinforcing th e essential requirements for packaging  in view of makin g 
all packaging reusable or recyclable by 2030,  and to consider other measures to 
reduce (over)packaging and packaging waste, drive design for re -use and 
recyclability  of packaging, reduc e the complexi ty of packaging materials and 
introduce requirements for recycled content in plastic packaging. It commits the 
Commission to assess the feasibility of U nion-wide  labelling that facilitates the 
correct separation of packaging waste at source.   
(6) Plastic packaging is the most carbon -intensive material  and, in terms of fossil fuel 
use, recycling of plastic waste is approximately five-times better than incineration 
with energy recovery8. Just as the European Strategy for Plastics9 states , CEAP 
commits to increase uptake of recycled plastics and contribute to the more 
sustainable use of plastics.  The Union budget and the system of own resources 
contribute to reduc ing pollution from plastic packaging waste10. As of 1 January 
2021 , the Council Decision (EU, Eurat om) 2020/2053 of 14 December 2020 on the 
system of own resources of the European Union  introduce d a national contribution 
that is proportional to the quantity of plastic packaging waste that is not recycled in 
each Member State. This own resource is part o f incentive s to reduce the 
consumption of single -use plastics, foster recycling and boost the circular economy.  
                                                 
 
4 European Parliament and Council Directive 94/62/EC of 20 December 1994 on packaging and 
packaging waste ( OJ L 365, 31.12.1994, p. 10 ). 
5 European Commission (20 14), Ex -post evaluation of Five Waste Stream Directives, – SWD (2014)209  
6 https://eur -lex.europa.eu/legal -content/EN/TXT/?uri=COM%3A2019%3A640%3AFIN  
7 https://eur -lex.europa.eu/legal -content/EN/TXT/?uri=COM:2020:98:FIN&WT.mc_id=Twitter  
8 Amadei A., Ardente F., Garcia -Gutierrez P., Klenert D., Nessi S., Tonini D., Tosc hes D., Saveyn H.  
(2022), Environmental and economic assessment of plastic waste recycling, Mechanical, physical and 
chemical recycling technologies, publication pending . 
9 Communication from the Commission to the European Parliament, the Council, the European 
Economic and Social Committee and the Committee of the Regions A European Strategy for Plastics in 
a Circular Economy COM(2018)28 final.  
10 Council Decision (EU, Euratom ) 2020/2053 of 14 December 2020 on the system of own resources of 
the European Union and repealing Decision 2014/335/EU, Euratom COM ( OJ L 424, 15.12.2020, p. 1 ). EN 20  EN (7) The Council underlined in its C onclusions of December 202011, that the revision of 
Directive  94/62/EC  should update and establish more concrete, effective and easy to 
implement provisions to facilitate  sustainable packaging in the internal market and 
minimise the complexity of packaging in order to foster economically feasible 
solutions , to improve the re usability and recyclability as well as minimise substances 
of concern in packaging material s, especially concerning  food packaging materials , 
and to provide for  labelling packaging in an easily understandable way to inform 
consumers about its recyclability  and where its waste should  be discarded to 
facilitate  sorting and  recycling.   
(8) The European Parliament’s Resolution of 10 February 2021 on the New Circular 
Economy Action Plan12 reiterated the objective  of making  all packaging reusable or 
recyclable in an economically viable way by 2030 and called on the Commission to 
present a legislative proposal including waste reduction measures and targets and 
ambitious essential requirements in the Packaging and Packaging Waste Directive to 
reduce excessive packagi ng, including  in e-commerce, improve recyclability and 
minimise the complexity of packaging, increase recycled content, phase out 
hazardous and harmful substances, and promote re -use.  
(9) This Regulation complements  Regulation  [Ecodesign for Sustainable Products ]13, 
under which packaging is not  addressed  as a specific product category . However, it 
should be recalled that  with respect  to specific products , delegated acts adopted on 
the basis of Regulation  [Ecodesign for Sustainable Products ] may establish 
additional or more detailed requirements for their packaging , in particular in relation 
to packaging minimisation when design or re-design of products can lead to 
environmentally less impactful  packaging .  
(10) This Regulation should apply to all packaging placed on the market in the Union and 
to all packaging waste, regardless of the type of packaging or the material used.  For 
reasons of legal clarity the definition of  packaging  under the previous Directive 
94/62/EC  should be  restructured without changing t he substance . Sales packaging, 
grouped packaging and transport packaging should be defined separately avoiding 
duplication of  terminology . Consequently, sales packaging corresponds to primary 
packaging, grouped packaging to secondary packaging and transpor t packaging to 
tertiary packaging.  
(11) An item, which is an integral part of a product and is necessary to contain, support or 
preserve that product throughout its lifetime and where all elements are intended to 
be used, consumed or disposed of together,  should not be considered as being 
packaging given that its functionality is intrinsically  linked to it being part of the 
product. However, in light of the disposal behaviour of consumers regarding t ea and 
coffee bags a s well as  coffee  or tea system single -serve units , which in practice are  
disposed of together with the product  residue  leading to the contamination of 
                                                 
 
11 https://data.consilium.europa.eu/doc/document/ST -13852 -2020 -INIT/en/pdf  
12 https://www.europarl.europa.eu/doceo/document/TA -9-2021 -0040_EN.html   
13 https://ec.europa.eu/info /energy -climate -change -environment/standards -tools -and-labels/products -
labelling -rules -and-requirements/sustainable -products/ecodesign -sustainable -products_en  EN 21  EN compostable and recycling streams , those specific items should be treated as 
packaging . This is in line with the objective to increase t he separate collection of bio -
waste, as required by Article 22 of Directive 2008/98/EC  of the European Parliament 
and of the Council14. Furthermore, to ensure coherence regarding end -of-life 
financial and operational obligations, also all coffee  or tea system single -serve units 
necessary to contain coffee or tea should be treated as packaging.  
(12) In line with the waste hierarchy  set out in Article 4(2) of Directive 2008/98/EC , and 
in line with life -cycle thinking to deliver the best overall env ironmental outcome , the 
measures  provided for  under this Regulation aim at  reducing the amount of 
packaging placed on the market  in terms of its volume and weight , and preventing 
the generation of packaging waste , especially through packaging minimi sation , 
avoiding packaging where it is not needed,  and increas ed re-use of packaging.  In 
addition , the measures aim at increasing the use of recycled content in packaging, 
especially in plastic packaging where the uptake of recycled content is very low, as 
well a s high er recycling rates for  all packaging and  high quality  of the resulting 
secondary raw materials while  reducing other forms of recove ry and final disposal.   
(13) Packaging should be designed, manufactured and commercialised in such a way as to 
allow fo r its re -use or high -quality recycling,  and to minimise its impact on the 
environment during its entire life -cycle and the life cycle of products, for which it 
was designed.   
(14) In line with the objectives of the Circular Economy Action Plan15 and the Che micals 
Strategy for Sustainability16, and  to ensure the sound management of chemicals 
through out their life cycle and the transition to a toxic -free and circular economy, 
and considering the relevance of packaging in everyday life , it is necessary  that this 
Regulation address es impacts on human health and on the environment and on 
broader sustainability performance, including circularity, resulting from impacts of 
substances of concern on the whole life cycle of packaging, from manufacture to use 
and end -of life, including, waste management.   
(15) Taking into consideration the scientific and technological progress, packaging should 
be designed and manufactured in a way as to limit the presence of certain heavy 
metals and other substances of concern in its com position.  As stated in the Chemicals 
Strategy for Sustainability, substances of concern are to be minimised and substituted 
as far as possible, phasing out the most harmful ones for non -essential societal use, in 
particular in consumer products. Accordingl y, substances  of concern as constituents 
of packaging material or of any of the packaging components should be minimised 
with the objective to ensure that packaging, as well as materials recycled from 
                                                 
 
14 Directive 2008/98/EC of the European Parliament and of the Council of 19 November 2008 on waste  
and repealing certain Dire ctives ( OJ L 312, 22.11.2008, p. 3 ). 
15 Communication from the Commission to the European Parliament, the European Council, the Council, 
the European Economic and Social Committee and the Committee of the Regions A new Circular 
Economy Action Plan For a cleaner and more competitive Europe COM(2020)98 final.  
16 Communication from the Commission to the European Parliament, the Council, the European 
Economic and Social Committee and the Committee of the Regions Chemicals Strategy for  
Sustainability Towards a Toxic -Free Environment, COM/2020/667 final.  EN 22  EN packaging, do not have an adverse effect on human healt h or the environment, 
throughout their life -cycle.  
(16) In line with  the Zero Pollution Action Plan17, Union policies should be based on the 
principle that preventive action should be taken at source. The Commission 
underlines in the Chemicals Strategy for Sustainability that Regulation (EC) No 
1907/2006 of the European Parliament and of the Council18 and Regulation (EC) No 
1272/2008 of the European Parliament and of the Council19 should be reinforced as 
the cornerstones for regulating chemicals in the Union and that they should be 
complemented by coherent approaches to assess and manage chemicals in existing 
sectorial legislation. Substances in packaging and packaging components are 
therefore restricted a t source and primarily addressed under Regulation (EC) No 
1907/2006 in accordance with the rules and procedures laid out under its Title VIII, 
in order to protect human health and the environment, along all stages of the life 
cycle of the substance, includ ing the waste stage.  Hence, it should be recalled that the 
provisions of that Regulation apply for adopting or amending restrictions on 
substances manufactured for use or used in the production of packaging or packaging 
components as well as on the placing  on the market of substances present in 
packaging or packaging components. Concerning packaging falling within  the scope 
of Regulation (EC) No 1935/2004  of the European Parliament and of the Council20, 
it should be recalled that that Regulation applies to ensure a high level of protection 
of the consumers of packaged food.   
(17) In addition to the restrictions set out in Annex XVII to Regulation (EC) No 
1907/2006 and, as applicable to food contact packaging, to provisions under 
Regulation (EC) No 1935/2004,  it is appropriate, for reasons of consistency, to 
maintain existing restrictions for lead, cadmium, mercury and hexavalent chromium 
present in packaging or packaging components.  
(18) Exemptions to the concentration levels of lead, cadmium, mercury and he xavalent 
chromium present in packaging or packaging components are established in 
                                                 
 
17 Communication  from the Commission to the European Parliament, the European Council, the Council, 
the European Economic and Social Committee and the Committee of the Regions Pathway to a Healthy 
Planet for All EU Action Plan: ‘Towards Zero Pollution for Air, Water and Soil’ COM(2021) 400 final.  
18 Regulation (EC) No 1907/2006 of the European Parliament and of the Council of 18 December 2006 
concerning the Registration, Evaluation, Authori sation and Restriction of Chemicals (REACH), 
establishing a European Chemicals Agency, amending Directive 1999/45/EC and repealing Council 
Regulation (EEC) No 793/93 and Commission Regulation (EC) No 1488/94 as well as Council 
Directive 76/769/EEC and Comm ission Directives 91/155/EEC, 93/67/EEC, 93/105/EC and 
2000/21/EC (OJ L 396, 30.12.2006, p. 1) . 
19 Regulation (EC) No 1272/2008 of the European Parliament and of the Council of 16 December 2008 on 
classification, labelling and packaging of substances and mi xtures, amending and repealing Directives 
67/548/EEC and 1999/45/EC, and amending Regulation (EC) No 1907/2006  (OJ L 353, 31.12.2008, p. 
1). 
20 Regulation (EC) No 1935/2004 of the European Parliament and of the Council of 27 October 2004 on 
materials and ar ticles intended to come into contact with food and repealing Directives 80/590/EEC and 
89/109/EEC (OJ L 338, 13.11.2004, p. 4 –17). EN 23  EN Commission Decision 2001/171/EC21 and Commission Decision 2009/292/EC22 
adopted under Directive 94/62/EC and should be maintained also under this 
Regulation. However, in order to amend or repeal them as well as to determine, if 
appropriate, further exemptions from the concentration levels of lead, cadmium, 
mercury and hexavalent chromium present in packaging or packaging components, 
or to amend the concentration limit value for these metals in this Regulation  in order 
to adapt it to technical and scientific progress , the power to adopt acts in accordance 
with Article 290 of the Treaty on the Functioning of the European Union should be 
delegated to the Commission.  
(19) This Regulation should not enable the restriction of substances based on reasons of 
chemical  safety, or for reasons related to food safety, with the exception of the 
restrictions on lead, cadmium, mercury and hexavalent chromium  that were  already  
established o n the basis of Directive 94/62/EC and should continue to be addressed 
under th is Regulation, given that  such restrictions are  addressed  under other Union 
legislation . It should, however  allow for the restriction, primarily for reasons other 
than chemical o r food safety, of substances present in packaging and packaging 
components or used in their manufacturing processes, which negatively affect the 
sustainability of packaging, in particular as regards its  circularity, especially  re-use or 
recycling.  
(20) Designing pac kaging with the objective of its  recycling , once it become s packaging 
waste,  is one  the most efficient measure s to improve the packaging circularity and 
raise packaging recycling rates  and the use of recycled content in packaging . 
Packaging design for recycling criteria have been established for a number of 
packaging formats under  voluntary industry schemes or by some Member States for 
the purpose of the modulation of extended producer responsibility fees. In order to 
prevent barrie rs to the internal market and provide industry with a level playing field , 
and with the objective  to promote the sustainability of packaging , it is important to 
set mandatory requirements regarding the recyclability of packaging, by harmonis ing 
the criteri a and the methodology for assessing packaging recyclability based on a 
design for recycling methodology at  the Union level. In order to meet the objective 
set out in the CEAP that, by 2030, all packaging should be recyclable or reusable, in 
an economically  viable manner, packaging recyclability performance grades should 
be established based on design for recycling criteria for packaging categories as 
listed in Annex  II. However, p ackaging should comply with the m only as of 1 
January 2030 in order to give su fficient time to the economic operators to adapt .  
(21) As design for recycling assessment  in itself does not  ensure that packaging is 
recycled  in practice , it is necessary to establish a uniform methodology and criteria 
                                                 
 
21 Commission Decision 2001/171/EC  of 19 February 2001 establishing the conditions for a derogation 
for glass packaging in rel ation to the heavy metal concentration levels established in Directive 
94/62/EC on packaging and packaging waste , OJ L 62, 2.3.2001, p. 20.  
22 Commission Decision 2009/292/EC of 24 March 2009 establishing the conditions for a derogation for 
plastic crates a nd plastic pallets in relation to the heavy metal concentration levels established in 
Directive 94/62/EC of the European Parliament and of the Council on packaging and packaging  waste, 
OJ L 79, 25.3.2009, p. 44 . EN 24  EN for assessing the  recyclability  of packaging  in practice  based on the state -of-the-art 
separate  collection, sorting and recycling  processes and infrastructure actually  
available in the U nion. Related reporting from Member States and, where relevant, 
economic operators  should support establi shing the recycl ability  “at scale” thresholds 
and update , on this basis, the recyclability performance grades  with respect to the 
specific packaging materials and categories .  
(22) In order to establish harmonised rules on packaging design  to ensure its recyclability , 
the power to adopt delegated acts should be delegated to the Commission to set out 
detailed criteria for packaging design for recycling per packaging materials and 
categories, as well as for the assessment of the packaging rec yclability at scale  
including for categories of packaging not listed in this Regulation . In order to give 
economic operators  and Member States sufficient time to collect and report the 
necessary data to establish  the “at scale” recycling methodology, the manufacturers 
should  ensure that packaging is recycl ed at scale as of 2035. Th at should  ensure that 
packaging complies with the design for recycling criteria, and is also recycl ed in 
practice on the basis of the s tate of the art processes  for separate collection,  sorting 
and recycling . 
(23) In order to stimulate innovation in packaging, it is appropriate to allow that 
packaging, which presents  innovative features  resulting in significant improvement 
in the core fun ction of packaging and has demonstrable environmental benefits , is 
given limited additional time  of five  years to comply with the recyclability 
requirements.  The innovative features should be explained in the technical 
documentation accompanying the packaging.   
(24) In order t o protect human  and animal  health and safety, due to the nature of the 
packag ed products and the related requirements , it is appropriate t hat the 
recyclability requirements should not apply to immediate packaging  as defined in 
Article 1 of Directive 2001/83/EC  of the European Parliament and of the Council23 
and in Article 4(25) of Regulation (EU) 2019/6  of the European Parliament and of 
the Council24, which are in direct con tact with the medicinal product , as well as 
contact sensitive plastic packaging of medical devices covered by Regulation (EU) 
2017/745  of the European Parliament and of the Council25 and of in vitro diagnostics 
medical devices covered by Regulation (EU) 2017/746  of the European Parliament  
and of the Council26. These exemptions  should apply  until 1 January 2035.  
                                                 
 
23 Directive 2001/83/EC of the European Parli ament and of the Council of 6 November 2001  on the 
Community code relating to medicinal products for human use ( OJ L 311, 28.11.2001, p. 67 ). 
24 Regulation (EU) 2019/6 of the European Parliament and of the Council of 11 December 2018 on 
veterinary medicinal  products and repealing Directive 2001/82/EC (OJ L 4, 7.1.2019, p. 43) . 
25 Regulation (EU) 2017/745 of the European Parliament and of the Council of 5 April 2017 on medical 
devices, amending Directive 2001/83/EC, Regulation (EC) No 178/2002 and Regulation ( EC) No 
1223/2009 and repealing Council Directives 90/385/EEC and 93/42/EEC (OJ L 117, 5.5.2017, p. 1).  
26 Regulation (EU) 2017/746 of the European Parliament and of the Council of 5 April 2017 on in vitro 
diagnostic medical devices and repealing Directive 9 8/79/EC and Commission Decision 2010/227/EU 
(OJ L 117, 5.5.2017, p. 176).  EN 25  EN (25) Some Member States are taking action to encourage recyclability of packaging 
through modulation of extended producer responsibility fees;  such initiatives taken at 
the national level may create regulatory uncertainty for the economic operators , in 
particular where they supply packaging in several Member States . At the same time,  
modulation of extended producer responsibility fees is an effective economic 
instrument to  incentivise  more sustainable packaging design leading  to better 
recyclable packaging while improv ing the functioning of the internal market . It is 
therefore necessary to harmonise criteria for the modulation of extended producer 
responsibility  fees based on the recyc lability performance grade obtained through 
recyclability assessment, while not setting the actual amounts of such fees . As the 
criteria should be related to the criteria on packaging recyclability, it is appropriate to 
empower the Commission to adopt such  harmonised criteria at the same time as 
establishing the detailed design for recycling criteria per packaging categories.  
(26) To ensure packaging circularity, packaging should be designed and manufactured in 
such a way as to allow  for the increased subst itution of virgin materials with recycled 
materials. The increased use of recycled materials supports the development of the 
circular economy with well -functioning markets for recycled materials, reduces 
costs, dependencies and negative environmental impac ts related to the use of primary 
raw materials , and allows  for a more resource -efficient use of materials. In relation to 
the different  packaging  materials , the lowest input of recycled materials is in plastic 
packaging. In order to address these concerns in the most appropriate manner, it is 
necessary  to increase  the uptake of recycled plastics , by establishing  mandatory 
targets for recycled content in plastic packaging at different levels depending on the 
contact -sensitiv ity27 of different plastic packaging applications, and ensur ing that the 
                                                 
 
27 Contact sensitive packaging refers to plastic packaging of products covered by Regulation (EC) No 
1831/2003 of the European Parliament and of the Council of 22 September 2003 on ad ditives for use in 
animal nutrition (OJ L 268, 18.10.2003, p. 29), Regulation (EC) No 1935/2004 of the European 
Parliament and of the Council of 27 October 2004 on materials and articles intended to come into 
contact with food (OJ L 338 13.11.2004, p. 4), Regulation (EC) No 767/2009 of the European 
Parliament and of the Council of 13 July 2009 on the placing on the market and use of feed, amending 
European Parliament and Council Regulation (EC) No 1831/2003 and repealing Council Directive 
79/373/EEC, Commis sion Directive 80/511/EEC, Council Directives 82/471/EEC, 83/228/EEC, 
93/74/EEC, 93/113/EC and 96/25/EC and Commission Decision 2004/217/EC (OJ L 229, 1.9.2009, p. 
1), Regulation (EC) No 1223/2009 of the European Parliament and of the Council of 30 Novembe r 
2009 on cosmetic products (recast) (OJ L 342, 22.12.2009, p. 59), Regulation (EU) 2017/745 of the 
European Parliament and of the Council of 5 April 2017 on medical devices, amending Directive 
2001/83/EC, Regulation (EC) No 178/2002 and Regulation (EC) No  1223/2009 and repealing Council 
Directives 90/385/EEC and 93/42/EEC (OJ L 117, 5.5.2017, p. 1), Regulation (EU) 2017/746 of the 
European Parliament and of the Council of 5 April 2017 on in vitro diagnostic medical devices and 
repealing Directive 98/79/EC and Commission Decision 2010/227/EU (OJ L 117, 5.5.2017, p. 176), 
Regulation (EU) 2019/4 of the European Parliament and of the Council of 11 December 2018 on the 
manufacture, placing on the market and use of medicated feed, amending Regulation (EC) No 183/ 2005 
of the European Parliament and of the Council and repealing Council Directive 90/167/EEC (OJ L 4, 
7.1.2019, p. 1), Regulation (EU) 2019/6 of the European Parliament and of the Council of 11 December 
2018 on veterinary medicinal products and repealing Directive 2001/82/EC (OJ L 4, 7.1.2019, p. 43) , 
Directive 2001/83/EC of the European Parliament and of the Council of 6 November 2001 on the 
Community code relating to medicinal products for human use (OJ L 311, 28.11.2001, p. 67)  and 
 
 EN 26  EN targets become binding by 2030. I n order to incrementally ensure packaging 
circularity, i ncreased targets should apply as of 2040.   
(27) It should be clarified, that paper material res ulting from the wood pulping process is 
not considered to be included in the definition of plastic under point 43 of Article 3.  
(28) In order to ensure a high level of human and animal health protection in accordance 
with requirements in Union legislation and to avoid any risk to the security of supply 
and to  the safety of medicines and medical devices safety, it is appropriate to provide  
for the exclusion from the obligation of a minimum  recycled content in plastic 
packaging for immediate packa ging as defined in Article 1 , point 23,  of Directive 
2001/83/EC and in Article 4 , point 25, of Regulation (EU) 2019/6, as well as for 
contact sensitive plastic packaging of medical devices covered by Regulation (EU) 
2017/745 and for contact sensitive packa ging of in vitro diagnostics medical devices 
covered by Regulation (EU) 2017/746. This exclusion  should also apply to outer 
packaging of human and veterinary medicinal products  as defined in Article 1, point 
24, of Directive 2001/83/EC and in Article 4, po int 26, of Regulation (EU) 2019/6  in 
cases where it has to comply with specific requirements to preserve the quality of the 
medicinal product.  
(29) In order to prevent barriers to the internal market and ensure the efficient 
implementation of the obligatio ns, economic operators should ensure that the plastic 
part of each unit of packaging contains a certain minimum percentage of recycled 
content recovered from post -consumer plastic waste .  
(30) There should be an incentive for economic operators to increase  the recycled content 
in the plastic  part of  packaging. The most appropriate means to achieve this is to 
ensure the modulation of extended producer responsibility  fees based on the 
percentage of recycled content in packaging . The fee modulation  should be  based on 
common rules for the calculation and verification of the recycled content contained 
in such packaging.  
(31) In order to ensure uniform conditions for the implementation of the rules on 
calculating and verifying, per unit of post -consumer plastic  waste in packaging, the 
share of recycled content recovered from post -consumer plastic waste present and 
establishing the format for technical documentation, the Commission should be 
empowered to adopt implementing provisions, in accordance with Article 5  of 
Regulation (EU) No 182/2011  of the European Parliament and of the Council28.  
(32) Regarding plastic packaging, except where made from polyethylene terephthalate 
(PET), it will be warranted, sufficiently ahead of the date of application of the related 
recycled content requirements , to re -assess the availability of suitable recycling 
technologies for such plastic packaging, also with respect to the  state of authorisation 
                                                                                                                                                         
 
Directive 2008/68/EC of the European Parliament and of the Council of 24 September 2008 on the 
inland transport of dangerous goods (OJ L 260, 30.9.2008, p. 13 –59). 
28 Regulation (EU) No 182/2011 of the European Parliament and of the Council of 16 February 2011 
laying down the r ules and general principles concerning mechanisms for control by Member States of 
the Commission’s exercise of implementing powers (OJ L 55, 28.2.2011, p. 13).  EN 27  EN under relevant Union rules, and the installation in practice of such technology. Base d 
on this assessment, t here might be need to provide for derogations from the recycled 
content requirements  for specific contact sensitive plastic packaging concerned, or to 
revise the derogations. To that end, the power to adopt acts in accordance with 
Article 290 of the Treaty should be delegated to the Commission . 
(33) In order to take into account the risks related to a possible insufficient supply of a 
specific plastic waste  for recycling that might lead to excessive prices or adverse 
effects on  health, safety and the environment , the power to adopt acts in accordance 
with Article 290 of the Treaty should be delegated to the Commission in respect of 
temporarily  amending the targets for mandatory recycled content  in plastic 
packaging . In evaluatin g the justification of such a delegated act , the Commission 
should assess well -reasoned requests from natural and legal persons.   
(34) For materials other than plastic, such as glass or aluminium, the trend to replace 
primary raw material with recycled materials is evident and expected to continue 
because of the development in the legal and economic environment and the 
consumers` expectat ions. Nonetheless, the Commission should  monitor closely the 
use of recycled content in packaging materials other than plastics  and should assess 
the appropriateness of proposing to establish further measures, including setting 
targets, aiming to increase the use of recycled content in packaging other than plastic 
packaging . 
(35) The bio -waste  waste stream  is often contaminated with conventional plastic s and the 
material recycling streams  are often contaminated with compostable plastics . This 
cross -contamin ation leads to  waste of resources,  lower quality secondary raw 
materials and should be prevented at source. As t he proper disposal route for 
compostable plastic packaging  is becoming increasingly confusing for consumers, i t 
is justified and necessary to lay down clear and common rules on the  use of 
compostable plastic packaging , mandating it only when its use brings a clear benefit 
for the environment or for human health. This is particularly the case when the use of 
compostable packaging  helps collect or  dispose of bio -waste.   
(36) For limited packaging applications made of  biodegradable  plastic polymers , there is 
a demonstrable environmental benefit of using compostable packaging, which enters 
composting plants , including anaerobic digestion  facilities  under  controlled 
conditions. Furthermore, where appropriate waste collection schemes and waste 
treatment infrastructures are available in a Member State, there should be  a limited 
flexibility in deciding whether to mandate the use of compostable plastics f or 
lightweight plastic carrier bags  on its territory. In order to avoid consumer confusion 
about the correct disposal and considering the environmental benefit of circularity of 
the carbon, all other plastic packaging should go into material recycling  and the 
design of such packaging should ensure that it does not affect the recyclability of 
other waste streams . 
(37) Where justified and appropriate due to technological and regulatory developments 
impacting the disposal of compostable plastics and under  the specific conditions 
ensuring that the use of such materials is beneficial for the environmental and human 
health, the power to adopt acts in accordance with Article 290 of the Treaty should 
be delegated to the Commission to amend or extend the list of  compostable 
packaging.  
(38) In order to facilitate conformity assessment with requirements on compostable 
packaging , it is necessary to provide for presumption of conformity for compostable EN 28  EN packaging which is in conformity with harmonised standards adopt ed in accordance 
with Regulation (EU) No 1025/2012  of the European Parliament and of the Council29 
for the purpose of expressing detailed technical specifications of those requirements 
and take into account , in line with the latest scientific and technologi cal 
developments,  the parameters, including composting times and admissible levels of 
contamination, which reflect the actual conditions in bio -waste treatment facilities , 
including anaerobic digestion processes . 
(39) It should be recalled that a ll compostable packaging constituting a food contact 
material is to meet the requirements set out in the Regulation (EC) No 1935/2004.  
(40) Packaging should be designed so as to minimise its volume and weight while 
maintaining its ability to perform the pack aging functions.  The manufacturer of 
packaging should assess the packaging against the performance criteria , as listed in 
Annex IV of this Regulation. In view of the objective of this Regulation to reduce 
packaging and packaging waste generation and to improve circularity  of packaging 
across the internal market , it is appropriate to further specify the existing criteria and 
to make them more stringent. T he list of the packaging performance criteria, as listed 
in the existing harmonised standard EN 13428:200 030, should therefore be modified. 
While marketing and consumer acceptance remain relevant for packaging design, 
they should not be part of performance criteria justifying on their own additional 
packaging weight and volume. However, this should not  compromise  product 
specifications for craft and industrial products and food and agricultural products that 
are registered and protected under the EU geographical indication protection scheme, 
as part of the Union’s objective to protect cultural heritage and traditional know -how.  
On the other hand , recyclability, the use of recycled content , and re -use may justify 
additional packaging weight or volume, and should be added to the performance 
criteria. Packaging with double walls, false bottoms and other cha racteristics only 
aimed to increase the perceived product volume should not be placed on the market, 
as it does not meet the requirement for packaging minimi sation.  The same rule 
should apply to superfluous packaging not necessary for ensuring packaging 
functionality.  
(41) In order to comply with the packaging minimisation requirements, particular 
attention should be paid to limiting the empty space, grouped and transport 
packaging, including e -commerce packaging.  
(42) In order to facilitate conformity ass essment with requirements on packaging 
minimi sation, it is necessary to provide presumption of conformity for packaging 
which is in conformity with harmonised standards adopted in accordance with 
                                                 
 
29 Regulation (EU) No 1025/2012 of the European Parliament and of the Council of 25 October 2012 on 
European standardisation, amending Council Directives 89/686/EEC and 93/15/EEC and Directives 
94/9/EC, 94/25/EC, 95/16/EC, 97/23/EC, 98/34/EC, 2004/22/EC, 2007/23/EC, 2009/23/EC and 
2009/105/EC of the European Parliament and of the Council and repealing  Council Decision 
87/95/EEC and Decision No 1673/2006/EC of the European Parliament and of the Council Text with 
EEA relevance (OJ L 316, 14.11.2012, p. 12).  
30 Packaging – Requirements specific to manufacturing and composition – Prevention by source 
reduct ion.  EN 29  EN Regulation (EU) No 1025/2012 for the purpose of expressing d etailed technical 
specifications of those requirements and specify measurable design criteria, 
including where appropriate, maximum weight or empty space limits for specific 
packaging formats as well as by -default, standardised packaging designs that compl y 
with the packaging minimisation requirement.  
(43) To promote the circularity and sustainable use of packaging, reusable packaging and 
systems for re -use should be incentivised. For th at purpose, it is necessary to clarify 
the notion of reusable packaging  and to ensure that it is  linked not only to the 
packaging design, which should enable a maximum number of trips or rotations  and 
maintaining the safety , quality  and hygiene requirements when being emptied, 
unloaded, refilled or reloaded , but also to the s etting up of systems for re-use 
respecting minimum requirements as set out in this Regulation. In order to facilitate 
conformity assessment with requirements on reusable packaging,  it is necessary to 
provide for presumption of conformity for packaging whic h is in conformity with 
harmonised standards adopted in accordance with Regulation (EU) No 1025/2012 for 
the purpose of expressing detailed technical specifications of those requirements  and 
define reusable packaging  criteria and formats, including minimum  number of trips 
or rotations, standardised designs, as well as requirements for systems  for re -use, 
including  hygiene requirements . 
(44) It is necessary to inform consumers and to enable them to appropriately dispose of 
packaging waste, including composta ble lightweight and very lightweight plastic 
carrier bags. The most appropriate manner to do this is to establish a  harmonised  
labelling system based on the material composition of packaging for sorting of waste, 
and to pair it with corresponding labels on waste receptacles.  
(45) To facilitate consumer s in the  sorting and dispos ing of packaging waste , a system of 
harmonised symbols should be introduced  and required  to be placed both on 
packaging and on waste receptacles, thus a llowing consumers to match  the symbols 
for the purposes of disposal. The symbols should enable appropriate waste 
management as it should  provide consumers with information about the composting 
properties of such packaging, in particular to avoid  consumer c onfusion that 
compostable packaging is not as such suitable for  home -compost ing. This approach 
should  improve  the separate collection  of packaging waste , leading to higher quality 
recycling of packaging waste, and introduc e a level  of harmonisation of the 
packaging waste collection systems  on the internal market . It is also necessary to 
harmonise symbols associated with the mandatory deposit and return systems. 
Considering that it is not collected through municipal waste collection systems, the 
use of th ose symbols should not be mandatory for transport packaging  with the 
exception of  the e -commerce packaging.  
(46) Labelling of recycled content in packaging should not be mandatory as this 
information is not critical to ensure the proper end -of-life treatmen t of packaging. 
However, manufacturers will be  required to meet recycled content targets  under this 
Regulation  and they m ay wish to display  that information on their packaging  to 
inform consumers thereof . To ensure that this information is communicated in a 
harmonised manner across the U nion, a label to indicate the recycled content should 
be harmonised.  
(47) In order to inform end-users about reusability,  availability of systems for re -use and 
location of collection points as regards reusable packaging , such packaging should 
bear a QR code or other data carrier  that provid es such  information . The QR code EN 30  EN should also facilitate tracking and the calculation of trips and rotations . In addition, 
reusable sales packaging should be clearly identified at the p oint of sale.  
(48) There should be no multiplication  of labels on packaging.  In order to avoid  this, 
where other Union legislation requires information on the packaged product to be 
available digitally through a data carrier, the information required for t he packaging 
under this Regulation and the information required for the packaged product should 
be accessible via the same data carrier. That data carrier should comply with the 
requirements under this Regulation or other applicable Union legislation. In 
particular, where the packaged product is covered by the Regulation [Ecodesign for 
Sustainable Products] or other  Union legislation requiring a digital product passport, 
that digital p roduct passport should also be used for providing the relevant 
informatio n under this Regulation.  
(49) To support the implementation of the objectives of this Regulation, c onsumers 
should be protected from misleading and confusing information about packaging 
characteristics and its appropriate end -of-life treatment , for which harmoni sed labels 
have been established under this Regulation . It should be possible to identify 
packaging  included in the extended producer responsibility scheme by means of a n 
accreditation  symbol throughout the territory of that system. Th at symbol sh ould be 
clear and unambiguous to consumers or users as to the recyclability of packaging. To 
this end, it could be  considered that the Green Dot symbol , which is used in some 
Member States to signify that a producer has made a financial contribution to a 
national packaging recovery system31, could mislead consumers to believe that 
packaging bearing such a symbol is always  recyclable .  
(50) In order to ensure uniform conditions for the implementation of the labelling 
requirements,  the power to adopt implementing acts in accordance with Article 29 1 
of the Treaty should be delegated  to the Commission to  further improve waste 
sorting, to establish the conditions for identifying the material composition of 
packaging by means of digital marking technologie s, and to lay down  detailed 
harmonized specifications for the labelling requirements for packaging and waste 
receptacles established under this Regulation.  When developing these specifications, 
the Commission should take into account scientific or other av ailable technical 
information, including relevant international standards.  In view of the new system, 
Commission Decision 97/129/EC32 should be repealed as of 42 months after the date 
of entry into force of this Regulation  and its content incorporated  into this 
implementing act . 
(51) Economic operators should ensure that packaging complies with the requirements 
under this Regulation . They  should take appropriate measures to ensure such 
compliance in relation to their respective roles in the supply chai n in order to ensure 
                                                 
 
31 https://www.pro -e.org/the -green -dot-trademark  
32 Commission Decision of 28 January 1997 establishing the identification system for packaging materials 
pursuant to European Parliament and Council Directive 94/62/EC on packaging and packaging waste 
(OJ L 50, 20.2.1997, p. 28 –31). EN 31  EN the free movement of packaging i n the internal market and to improve its 
sustainability.  
(52) The manufacturer, having detailed knowledge of the design and production process, 
is best placed to carry out the conformity assessment proc edure  provided for under 
this Regulation . Such c onformity assessment should therefore remain solely the 
obligation of the manufacturer.  
(53) It sho uld be ensured that  supplier s of packaging or packaging materials provide the 
manufacturer with all the info rmation and documentation necessary for the 
manufacturer to demonstrate the conformity of the packaging and the packaging 
material s. That information and documentation should  be provided in either paper or 
electronic form . 
(54) In order to safeguard the functioning of the internal market, it is necessary to ensure 
that packaging from third countries entering the Union market comply with this 
Regulation, whether imported as self -standing packaging or in a packaged product. 
In part icular, it is necessary to ensure that appropriate conformity assessment 
procedures have been carried out by manufacturers with regard to that packaging. 
Importers  should therefore ensure that the packaging they place on the market 
comply with those requir ements and that documentation drawn up by manufacturers 
are available for inspection by the competent national authorities.  
(55) When placing packaging on the market, every importer should indicate on the 
packaging their name, registered trade name or regi stered trade mark as well as their 
postal address and, where available, electronic means of communication through 
which it can be contacted. Exceptions should be provided for in cases where the 
packaging does not allow for such indications.  
(56) As the di stributor makes packaging available on the market after it has been placed 
there by the manufacturer or importer, they should act with due care in relation to the 
applicable requirements  of this Regulation . The distributor should also ensure that 
their han dling of the packaging does not adversely affect its compliance with th ose 
requirements.  
(57) As distributors and importers are close to the marketplace and have an important role 
in ensuring packaging compliance, they should be involved in market surveill ance 
tasks carried out by the competent national authorities, and should be prepared  to 
participate actively, providing those authorities with all necessary information 
relating to the product concerned.  
(58) Any importer or distributor that either places on the market packaging under their 
own name or trademark, or modifies such a product in such a way that compliance 
with this Regulation might be affected, should be considered to be the manufacturer 
and should assume the manufacturer’s obligations.  
(59) Ensuring packaging’s traceability throughout the whole supply chain facilitates the 
market surveillance authorities' task of tracing economic operators who placed on the 
market or made available on the market non -compliant packaging . The economic 
operators should therefore be required to keep the information on their transactions 
for a certain period of time.   
(60) The problem of excessive packaging waste generation cannot be fully addressed by 
setting obligations on packaging design . For certain packaging types, obligations to 
reduce the empty space  should be set on economic operators  in terms of reducing the 
empty space when using such packaging . In case of grouped, transport and e -EN 32  EN commerce packaging used for supply of products to f inal distributors or end user, the 
empty space ration should not exceed 40  %. In line with the waste hierarchy, it 
should be possible for e conomic operators using sales packaging as e -commerce 
packaging to be exempted from this obligation.  
(61) In order to  ensure a high level of environmental protection in the internal market as 
well as a high level of food safety and hygiene , and facilitate the achievement of the 
packaging waste prevention targets , unnecessary or avoidable packaging should not 
be allowed t o be place d on the market . The list of such packaging formats is 
provided in Annex V of this Regulation. In order to adapt the list to the technical and 
scientific progress the power to adopt acts in accordance with Article 290 of the 
Treaty should be delegated to the Commission to amend the list . 
(62) In order to further the aim of circularity and sustainable use of packaging, it is 
necessary  to limit the risk that pa ckaging marketed as reusable is  not re -used in 
practice and to ensure that consumers return reusable packaging . The most 
appropriate manner to achieve this is to oblige  economic operators , who use reusable 
packaging,  to ensure that a system for re -use is put in place , thus allowing such 
packaging to circulate, rotate and be repeatedly used . To ensure maximum benefits  
of such systems , minimum requirements  should be laid down for  open loop and 
closed loop systems. Confirmation of compliance of reusable packaging with an 
existing system for re -use should also be a part of the technical documentation of 
such packaging.  
(63) Reusable packaging has to be safe for its users. Therefore, economic operators 
offering their products in reusable packaging have to ensure that , before a reusable 
packaging is used again , it is subject to a reconditio ning process , for which 
requirements should be laid down.  
(64) Reusable packaging becomes waste, in the sense of the Article 3(1) of Directive 
2008/98/EC, when its holder discards it, intends to discard it or is obligated to 
discard it. Reusable packaging  in a re conditioning process  is normally not considered 
to be waste.  
(65) To incentivise waste prevention, a new concept of ‘ refill ’ should be  introduced. 
Refill should be considered as a specific waste prevention measure that counts 
towards and is necessary for meeting of the re -use and refill targets. However, 
containers owned by the consumer, performing a packaging function in the context 
of refill , such as reusable cups, mugs, bottles or boxes  are not packaging in the sense 
of this Regulat ion. 
(66) Where economic operators offer the possibility to purchase products  through refill, 
they should ensure  that their refill stations meet certain requirements  in order to 
ensure  the health and safety of consumers . In this context , where  the consumer s use 
their own containers, the economic operators should therefore inform  about the 
conditions for safe refill and use of those containers . In order to encourage refill, 
economic operators should not provide packaging free of charge or not being a part 
of deposit and return system at the refill stations.  
(67) In order to reduce the increasing  proportion of packaging that is single use  and the 
growing amounts of packaging waste generated , it is necessary  to establish 
quantitative  re-use and refill  targets  on packaging  in sectors, which have been 
assessed as having  the greatest potential  for packaging waste reduction , namely food 
and beverages for take -away, large -white goods and transport packaging . This was EN 33  EN appraised based on factors such as existing syste ms for re -use, necessity of using 
packaging and the possibility of fulfil ling the functional requirements in terms of 
containment, tidiness, health, hygiene and safety.  Differences of the products and 
their production and distribution systems, were also ta ken into account.  The setting 
of the targets is expected to  support the innovation and increase the proportion of re -
use and refill solutions . The use of single use packaging for food and beverages filled 
and consumed within the premises in the HORECA sect or should not be allowed.   
(68) To increase their effectiveness  and ensure the  equal treatment of economic operators , 
the re -use and refill targets should be placed on the economic operators. In cases of 
targets for beverages, they should be additionally placed also on the manufacturers, 
as these actors are able to control the packaging formats used for the products they 
offer. The targets  should be calculated as a percentage of sales in reusab le packaging 
within a system for re -use or through refill or, in case of transport packaging , as a 
percentage of uses. The targets should be  material neutral. In order to ensure uniform 
conditions for the implementation  of targets for re -use and refill , the power to  adopt 
an implementing act in accordance with Article 291 of the Treaty  on the  
methodology for their  calculation , should be delegated to the Commission . 
(69) Certain uses of single use transport packaging formats  are not necessary , as there is a 
wide range of well-functioning  reusable alternatives . In order to ensure that such 
alternatives are effectively used, it is appropriate to require  economic operators , 
when  transporting products  between different sites  of the same economic o perator or 
between the economic operator and the linked or partner enterprises , to use only 
reusable transport packaging with respect to packaging formats such as pallets, 
foldable plastic boxes, plastic crates, intermediate bulk containers , both rigid and  
flexible,  or drums. The same obligation should , for the same reasons,  apply to 
economic operators transporting products  within one Member State.  
(70) Achieving re -use and refill targets can be challenging for smaller economic 
operators. Therefore , certain  economic operators should be exempted from  the 
obligation to  meet the packaging re -use targets if they place less than a certain 
volume of packaging on the market, or fulfil  the definition of micro -company  under 
Commission Recommendation 2003/36133, or have the sales area , including all 
storage and dispatch areas, under a certain surface limit . The power to adopt acts in 
accordance with Article 290 of the Treaty should be delegated to the Commission to  
establish  re-use and refill targets  for other pr oducts , to lay down further exemptions 
for other economic operators or to exempt specific packaging formats  covered by the 
reuse or refill targets  in case of severe hygiene, food safety or environmental issues 
preventing the achievement of these targets .  
(71) To enable the verification of compliance with the re -use and refill targets, it is 
necessary that the respective economic operators report to the competent authorities. 
Economic operators should report the relevant data for each calendar year, startin g 
from 1 January 2030. Member States should make this data publicly available.  
                                                 
 
33 Commission Recommendation of 6 May 2003 concerning the definition of micro, small and medium -
sized enterprises (notified under document number C(2003) 1422) (OJ L 124, 20.5.2003, p. 36).  EN 34  EN (72) In view of the continued high consumption levels of plastic carrier bags, inefficient 
use of resources and their littering potential, it is appropriate to maintain provisi ons 
aimed at reaching a sustained consumption reduction of  plastic carrier bags , as had 
already been established by  Directive 94/62/EC  as amended by the Directive (EU) 
2015/720  of the European Parliament and of the Council34. In view of the current 
divergent approaches and limited reporting requirements on the plastic carrier bags, 
it is difficult to assess whether the consumption reduction measures taken by the 
Member States have achieved the objective of  a ‘sustained’ reducti on in the 
consumption of such bags and also , if they have not increased the consumption of 
other types  of plastic carrier bags. It is therefore necessary to harmonise a definition 
of sustained reduction consumption and set a common target as well as introd uce 
new reporting requirements.  
(73) In view of the results of the evaluation study  on plastic carrier bags35, further 
measures need to be taken to reduce the consumption of lightweight plastic carrier 
bags and assess possible substitution effects with ver y lightweight plastic carrier bags 
and thicker plastic carrier bags above 50 microns.  
(74) The measures by Member States to achieve a sustained reduction in the consumption 
of lightweight plastic carrier bags on their territory may include the use of natio nal 
reduction targets, maintaining or introducing economic instruments as well as 
marketing restrictions, provided that these restrictions are proportionate and non -
discriminatory. Such measures may vary depending on the environmental impact of 
lightweight  plastic carrier bags when they are recovered or disposed of their 
composting properties, durability or specific intended use.   
(75) In order to ensure the effective and harmonised application of sustainability 
requirements set under this Regulation, compliance with those requirements should 
be measured using reliable, accurate and reproducible methods that take into account 
the generally recognised state -of-the-art methods.  
(76) In order to ensure that there are no barriers to trade on the internal ma rket, 
requirements on packaging sustainability , including on substances of concern in 
packaging, compostable packaging, packaging minimisation, reusable packaging  and 
systems  for re -use should be harmonised at Union level. In order to facilitate 
conformity  assessment with such requirements, including methods for tests, 
measurement or calculation, it is necessary to provide for presumption of conformity 
for packaging and pack aged products which are in conformity with harmonised 
standards that are adopted in accordance with Regulation (EU) No 1025/2012 for the 
purpose of expressing detailed technical specifications of those requirements, 
especially that the life -cycle of packaging and packaged products, reflect the average 
                                                 
 
34 Directive (EU) 2015/720 of the European Parliament and of the Council of 29 April 2015 amending 
Directive 94/62/EC as regards reducing the consumption of lightweight plastic carrier bags ( OJ L 115, 
6.5.2015, p. 11).  
35 Scoping study to assess the feasibility of further EU measures on was te prevention and implementation 
of the Plastic Bags Directive. Part II, Implementation of the Plastic Bags Directive, Eunomia (2021), 
published by the Publication Office of the European Union, 2022.  EN 35  EN range of consumer behaviour and be ro bust in order to deter intentional and 
unintentional circumvention . 
(77) In the absence of harmonised standards, recourse to common technical specifications 
should be used as a fall back solution to facilitate the manufacturer’s obligation to 
comply with s ustainability requirements, for instance where there are undue delays in 
establishing a harmonised standard. In addition, recourse to this solution should be 
possible where the Commission has restricted or withdrawn the references to relevant 
harmonised st andards in line with Article 11(5) of Regulation (EU) No 1025/2012. 
Compliance with common technical specifications adopted by the Commission 
through implementing acts should also give rise to the presumption of conformity.  
(78) In order to ensure uniform  conditions for the implementation of the recourse to 
common technical specifications, the power to adopt implementing acts in 
accordance with Article 291 of the Treaty should be delegated to the Commission to 
lay down, amend or repeal common technical spe cifications for the requirements  on 
sustainability, labelling and systems for re -use, and to adopt  test, measurement or 
calculation methods . 
(79) To ensure coherence with other Union law, the conformity assessment procedure 
should be the internal production control module included in this Regulation based 
on the modules included in Decision No 768/2008/EC of the European Parliament 
and of the Counci l36. 
(80) CE marking on packaging should not indicate compliance of the packaging with the 
requirements of this Regulation  but only indicate compliance of the packaged 
product with the applicable Union product legislation , if relevant. Indeed, Union 
product  legislation typically  requires affixing the CE marking concerning the product 
either on the product itself or on its packaging.  Requiring CE marking on the 
packaging to show compliance with the requirements of this Regulation  can lead to 
confusion and mis understanding in relation to the question whether the marking 
refers to the packaging itself or to the packaged product and ultimately to 
uncertainties about the effective safety and compliance of the concerned packaged 
products.   
(81) Compliance of packaging itself with the requirements of this Regulation should 
instead be shown with the EU declaration of conformity.  
(82) Manufacturers should draw up an EU declaration of conformity to provide 
information on the conformity of packaging with this Regul ation. Manufacturers may 
also be required by other Union legislation to draw up an EU declaration of 
conformity. To ensure effective access to information for market surveillance 
purposes, a single EU declaration of conformity should be drawn up in respect  of all 
Union acts. To reduce the administrative burden on economic operators, it should be 
                                                 
 
36 Decision No 768/2008/EC of the European Parliament an d of the Council of 9 July 2008 on a common 
framework for the marketing of products, and repealing Council Decision 93/465/EEC (OJ L 218, 
13.8.2008, p. 82) . EN 36  EN possible for that single EU declaration of conformity to be a dossier made up of 
relevant individual declarations of conformity.  
(83) Regulation (EC) No 765/2008 of  the European Parliament and of the Council37 
provides a framework for the market surveillance of products and for controls on 
products from third countries. That Regulation should be applicable to packaging 
covered by this Regulation in order to ensure tha t packaging benefiting from the free 
movement of goods within the Union fulfil requirements providing a high level of 
protection of public interests such as human health, safety and the environment.  
(84) Waste management in the Union should be improved, wi th a view to protecting, 
preserving and improving the quality of the environment, protecting human health, 
ensuring prudent efficient and rational utilisation of natural resources, promoting the 
principles of the circular economy, enhancing the use of rene wable energy, 
increasing energy efficiency, reducing the dependence of the Union on imported 
resources, providing new economic opportunities and contributing to long -term 
competitiveness. The more efficient use of resources would also bring substantial net  
savings for Union businesses, public authorities and consumers, while reducing total 
annual greenhouse gas emissions.  
(85) Despite packaging minimisation requirements and objectives as laid down in 
Directive 94/62/EC, packaging waste generation has been i ncreasing in absolute 
terms and on a per capita basis and trends indicate a further steep decline in re -use 
and refill of packaging amplified by increased on -the-go consumption and e -
commerce. As products, materials and consumption patterns have evolved, t here has 
been a significant rise in the use of single use packaging, especially single use 
plastic. Th is is linked to the  retail landscape, with larger distribution networks, 
manufacturing  and pack ing products  on high -speed packaging lines, which exert a 
combined  downward pressure on the market for re -use and refill.  
(86) In order to monitor and verify compliance of producers and producer responsibility 
organisations with obligations under Extended Producer Responsibility relating to 
the collection and treatment of waste from their products it is necessary that Member 
States designate one or more competent authorities.  
(87) In order to ensure better, timelier  and more uniform i mplementation of th e 
obligations by Member States  and anticipate any implementation weaknesses, a 
system of early warning reports should be maintained  to detect shortcomings and 
allow taking action ahead of the deadlines for meeting the targets.  Extension of this 
system, which has under Directive 94/62 /EC covered  the attainment of recycling 
targets, should include also packaging waste reduction target s to be attained by 
Member State by 2030 and 2035 .  
(88) As management of packaging and packaging waste is an important element of waste 
management in general, Member States should dedicate a separate chapter to this 
                                                 
 
37 Regulation (EC) No 765/2008 of the European Parliament and of the Council of 9 July 2008 setting out 
the requirements for accreditation and market surveillance relating to the marketing of products and 
repealing Regulation (EEC) No 339/93 (OJ L 218, 13.8.2008, p. 30) . EN 37  EN issue in waste management plans prepared in the execution of obligation laid down 
in Directive 2 008/98/EC. Measures on waste prevention and re -use should be given 
particular attention .  
(89) This Regulation builds on the waste management rules and general principles laid 
down in Directive 2008/98/EC.  
(90) Waste prevention is the most efficient way t o improve resource efficiency and to 
reduce the environmental impact of waste. It is important therefore that economic 
operators take appropriate measures to reduce the waste generation by eliminating 
excessive packaging and restrict the uses of certain packaging  formats , extending the 
life span of packaging, re -designing products so that no packaging or less packaging 
can be used, including bulk sales, and by shifting  from single use packaging to 
reusable packaging.  
(91) To achieve an ambitious and sustained reduction in the overall packaging waste 
generation , targets should be laid down for the reduction of packaging waste per 
capita to be achieved by  2030. Meeting a target of 5  % reduction in 2030 compared 
to 2018 should  entail an overall absolute reduction of approximately  19 % on 
average across the U nion in 2030  compared to the 2030 baseline.  Member States 
should reduce packaging waste generation by  10 %, compared to 2018, by  2035 ; this  
is estimated to reduce packaging waste by 29  % compared to the 2030 baseline . In 
order to ensure that the reduction efforts continue beyond 2030, a reduction target of 
10 % from 2018, which would mean a reduction of 29  % compared to baseline, 
should be set for 2035 and , for 2040 , a reduct ion target of 15  % from 2018, which 
means a reduction of 37  % compared to baseline should be established.  
(92) Member States may achieve th ese target s by economic instruments and other 
measures to provide  incentives for the application  of the waste hierarchy, including  
measures to be implemented through extended producer responsibility schemes , and 
by promoting the setting up and effective operation of systems for re -use and 
encouraging economic operators to offer the end users further possibilities to refill . 
Such measures should be adopted in parallel and in addition to  other measures under 
this Regulation aiming at packaging and packaging waste reduction , such as 
requirements on packaging minimisation, re -use and refill targets, volum e thresholds 
and measures to achieve the sustained reduction of consumption of lightweight 
plastic carrier bags . A Member State may, while observing the general rules laid 
down in the Treaty and complying with the provisions set out in this Regulation, 
adopt provisions which go beyond the minimum targets set out in this Regulation.  
(93) To implement the polluter pays principle, it is appropriate to lay the obligations for 
the management of packaging waste on producers , which include s any manufacturer, 
importer or distributor, who, irrespective of the selling technique used, including by 
means of distance contracts as defined in Article 2(7) of Directive  2011/83/EU of the 
European Parliament and of the Council38, makes available packagi ng for the first 
                                                 
 
38 Directive 2011/83/EU of the European Parliament and of the Council of 25  October 2 011 on consumer 
rights, amending Council Directive 93/13/EEC and Directive 1999/44/EC of the European Parliament 
 
 EN 38  EN time within a territory of a Member States on a professional basis under its own 
name or trademark.  
(94) In order to monitor that producers meet their obligations relating to their financial, 
and organisational obligations  to ensur ing the management of the waste from the 
packaging they make available for the first time  on the market of a Member State, it 
is necessary t hat a register is established  and managed by the competent authority in 
each Member State  and that p roducers should be oblig ed to register .  
(95) The r egistration requirements should be harmonised  across the Union  to the greatest 
extent possible so to facilitate registration in particular where producers make 
packaging available in different Member States . In order to ensure uniform 
conditions for the implementation of the registration requirements, the power to 
adopt implementing acts in accordance with Article 291 of the Treaty should be 
delegated to the  Commission to  lay down a common format for registration in and 
reportin g to the register , detailing the data to be reported.   
(96) In line with the polluter -pays principle expressed in Article 191(2) of the Treaty , it is 
essential that the producers placing on the Union market packaging and packaged 
products take responsibili ty for their management at their end -of life.  It should be 
recalled that extended producer responsibility schemes need  to be  established , as 
provided for in Directive 94/62/EC, by 31 December of 2024 , as they are the most 
appropriate means to achieve this  and can have a positive environmental impact by 
reducing the generation of packaging waste and increasing its collection and 
recycling. There are wide disparities in the way they are set up, in their efficiency 
and in the scope of responsibility of produce rs. The rules on extended producer 
responsibility laid down in Directive 2008/98/EC should therefore  in general  apply to 
extended producer responsibility schemes for producers of packaging , and  be 
complemented by further specific provisions where this is n ecessary and appropriate .  
(97) Producers should be able to exercise those obligations collectively, by means of 
producer responsibility organisations taking up the responsibility on their behalf. 
Producers or producer responsibility organisations should b e subject to authorisation 
by the Member States and should document, inter alia, that they have the financial 
means to cover the costs entailed by the extended producer responsibility. Member 
States, when laying down administrative and procedural rules of authorisation of 
producers for individual and producer responsibility organisations for collective 
compliance, could differentiate processes for individual producers and producer 
responsibility organisation to limit the administrative burden on individual 
producers. It should be recalled that Member States may  authorise multiple producer 
responsibility organisations, as competition among them may lead to greater 
consumer benefits. Moreover, when establishing measures ensuring that 
arrangements are to be con cluded with distributors, public authorities or third parties 
carrying out waste management, Member States should allow for preliminary , or 
                                                                                                                                                         
 
and of the Council and repealing Council Directive 85/577/EEC and Directive 97/7/EC of the European 
Parliament and of the Council (OJ L 304, 22 .11.2011, p. 64).  EN 39  EN similar,  agreements , and require that binding agreements are concluded only within a 
reasonable timeframe after the authorisation.  
(98) Regulation (EU) 2022/2065 of the European Parliament and of the Council39 lays 
down rules on the traceability of traders, which more specifically contain obligations 
for providers of online platforms allowing consumers to conclude distan ce contracts 
with producers offering packaging  to consumers located in the Union. In order to 
prevent free -riding from the extended producer responsibility obligations, it should 
be specified how such providers of online platforms should fulfil those oblig ations 
with regard to the registers of packaging producers established pursuant to this 
Regulation. In that context, providers of online platforms , falling within the scope of 
Section 4 of Chapter 3 of Regulation (EU) 2022/2065 , allowing consumers to 
concl ude distance contracts with producers should obtain from those producers 
information about their compliance with the extended producer responsibility rules 
set out in this Regulation. The rules on traceability of traders selling packagin g 
online are subjec t to the enforcement rules set out in Regulation (EU) 2022/2065.  
(99) Member State s should provide for the measures for the extended producer 
responsibility under this Regulation, in accordance with the provisions of Directive 
2008/98/EC and of this Regula tion.  
(100)  Member States should set up return and collection systems for packaging waste, so 
that they are channelled to the most appropriate waste management alternative, 
according to the waste hierarchy. The systems should be open for participation for all 
interested parties, in particular for economic operators and public authorities and be 
established taking into account the environment and consumer health, safety and 
hygiene. Return and  collection systems should also be applicable for packaging of 
imported products under non -discriminatory provisions.  
(101)  Member States should also take measures promoting recycling which meets the 
quality standards for the use of the recycled materials  in relevant sectors. This 
obligation is particularly relevant in view of  minimum percentage set for  recycled 
content in plastic packaging.   
(102)  It has been shown that well -functioning deposit and return systems ensure a very 
high collection rate, especi ally of beverage bottles and cans. In order to support the 
achievement of the separate collection target for single use plastic beverage bottles 
laid down in Directive (EU) 2019/904 and to further drive high collection rates of 
metal beverag es containers, it is appropriate that Member States establish deposit and 
return systems. Th ose systems will contribute to the increase of the supply of good 
quality secondary raw material  suitable for closed loop recycling and reduce 
beverage containers litter.  
(103)  Deposit and return systems should be  obligatory for single use plastic beverage 
bottles and metal beverage containers. Member States might  also decide to include 
                                                 
 
39 Regulation (EU) 2022/2065 of the European Parliament and of the Council of 19 October 2022 on a 
Single Market For Digital Services and amending Directive 2000/31/EC (Digital Services Act) (OJ L 
277, 27.10.2022, p. 1).  EN 40  EN other packaging in these systems, in particular single use glass bottles , and should 
ensure tha t deposit and return systems for single -use packaging formats, in particular 
for single use glass beverage bottles, are equally available for reusable packaging, 
where technically and economically feasible . They should consider establishing 
deposit and ret urn systems also for reusable packaging.  In such situations, a Member 
State should be allowed, while observing the general rules laid down in the Treaty 
and complying with the provisions set out in this Regulation, adopt provisions which 
go beyond the mini mum requirements set out in this Regulation.  
(104)  Given the nature of the products  and the differences in their production and 
distribution systems , deposit and return systems should however not be obligatory 
for packaging for wine , aromatised wine products , spirit drinks and milk and milk 
products listed in Part XVI  of Annex I  of the Regulation (EU) No 1308/2013  of the 
European Parliament and of t he Council40. Member States may establish deposit and 
return systems covering also other packaging.  
(105)  All deposit and return systems should  comply with the minimum general 
requirements laid down in this Regulation . Those requirements  will help deliver 
greater consistency and higher return rates across Member States. They have been  set 
based on stakeholder  views, expert analysis and best practice s from the existing 
deposit and return systems. The requirements are designed to allow for innovation 
while offering a level of flexibility to adapt to local circumstances.   
(106)  Member States and all t he relevant stakeholders involved in the setting up of the 
deposit and return systems should strive for the maximum inter -operability of these 
systems and cooperate to ease the return of packaging by consumers, in particular in 
border areas where it is demonstrated th at the lack of interoperability is causing 
lower return rates.  
(107)  Member States which achieve 90  % collection rate of the targeted packaging types 
without a deposit and return system two consecutive calendar years preceding the 
entry into force of this obligation, may request not  to establish a deposit and return 
system.  
(108)  As a specific packaging waste generation prevention measure , Member States should 
actively encourage  the re-use and refill solutions. They should support the 
establishment of syst ems for re -use and refill and monitor their functioning and 
compliance with the hygie ne standards . Member States are encouraged  to take also 
other measures, such as setting up deposit and return systems covering reusable 
packaging formats , using economic incentives  or establishing requirements for final 
distributors to make available a certain percentage of other products than those 
covered by re -use and refill targets in reusable packaging or through refill provided 
                                                 
 
40 Regulation (EU) No 1308/2013 of the European Parliament and of t he Council of 17 December 2013 
establishing a common organisation of the markets in agricultural products and repealing Council 
Regulations (EEC) No 922/72, (EEC) No 234/79, (EC) No 1037/2001 and (EC) No 1234 /2007 ( OJ L 
347, 20.12.2013, p. 671 ). EN 41  EN that such requirements will not result in fragmentation of single market and creation 
of trade barriers.  
(109)  Directive 94/62/EC was amended by Directive (EU) 2018/852 of the European 
Parliament and of the Council41 setting  out recycling targets for Member States to be 
achieved by 2025 and 2030 . These targets  and the rules for their calculation  should 
be retained . Furthermore , measures facilitating the attainment of  these targets  should 
be set up , such as sustainability requirements for packaging , in particular provisions 
regarding packaging’s recyclability . For this reason, it should not be  possib le to 
postpone the deadlines for attaining the 2030 recycling targets.  
(110)  Directive 94/62/EC requires the Commission to review t he 2030 recycling targets for 
packaging with the  view to maintaining or, if appropriate, increasing them. However, 
it is not  yet appropriate to amend  the targets set for 2030  as evidence show s that 
some Member States still have difficulties  with meeting the existing targets. For this 
reason, measures  encouraging manufacturers to place on the market more recyclable 
packaging, and thereby helping  Member States to achieve the recycling targets , 
should be set up . In the future, more recyclable packaging, coupled with greater 
granularity of data on the packag ing flows, should be reported to the Commission . 
That will enable the Commission to review  the targets  with the possibility of 
maintaining or increasing  them . In order to take account of the effect of the measures 
aimed at improving the packaging recyclability, th e review should not take place 
earlier than  the envisaged general evaluation of the Regulation, i.e. 8 years after its 
entry into force . During that review, attention should also be paid to the possibility of 
introducing new targets on a m ore granular basis than the current targets.  
(111)  The calculation of the recycling targets should be based on the weight of packaging 
waste , which enters recycling. Member States should ensure the reliability and 
accuracy of the data gathered on recycled  packaging waste.  As a general rule, the 
actual measurement of the weight of packaging waste counted as recycled should be 
at the point where packaging waste enters the recycling operation. Nevertheless, in 
order to limit the administrative burden, Member States should, under strict 
conditions and by way of derogation from the general rule, be allowed to establish 
the weight of packaging waste recycled on the basis of measuring the output of any 
sorting operation , to be corrected with average loss rates occ urring before the waste 
enters the recycling operations . Losses of materials which occur before the waste 
enters the recycling operation, for instance due to sorting or other preliminary 
operations, should not be included in the waste amounts reported as r ecycled. Those 
losses can be established on the basis of electronic registries, technical specifications, 
detailed rules on the calculation of average loss rates for various waste streams or 
other equivalent measures. Member States should report on such me asures in the 
quality check reports accompanying the data which they report to the Commission on 
waste recycling. The average loss rates should preferably be established at the level 
of individual sorting facilities and should be linked to the different ma in types of 
                                                 
 
41 Directive (EU) 2018/852 of the European Parliament and of the Council of 30 May 2018 amending 
Directive 94/62/EC on packaging and packaging waste ( OJ L 150, 14.6.2018, p. 141 ). EN 42  EN waste, different sources (such as household or commercial), different collection 
schemes and different types of sorting processes. Average loss rates should only be 
used in cases where no other reliable data are available, in particular in the context of 
shipment and export of waste. Losses in weight of materials or substances due to 
physical or chemical transformation processes inherent in the recycling operation 
where packaging waste is actually reprocessed into products, materials or substanc es 
should not be deducted from the weight of the waste reported as recycled.  
(112)  Where the calculation of the recycling rate is applied to aerobic or anaerobic 
treatment of biodegradable packaging waste, the amount of waste that enters aerobic 
or anaerob ic treatment can be counted as recycled provided that such treatment 
generates output which is to be used as a recycled product, material or substance. 
While the output of such treatment is most commonly compost or digestate, other 
output could also be tak en into account provided that it contains comparable 
quantities of recycled content in relation to the amount of the treated biodegradable 
packaging waste. In other cases, in line with the definition of recycling, the 
reprocessing of biodegradable packagin g waste into materials which are to be used as 
fuels or other means to generate energy, which are disposed of, or which are to be 
used in any operation that has the same purpose as recovery of waste other than 
recycling, should not be counted towards the a ttainment of the recycling targets.  
(113)  Where packaging waste materials cease to be waste as a result of a preparatory 
operation before being actually reprocessed, they should  be counted as recycled 
provided that they are destined for subsequent reprocessing into products, materials 
or substances, whether for their original or other purposes. End -of-waste materials 
which are to be used as fuels or other means to generate energy , which are backfilled 
or disposed of, or which are to be used in any operation that has the same purpose as 
recovery of waste other than recycling, should not be counted towards the attainment 
of the recycling targets.  
(114)  Member States should be enable d to take into account the recycling of metals 
separated after incineration of waste in proportion to the share of the packaging 
waste incinerated provided that the recycled metals meet certain quality criteria laid 
down in Commission Implementing Decision  (EU) 2019/100442 laying down rules 
for the calculation, verification and reporting of data on waste in accordance with 
Directive 2008/98/EC.  
(115)  In the case of exports of packaging waste from the Union for recycling, Regulation 
(EC) No 1013/2006 of the E uropean Parliament and of the Council43 applies.  
(116)  As re -use means that no  new packaging is placed on the market, reusable sales 
packaging that is placed on the market for the first time and wooden packaging that 
                                                 
 
42 Commission Implementing Decision (EU)  2019/1004 of 7 June 2019 laying down rules for the 
calculation, verification and reporting of data on waste in accordance with Directive 2008/98/EC of the 
European Parliament and of the Council and repealing Commission Implementing Decision 
C(2012)2384 (O J L 163, 20.6.2019, p. 66).  
43 Regulation (EC) No 1013/2006 of the European Parliament and of the Council of 14 June 2006 on 
shipments of waste ( OJ L 190, 12.7.2006, p. 1).  EN 43  EN is repaired for re -use should be taken into account for the purposes of attaining the 
respective packaging recycling targets. Member States should be able to  use this 
possibility to calculate adjusted level of recycling targets by taking into account 
maximum 5 percentage points of the average s hare, in the preceding three years, of 
reusable sales packaging placed on the market for the first time and reused as part of 
a system for re -use.  
(117)  Producers and producer responsibility organi sations  should be actively involved in 
providing information to end users , in particular consumers, on prevention and 
management of packaging waste. This information should include availability of re -
use arrangements f or packaging, meaning of labels  displayed on packaging  and other  
instructions on the discarding of packaging waste. The producers should also inform  
that end users have an important role in ensuring an environmentally optimal 
management of packaging waste. The disclosure of information to all end use rs as 
well as reporting on packaging  should make use of modern information technologies. 
The information should be provided either by classical means, such as posters both 
indoors and outdoors and social media campaigns, or by more innovative means, 
such a s electronic access to websites provided by QR codes affixed to the packaging . 
(118)  For each calendar year, Member States should provide the Commission with 
information on attainment of recycling targets . To evaluate the effectiveness of the 
measures aimi ng to reduce the consumption of lightweight plastic carrier bags, data 
on consumption of very lightweight plastic carrier bags and thick plastic carrier bags 
should also be reported to allow for the assessment whether the consumption of these 
bags has incr eased in response to the reduction measures targeting lightweight plastic 
carrier bags. Providing of data on the annual consumption of very thick carrier bags 
should be  voluntary for the Member States. In order to allow assessing whether the 
mandatory deposit and return systems to be set up by the Member States are 
effective, or whether exemptions by Member States from the obligation to set up 
those systems are justified , it is important to obtain information on the collection rate 
of such packaging through Member States reporting.  
(119)  In order to establish the methodology for assessment of the at scale recyclability, 
Member States sh ould also report data on recycling r ates of packaging waste per 
packaging material and type, amounts of separately collected packaging waste for 
each packaging material, amounts of packaging waste placed on the market  per 
material and packaging type,  and installed capacities of sorting and r ecycling . 
Reporting should be done annually.  
(120)  Member States should report data to the Commission electronically and provide it 
with a quality check report. In addition, data on recycling targets should be 
accompanied by a report describing measures undertaken in order to establish an 
effective system of quality control and traceability of packaging waste.  
(121)  In order to ensure uniform conditions for the implementation of the reporting 
obligati ons, the power to adopt implementing acts in accordance with Article 291 of 
the Treaty should be delegated to the Commission to establish rules for calculation 
and verification of data on attainment of the recycling targets, separate collection 
rates of pa ckaging covered by the deposit and return system, and data necessary for 
establishing the methodology for recyclability at scale assessment. This 
implementing act should also include rules for determination of the amount of 
packaging waste generated as wel l as lay down the format for reporting of data. It 
should also establish the methodology for the calculation of the annual consumption EN 44  EN of lightweight plastic carrier bags per person and the format for reporting of this data, 
as this is necessary to support  the monitoring and the full implementation of the 
substantive requirements related to plastic carrier bags, in particular to ensure 
disaggregated and mandatory reporting on different categories of plastic carrier bags. 
This implementing act should replace  Commission Decisions (EU) 2018/89644 and 
2005/270/EC45. 
(122)  In order to contribute to enabling Member States and the Commission to monitor the 
implementation of the objectives set out in this Regulation,  the Member States 
should establish packaging databases and ensure that they are  well-functioning.  
(123)  Effective enforcement of sustainability requirements is essential to ensure fair 
competition to ensure that this Regulation’s expected benefits and contribution to 
achieving the Union’s climate, energy and circularity objectives are achieved. 
Therefore, Regulation (EU) 2019/1020 of the European Parliament and of the 
Council46 setting out a horizontal framework for market surveillance and control of 
products entering the Union market should  apply to packaging for which 
sustainability requirements are set pursuant to this Regulation.  
(124)  Packaging should be placed on the market only if it does not present a  known  risk to 
the environment and human health . In order to better align with the specific nature of 
sustainability requirements and to ensure that the focus of market surveillance efforts 
is on non -compliance with such requirements, packaging presenting a risk should, for 
the purposes of this Regulat ion, be defined as packaging that, by not complying with 
a sustainability requirement or because a responsible economic operator does not 
comply with a sustainability requirement, may adversely affect the environment or 
other public interests protected by the relevant requirements.  
(125)  A procedure should exist under which interested parties are informed of measures 
intended to be taken with regard to packaging presenting a risk. It should also allow 
market surveillance authorities in the Member States, i n cooperation with the 
relevant economic operators, to act at an early stage with regard to such packaging. 
In order to ensure uniform conditions for the implementation of this Regulation, the 
power to adopt implementing acts in accordance with Article 291  of the Treaty 
should be delegated to the Commission to determine whether national measures in 
respect of non -compliant products are justified or not.  
                                                 
 
44 Commission  Implementing Decision (EU) 2018/896 of 19 June 2018 laying down the met hodology for 
the calculation of the annual consumption of lightweight plastic carrier bags and amending Decision 
2005/270/EC  (OJ L 160, 25.6.2018, p. 6).  
45 Commission Decision 2005/270/EC of 22 March 2005 establishing the formats relating to the database 
system pursuant to Directive 94/62/EC of the European Parliament and of the Council on packaging and 
packaging waste  (OJ L 86, 5.4.2005, p. 6).  
46 Regulation (EU) 2019/1020 of the European Parliament and of the Council of 20 June 2019 on market 
surveillance and compliance of products and amending Directive 2004/42/EC and Regulations (EC) No 
765/2008 and (EU) No 305/2011 (OJ L 169, 25.6.2019, p. 1).  EN 45  EN (126)  The market surveillance authorities should have the right to require economic 
operators to take co rrective action on the basis of findings that either packaging is 
not compliant with sustainability and labelling requirements , or that the economic 
operator has infringed other rules on the placing or making available on the market 
of packaging.  In order to ensure uniform conditions for the implementation of the 
requirement on economic operators to take corrective action, the power to adopt 
implementing acts in accordance with Article 291 of the Treaty should be delegated 
to the Commission to decide whethe r a national measure is justified or not.  
(127)  In case of human health concerns , the market surveillance shall not evaluate a risk to 
human or animal health originating from the packaging material, if transferred  to the 
packaged content of the packaging m aterial, but alert the authorities , competent for 
controlling the risks and appointed pursuant to  Regulation (EU) 2017/625 of the 
European Parliament  and of the Council47, Regulation (EU) 2017/745, Regulation 
(EU) 2017/746, Directive 2001/8 3/EC or Regulation (EU) 2019/6.  
(128)  Public procurement amounts to 14  % of the Union’s GDP. To contribute to the 
objective of reaching climate neutrality, improving energy and resource efficiency 
and transitioning to a circular economy that protects public health  and biodiversity, 
the power to adopt acts in accordance with Article 290 of the Treaty  should be 
delegated to the Commission , which may exercise it as necessary,  to require, where 
appropriate, contracting authorities and entities as defined in Directive 2 014/24/EU 
of the European Parliament and of the Council48 and Directive 2014/25/EU of the 
European Parliament and of the Council49, to align their procurement with specific 
green public procurement criteria or targets. Compared to a voluntary approach, 
manda tory criteria or targets should  ensure that the leverage of public spending to 
boost demand for better performing packaging is maximised. The criteria should be 
transparent, objective and non -discriminatory.  
(129)  The implementing powers that are conferred  on the Commission by this Regulation 
and that do not relate to the determination whether measures taken by Member States 
in respect of non -compliant packaging are justified or not should be exercised in 
accordance with Regulation (EU) No 182/2011.  
                                                 
 
47 Regulation (EU) 2017/625 of the European Parliament and of the Council of 15 March 2017 on official 
controls and other official activities performed to ensure the application of food and feed law, rules on 
animal health and welfare, plant health and plant protection products, amending Regulations (EC) No 
999/2001, (EC) No 396/2005, (EC) No 1069/2009, (EC) No 1107 /2009, (EU) No 1151/2012, (EU) No 
652/2014, (EU) 2016/429 and (EU) 2016/2031 of the European Parliament and of the Council, Council 
Regulations (EC) No 1/2005 and (EC) No 1099/2009 and Council Directives 98/58/EC, 1999/74/EC, 
2007/43/EC, 2008/119/EC and 20 08/120/EC, and repealing Regulations (EC) No 854/2004 and (EC) 
No 882/2004 of the European Parliament and of the Council, Council Directives 89/608/EEC, 
89/662/EEC, 90/425/EEC, 91/496/EEC, 96/23/EC, 96/93/EC and 97/78/EC and Council Decision 
92/438/EEC (Of ficial Controls Regulation) (OJ L 95, 7.4.2017, p. 1).  
48 Directive 2014/24/EU of the European Parliament and of the Council of 26 February 2014 on public 
procurement and repealing Directive 2004/18/EC ( OJ L 94, 28.3.2014, p. 65 ). 
49 Directive 2014/25/EU of the European Parliament and of the Council of 26 February 2014 on 
procurement by entities operating in the water, energy, transport and postal services sectors and 
repealing Directive 2004/17/EC ( OJ L 94, 28.3.2014, p. 243 ). EN 46  EN (130)  When it comes to packaging entering the Union  market, priority should be given to 
cooperation in the market between market surveillance authorities and economic 
operators. Therefore, whereas they may concern any packaging entering the Union  
market, interventions by authorities designated pursuant to Article 25(1) of 
Regulation (EU) 2019/1020 should focus primarily on packaging subject to 
prohibition measures taken by market surveillance authorities. In case they take such 
prohibition measure s, and they are not restricted to the national territory, market 
surveillance authorities should communicate to authorities designated for the controls 
on packaging entering the Union  market the details necessary for the identification of 
such non -complian t packaging at the borders, including information on the packaged 
products and the economic operators to enable a risk -based approach for products 
entering the Union market. In such cases, customs will aim at identifying and 
stopping this packaging at the borders.  
(131)  In order to optimise and unburden the control process at the external borders  of the 
Union , it is necessary to allow for an automated data transfer between the 
Information and Communication System on Market Surveillance (ICSMS) and 
customs s ystems. Two different data transfers should be distinguished in view of 
their respective purposes. Firstly, prohibitions measures decided by market 
surveillance authorities further to the identification of non -compliant packaging 
should be communicated fro m ICSMS to customs for use by authorities designated 
for controls at external borders to identify packaging that may correspond to such a 
prohibition measure. The Electronic System Customs Risk Management environment 
and Control System (CRMS) set out in Ar ticle 36 of Commission Regulation (EU) 
2447/201550, without prejudice to any future evolution of the customs risk 
management environment, should be used for those first data transfers. Secondly, 
where customs authorities identify non -compliant packaging, ca se management will 
be necessary to, among others, transfer the notification of the suspension, the 
conclusion of market surveillance authorities and the outcome of the actions taken by 
customs. The EU Single Window Environment for customs support s those se cond 
data transfers between ICSMS and national customs systems.  
(132)  In order to ensure uniform conditions for the implementation of the interconnection 
for communication between the market surveillance authorities and the customs 
authorities, the power t o adopt implementing acts the power to adopt implementing 
acts in accordance with Article 291 of the Treaty should be delegated to the 
Commission to specify the procedural rules and the details of the implementation 
arrangements, including the functionalit ies, data elements and data processing, as 
well as the rules on the processing of personal data, confidentiality and controllership 
for that interconnection.  
(133)  When adopting delegated acts pursuant to Article 290 of the Treaty,  the Commission  
should  carry out appropriate consultations during its preparatory work, including at 
                                                 
 
50 Commission Implementing Regul ation (EU) 2015/2447 of 24 November 2015 laying down detailed 
rules for implementing certain provisions of Regulation (EU) No 952/2013 of the European Parliament 
and of the Council laying down the Union Customs Code  (OJ L 343, 29.12.2015, p. 558 ). EN 47  EN expert level, and those consultations be conducted in accordance with the principles 
laid down in the Inter -institutional Agreement of 13 April 2016 on Better Law -
Making51. In particular, to ensure equal participation in the preparation of delegated 
acts, the European Parliament and the Council receive all documents at the same 
time as Member States’ experts, and their experts systematically have access to 
meetings of Commission  expert groups dealing with the preparation of delegated 
acts. When developing these delegated acts, the Commission should take into 
account scientific or other available technical information, including relevant 
international standards.  
(134)  In order to ensure that product requirements in Directive (EU) 2019/ 904 can  be 
monitored and enforced and that they are subject to subject to appropriate market 
surveillance , Regulation (EU) 2019/1020  should be amended to include Directive 
(EU) 2019/904 into its scope . The requirements the requirements related to the 
plastic recycled content for plastic beverage bottles as of 1 January 2030 should be 
deleted from Directive (EU) 2019/904, as this matter is exclusively regulated by this 
Regulation. The corresponding reporting obligations should also be deleted.  
(135)  To enhance public trust in packaging  placed on the market, in particular as regards 
compliance with sustainability  requirements, the economic  operators placing non -
compliant packaging on the market or  who do not comply with their obligations 
should  be subject to penalties. It is therefore necessary that Member States lay down 
effective, proportionate and dissuasive penalties in national law for failure to comply 
with this Regulation.  
(136)  The Commission should carry out an evaluation of this Regulation. Pursuant to 
paragraph 22 of the Inter -institutional Agreement on Better Law -Making, that 
evaluation should be based on the five criteria of efficiency, effectiveness, relevance, 
coherence and U nion value a dded and should provide the basis for impact 
assessments of possible further measures. The Commission should submit to the 
European Parliament, to the Council, the European Economic and Social Committee, 
and to the Committee of the Regions a report on the implementation of this 
Regulation and its impact on the environmental sustainability of p ackaging  and the 
functioning of the internal market.   
(137)  It is necessary to provide for sufficient time for economic operators to comply with 
their obligations under this Regulation, and for Member States to set up the 
administrative infrastructure necessary for its application. The application of this 
Regulation should therefore also be deferred to a date where those preparations can 
reasonably be finalised.  Particular attention should be paid to facilitate compliance 
by SMEs with their obligations and requirements under this Regulation , including 
through guidance to be provided by the Commission to facilitate compliance by 
economic operators, with a focus on SME s. 
(138)  In order to meet those commitments and establish an ambitious yet harmonised 
framework on packaging, it is necessary to adopt a Regulation establishing 
                                                 
 
51 OJ L 1 23, 12.5.2016, p. 1 –14. EN 48  EN requirements on packaging over its entire life -cycle. Directive 94/62/EC should 
therefore be re pealed.  
(139)  In order to allow Member States to take the necessary administrative measures 
regarding the organisation of the authorisation procedures by the competent 
authorities, while keeping continuity for economic operators, the application of this 
Directive should be deferred.  
(140)  Directive 94/62/EC should be repealed with effect from the date of application of this 
Regulation . However, in order to ensure a smooth transition and continuity until new 
rules are adopted by the Commission under this Reg ulation, and to provide for 
continuity in the application of the system of own resources of the Union with regard 
to the own resource bases on non -recycled plastic packaging waste, certain 
obligations under that Directive related to labelling, recycling ta rgets and the 
transmission of data to the Commission should remain in force for a certain period of 
time.  
(141)  Since the objectives of this Regulation, namely to improve the environmental 
sustainability of packaging and to ensure the free movement of packaging in the 
internal market, cannot be sufficiently achieved by the Member States but can rather, 
by reason of its scale and effects, only be achieved at Union level, the Union may 
adopt measures, in accordance with the principle of subsidiarity as  set out in Article 
5 of the Treaty on European Union. In accordance with the principle of 
proportionality, as set out in that Article, this Regulation does not go beyond what is 
necessary in order to achieve that objective , 
 
HAVE ADOPTED THIS REGULATION:  
 
Chapter I  
General provisions  
 
Article 1  
Subject matter  
1. This Regulation establishes requirements for the  entire life cycle of  packaging as 
regards environmental sustainability and labelling , to allow  its placing on the marke t, 
as well as for  the extended producer responsibility, collection, treatment and 
recycling of packaging waste.  
2. This Regulation contributes to the  efficient functioning of the internal market by 
harmonising national measures on packaging and packaging waste in order to avo id 
obstacles to trade , distortion and restriction of competition within the Union , while 
preventing or reducing the adverse impacts of packaging and packaging waste on the 
environment and human health , on the basis of a high level of environmental 
protecti on.  
3. This Regulation contributes to the transition to a circular economy , by laying down 
measures in line with the hierarchy of waste in accordance with Article 4 of 
Directive 2008/98/EC.  EN 49  EN  
Article 2  
Scope  
1. This Regulation applies  to all packaging , regardless of the material used,  and to all 
packaging waste, whether such waste is used in or originates  from industry, other 
manufacturing, retail or distribution, offices, services or households.   
2. This Regulation applies  without prejudice to Union regulatory requirements for 
packaging such as those regarding safety, quality, the protection of health and the 
hygiene of the packed products, or to transport requirements, as well as without 
prejudice to the provisions of the Directive 2008/98/EC as regards  the management 
of hazardous waste.  
Article 3  
Definitions  
For the purposes of this Regulation , the following definitions apply : 
(1) ‘packaging’ means items  of any materials that are intended to be used for the 
containment, protection, handling, delivery or  presentation of products  and that  can 
be differentiated into packaging formats based on  their function, material  and design , 
including:  
(a) items that are necessary to contain, support or preserve the product throughout its 
lifetime without being an integ ral part of the product which is intended to be used, 
consumed or disposed of together with the product;  
(b) components of, and ancillary elements to, an item referred to in point (a) that are 
integrated in to the item;  
(c) ancillary elements to an item referred to in point (a) that are hung directly on, or 
attached to, the product and that perform s a packaging function without being an 
integral part of the product which is intended to be used, consumed or disposed of 
together with the product;  
(d) items designed and intended to be filled at the point of sale, provided that they 
perform a packaging function;  
(e)  disposable items sold, filled or designed and intended to be filled at the point 
of sale, provided that they perform a packaging function;  
(f) tea or coffee bags necessary to contain a tea or coffee product and intended to be 
used and disposed of together with the product;  
(g) coffee  or tea  system single -serve unit necessary to contain a coffee  or tea  product and 
intended to be used and disposed of together with the product;  
(2) ‘sales packaging’ means packaging conceived so as to constitute a sales unit 
consisting of products and packaging to the final user or consumer at the point of 
sale; 
(3) ‘grouped packaging’ means packaging conceived so as to constitute a grouping of a 
certain number of sales units at the point of sale whether the latter is sold as such to 
the end user or it serves only as a means to replenish the shelves at the point of sale 
or create a stock -keeping or distribution unit , and which can be removed from the 
product without affecting its characteristics;  EN 50  EN (4) ‘transport packaging’ means packaging conceived so as to facilitate handling and 
transport of a number of sales units or grouped packages, including e -commerce 
packaging bu t excluding road, rail, ship and air containers, in order to prevent 
physica l handling and transport damage ; 
(5) ‘e-commerce packaging’ means transport packaging used to deliver products  in the 
context of sale online or through other means of distance s ales to the end user;  
(6) ‘making available on the market’ means any supply of a packaging for distribution, 
consumption or use on the Union market in the course of a commercial activity, 
whether in return for payment or free of charge;  
(7) ‘placing on th e market’ means the first making available of a packaging on the Union 
market;  
(8) ‘economic operator’ mean s manufacturers,  suppliers of packaging,  importers, 
distributors, final distributors , and fulfilment service providers ;  
(9) ‘manufacturer’ means any  natural or legal person  who manufactures packaging under 
its own name or trademark , or ha s packaging  designed or manufactured, and uses 
that packaging for the  containment, protection, handling, delivery or presentation of 
products  under its own name or trademark, without it having been placed on the 
market previously ; 
(10) ‘producer’ means any manufacturer , importer or distributor,  who, irrespective of the 
selling technique used, including by means of distance contracts as defined in Article 
2(7) of Directive  2011/83/EU,  makes available  packaging for the first time within a 
territory of a Member States on a professional basis under its own name or 
trademark ; 
(11) ‘supplier ’ means any natural or legal person who supplies packaging  or packaging 
material to a manufacturer who uses this packaging for the containment, protection, 
handling, delivery or presentation of products  under its own name or trademark ; 
(12) ‘importer’ means any natural or legal person established within the Union who 
places packaging , or a packaged product,  from a third country on the Union market;   
(13) ‘distributor’ means any natural or legal person in the supply chain, other than the 
manufacturer or importer, who makes a packaging , or a packaged product,  available 
on the market;  
(14) ‘authorised representative’ means any natural or legal person established in the 
Union who has received a written mandate from the manufacturer to act on its behalf 
in relation to specified tasks with regard to the manufactur er’s obligations under this 
Regulation;  
(15) ‘appointed  representative  for the e xtended producer responsibility ’ means a legal or 
natural person established in a Member State where the producer makes packaging 
available on the market for the first time, ot her than the Member State where the 
producer is established, and who is appointed by the producer in accordance with 
third subparagraph of Article 8a(5) of Directive 2008/98/EC for fulfilling the 
obligations of that producer under Chapter VII of this Regulation;  
(16) ‘final distributor’ means the distributor who delivers packaged products or products  
that can be purchased through refill to the end user ; 
(17) ‘consumer’ means natural person s who are acting for purposes which are outside 
their trade, business or profession;  EN 51  EN (18) ‘end user’ means  any natural or legal person residing or established in the Union, to  
whom a product has been made available either as a consumer or as a professional 
end user in the course of its industrial or professi onal activities  and who no  longer 
make s this product further available on the market in  the form supplied to it; 
(19) ‘composite packaging’ means a unit of packaging made of two or more different 
materials, excluding materials used for labels , closures  and sealing, which cannot be 
separated manually and therefore form a single integral unit ; 
(20) ‘packaging waste’ means  any packaging or packaging material falling within the 
definition of waste laid down in Article 3 of Directive 2008/98/EC,  with the 
exception of  production residues;  
(21) ‘packaging waste prevention’ means  measures that are taken before any packaging or 
packaging material has become packaging waste  and that reduce the quantity of 
packaging waste, so that less or no packaging is required to contain, protect, handle, 
deliver or present products   
(22) ‘re-use’ means  any operation by which reusable packaging is used again for the same 
purpose for which it w as conceived;  
(23) ‘single -use packaging’ means  packaging which is not reusable packaging;   
(24) ‘rotation’ means  the cycle that  reusable packaging  accomplishes  from the moment it 
is placed on the market together with the products  it is intended to contain, protect, 
handle, deliver or present, to the moment it is ready  for being  reuse d in a system for 
re-use with a view to it being  suppl ied again  to the end users together with the 
products ; 
(25) ‘trip’ means  transfer of packaging, from filling  or loading to emptying  or unloading , 
as part of a rotation or on its own ; 
(26) ‘systems for re -use’ means organi sational, technical /or financial arrangements, 
which enable the re -use either in a closed loop or open loop system . Deposit and 
return system s, when they ensur e that packaging is collected for re-use, are 
considered as part of a ‘system for re -use’; 
(27) ‘reconditioning’ means  an operation necessary to restore a reusable packaging to a 
functional state for the purpose of its re -use; 
(28) ‘refill’ means  an operation by which an end user  fills its own container , which  fulfil s 
the packaging function , with a product or several products offered by the final 
distributor  in the co ntext  of a commercial transaction ; 
(29) ‘refill station’ means a place , where a final distributor offers to end users products 
that can be purch ased through refill;  EN 52  EN (30) ‘HORECA  sector ’ means Accommodation and Food Service Activities according to 
NACE Rev. 2 – Statistical classification of economic activities52; 
(31) ‘design for recycling ’ means  design of packaging, including individual components  
of packaging , in order to ensure its recyclability  with state-of-the-art collection, 
sorting and  recycling processes ; 
(32) ‘recycled at scale’ means collected, sorted and recycled through installed state -of-
the-art infrastructure and processes, covering at least 75  % of the Union population, 
including packagin g waste exported from the Union  that meets the requirements of 
Article 47(5); 
(33) ‘packaging category’  means a combination of material and specific packaging 
design, which determines the recyclability with the state of the art collection sorting 
and recycling processes and is relevant for the definition of the design for recycling 
criteria ;  
(34) ‘integrated component’ means a packaging component that may be distinct from the 
main body of the packaging unit, and may be of a different material, but is integral to 
the packaging unit  and its functioning and does not need to be separated from the 
main packaging unit in order to consume the pr oduct and is typically discarded at the 
same time as the packaging unit, although not necessarily in the same disposal route;  
(35) ‘separate component’ means a packaging component that is distinct from the main 
body of the pack aging unit , which may be of a  different material, that needs to be 
disassembled completely and permanently from the main packaging unit in order to 
access the product, and tha t is typically discarded prior to and sep arately from the 
packaging unit;  
(36) ‘unit of packaging’ means  a uni t as a whole, including any integrated or separate 
components, which together serve a packaging function such as the containment, 
protection, handling, delivery, storage, transport and presentation of products, and 
including independent units of grouped or transport packaging where they are 
discarded prior to the point of sale;  
(37) ‘innovative packaging’ means a form of packaging that is manufactured using new 
materials, design or production processes, resulting in a signifi cant improvement in 
the functions of packaging , such as containment, protection, handling, delivery or 
presentation of products , and in demonstrable environmental benefits , with the 
exception of packaging that is the result of m odification of existing pack aging for the 
sole purpose of improved presentation of products and marketing;  
(38) ‘secondary raw materials ’ means  materials that have been  obtained through recycling 
processes  and can substitute primary raw  materials ; 
(39) ‘post-consumer plastic waste’ means  plastic waste that is generated from plastic 
products that have been placed on the market ; 
                                                 
 
52 NACE Rev. 2 - Statistical classification of economic activities - Products Manuals and Guidelines - 
Eurostat (europa.eu) ; Accommodation and food service statistics - NACE Rev. 2 - Statistics Explained 
(europa.eu)  EN 53  EN (40) ‘contact sensitive packaging’ means  packaging that is intended to be used in any 
packaging applications in the scope of Regulation s: (EC)  No 1831/2003, (EC) 
No 1935/2004 , (EC) No 767/2009 , (EC)  No 2009/1223, (EU) 2017/745, 
(EU)  2017/746,  (EU) 2019/4 , (EU) 2019/ 6, Directive 2001/83/EC , or Directive 
2008/68/EC ; 
(41) ‘compostable packaging’ means packaging capable of undergoing physical, 
chemical, thermal or biological decomposition such that most of the finished 
compost ultimately decomposes into carbon dioxide, mineral salts, biomass  and 
water, according to Article 47(4), and does not hinder the separate collection and the 
composting process or activity into which it is introduced  in industrially controlled 
conditions ; 
(42) ‘single use plastic beverage bottles’ means  beverage bottles listed in Part F of the 
Annex to Directive (EU) 2019/904 ;  
(43) ‘plastic’ means  a polymer within the meaning of Article 3(5) of Regulation (EC) No 
1907/2006, to which additives or other substances may have been added, and which 
is capable of functioning as a main structural component of packaging, with the 
exception of natural polyme rs that have not been chemically modified;  
(44) ‘plastic carrier bags’ means  carrier bags, with or without handle, made of plastic, 
which are supplied to consumers at the point of sale of products;  
(45) ‘lightweight plastic carrier bags’ means  plastic carr ier bags  with a wall thickness 
below 50 microns;  
(46) ‘very lightweight plastic carrier bags’ means  plastic carrier bags with a w all 
thickness below 15 microns;  
(47) ‘thick plastic carrier bags’ means  plastic carrier bags with a wall thickness between 
50 and 99 microns;  
(48) ‘very thick plastic carrier bags’ means  plastic carrier bags with a wall thickness 
above 99 microns;  
(49) ‘waste receptacles’ means containers , bins and bags used to store and collect waste ;  
(50) ‘deposit’ means  a fixed sum of money, not being part of the price of a packaged or 
filled product that is collected from the end user when purchasing such packaged or 
filled product, covered by a deposit and return system in a given Member State and 
redeemable when the end user returns the deposit bearing packaging to a collection 
point established for that purpose;  
(51) ‘deposit and return system’ means  a system , in which a deposit is charged to the end 
user when purchasing a  packaged or filled  product  covered by this system, and 
redeemed to the end user when the deposit bearing packaging is returned to a 
collection point established  for that purpose;  
(52) ‘technical specification’ means a document that prescribes technical requirements to 
be fulfilled by  a product, process or service;  
(53) ‘harmonised standard’ means a standard as defined in Article 2(1), point (c) of 
Regulation (EU) No 1025/2012;   
(54) ‘conformity assessment’ means the process demonstrating whether the sustainability, 
safety, labelling and information requirements of this Regulation, relating to a 
packaging, have been fulfilled;  EN 54  EN (55) ‘producer responsibility organisation’ means a legal entity that financially or 
financially and operationally organises the fulfilment of extended producer 
responsibility obligations on behalf of several producers;  
(56) ‘life-cycle’ means the consecutive and interlinked stages that packaging goes 
through , from raw material acquisition or generation from natural resources to final 
disposal.  
(57) ‘packaging  presenting a risk’ means a packaging  that, by not complying with a 
requirement set out in or pursuant to this Regulation other than those listed in Article 
56(1), may adversely affect the environment or other public interests protected by 
that requirement ; 
(58) ‘packaging  presenting a serious risk’ means a packaging  presenting a risk for which, 
based on an assessment, the degree of the relevant non -compliance or the associated 
harm is considered to require rapid intervention by the market surveillance 
authorities, including cases where the effects of the non -complian ce are not 
immediate ; 
(59) ‘online platform’ means online platform as defined in Article 3  point (i)  of 
Regulation (EU) 2022/2065;  
(60) ‘waste’ means waste as defined in Article 3  point (1) of Directive 2008/98/EC , with 
the exception of reusable packaging conveyed to reconditioning;  
The definition s of ‘substance of concern’  and ‘data carrier’ laid down in Artic le [2 points (28) 
and (30 )] of Regulation [ Ecodesign for sustainable products ] shall apply ; 
The definitions of ‘waste management’ , ‘collection’, ‘separate collection’, ‘ extended producer 
responsibility scheme’, ‘preparing for re -use’, and ‘ recycling’  laid down in Article 3 points  
(9), (10), (11), (21), (16) and (17)  of Directive 2008/98/EC apply ; 
The definitions of ‘market surveillance’, ‘market su rveillance authority’, ‘ fulfilment service 
provider’, ‘corrective action’, ‘recall’ , ‘withdrawal’  and ‘risk’ laid down in Article 3 points 
(3), (4), (11), (16), (22), (23) and (18) of Regulation (EU) 2019/1020 apply . 
An indicative list of items falling within the definition of packaging in point (1) is set out in 
Annex I.  
Article  4  
Free movement  
1. Packaging shall only be placed on the market if it complies with this Regulation.  
2. Member States shall not prohibit, restrict or impede the placing on the market of 
packaging that complies with the  sustainability requirements set out in  Articles 5 to 
10 of  this Regulation.  
3. Member States shall not prohibit, restrict or impede the placi ng on the market of 
packaging that complies with the labelling and information requirements set out in 
Article 11 of this Regulation.  
4. In case Member States choose to maintain  or introduce  nationa l sustainability 
requirements or  information  requirements additional to those laid down in this 
Regulation, those requirements shall not conflict with those laid down in this 
Regulation and the Member States shall not prohibit, restrict or impede the placing 
on the market of packaging that complies with the  requi remen ts under this 
Regulation for  reasons of non -compliance with those national requirements . EN 55  EN 5. In addition to  the labelling requirements laid down in Article 11, Member States may 
provide for further  labelling requirements,  for the purpose of identifying the 
extended producer responsibility scheme or a deposit and return system other than 
those referred to in Article 44(1). 
6. At trade fairs, exhibitions or similar events, Member States shall not prevent the 
showing of packa ging, which does not comply with this Regulation, provided that a 
visible sign clearly indicates that such packaging does not comply with this 
Regulation and that it is not for sale until it ha s been brought into conformity . 
Chapter II  
Sustainability requi rements  
Article 5  
Requirements for substances in packaging  
1. Packaging shall be so manufactured that the presence and concentration of 
substances of concern as constituents of the packaging material or of any of the 
packaging components is minimised, incl uding with regard to their presence  in 
emissions and any outcomes of waste management, such as secondary raw materials, 
ashes or other material for final disposal.  
2. Without prejudice  to the restrictions  on chemicals set out in Annex XVII of 
Regulation (EC) No 1907/2006 or, where applicable , to the restrictions and specific 
measures on food contact packaging in Regulation (EC) No 1935/2004, the sum of 
concentration levels of lead, cadmium, mercury and hexavalent chromium  resultin g 
from substances present in packaging or packaging components shall not exceed 100 
mg/kg.  
3. Compliance with the requirements set out in paragraph 2 shall be demonstrated  in the 
technical documentation  drawn up in accordance with  Annex V II. 
4. Recyclabil ity requirements established in delegated acts  adopted pursuant  to Article 
6(5) shall not restrict the presence of substances in packaging or packaging 
components for reasons relating primarily to chemical safety. They shall address, as 
appropriate, substa nces of concern that negatively affect the re -use and recycling of 
materials in the packaging  in which they are  present , and shall , as appropriate, 
identify the specific substances concerned and their associated criteria and 
limitations.  
5. In order to tak e account of the scientific and technical progress, t he Commission may 
adopt delegated acts in accordance with Article 58, to amend this Regulation in order 
to:  
(a) lower  the sum of concentration levels of lead, cadmium, mercury and 
hexavalent chromium resulting from substances present in packaging or 
packaging components referred to  in paragraph 2 ; 
(b) determine  the conditions under which the concentration level referred to in  
paragraph 2 shall not apply to recycled materials and to product loops , which 
are in a closed and controlled chain, as well as to determin e the types of 
packaging which shall be  exempted from the requirement s laid down in that 
paragraph. Such delegated ac ts shall be time -limited, provide for appropriate 
marking and information requirements, and contain requirements for regular 
reporting in order to ensure that the ex emption  is regularly reviewed . EN 56  EN Article 6  
Recyclable packaging  
1. All packaging shall be recyclable.  
2. Packaging shall be considered recyclable where it complies with the following :  
(a) it is designed for recycling ;  
(b) it is effectively and efficiently separately collected  in accordance with Article 
43(1) and (2) ; 
(c) it is sorted into def ined waste streams  without affecting the recyclability of 
other waste streams ; 
(d) it can be recycled  so that the resulting secondary raw materials are of sufficient 
quality to substitute the primary raw materials ;  
(e) it can be recycled at scale.  
Point (a) shall apply from 1 January 2030 and point (e) shall apply from 1 January 
2035.  
3. Recyclable  packaging shall, from 1 January 2030, comply with the design for 
recycling criteria as laid down in the delegated acts adopted pursuant to paragraph 4 
and, fro m 1 January 2035, also with the recyclability at scale requirements laid down 
in the delegated acts adopted pursuant to paragraph 6. Where such packaging 
complies with those delegated acts, it shall be considered to comply with paragraph 
2, points (a) and (e). 
4. The Commission is empowered  to adopt delegated acts in accordance with Article 58 
to supplement  this Regulation  in order to establish design for recycling  criteria and 
recycling performance grades  based  on the criteria and parameters listed in Table 2 
of Annex II  for packaging categories listed in Table 1 of that Annex, as well as  rules  
concerning the modulation of financial contributions to be paid by producers to 
comply with their extended producer responsibility obligations  set out in Article  
40(1), based on the packaging recycling performance grade , and for plastic 
packaging, the percentage of recycled content . Design -for-recycling criteria shall 
consider state of the art collection, sorting and recycling processes and shall cover all 
packagi ng components . 
The Commission is empowered to adopt delegated acts in accordance with Article 5 8 
to amend Table 1 of Annex in order to adapt it to scientific and technical 
development in material and product design, collection, sorting and recycling 
infrastructure.  
5. From 1 January 2030, packaging shall not be considered recyclable if it corresponds 
to performance grade E under the design for recycling criteria established in the 
delegated act adopted pursuant to paragraph 4 for the packaging categor y, to which 
the packaging belongs.   
These criteria shall be based  at least on the parame ters a s listed in Table 2  of Annex 
II. 
6. The Commission shall, for each packaging type listed in Table 1 of Annex II, 
establish the methodology to assess if packaging is recyclable at scale. That 
methodology shall be based at least on the following elements:  EN 57  EN (a) amounts of packaging placed on the market in the Union as a whole and in 
each Member State;  
(b) amounts of separately collected packaging waste, per packaging m aterial listed in 
Table 1 of Annex  II, in the Union  as whole and in each Member State;  
(c) recycling rates of packaging waste per packaging type listed in Table 1  of Annex II , 
in the Union as a whole and in each Member State  or, w hen such data on recycling 
rates for packaging waste per packaging type cannot be made available, assumptions 
made based on average loss rates as referred to in Article 47(3); 
(d) installed infrastructure capacities for sorting and recycling in the Union  as a whole  
for each packaging type listed in Table 1 of Annex  II.  
7. The criteria and requirements referred to in paragraph 3 shall establish:  
(a) the manner in which to express the result of the recyclability assessment in 
recyclability performance grades from A t o E, as described in Table 3 of Annex II , 
based on the percentage of the packaging unit, in weight, which is recyclable 
according to paragraph 1;  
(b) detailed design for recycling criteria for each packaging material and category listed 
in Table 1 of Annex  II; 
(c) a description, for each packaging category listed in Table 1 of Annex II, of the 
conditions for compliance with the respective performance grades;  
(d) the modulation of the financial contributions to be paid by producers to comply with 
their exten ded producer responsibility obligations as referred to in Article 40, based 
on the packaging performance grade;  
(e) the manner in which to assess the recyclability at scale for each packaging category 
listed in Table 1 of Annex II in order to establish, as of 2035, updated recyclability 
performance grades.  
8. Compliance with the requirements set out in paragraphs  2 and  3 shall be 
demonstrated  in the technical documentation concerning the packaging  as set out in 
Annex VII . 
Where a unit of packaging includes integrated components, the assessment of 
compliance with the design for r ecycling criteria and with the at scale  recyclability 
requirements shall include all integrated components.  
Where a unit of packaging includes separate components, the assessment of 
compliance with the design for recycling requirements and with the at scale 
recyclability  requirements shall be done  separately for each separate component.  
All components of a unit of packaging shall be compatible with the state of the art 
collection, sorting and recycling processes and shall not hinder  the recyclability of 
the main body of the unit of packaging.  
9. From  1 January 2030, and b y way of  derogation from paragraph s 2 and 3, innovative 
packaging may be placed on the market  for a maximum period of 5 years after the 
end of the calendar year when it has been placed on the market . 
Where use is made of this dero gation, i nnovative  packaging  shall be accompanied by 
technical documentation , referred to in Annex VII , demonstrating its innovative 
nature  and showing compliance with the definition in Article 3(3 4) of this 
Regulation .  EN 58  EN After the period referred to in the  first sub -paragraph, such packaging shall be 
accompanied by the technical documentation referred to in paragraph 8.   
10. Until 31 December 2034 , this Article shall not apply to  the following:  
(a) immediate packaging as defined in Article 1 , point (23),  of Directive 2001/83/EC 
and in Article 4 , point 25, of Regulation (EU) 2019/6;   
(b) contact sensitive plastic packaging of medical devices covered by Regulation (EU) 
2017/745 ; 
(c) contact sensitive plastic packaging  of in vitro diagnostics medical devices covered by 
Regulation (EU) 2017/746.  
11. The financial contributions to be paid by producers to comply with their extended 
producer responsibility obligations as referred to  in Article  40 shall be modulated on 
the b asis of the  recyclability performance grade , as determined  in accordance with  
the delegated act s referred to in paragraph s 4 and 6 of this Article  and, as regards 
plastic packaging, also in accordance with  the Article 7(6) . 
Article 7  
Minimum recycled content in plastic packaging  
1. From 1 January 2030 , the plastic part in packaging shall contain the following 
minimum percentage of recycled content recovered from post -consumer plastic 
waste, per unit of packaging:  
(a) 30 % for contact sensitive packaging  made from polyethylene terephthalate 
(PET) as the major component ;  
(b) 10 % for contact sensitive packaging  made fro m plastic materials other than  
PET, except single use plastic beverage bottles ; 
(c) 30 % for single use plastic beverage bottles;  
(d) 35 % for packaging  other than those referred to in points (a), (b) and  (c). 
2. From 1 January 2040, the plastic  part in packaging shall contain the following 
minimum percentage of recycled content recovered from post -consumer  plastic 
waste, per unit of packaging:  
(a)  50 % for contact sensitive plastic packaging , except single use plastic beverage 
bottles ;  
(b)  65 % for single use plastic beverage bottles;  
(c)  65 % for plastic packaging other than those referred to in  points  (a) and (b) ; 
3. Paragraph s 1 and 2 shall not apply to the following:  
(a) immediate packaging as defined in Article 1, point (23), of Directive 
2001/83/EC and in Article 4, point (25), of Regulation (EU) 2019/6;  
(b) contact sensitive plastic packaging of medical devices covered by Regulation 
(EU) 2017/745;  
(c) contact sensitive plastic packaging of in vitro diagnostics medical devices 
covered by Regulation (EU) 2017/746;  
(d) outer packaging as defined in Article 1, point  (24), of Directive 2001/83/EC 
and in Article 4, point (26), of Regulation (EU) 2019/6 in cases where such EN 59  EN packaging is necessary to comply with specific requirements to preserve the 
quality of the medicinal product.  
4. Paragraphs 1 and 2 shall  not apply to  compostable plastic packaging .  
5. Compliance with the requirements set out in paragraphs 1 and 3 shall be 
demonstrated  in the technical information concerning the packaging  referred to in 
Annex VII . 
6. By 1 January 20 30, the financial contributions paid by producers to comply with 
their extended producer responsibility obligations as laid down in Article 40 shall be 
modulated based on the percentage of recycled content used in the packaging . 
7. By 31 December 2026, t he Commission  is empowered to  adopt implementing acts 
establish ing the methodology for the calculation and verification of the percentage of 
recycled content recovered from post -consumer plastic waste, per unit of plastic 
packaging, and the format for the technical documentation  referred to in Annex VII . 
Those implementi ng acts shall be adopted in accordance with the examination 
procedure referred to in Article 59(3). 
8. As of 1 January 2029, the calculation and verification of the percentage of recycled 
content contained in packaging under paragraph 1 shall comply with t he rules laid 
down in the implementing act referred to in paragraph 7.  
9. By 1 January 2028, the Commission shall assess the need for derogations from the 
minimum percentage  laid down in paragraph 1 , points b and d , for specific plastic 
packaging , or for the revision of the derogation established under paragraph 3 for 
specific plastic packaging . 
Based on this assessment, t he Commission is empowered to adopt delegated acts  in 
accordance with Article 58 to amend this Regulation in order to : 
(a) provide for derogations from the  scope, timing or level of minimum percentage  
laid down in paragraph 1 , points b and d,  for specific plastic packaging, and, as 
appropriate,  
(b) revise the derogations established in paragraph 3,  
where suitable recycling t echnologies to recycle plastic packaging are not available 
because they are not authorised under the relevant Union rules or are not sufficiently 
installed in practice . 
10. Where justified by the lack of availability or excessive prices of specific recycled 
plastics that may have adverse effects on human or animal health, security of food 
supply or the environment, making compliance with the minimum percentages of 
recycled co ntent set out in paragraphs 1 and 2 excessively difficult, the Commission 
shall be empowered to adopt a delegated act in accordance with Article 58 to amend 
paragraphs 1 and 2 by adjust ing the mini mum percentages accordingly. In evaluating 
the justificatio n of such adjustment , the Commission shall assess requests from 
natural or legal persons to be accompanied by relevant information and data on the 
market situation for this post -consumer plastic waste and best available evidence 
regarding the related risks  to human or animal health, to the security of food supply 
or to the environment.  
11. By [OP: Please insert the date = 8 years after the date of entry into force of this 
Regulation ], the Commission shall review the situation regarding the use of recycled 
packaging materials in packaging other than plastics and, on this basis, assess the EN 60  EN appropriateness of establishing measures, or setting tar gets, for increasing the use 
of recycled content in such other packaging, and where necessary present a 
legislative p roposal.  
  
Article 8  
Compostable packaging  
1. By [OP: please insert the date = 24 months from the entry into force of this 
Regulation ], packaging referred to in Article 3(1 ), points (f) and (g) , sticky labels 
attached to fruit and vegetables and very lightweight plastic carrier bags shall be 
compostable  in industrially controlled conditions  in bio -waste treatment facilities .  
2. Where  appropriate waste collection schemes and waste  treatment infrastructure are 
available to ensure that packaging  referred  to in paragraph 1  enters the organic waste 
management stream, Member States are empowered to require that lightweight 
plastic carrier bags  shall be made available on the ir market for the first time only if it 
can be demonstrat ed that those lightweight plastic carrier bags  have  been entirely 
manufactured from biodegradable  plastic polymers , which are compostable in 
industrially controlled conditions . 
3. By [OP: Please insert the date = 24 months from the date of entry into force of this 
Regulation ], pack aging other than that referred to  in paragraphs 1 and 2, including 
packaging made of biodegradable plastic polymers, shall allow material recycling  
without affecting the recyclability of other waste streams . 
4. Compliance with the requirements set out in paragraphs 1  to 3 shall be demonstrated  
in the technical information  concerning the packaging  referred to in Annex VII . 
5. The Commission shall be empowered to adopt delegated acts in accordance with 
Article 58 to amend paragraphs 1 and 2 of this Article b y adding other types of 
packaging to the types of packaging covered by those paragraphs when it is justified 
and appropriate due to technological and regulatory developments impacting the 
disposal of compostable packaging  and under the conditions set out i n Annex III. 
Article 9  
Packaging minimisation  
1. Packaging shall be designed so that its weight and volume  is reduced  to the 
minimum necessary for ensuring its functionality  taking account of the material  that 
the packaging is made of .  
2. Packaging not necessary to comply with any  of the performance criteria set out  in 
Annex IV and packaging  with characteristics that are only aimed to increase the 
perceived volume of the product , including double walls , false bottoms, and 
unnecessary layers , shall not be placed on the market , unless the packaging design is 
subject to geographical indications of origin  protected under Union legislation .  
3. Empty space shall be reduced to the minimum necessary for ensuring the packaging 
functionality as follo ws: 
(a) for sales packaging , in relation to  the total volume of the packaged product and 
its characteristics;  EN 61  EN (b) for grouped and transport packaging , including e -commerce packaging , in 
relation to the total volume of the grouped or transported products and their  
sales  packaging;  
For the purpose of assess ing the  compliance with this paragraph , space filled by 
paper cuttings, air cushions, bubble wraps, sponge fillers, foam fillers, wood wool, 
polystyrene , styrofoam chips  or other filling materials  shall b e considered as empty 
space .  
4. Compliance with the requirements set out in paragraphs 1 and 2 shall be 
demonstrated  in the technical documentation  referred to in Annex VII , which shall 
contain  the following elements : 
(a) an explanation of the technical specifications, standards and conditions used to 
assess the packaging against the performance criteria and methodology set out 
in Annex IV;  
(b) the identification of the design requirements which prevent further reduction of 
the packaging weight or volume,  for eac h of these performance criteria;  
(c) any test results, st udies or other relevant sources  used to assess the minimum 
necessary volume or weight of the packaging . 
For reusable  packaging , the assessment of compliance with  the requirements set out 
in paragraph 1 shall take into account the function of reusable packaging as referred 
to in Article 10 .  
 
Article 10  
Reusable packaging  
1. Packaging shall be considered  reusable  where  if fulfils the following conditions : 
(a) it has been conceived, designed and placed on the market with the objective to 
be re -used or refilled;  
(b) it has been conceived and designed to accomplish as many trips or rotations as 
possible  in normally predictable conditions  of use ; 
(c) it can be emptied or unloaded without damage  to the packaging , which 
prevents  its re -use;  
(d) it is capable of being emptied, unloaded, refilled or reloaded while ensuring 
compliance with the  applicable safety and  hygiene requirements;  
(e) it is capable of being reconditioned in accordance with Part B of Annex VI, 
whilst maintaining its ability to perform its intended function ; 
(f) it can be emptied, unloaded, refilled or reloaded while maintaining the quality 
and safety of the packaged product and allowing  for the attach ment of  
labelling , and the pr ovision of  information on the properties of that product and  
on the  packaging  itself , including  any relevant instructions and information for 
ensuring safety, adequate use, traceability and shelf -life of the product ; 
(g) it can be emptied, unloaded, refilled or reloaded without risk to the health and 
safety of those responsible for doing so ;  EN 62  EN (h) it fulfils the requirements specific to recyclable packaging when it becomes 
waste  set out in Article 6 . 
2. Compliance with the re quirements  set out  in paragraph 1 shall be demonstrated  in the 
technical information concerning the packaging  referred to in Annex VII.  
 
Chapter III  
Labelling, marki ng and information requirements  
Article 1 1 
Labelling of packaging  
1. From [ OP: Please insert the date = 42  months after the entry into force of this 
Regulation ], packaging shall be marked with a label containing  information on its 
material composition. This obligation does not apply to transport packaging . 
However, it applies to e-commerce packaging . 
Packaging  subject to deposit and return systems referred to in Article 44(1) shall , in 
addition to the labelling referred to in the first subparagraph,  be marked with a 
harmonised label established in the relevant  implementing act adopted pursuant to 
paragraph 5.  
2. From [ OP: Please insert the date = 48 months after the date of entry into force of 
this Regulation ], packaging shall bear a label on packaging reusability and a  QR 
code  or other type of digital data carrier  that provid es further information on 
packaging reusability including  the availability of a system  for re -use and of 
collection points , and that facilitat es the tracking of the packaging and the calculation 
of trips and rotations . In addition, reusable sales packaging shall be clearly identified 
and distinguished from single use packaging at the point of sale.  
3. Where a unit of packaging  covered by Article 7  is marked with a label containing 
information on the share of recycled co ntent, that label  shall comply with the 
specifications  laid down in the relevant implementing act adopted pursuant to Article 
11(5) and shall be based on the methodology pursuant to Article 7(7).  Where a unit 
of plastic packaging  is marked with a label containing information on the share of 
biobased plastic content, that label shall comply with the specifications laid down in 
the relevant implementing act adopted pursuant to Article 11(5) . 
4. Labels referred to in paragraphs 1 to 3 and the QR code or other type of digital data 
carrier  referred to in paragraph 2 shall be placed, printed or engraved visibly,  clearly 
legibly and indelibly on the packaging. Where this is not possible or not warranted 
on account of the nature and size of  the packaging, they shall be affixed to the 
grouped packaging .  
Where Union legislation requires information on the packaged product to be 
provided via a data carrier, a single data carrier shall be used for providing the 
information required for both the  packaged product and the packaging.  
5. By [OP: Please insert the date =  18 months after the date of entry into force of this 
Regulation ], the Commission shall adopt implementing acts to establish a 
harmonised label and specifications for the labelling requirements and formats for 
the labelling of packaging referred to in paragraphs 1 to 3 and the labelling of waste EN 63  EN receptacles referred to  in Article 12.  Those implementing acts shall be adopted in 
accordance with the examination procedure referred to in Article 59(3). 
6. By [OP: Please insert the date =  24 months after the date of entry into force of this 
Regulation ], the Commission shall a dopt implementing acts to establish the 
methodology for identifying the material composition of packaging referr ed to in  
paragraph 1 by means of digital marking technologies. Those  implementing acts 
shall be adopted in accordance with the examination proce dure referred to in Article 
59(3). 
7. Without prejudice to requirements concerning other harmonised EU labels, economic 
operator s shall not provide or display labels, marks, symbols or inscriptions that are 
likely to mislead or confuse consumers or other  end users with respect to the 
sustainability requirements for packaging , other  packaging characteristics or 
packaging waste management options , for which  harmonised labelling has been  laid 
down in this Regulation . 
8. Packaging included in an extended prod ucer responsibility scheme or covered by a 
deposit and return system other than  that referred to in Article 44(1) may be 
identified by means of a corresponding symbol throughout the territory in which  that 
scheme or system  applies . That  symbol shall be cle ar and unambiguous and shall not 
mislead consumers or users as to the recyclability or reusability of the packaging.   
Article 1 2 
Labelling of waste receptacles for the collection of packaging waste  
By 1 January 2028,  label s that enable the separate collection of each material specific fraction 
of packaging waste that is intended to be discarded in separate receptacles  shall be affixed, 
printed or engraved visibly, legibly and indelibly on all waste receptacles for collection of 
packaging waste .  
 
Chapter IV  
Obligations of economic operators other than the obligations in 
Chapters V and VII 
Article 13 
Obligations of manufacturers   
1. When placing packaging  on the market, manufacturers shall ensure that the 
packaging  complies with the following : 
(a) it has been designed and manufactured in accordance with the applicable 
requirements set out in Articles 5 to 10;  
(b) it is labelled in accordance with the applicable requirements set out in Article 
11. 
2. Before placing packaging on the market, manufactu rers shall carry out the relevant 
conformity assessment procedure  referred to in Article 33, or have it carried out on 
their behalf, and draw up the technical documentation referred to in Annex VII.  
Where compliance of packaging with the applicable requir ements has been 
demonstrated by the relevant conformity assessment procedure referred to in Article EN 64  EN 33, manufacturers shall draw up an EU declaration of conformity in accordance with 
Article 34. 
3. Manufacturers shall keep the technical documentation refer red to in Annex VII and 
the EU declaration of conformity for  10 years after the packaging has been placed on 
the market.  
4. Manufacturers shall ensure that procedures are in place for series production of 
packaging to remain in conformity with this Regulat ion. Changes in packaging 
design or in characteristics, as well as changes in harmonised standards, common 
technical specifications or other technical specifications by reference to which 
conformity is declared or by application of which its conformity is verified, shall be 
adequately taken into account by manufacturers. In case the  manufacturers finds that 
the packaging ’s conformity may be affected, they shall carry out a re -assessment in 
accordance with the conformity assessment procedure specified in Article 33 and 
Annex VII, or have it carried out on their behalf.  
5. Manufacturers shall ensure that the packaging bears a type, batch or serial number or 
other element allo wing its identification  or, where the size or nature of the packaging 
does not allow so, that the required information is provided in a document 
accompanying the packaged product.  
6. Manufacturers shall indicate on the packaging  or on a QR code  or another data 
carrier  their name, registered trade name or registered trade mark as well as the 
postal address, and where available, the electronic means of communication, where 
they can be contacted. Where that is not possible, the required infor mation shall be 
provided as part of the information through  the QR code referred to in Article 11( 2) 
or the data carrier referred to in Article 11(4) or  in a document accompanying the 
packaged product. The postal address shall indicate a single point at wh ich the 
manufacturer can be contacted. Such information shall be clear, understandable and 
legible.  
7. Manufacturers shall ensure that information provided in accordance with paragraphs 
5 and 6 is clear, understandable and legible, and does not replace, obscure or can be 
confused with information required by  other Union legislation  on the labelling of the 
packaged product . 
8. Manufacturers who consider or have reason to believe that packaging which they 
have placed on the market is not in conformity with one or more of the applicable  
requirements set out in Articles 5 to 11 shall immediately take the correct ive 
measures necessary to bring that packaging into conformity, to withdraw it or recall 
it, as appropriate. Manufacturers shall immediately inform the market surveillance 
authority of the Member  State in which they made the packaging available of the 
suspected non -compliance and of any corrective measures taken . 
9. Manufacturers  shall, further to a reasoned request from a nati onal authority , provide 
all the information and documentation necessary to demonstrate the conformity of 
the packaging, including th e technical documentation in a language , or languages, 
which can be easily understood by that authority. That information and  
documentation shall be provided in either paper or electronic form. The relevant 
documents shall be made available within 10 days of receipt of the request from the 
national authority. Manufacturers  shall cooperate with the national authority on any 
action taken to remedy any case of non -compliance with  the requirements set out in 
Articles 5 to 10 . EN 65  EN Article 14 
Information o bligations of suppliers of packaging or packaging materials  
1. Any supplier of packaging or packaging materials shall provide the manufacturer 
with all the information and documentation necessary for the manufacturer to 
demonstrate the conformity of the p ackaging  and the packaging materials  with this 
Regulation , including the technical documentation referred to in Annex VII and 
required under Articles 5 to 10 , in a language or languages, which can be easily 
understood by the manufacturer . That information and documentation shall be 
provided in either paper or electronic form.  
2. Where appropriate, the documentation and information provided for in  legislation 
applicable to contact sensitive packaging  shall be part of the information and 
documentation to be p rovided to the manufacturer pursuant to paragraph 1.  
Article 15 
Obligations of authorised representative  
1. A manufacturer may, by a written mandate, appoint an  authorised representative.  
The obligations laid down in Article 13(1) and the obligation to draw up technical 
documentation referred to in Annex VII and required under Articles 5 to 10 shall not 
form part of the authorised representative's mandate.  
2. An authorised representative shall perform the tasks specified in the man date 
received from the manufacturer . The mandate shall allow the authorised 
representative to do at least the following:  
(a) keep the EU declaration of conformity and the technical documentation at the 
disposal of the national market surveillance authoriti es for 10 years after the 
packaging has been placed on the market;  
(b) cooperate with the national authorities, at their request, on any measures taken 
with regard to non -compliances of the packaging covered by the authorised 
representative's mandate ; 
(c) further to a reasoned request from a national authority, provide that authority 
with all the information and documentation necessary to demonstrate the 
conformity of packaging in a language or languages, which can be easily 
understood by that authority;  
(d) further to a request from a competent national authority, make available 
relevant documents within 10 days of the receipt of such a request ; 
(e) terminate the mandate if the manufacturer acts contrary to its obligations under 
this Regulation . 
Article 16 
Obligations of importers  
1. Importers shall only place on the market packaging which is compliant with the 
requirements of Articles 5 to 11 . 
2. Before placing packaging on the market, importers shall ensure the following : EN 66  EN (a)  the appropriate conformity as sessment procedure , referred to in Article 33 has 
been carried out and the technical documentation , referred to in Annex VII and 
required under Articles 5 to 10, has been drawn up by the manufacturer ; 
(b)  the packaging is labelled in accordance with Artic le 11, 
(c)  the packaging is accompanied by the required documents ; 
(d)  the manufacturer has complied with the requirements set out in Article 13(5) 
and (6) . 
Where a n importer considers or has reason to believe that packaging is not in 
conformity with the applicable requirements set out in Articles 5 to 11 , the importer 
shall not place the packaging on the market until it has been brought into conformity.  
3. Importers s hall indicate on the packaging their name  and their  registered trade name 
or registered trade mark as well as the postal address, and , where available, the 
electronic means of communication, where they can be contacted. Where that is not 
possible, the requ ired information shall be provided via the data carrier or in a 
document accompanying the packaged product. The contact details shall be clear, 
understandable and legible.  
4. Importers shall ensure that information provided in accordance with paragraph 3 i s 
clear, understandable and legible, and does not replace, obscure or can be confused 
with information required by other Union legislation on the labelling  of the package d 
product.  
5. Importers  shall ensure that, while the packaging  is under their responsibility, storage 
or transport conditions do not jeopardise its compliance with the applicable 
requirements set out in Articles 5 to 11 . 
6. Importers who consider or have reason to believe that packaging, which they have 
placed on the  market, is not in conformity with the applicable requirements set out in 
Articles 5 to 11 , shall immediately take the corrective measures necessary to bring 
that packaging into conformity, to withdraw it or recall it, as appropriate.  
7. Importers shall i mmediately inform the market surveillance authorities of the 
Member States in which they made the packaging  available of the suspected non -
compliance and of any corrective measures taken.  
8. Importers shall, for 10 years after the packaging has been placed  on the market, keep 
a copy of the EU declaration of conformity at the disposal of the market surveillance 
authorities and ensure that the technical documentation referred to in Annex VII and 
required under Articles 5 to 10 can be made available to those a uthorities, upon 
request.  
9. Importers shall, further to a reasoned request from a national authority, provide that 
authority with all the information and documentation necessary to demonstrate the 
conformity of packaging, including technical documentation , with the applicable 
requirements set out in Articles 5 to 11 , in a language or languages, which can be 
easily understood by that authority. That information and documentation shall be 
provided either in paper or electronic form. The relevant documents sh all be made 
available within 10 days of receipt of the request from  the national  authority . 
10. Importers shall cooperate with the competent national authority on any action taken 
to remedy any case of non -compliance with the requirements set out in Articl es 5 to 
11. EN 67  EN Article 17 
Obligations of distributors  
1. When making packaging available on the market, distributors shall act with due care 
in relation to the r equirements of this Regulation.  
2. Before making packaging available on the market, distributors shall verify the 
following :  
(a) the producer, that is subject to the obligations on  extended producer 
responsibility for  the packaging is registered in the register of  producers 
referred to  in Article 40; 
(b)  the packaging is labelled in accordance with Article 11; 
(c)  the manufacturer and the importer have complied with the requirements set out 
in Article 13(5) and (6)  and Article 16(3) respectively.  
3. Where a  distributor, before making packaging available on the market , considers or 
has reason to believe that the packaging is not in conformity with  the requirements 
set out in Articles 5 to 11  or that the manufacturer is not complying with those 
applicable requirements, the distributo r shall not make the packaging available on the 
market until it has been brought into conformit y or until the manufacturer complies.  
Distributors shall ensure that, while the packaging is under their responsibility, 
storage or transport conditions do not jeopa rdise its compliance with the 
requirements set out in Articles 5 to 11 . 
4. Distributors who consider or have reason to believe that packaging, which they have 
made available on the market  with the packaged product , is not in conformity with 
the applicable requirements set out in Articles 5 to 11 shall make sure that the 
corrective measures necessary to bring that packaging into conformity, to withdraw it 
or recall  it, as appropriate, are taken . 
Distributors shall immediately inform the market surveillance a uthorities of the 
Member States in which they made the packaging available of the suspected non -
compliance and of any corrective measures taken.  
5. Distributors shall, further to a reasoned request from a national authority, provide 
that authority with all  the information and documentation to which they have access 
and that is relevant  for demonstrating the conformity of a packaging with the 
applicable requirements set out in Articles 5 to 11 in a language or languages, which 
can be easily understood by tha t authority. That information and documentation shall 
be provided in paper or electronic form.  
Distribu tors shall cooperate with the national authority on any action taken to remedy 
any case of non -compliance with the requirements set out in Articles 5 to 11.  
Article 18 
Obligations of fulfilment service providers  
Fulfilment service providers shall ensure that for packaging that they handle, the conditions 
during warehousing, handling and pack ing, addressing or dispatching, do not jeopardise the 
packaging’ s compliance with the requirements set out in Articles 5 to 11 . EN 68  EN Article 19 
Case in which obligations of manufacturers apply to importers and distributors  
An importer or a distributor shall be considered a manufacturer for the purposes of this 
Regulation and shall be subject to the obligations of the manufacturer under Article 14, where 
they place packaging on the market under their own name or trademark or  modify packaging 
already placed on the market in a way that  may affect compliance with the relevant 
requirements of this Regulation.  
Article 2 0 
Identification of economic operators  
1. Economic operators shall, upon request, provide information to the market 
surveillance au thorities on the following:  
(a) the identity of any economic operator that has supplied them with packaging;  
(b) the identity of any economic operator to which they have supplied packaging.  
2. Economic operators shall be able to provide the information referred to in paragraph 
1 for 10 years after they have been supplied with the packaging and for 10 years after 
they have supplied the packaging.  
Article 2 1 
Obligation related to excessive packaging  
1. Economic operators who supply products  to a final dist ributor or an end user in 
grouped  packaging , transport  packaging  or e-commerce packaging, shall ensure that 
the empty space ratio is maximum 40  %. 
2. For the purpose of this calculation:  
(a)  empty space shall mean the difference between the total volume o f grouped  
packaging , transport packaging or e-commerce packaging and the volume of 
sales packaging contained therein;  
(b)  empty space ratio shall mean the ratio of the empty space as defined in point 
(a) of this paragraph and the total volume of the group ed packaging , transport  
packaging  or e-commerce packaging.  
Space filled by filling materials such as paper cuttings, air cushions, bubble wraps, 
sponge fillers, foam fillers, wood wool, polystyrene or Styro foam chips, shall be 
considered  as empty space . 
3. Economic operators using sales packaging as e -commerce packaging shall be 
exempted from the obligation laid down in paragraph 1. They shall nevertheless 
ensure that such sales packaging complies with the requirements in Article 9.  
Article 2 2 
Restrictions on use of certain packaging formats  
1. Economic operators shall not place on the market packa ging in the formats and for 
the purposes  listed in Annex V.  
2. By way of derogation from paragraph 1, e conomic operators shall not place on the 
market packaging in  the formats and for the purposes  listed in point 3 of Annex V  as 
of 1 January 2030.  EN 69  EN 3. Member States may exempt e conomic operators from point 3 of Annex V if they 
comply with the definition of micro -company in accordance with rules set out in the 
Commission Recommendation 2003/361,  as applicable on [OP: Please insert the 
date = the date of entry into force of this Regulation ], and where it is not technically 
feasible not to use packaging or to obtain access to infrastructure that is necessary for 
the functioning of a reuse system.  
4. The Commission shall be empowered to adopt delegated acts in accordance with 
Article 58 to amend Annex V in order to adapt it to technical and scientific progress  
with the objective to reducing packaging waste . When ad opting those delegated acts, 
the Commission shall consider the potential of the restriction s on the use of specific 
packaging formats to  reduc e the packaging waste generated  while ensuring an overall 
positive environmental impact , and shall take into accou nt the availability of 
alternative packaging solutions that meet requirements set out in legislation 
applicable to  contact sensitive packaging , as well as their capability to prevent 
microbiological contamination of the packaged product.  
Article 2 3 
Obligations in relation to reusable packaging  
1. Economic operators  who place r eusable packaging on the market  shall ensure that a 
system for re -use of such packaging is in place, which meets the requirements laid 
down in Article 24 and Annex VI.  
2. The d escription of the system’s compliance with th ose requirements shall be drawn 
up as part of the technical documentation on reusable packaging to be provided 
pursuant to Article 10(2). For that purpose, the manufacturer shall request the 
relevant written con firmations from system participants set out  in Annex VI.  
Article 24 
Obligation related to s ystems for re -use  
1. Economic operators making use of reusable packaging shall participat e in one or 
more  systems for re -use and shall ensure that the system s for re -use, which th e 
reusable  packaging is part of,  compl y with the requirements laid down in Part A  of 
Annex VI.  
2. Economic operators making use of reusable packaging shall recondition such 
packaging  in compliance with Part B  of Annex VI, prior to offering it again for use 
by end  users. 
Article 25 
Obligations related to r efill  
1. Where economic operators offer the possibility to purchase products  through refill, 
they shall inform end users o f the following : 
(a) the types of containers that may be used to purchase the products  on offer 
through  refill ; 
(b) the hygiene standards for refill,   
(c) the responsibility of the end  user in relation to the health and safety regarding 
the use of the containers  referred to in  point (a) .  EN 70  EN This information shall be regularly updated  and either  clearly displayed on the 
premises or otherwise  provided to end  users . 
2. Economic operators enabling refill shall ensure that refill stations comply with the 
requirements laid down in Part C of Annex VI and with any requirements set in other 
Union legisla tion for the sale of products  through refill . 
3. Economic operators enabli ng refill shall ensure that packaging offered to the end 
users at the refill stations is not provided free of charge  or is provided  as a part of a 
deposit and return system .  
4. Economic operators  may refuse to refill  a container provided by the end user, if the 
end user  does not abide  with the requirements communicated by the economic 
operator  in accordance with  paragraph 1.   
Article 2 6 
Re-use and refill targets  
1. From 1 January 2030, economic operator s making large household appliances listed 
in point 2 of Annex II  to Directive 2012/19/EU available on the market for the first 
time within the territory of a Member State shall ensure that 90  % of tho se products  
are made available in reusable transport  packaging within a system for re -use. 
2. The final distributor making available on the market within  the territory of a Member 
State in sales packaging  cold or  hot beverages filled into a container at the point of 
sale for take -away shall ensure that:  
(a)  from 1 January 2030 , 20 % of th ose beverages are made available in reusable 
packaging within a system for re -use or by enabling refill;  
(b)  from 1 January 2040 , 80 % of th ose beverages are made available in reusable 
packaging within a system for re -use or by enabling refill . 
3. A final distributor that is conducting its business activity in the HORECA sector  and 
that is  making available on the market within  the territory of a Member State in sales 
packaging take-away ready -prepared food, intended for immediate consumption 
without the need of any further preparation , and typically consumed from the 
receptacle , shall ensure that:  
(a)  from 1 January 2030 , 10 % of th ose products  are made available in reusable 
packaging within a system for re -use or by enabling refill;  
(b)  from 1 January 2040 , 40 % of tho se products  are made available in reusable 
packaging within a system for re -use or by enabling refill . 
4. The manufacturer and the final distributor making available  on the market  within  the 
territory of a Member State in sales packaging  alcoholic beverages in the form of 
beer, carbonated alcoholic beverages, fermented beverages other than wine, 
aromatised wine products and fruit wine,  products based on spirit  drink s, wine or 
other fermented beverages mixed with beverages , soda, cider or j uice, shall ensure 
that: 
(a)  from 1 January 2030 , 10 % of tho se products  are made available in reusable 
packaging within a system for re -use or by enabling refill ; 
(b)  from 1 January 2040 , 25 % of tho se products  are made available in reusable 
packaging within a system for re -use or by enabling refill . EN 71  EN 5. The manufacturer and the final distributor making available  on the market  within  the 
territory of a Member State in sales packaging alcoholi c beverages in the form of 
wine , with the exception of sparkling wine,  shall ensure that:  
(a)  from 1 January 2030 , 5 % of tho se products  are made available in reusable 
packaging within a system for re -use or by enabling refill;  
(b)  from 1 January 2040 , 15 % of tho se products  are made available in reusable 
packaging within a system for re -use or by enabling refill . 
6. The manufacturer and the final distributor making available on the market  within  the 
territory of a Member State in sales packaging non-alcoholic beverages  in the form 
of water, water with added sugar, water with other sweetening matter , flavoured  
water , soft drinks, soda lemonade, iced tea and similar beverages which are 
immediately ready to drink, pure juice, juice or must of fruits or vegetables and 
smoot hies without milk and non -alcoholic beverages containing milk fat, shall ensure 
that: 
(a)  from 1 January 2030 , 10 % of tho se products  are made available in reusable 
packaging within a system for re -use or by enabling refill ; 
(b)  from 1 January 2040 , 25 % of tho se products  are made available in reusable 
packaging within a system for re -use or by enabling refill . 
7. Economic operators using transport packaging in the form of pallets, plastic crates, 
foldable plastic boxes, pails and drums for the conveyance  or packaging of products  
in conditions other than provided for under paragraphs 12 and 13 shall  ensure that : 
(a) from 1 January 2030 , 30 % of such packaging used is  reusable packaging 
within a system for re -use; 
(b) from 1 January 2040 , 90 % of such packa ging used is  reusable packaging 
within a system for re -use. 
8. Economic operators using transport packaging for the transport and delivery of non -
food items made available on the market for the first time via e -commerce shall 
ensure that:  
(a) from 1 Januar y 2030 , 10 % of such  packaging  used is reusable packaging 
within a system for re -use; 
(b) from 1 January 2040 , 50 % of such  packaging  used is reusable packaging 
within a system for re -use; 
9. Economic operators using transport packaging in the form of  pallet wrappings and 
straps for stabilization and protection of products put on pallets during transport shall 
ensure that:  
(a) from 1 January 2030 , 10 % of such  packaging  used is reusable packaging 
within a system for re -use; 
(b) from 1 January 2040 , 30 % of  such packaging  used for transport is 
reusable packaging within a system for re -use; 
10. Economic operators using grouped packaging in the form of  boxes , excluding 
cardboard,  used outside of sales packaging to group a certain number of products  to 
create a  stock -keeping unit shall ensure that:  
(a) from 1 January 2030 , 10 % of  such packaging  used is reusable packaging 
within a system for re -use; EN 72  EN (b) from 1 January 2040 , 25 % of such  packaging  they used is reusable 
packaging within a system for re -use. 
11. Targets laid down in paragraphs 1 to 10 shall be calculated for the period of a 
calendar year.  
12. Transport packaging used by  an economic operator shall be reusable where it is used 
for transport ing products : 
(a) between different sites , on which the oper ator performs  its activity ; or 
(b) between any of the sites on which the operator performs its activity  and the 
sites of any other linked enterprise or partner enterprise, as defined in Article 3 
of the Annex to Com mission Recommendation 2003/361 , as applicable on 
[OP: Please insert the date =  the date of entry into force of this Regulation ]. 
This obligation applies to pallets, boxes,  excluding cardboard,  trays, plastic crates, 
intermediate bulk containers, drums and canisters , of all sizes and mat erials , 
including flexible formats . 
13. Economic operators delivering products to another economic operator within the 
same Member State shall use only reusable transport packaging  for the purpose of 
the transportation of such product s.  
This obligation applies to  pallets, boxes,  excluding cardboard,  plastic crates 
intermediate bulk containers, and drums , of all sizes and materials , including flexible 
formats . 
14. Economic operators shall be exempted from the obligation to meet the targets in 
paragraphs 2  to 10 if, during a calendar year , they :  
(a) placed not more than 1000 kg of packaging on the market; or  
(b) complied  with the definition of micro -company in accordance with rules set out in 
the Commission Recommendation 2003/361 , as applicable on [OP: Please insert the 
date = th e date of entry into force of this Regulation ]. 
15. Economic operators shall be exempted from the obligation to meet the targets in 
paragraphs 2 to 6 if, during a calendar year, they have a sales area of not more than  
100 m 2, including also all storage and dispatch area s. 
16. The Commission shall be empowered to adopt delegated acts in accordance with 
Article 58 to supplement this Regulation in order t o establish : 
(a) targets for other products than those covered by paragraphs 1 to 6 of this Article  and 
other packaging formats than those in paragraphs 7 to 10 , based on the positive 
experiences with  measures taken by Member States under Article 45(2),  
(b) exemptions for  economic operators additional to  those listed in points  (a) to (c) of 
paragraph 14  of this Article,  
(c) exemptions  for specific packaging formats covered by the targets laid down in 
paragraphs 2 to 6 of this Article in case of hygiene, food safety or env ironmental 
issues preventing the achievement of those targets.   
17. By [OP: Please insert the date = 8 years after the date of entry into force of this 
Regulation ], the Commission shall review the situation regarding reuse of packaging  
and, on this basis, assess the appropriateness of establishing measures, reviewing the  
targets  laid down in this Article , and setting new targets for the reuse and refill of 
packaging , and where necessary present a legislative proposal.  EN 73  EN Article 27 
Rules o n the calculation of the attainment of the re -use and refill targets   
1. For the purpose of demonstrating  the attainment of  the targets laid down in Article 
26(1), the economic operator making large household appliances listed in point 2 of 
Annex II  to Directive 2012/19/EU available on the market for the first time within 
the territory of a Member State shall calculate  the following : 
(a) the number of units of sales of th ose appliances in reusable packaging within a 
system for re -use made available on t he market for the first time within  the 
territory of a Member State in a calendar year ;  
(b) the number of units of sales of th ose appliances in packaging other than 
reusable packaging as referred to in point (a) made available on the market for 
the first time within  the territory of a Member State in a calendar year.  
2. For the purpose of demonstrating  the attainment of the targets laid down in Article 
26(2) to ( 6), the final distributor , or manufacturer, as appropriate, making available 
on the market such product s within the territory of a Member State shall calculate, 
for each target separately , the following :  
(a) the number of units of sales of beverages and food in reusable packaging 
within a system for re -use made available on the market within the t erritory of 
a Member State in a calendar year ;  
(b) the number of units of sales of beverages and food made available on the 
market within the territory of a Member State in a calendar year through refill ; 
(c) the number of units of sales of beverages and food made available on the 
market within the territory of a Member State by other means  than those 
referred to  in points (a) and (b) in a calendar year.  
3. For the purpose of demonstrating  the attainment of the targets laid down in Article 
26(7) to (10), the economic operator using such packaging shall calculate, for each 
target separately , the following :  
(a) the number of equivalent units of each of the packaging formats listed in 
Article 26(7) to (10 ) constituting reusable packaging within a system for re -use 
they us ed in a calendar year;  
(b) the number of equivalent units of each of the packaging formats listed in 
Article 26(7) to (10 ), other than those indicated in point  (a), that they used in a 
calendar year.  
4. By 31 December 2028 , the Commission shall adopt implementing act s establishing 
detailed calculation rules and methodology regarding the targets set out in Article 26. 
The implementing act shall be adopted in accordance wi th the examination procedure 
referred to in Article 59(3). 
Article 28 
Reporting  to the competent authorities on re -use and refill targets  
1. The economic operators referred to in Article 26(1) to ( 10) shall report to the 
competent authority , referred to in Article 35 of this Regulation,  data concerning the 
attainment of the targets laid down in Article 2 6 for each calendar year.  EN 74  EN 2. The report referred to in paragraph 1  shall be submitted  within six months after the 
end of the reporting year for which the data are collected.  
3. The first reporting period shall concern the calendar year starting o n 1 January 2030.  
4. The competent authorities shall establish electronic systems through which data shall 
be reported to them and specify the format s to be used.  
5. Competent authorities may request any additional information necessary to ensure 
the reliability of the data reported.  
6. Member States shall make public the results of the reports referred to in paragraph 1 . 
Chapter V  
Plastic carrier bags  
Article 29 
Plastic carrier bags  
1. Member States shall take measures to achieve a sustained reduction in the 
consumption of lightweight plastic carrier bags on their territory.  
A sustained reduction is achieved if  the annual consumption does not exceed 40 
lightweight plastic carrier bags per person , or the equivalent target in weight,  by 31 
December 2025, and subsequently by 31 December in each year thereafter.  
2. Measures to be taken by Member States to meet the target set out in paragraph 1 may 
vary d epending on the environmental impact of lightweight plastic carrier bags when 
they are manufactured, recycled or disposed of, and their composting properties, 
durability or specific intended use. Such measures may , by way of  derogation from 
Article 4, include marketing restrictions, provided that they are proportionate and 
non-discriminatory.  
3. Member States may take measures , such as economic instruments and national 
reduction targets, as regards any kind of plastic carrier bags, regardless of their wall 
thickness , in accordance with the obligation s arising from  the Treaty . 
4. Member States may exclude very lightweight plastic carrier bags, which are required 
for hygiene purposes or provided as sales  packaging for loose food to prevent food 
wastage from th e obligations set out in  paragraph 1.  
 
Chapter VI  
Conformity of packaging  
Article 30 
Test, measurement and calculation methods  
For the purposes of compliance and verification of compliance of packaging with the 
requirements  set out in Articles 5 to 11 and 2 4 of this Regulation , tests, measurements and 
calculations shall be made using reliable, accurate and reproducible methods , which  take into 
account the generally recognised state -of-the art methods , and whose results are d eemed to be 
of low uncertainty .  EN 75  EN Article 31 
Presumption of conformity  
1. Tests, measurements or calculation methods  referred to in Article 30 which are in 
conformity with harmonised standards or parts thereof, the references of which have 
been published in the Official Journal of the European Union , shall be presumed to 
be in conformity with the requirements covered by those standards or parts t hereof 
set out in that Article.  
2. Packaging which is in conformity with  harmonised standards or parts thereof, the 
references of which have been published in the Official Journal of the European 
Union , shall be presumed to be in conformity with the requi rements , or parts thereof,  
covered by those standards set  out in Articles 5 to 11 and 24. 
Article 32 
Common  technical  specifications  
1. Packa ging which is in conformity with  common technical specifications referred to 
in paragraph 2 , or parts thereof , shall be presumed to be in conformity with the 
requirements set out in Articles 5 to 11 and 24 to the extent that those requirements 
are covered by those common technical specification s or parts thereof . 
2. The Commission may, by means of implementing acts, establish common technical 
specifications for the requirements set out in Articles 5 to 11 and Article 24 where 
the following conditions are fulfilled:  
(a) there is no harmonised standard covering the rel evant requirements the 
reference of which is published in the Official Journal of the European Union  
or the standard does not satisfy the requirements it aims to cover;  
(b) the Commission has requested, pursuant to Article 10(1) of Regulation 
1025/2012, o ne or more European standardisation organisations to draft or to 
revise a harmonised standard for the requirements set out in Articles 5 to 11 
and Article 24 and either of the following conditions are fulfilled:  
(i)  the request has not been accepted by an y of the European standardisation 
organisations to which the request was addressed;  
(ii)  the request has been accepted by at least one of the European 
standardisation organisations to which the request was addressed, but the 
standards requested:  
– are not  adopted within the deadline set in the request;  
– do not comply with the request;  
– are not fully in line with the requirements they aim to cover.  
Those implementing acts shall be adopted in accordance with the examination 
procedure referred to in Article 59(3). 
3. When references of a harmonised standard are published in the Official Journal of 
the European Union , the Commission shall assess whether implementing acts 
referred to in paragraph 2, or parts thereof which cover the same requirements set out 
in Ar ticles 5 to 11 and Article 24 need to be repealed or amended.  EN 76  EN Article 33 
Conformity assessment procedure  
Conformity assessment of packaging with the requirements set out in Articles 5 to 11 shall be 
carried out in accordance with the procedure set out in A nnex VII.  
Article 34 
EU declaration of conformity  
1. The EU declaration of conformity shall state that the fulfilment of the requirements 
set out in Articles 5 to 11 has been demonstrated.  
2. The EU declaration of conformity shall have the model structure set out in Annex 
VIII, shall contain the elements specified in the module set out in Annex VII and 
shall be continuously updated . It shall be translated into the language or languages 
required  by the Member State in which the packaging  is placed  on the market  or 
made available on the market . 
3. Where pack aging or the packaged product are  subject to more than one Union act 
requiring an EU declaration of conformity, a single EU declaration of conformity 
shall be drawn up in respect of all such Union acts. That declaration shall state the 
Union acts concerned and their publication references . It may be a dossier made up 
of relevant individual EU declarations of conformity.  
4. By drawing up the EU declaration of conformity, the manufacturer assume s 
responsibility for the compliance of the packaging with the requirements laid down 
in this Regul ation.  
Chapter VII  
Management of packaging and of packaging waste  
SECTION  1 – Genera l provisions  
Article 35 
Competent authority  
1. Member States shall designate one or more competent authorities responsible for 
implementation and enforcement of the obligations set out in this Chapter and in 
Article 26(1) to ( 10), Article 2 7, Article 2 8 and Article 29.  
2. Member States shall lay down the details of the organisation and operation of the 
competent authority or competent authorities, including administrative and 
procedural rules governing:  
(a) the registration of producers in accordance with Article 39; 
(b) the organisation and monitoring  of reporting requirements under Article 39(7); 
(c) the oversight of the implementation of the extended producer responsibility 
obligations in accordance with Article 40; 
(d) the making available of information in accordance with Article 50. 
3. By [OP: Please insert the date = 3 months after the date of entry into force of this 
Regulation ], Member States shall notify the Commission of the names and addresses 
of the competent authorities designated pursuant to paragraph 1. Member States shall EN 77  EN inform the C ommission without undue delay of any changes to the names or 
addresses of those competent authorities.  
 
Article 36 
Early warning report  
1. The Commission shall, in cooperation with the European Environment Agency, draw 
up reports on the progress towards th e attainment of the targets laid down in Articles 
38 and 46 at the latest three years before each of the deadlines laid down in those 
Articles.  
2. The reports referred to in paragraph 1 shall include the following:  
(a) an estimation of the attainment of the targets by each Member State;  
(b) a list of Member States at risk of not attaining the targets within the respective 
deadlines, accompanied by appropriate recommendations for the Member 
States concerned;  
(c) examples of best practices that are used throughout the Union which could 
provide guidance for progressing towards attaining the targets.  
Article 37 
Waste m anagement plans 
Member States shall include in the waste management plans required pursuant to Art icle 28 of 
Directive 2008/98/EC  a dedicated  chapter on the management of packaging and packaging 
waste, including measures taken pursuant to Articles 38 and 45 of this Regulation . 
SECTION 2 – Waste prevention  
Article 38 
Prevention of packaging waste  
1. Each Member State shall reduce the packaging waste generated per capita, as 
compared to the packaging waste generated per capita in 2018 as reported to the 
Commission  in accordance with Decision 2005/270/EC , by 
(a) 5 % by 2030;  
(b) 10 % by 2035;  
(c) 15 % by 2040.  
2. Member States shall implement measures aiming to prevent the generation of 
packaging waste and to minimise the environmental impact of packaging . 
3. For the purpose of paragraph 2, Member States may use economic instruments and 
other measures to provide  incentives for the application of the waste hierarchy, such 
as measures referred to in Annexes IV and IVa to Directive 2008/98/EC, or other 
appropriate instruments and measures, including incentives through extended  
producer responsibility schemes and requirements on producers or producer 
responsibility organisations to adopt waste prevention plans. Such measures shall be 
proportionate and non -discriminatory and be designed so as to avoid barriers to trade 
or distortions of competition in conformity with th e Treaty.  EN 78  EN 4. By [OP: Please insert the dat e = 8 years after the date of entry into force of this 
Regulation ], the  Commission shall review the targets laid down in paragraph 1. To 
that end, the Commission shall submit a report to the European Parliament and  to the 
Council, accompanied, if the Commission finds it appropriate, by a legislative 
proposal.  
5. A Member State may, while observing the general rules laid down in the Treaty and 
complying with the provisions set out in this Regulation, adopt provisions  which go 
beyond the minimum requir ements set out in this Article.  
 
SECTION 3 
Register of producers and extended producer responsibility  
Article 39 
Register of producers  
1. Member States shall establish a register which shall serve to monitor compliance of 
producers of packaging with the requirements set out in this Chapter.  
The register shall provide links to other national registers of producers ’ website s to 
facilitate, in  all Member States, registration of producers or appointed  representatives 
for the extended producer responsibility .  
2. Producers shall be obliged to register in the register referred to in paragraph 1. They 
shall , to that end , submit an application for registration in each Member State where 
they make packaging available on the market for the first time. Where a producer has 
appointed a producer responsibility organisation as referred to in Article 41(1), the 
obligations set ou t in this Article shall be met by that organisation, unless otherwise 
specified by the Member State  in which the register is established .  
3. The obligations set out in this Article may, on the producer’s behalf, be met by an 
appointed  representative for t he extended producer responsibility.  
4. Producers shall not make available packaging on the market , if they or, where 
applicable, their  appointed  representatives for the extended producer responsibility, 
are not registered in such Member State.  
5. The appl ication for registration shall include the information to be provided in 
accordance with Part A of Annex IX. Member States may request additional 
information or documents if it is necessary for an efficient use of the register.  
6. Where an appointed  representative for the extended producer responsibility 
represents more than one producer, it shall in addition to the information to be 
provided pursuant to paragraph 5, provide  the name and the contact details of each 
one of the represented producers se parately.  
7. The producer or, where applicable, the producer’s appointed  representative for the 
extended producer responsibility or the producer responsibility organisation shall 
report to the competent authority responsible for the register , by 1 March f or each 
full preceding calendar year, the information set out in Part B of Annex IX. 
8. The competent authority responsible for the register:  EN 79  EN (a) shall receive applications for the registration of producers referred to in 
paragraph 2 via an electronic data -processing system, the details of which shall 
be made available on the competent authorities’ website;  
(b) shall grant registrations and provide a registration number within a maximum 
period of twelve weeks from the moment that all the information laid down in 
paragraphs 5 and 6 is provided;  
(c) may lay down modalities with respect to the requirements and proc ess of 
registration without adding substantive requirements to the ones laid down in 
paragraphs 5 and 6;  
(d) may charge cost -based and proportionate fees to producers for the processing 
of applications referred to in paragraph 2;  
(e) shall receive and moni tor the reporting referred to in paragraph 7.  
9. The producer, or, where applicable, the producer’s appointed  representative for the 
extended producer responsibility or the producer responsibility organisation shall 
without undue delay notify the competent  authority of any changes to the 
information contained in the registration and of any permanent cessation of the 
making available on the market within the territory of the Member State of the 
packaging referred to in the registration. A producer shall be e xcluded from the 
register if the producer has ceased to exist.  
10. Where the information in the register of producers is not publicly accessible, 
Member States shall ensure that providers of online platforms allowing consumers to 
conclude distance contract s with producers are granted access, free of charge, to the 
information in the register.   
11. The Commission shall adopt implementing acts establishing the format for 
registration  in, and reporting to , the register  and specifying the granularity of data to  
be reported  and the packaging types and material categories to be covered  by the 
reporting .  
Those implementing acts shall be adopted in accordance with the examination 
procedure referred to in Article 59(3). 
Article 40 
Extended Producer Responsibility  
1. Producers  of packaging  shall have extended producer responsibility  under the 
schemes established in accordance with Articles 8 and 8a of Directive 2008/98/EC 
and with this Section  for the packaging that they make available on the market for 
the first time  within the territory of a Member State .  
2. A producer shall appoint, by written mandate, an appointed representative for the 
extended producer responsibility  in each Member State other than the Member State 
where it is established where it makes packaging available for the first time.  
3. Providers of online platforms , falling within the scope of Section 4 of Chapter 3 of 
Regulation (EU) 2022/2065 , allowing consumers to conclude distance contracts with 
producers shall obtain the fol lowing  information from producers offering packaging 
to consumers located in the Union:  EN 80  EN (a) information on the regist ration of the  producers referred to in Article 39 in the 
Member State where the consumer is located and the registration number(s)  of 
the producer  in that register;  
(b) a self -certification by the producer committing to only offer packaging with 
regard to which the extended producer responsibility requirements referred to 
in paragraphs 1 and 2 of this article  are complied with in the  Member State 
where the consumer is located.  
Article 41 
Producer Responsibility Organisation  
1. Producers may entrust a producer responsibility organisation authorised in 
accordance with Article  42 to carry out the extended producer responsibility 
obligati ons on their behalf. Member States may adopt measures to make the 
entrustment of a producer responsi bility organisation mandatory.  
2. Where, in the territory of a Member State, multiple producer responsibility 
organisations are authorised to fulfil extend ed producer responsibility obligations on 
behalf of producers, the Member State shall ensure that the producer responsibility 
organisations, when taken together, cover the whole territory of the Member State as 
regards the activities in accordance with Article s 42(3), 43 and 44. Member States 
shall entrust the competent authority , or appoint an independent third party,  to 
oversee that producer responsibility organisations fulfil their obligation s in a 
coordinated manner.  
3. Producer responsibility organ isations shall ensure the confidentiality of the data in its 
possession as regards proprietary information or information directly attributable to 
individual producers or their appointed  representatives.  
4. In addition to the information referred to in Art icle 8a(3), point (e), of Directive 
2008/98/EC, producer responsibility organisations shall publish on their websites, at 
least every year and subject to commercial and industrial confidentiality, information 
on the amount of packaging made available on th e market for the first time in the 
territory of a Member State and on the levels of recovered and recycled materials in 
relation to the amount of packaging for which they have been performing producer 
responsibility obligations.  
Article 42 
Authorisation on  fulfilment of extended producer responsibility  
1. A producer , in the case of individual fulfilment of extended producer responsibility 
obligations, or the appointed producer responsibility organisations in the case of 
collective fulfilment of extended producer responsi bility obligations, shall apply for 
an authorisation from the competent authority.  
2. The Member State shall in its measures laying down administrative and procedural 
rules referred to in Article 35, establish the requirements and details of the 
authorisation procedure, which can be different for either individual or collective 
fulfilment of the extended producer responsibility, and the mod alities for verifying 
compliance, including the information to be provided by producers or producers 
responsibility organisations to that end. The authorisation procedure shall include 
requirements on the verification of the arrangements put in place to en sure 
compliance with the requirements laid down in paragraph 3 , and timeframes for this EN 81  EN verification, which shall not exceed twelve weeks from the submission of a complete 
application dossier. This verification shall  be done by an independent expert who 
shall issue a verification report on its result. The independent expert shall be  
independent of the  competent authority and of the producer responsibility 
organisations or  the producers  authorised for individual fulfilment . 
3. The measures to be established by Member States  in accordance with paragraph 2  
shall include measures ensuring that:  
(a) the requirements laid down in of Article 8a(3), points (a) to (d), of Directive 
2008/98/EC are complied with ; 
(b) the measures put in place by the producer or produce r responsibility 
organisation are sufficient to allow for the return or collection  in accordance 
with Article 43(1) and (2) and Article 44, free of charge, with a frequency  
proportionate to the area and volume covered, of  packaging waste with regard 
to the amount and types of packaging made available on the market for the first 
time within the territory of a Member State by that producer or producers on 
whose behalf the producer responsibility organisation acts;  
(c) the ne cessary arrangements , including preliminary arrangements,  to that end 
are in place  with distributors, public authorities or third parties carrying out 
waste management on their behalf;  
(d) the necessary sorting and rec ycling  capacity is available to ensure that 
packaging waste collected is subsequently subject to preliminary treatment and 
recycling;  
(e) the requirement laid down in paragraph 6 is complied with ; 
4. The producer or the producer responsibility organisations sha ll notify the competent 
authority without undue delay of any changes to the information contained in the 
application for an authorisation, of any changes that concern the terms of the 
authorisation or of the permanent cessation of operations.  
5. The compe tent authority may decide to revoke the relevant authorisation in particular 
if the producer or producer responsibility organisation no longer fulfils the 
requirements with regard to the organisation of the treatment of packaging waste or 
fails in relation  to reporting to the competent authority or  in relation to the  
notification of any changes that concern the terms of the authorisation, or has ceased 
operations.  
6. A producer, in the case of individual fulfilment of extended producer responsibility 
obliga tions, and producer responsibility organisations appointed in the case of 
collective fulfilment of extended producer responsibility, shall provide a n adequate  
guarantee intended to cover the costs related to waste management operations due by 
the producer,  or the producer responsibility organisation, in case of non compliance 
with the extended producer responsibility obligations, including in case of permanent 
cessation of its operations or insolvency.  That guarantee may take the form of a 
recycling insurance or a blocked bank account or participation by the prodcuer in the 
producer responsibility organisation. Member States may specify additional 
requirements on this guarantee.  EN 82  EN SECTION 4 
Return, collection , deposit return systems  
Article 43 
Return and collection systems  
1. Member States shall ensure that systems are set up to provide for the return and 
separate  collection of all packaging waste from the end users in order to  ensure that it 
is treated in ac cordance with Articles 4 and 13 of Directive 2008/98/EC , and to 
facilitate its preparation for re -use and high quality recycling . 
2. Member States may allow derogations from paragraph 1 provided that collecting 
packaging or fractions of packaging waste together or together with other waste does 
not affect the potential of such packaging or fractions of packaging waste to undergo 
preparing for re -use, recycling or other recovery operations in accordance  with 
Article s 4 and 13 of Directive 2008/98/EC and  generate s output from those 
operations which is of comparable quality  to that achieved through separate 
collection .  
3. The systems referred to in paragraph 1 shall :  
(a) be open to the participation of t he economic operators of the sectors concerned, the 
competent public authorities and third parties carrying out waste management on 
their behalf ;  
(b) cover the whole territory of the Member State  and all packaging waste from all types 
of packaging  and activities , and take into account population  size, expected volume 
and composition of packaging waste, a s well as  accessibility and vicinity to end 
users . They shall include the separate collection in public spaces, business premises 
and residential a reas;   
(c) be open to imported products under non -discriminatory conditions with regard to the 
detailed arrangements and any tariffs imposed for access to the systems and any 
other conditions, and be designed so as to avoid barriers to trade or distortion s of 
competition in conformity with the Treaty . 
4. Member States shall take measures to promote recycling of packaging waste which 
meet s the quality standards for the  use of recycled materials in the relevant sectors.  
5. By way of derogation from the separate waste collection obligation  in paragraph 3 , 
certain types of packaging waste may be collected together where such collection 
does not affect their potential to undergo recycling operations and results in output 
from those operations which is of co mparable quality  to that achieved through 
separate collection.  
Article 44 
Deposit and return systems  
1. By 1 January 202 9, Member States shall take the necessary measures to ensure that 
deposit and return systems are set up for:  
(a) single use plastic beve rage bottles with the capacity of up to three litres; and  
(b) single use metal beverage containers with a capacity of up to three litres.  EN 83  EN 2. The obligation laid down in paragraph 1 does not apply to packaging for:  
(a) wine , aromatised wine products , and sp irit drinks;  
(b) milk and milk products listed in Part XVI of Annex I to Regulation (EU) No 
1308/2013.  
3. Without prejudice to paragraph 1 of this Article, a  Member State will be exempted 
from the obligation under paragraph 1 under the following conditions : 
(a) the rate of separate collection as required under Article 43(3) and (4)  of the 
respective packaging format as reported to the Commission under Article 50(1) 
point (c) is above 90 % by weight of such packaging placed on the market on 
the territory of that Member State in the calendar years 2026 and 2027. Where 
such reporting has not yet been submitted to the Commission, the Member 
State shall provide a reasoned justification, based on validated national data , 
and descript ion of the  implemented  measures , that the  conditions for the 
exemption set out in this paragraph are fulfilled ; 
(b) at the latest 24 months before the deadline laid down in paragraph 1 of this 
Article, the Member State notifies the Commission of its reques t for exemption  
and submits an implementation plan showing a strategy with concrete actions , 
including timeline  that ensure the achievement of the 90  % separate collection 
rate by weight  of the packaging  referred to in paragraph 1 .  
4. Within three months of receipt of the implementation plan submitted pursuant to 
paragraph 3 , point (b), the Commission may request a Member State to revise that 
plan, if it considers that it does not comply with the requirements set out in point (c) 
of that paragraph . The Mem ber State concerned shall submit a revised plan within 3 
months of receipt of the Commission’s request . 
5. If the separate collection rate of the packaging referred to in paragraph 1 in a 
Member State concerned decreases and remains below 90 % by weight of  a given 
packaging format placed on the market for three consecutive calendar years, the 
Commission shall notify the Member State concerned that the exemption no longer 
applies. The deposit and return system shall be established by 1 January in the 
second calendar year following the year in which the Commission notified the 
Member State concerned  that the exemption no longer applies . 
6. Member States shall endeavour to establish and maintain deposit and return systems 
in particular for single use glass beve rage bottles, beverage cartons and for reusable 
packaging. Member States shall endeavour to ensure that deposit and return systems 
for single -use packaging formats, in particular for single use glass beverage bottles, 
are equally available for reusable pac kaging where technically and economically 
feasible.   
7. A Member State may, while observing the general rules laid down in the Treaty and 
complying with the provisions set out in this Regulation, adopt provisions which go 
beyond the minimum requirements set out in this Article.  
8. Member States shall ensure that return points and opportunities for reusable 
packaging with a similar  purpose and format to those established under  paragraph 1  
are not less convenient for end users than opportunities to return s ingle -use 
packaging to a deposit and return system.  EN 84  EN 9. By 1 January 2028, Member States shall ensure that all deposit and return systems , 
including those established under paragraph 5, meet the minimum criteria listed in 
Annex X.  
 
SECTION 5  
Re-use and ref ill 
Article 45 
Re-use and refill  
1. Member States shall take measures to encourage the set-up of systems for re-use of 
packaging  and systems for refill  in an environmentally sound manner. Those systems 
shall comply with the requirements laid down in Article s 24 and 2 5 and Annex V I of 
this Regulation and shall not compromise food hygiene or the safety of consumers.  
2. The measures referred to in paragraph 1  may include:  
(a) the use of deposit and return systems compliant with minimum requirements in 
Annex X for reusable packaging and for other packaging formats that those 
referred to in Article 44(1), 
(b) the use of economic incentives , including requirements to final distributors , to 
charge the use of single -use packaging or to inform consumers about the cost 
of such packaging at the point of sale ,  
(c) requirements on final distributors to make available  in reusable packaging 
within a system for re -use or through refill  a certain percentage of other 
products than those covered by targets laid down in  Article 26 on the condition 
that this does not lead to  distortions on the internal market or  trade barriers for 
products from other Member States . 
 
SECTION 6 
Recycling  targets and promotion of recycling  
Article 46 
Recycling targets  and promotion of recycling  
1. Member States shall take the necessary measures to  attain the following recycling 
targets covering the whole of their territory : 
(a) by 31 December 2025, a minim um of 65 % by weight of all packaging waste  
generated ; 
(b) by 31 December 2025, the following minimum percentages by weight of the 
following specific materials contained in packaging waste  generated : 
(i) 50 % of plastic;  
(ii) 25 % of wood;  
(iii) 70 % of ferrous metals;  
(iv) 50 % of aluminium;  
(v) 70 % of glass;  EN 85  EN (vi) 75 % of paper and cardboard;  
(c) by 31 December 2030, a minimum of 70 % by weight of all packaging waste  
generated ; 
(d) by 31 December 2030, the following minimum percentages by weight of the 
following specific materials contained in packaging waste  generated : 
(i) 55 % of plastic;  
(ii) 30 % of wood;  
(iii) 80 % of ferrous metals;  
(iv) 60 % of aluminium;  
(v) 75 % of glass;  
(vi) 85 % of paper and cardboard.  
2. Without prejudice to paragraph 1, poi nt (a),  a Member State may postpone the 
deadlines set out in paragraph 1, points  (b)(i) to (vi), by up to 5 years, under the 
following conditions:  
(a) the derogation from the targets in the period of postponement is limited to a 
maximum of 15 percentage points from a single target or divided between two 
targets,  
(b) as a result of the derogation from the targets in the period of postponement, the 
recycling rate for a single target is not reduced below 30 %,  
(c) as a result of the derogation from the targe ts in the period of postponement, the 
recycling rate for a single target referred to in paragraph 1, points (b)(v) or (vi) of 
paragraph 1 is not reduced below 60 %, and  
(d) at the latest 24 months before the respective deadline laid down in paragraph 1, po int 
(b), of this Article, the Member State notifies the Commission of its intention to 
postpone the deadline and submits to the Commission an implementation plan in 
accordance with Annex XI to this Regulation, which may be combined with an 
implementation p lan submitted pursuant to Article 11(3), point (b), of Directive 
2008/98/EC . 
3. Within three months of receipt of the implementation plan submitted pursuant to 
paragraph 2, point (d), the Commission may request a Member State to revise that 
plan if the Com mission considers that the plan does not comply with the 
requirements set out in Annex XI. The Member State concerned shall submit a 
revised plan within 3 months of receipt of the Commission’s request.  
4. By [OP: Please insert the date = 8 years after the date of entry into force of this 
Regulation ], the Commission shall review the targets laid down in paragraph 1, 
points (c) and (d), of with a view to increasing them or setting further targets. To that 
end, the Commission shall submit a report to the Europ ean Parliament and to the 
Council, accompanied, if the Commission finds it appropriate, by a legislative 
proposal.  
5. Member States shall, where appropriate, encourage the use of materials obtained 
from recycled packaging waste for the manufacturing of pac kaging and other 
products by:  
(a) improving market conditions for such materials;  EN 86  EN (b) reviewing existing rules preventing the use of such materials.  
6. A Member State may, while observing the general rules laid down in the Treaty  and 
complying with the pro visions set out in this Regulation , adopt provisions which go 
beyond the minimum requirements set out in this Article.  
Article 47 
Rules on the calculation  of the attainment of the recycling targets  
1. The calculati on whether the targets laid down in Article 46(1) have been attained  
shall be carried out in accordance with the rules laid down in this Article.  
2. Member States shall calculate the weight of packaging waste generated in a given 
calendar year. The calculation of packaging waste generated in a Member State must 
be exhaustive.   
3. Member States shall calculate the weight of packaging waste recycled in a given 
calendar year. The weight of packaging waste recycled shall be calculated as the 
weight of pa ckaging that has become waste which, having undergone all necessary 
checking, sorting and other preliminary operations to remove waste materials that are 
not targeted by the subsequent reprocessing and to ensure high -quality recycling, 
enters the recycling  operation whereby waste materials are actually reprocessed into 
products, materials or substances.  
4. Composite packaging and other packaging composed of more than one material shall 
be calculated and reported per material contained in the packaging. Memb er States 
may derogate from this requirement where a given material constitutes an 
insignificant part of the packaging unit, and in no case more than 5 % of the total 
mass of the packaging unit . 
5. Packaging waste exported out of the Union shall be c alcula ted as recycled  by the 
Member State in which it was collected only if, in accordance with Regulation (EC) 
No 1013/2006, the exporter can prove that the shipment of waste complies with the 
requirements of this Regulation and that the recycling of packaging waste outside the 
Union took place under conditions that are broadly equivalent to those prescribed by 
the relevant Union legislation.  
6. For the purposes of paragraph 3, the weight of packaging waste recycled shall be 
measured when the waste enters the recycling operation.  
By way of derogation  from the first sub -paragraph of this Article , the weight of the 
packaging waste recycled may be measured at the output of any sorting operation 
provided that:  
(a) such output waste is subsequently recycled;  
(b) the weight of materials or substances that are removed by further operations 
preceding the recycling operation and are not subsequently recycled is not included 
in the weight of waste reported as recycled.  
7. Member States shall establish an effective system of quality control and traceability 
of the packaging waste to ensure that the conditions laid down in paragraphs 2 and to 
7 are met. That system may consist of electronic registries s et up pursuant to Article 
35(4) of Directive 2008/98/EC or technical spec ifications for the quality 
requirements of sorted waste. It may also consist of average loss rates for sorted 
waste for various waste types and waste management practices respectively, EN 87  EN provided that reliable data cannot be otherwise obtained . Average loss rates shall be 
calculated on the basis of the calculation rules established in the delegated act 
adopted pursuant to Article 11a(10) of Directive 2008/98/EC.  
8. The amount of biodegradable packaging waste that enters aerobic or anaerobic 
treatment may be c ounted as recycled where that treatment generates compost, 
digestate, or other output with a similar quantity of recycled content in relation to 
input, which is to be used as a recycled product, material or substance. Where the 
output is used on land, Memb er States may count it as recycled only if this use 
results in benefits to agriculture or ecological improvement.  
9. The amount of packaging waste materials that have ceased to be waste as a result of 
a preparatory operation before being reprocessed may be  counted as recycled 
provided that such materials are destined for subsequent reprocessing into products, 
materials or substances to be used for the original or other purposes. However, end -
of-waste materials to be used as fuels or other means to generate energy, or to be 
incinerated, backfilled or landfilled, shall not be counted as recycled.  
10. Member States may take into account the recycling of metals separated after 
incineration of waste in proportion to the share of the packaging waste incinerated 
provided that the recycled metals meet certain quality criteria laid down in 
Commission Implementing Decision (EU) 2019/1004 . 
11. Packaging waste sent to another Member State for the purposes of recycling in that 
other Member State may only be counted as rec ycled by the Member State in which 
that packaging waste was collected.  
12. Packaging waste exported from the Union shall be counted as recycled by the 
Member State in which it was collected only if the requirements set out in paragraph 
3 are met and if, in  accordance with Regulation (EC) No 1013/2006, the exporter can 
prove that the shipment of waste complies with the requirements of that Regulation, 
including that the treatment of packaging waste outside the Union took place under 
conditions that are broad ly equivalent to the requirements of the relevant Union 
environmental law.  
Article 48 
Rules on the calculation of the attainment of the recycling targets  by including re -use 
1. A Member State may decide to attain an adjusted level of the targets referred to 
Article 46(1) for a given year by taking into account the average share, in the 
preceding three years, of reusable sales packaging placed on the market for the first 
time and re-used as part of a system for re -use of packaging.  
The adjusted level shall be calculated by subtracting:  
(a) from the targets laid down in Article 46(1), points (a) and (c),  the share of the 
reusable sales packaging referred to in the first subparagraph  in all sales 
packaging placed on the market, and  
(b) from the targets laid down in Article 46(1), points (b) and (d),  the share of the 
reusable sales packaging referred to in the first subparagraph, composed of the 
respective packaging material, in all sa les packaging composed of that material 
placed on the market.  
No more than five percentage points of the average share of reusable sales packaging 
shall be taken into account for the calculation of the respective adjusted target level.  EN 88  EN 2. A Member State ma y take into account the amounts of wooden packaging that is 
repaired for re -use in the calculation of the targets laid down in Article 46(1), point 
(a), Article 46(1), point (b)(ii), Article 46(1), point (c), and Article 46(1), point 
(d)(ii).   
SECTION 7  
Information and reporting  
Article 49 
Information on prevention and management of packaging waste  
1. In addition to the information referred to in Article 8a(2) of Directive 2008/98/EC 
and in Article 11 of this Regulation, producers or, where appointed in accordance 
with Article 41(1), producer responsibility organisations shall make available to end-
users, in particular consumers, the following information regarding the prevention 
and management of packaging waste with respect to the packaging that the producers 
supply within the territory of a Member State:  
(a) the role of end-users  in contributing to w aste prevention, including any best  
practices;  
(b) re-use arrangements available for packaging;  
(c) the role of end-users  in contributing to the separate collection of packaging 
waste materials, including handling of packaging containing hazardous 
products  or waste;  
(d) the meaning of the labels and symbols affixed, marked or printed on packaging 
in accordance with Article 11 or present in the documents accompanying the 
packaged product;  
(e) the impact on the environment and on human health or safety of pe rsons of 
inappropriate discarding of packaging waste, such as littering or discarding in 
mixed municipal waste, and the adverse environmental impact of single -use 
packaging, in particular plastic carrier bags;  
(f) the composting properties and appropriate waste management options for 
compostable packaging.  
2. The information referred to in paragraph 1 shall be up to date and provided by means 
of: 
(a)  a website or other means of electronic communication;  
(b) public information ; 
(c) education programmes and  campaigns ; 
(d) signposting in a language, or languages, which can be easily understood by 
users and consumers.  
3. Where information is provided publicly, the confidentiality of commercially 
sensitive information in conformity with the relevant Union and n ational law shall be 
preserved.  EN 89  EN Article 50 
Reporting to the Commission  
1. Member States shall report to the Commission  for each calendar year the following 
data:  
(a) data on the implementation of Article 46(1), points (a) to (d), and on reusable 
packaging,  
(b) the annual consumption of very l ightweight plastic carrier bags, lightweight 
plastic carrier bags and thick plastic carrier bags  per person, separately for each 
category ;  
(c) the separate collection rate of packaging covered by the obligation to establish 
deposit and return systems set out in Article 44(1), 
Member States may provide data on the annual consumption of very thick plastic 
carrier bags per person . 
2. Member States shall report for each packaging material and type  as listed in Table 1  
of Annex IX for each calendar year data on: 
(a) the amounts of packaging placed on the market  for each packaging type and material 
as listed in Table 1 of Annex IX; 
(b) amounts of separately collected  packaging waste  for each  packaging material as 
listed in Table 1 in the Annex IX; 
(c) the recycling rates;  
(d) installed c apacities for sorting  and recycling for each  packaging type and material  as 
listed in Table 1 of Annex  II. 
3. The first reporting period shall concern :  
(a) with respect to oblig ation s laid down in paragraph 1,  points a and b, and 
paragraph 2, the first full calendar year after  the entry into force of the 
implementing act that establishes the format for reporting to the Commission, 
in accordance with paragraph 7; 
(b) with respect to oblig ation laid down in paragraph 1, point  c, the calendar year 
starting from 1 January 2028.  
4. Member States shall make the data referred to in paragraphs 1 and 2 available 
electronically within 19 months after the end of the reporting year for which the  data 
are collected. They shall report the data electronically within 1 9 months of the end of 
the reporting year for which the data are collected in the format established by the 
Commission in accordance with paragraph 7 . 
5. The data made available by Member States in accordance with this Article shall be 
accompanied by a quality check report. That quality check report shall be presented 
in the format established by the Commission in accordance with paragraph 7.  
6. The data made available by Member Stat es in accordance with this Article shall be 
accompanied by a report on the measures taken pursuant to Article 47(5) and (8), 
including detailed information about the average loss rates where applicable.  
7. The Commission shall, by  [OP: Please insert the da te = 24 months after the date of 
entry into force of this Regulation ], adopt implementing acts  establishing : EN 90  EN (a) rules for the calculation, verification and reporting of data  in accordance with 
paragraphs 1 , points (a) and (c) , and 2, including the methodo logy for determining 
packaging waste generated,  and the format for the reporting;   
(b) the methodology for the calculation of the annual consumption of l ightweight plastic 
carrier bags per person referred to in paragraph 1, point (b), and the format for their 
reporting;  
Those  implementing acts shall be adopted in accordance with the examination 
procedure referred to in Article 59(3). 
8. Member States shall require that all economic operators making packaging available 
in the Member States  provide competen t authorities with accurate and reliable data 
allowing Member States to fulfil their reporting obligations under  this Article, taking 
into account, where relevant, particular problems facing small and medium -sized 
enterprises with regard to the provision o f detailed data.  
Article 51 
Packaging databases  
1. Member States shall take the necessary measures to ensure that databases on 
packaging and packaging waste are established, where not already in place, on a 
harmonised basis . 
2. The databases referred to in  paragraph 1 shall include the following:  
(a)  information on the magnitude, characteristics and evolution of the packaging 
and packaging waste flows at the level of individual Member States;  
(b) information on the toxicity or danger of packaging materials  and components 
used for their manufacture;  
(c)  the data listed in Annex XII .  
 
Chapter VIII 
Safeguard procedures  
Article 52 
Procedure for dealing with packaging  presenting a risk at national level  
1. Without  prejudice to Article 19 of the Regulation (EU)  2019/1020, where the market 
surveillance authorities of one Member State have sufficient reason to believe that 
packaging covered by this Regulation presents a risk to the environment or human 
health, they shall carry out an evaluation in relation to the packaging concerned 
covering all requirements laid down in this Regulation that are relvant to the risk. 
The relevant economic operators shall cooperate as necessary with the market 
surveillance authorities.  
Where, in the course of that evaluation, the mar ket surveillance authorities find that 
the packaging does not comply with the requirements laid down in this Regulation, 
they shall without delay require the relevant economic operator to take appropriate 
and proportionate corrective measures , within a reasonable period prescribed by the 
market surveillance authorities which is commensurate with the nature and, where EN 91  EN relevant the degree of the non -compliance , to bring the packaging in compliance with 
those requirements.  
2. By derogation from pa ragraph 1, in case of risk to human health concerns relating to 
contact sensitive packaging subject to specific legislation aimed at protecting human 
health, the surveillance authorities shall not evaluate a risk to human or animal health 
originating from the packaging material, if transferred to the packaged content of the 
packaging material, but alert the authorities competent for controlling those  risks. 
These authorities shall be the competent authorities referred to in  Regulation (EU) 
2017/625, Regulat ion (EU) 2017/745, Regulation (EU) 2017/746, Directive 
2001/83/EC or Regulation (EU) 2019/6.   
3. Where the market surveillance authorities consider that non -compliance is not 
restricted to their national territory, they shall inform the Commission  and the other 
Member States of the results of the evaluation and of the actions which they have 
required the economic operator to take.  
4. The economic operator shall ensure that all appropriate corrective measures is taken 
in respect of all the concerned packagin g that the economic operator has made 
available on the market throughout the Union.  
5. Where the relevant economic operator does not take adequate corrective measures 
within the period referred to in paragraph1, second subparagraph, or the non -
compliance p ersists, the market surveillance authorities shall take all appropriate 
provisional measures to prohibit the making available of the packaging on their 
national market, to withdraw the packaging from that market or to recall it.  
The market surveillance authorities shall inform the Commission and the other 
Member States, without delay, of those measures.  
6. The information to the Commission and the other Member States referred to in 
paragraph 4 shall be communicated through the information and communicati on 
system referred to in Article 34 of Regulation (EU) 2019/1020 and shall include all 
available details, in particular the data necessary for the identification of the non -
compliant packaging, the origin of the packaging, the nature of the non -compliance 
alleged and the risk involved, the nature and duration of the national measures taken 
and the arguments put forward by the relevant economic operator  and, where 
applicable, the infor mation referred to in Article 54(1). The market surveillance 
authorities s hall also indicate whether the non -compliance is due to either of the 
following:  
(a) failure of the packaging to meet the sustainability  requirements set out in Articles 5 
to 10 of this Regulation;  
(b) shortcomings in the harmonised standards or common specifications referred to in 
Articles 31 and 32  of this Regulation.  
7. Member States other than the Member State initiating the procedure shall without 
delay inform the Commission and the other Member Sta tes of any measures adopted 
and of any additional information at their disposal relating to the non -compliance of 
the packaging concerned, and, in the event of disagreement with the adopted national 
measure, of their objections.  
8. Where, within three mont hs of receipt of the information referred to in paragraph 4, 
no objection has been raised by either a Member State or the Commission in respect EN 92  EN of a provisional measure taken by a Member State, that measure shall be deemed 
justified.  
Provisional measures may provide for a period longer or shorter than three months in 
order to take account of the specificities of the requirements concerned.  
9. Member States shall ensure that the packaging is withdrawn from their market or that 
other appropriate restrictive measures are taken without delay in respect of the 
packaging or the manufacturer concerned.  
Article 53 
Union safeguard procedure  
1. Where, on completion of the procedure set out in Article 52(3) and (4), objections  
are raised against a measure taken by a Member State, or where the Commission 
considers a national measure to be contrary to Union legislation, the Commission 
shall without delay enter into consultation with the Member States and the relevant 
economic operator or operators and shall evaluate the  national measure. On the basis 
of the results of that evaluation, the Commission shall decide  by means of an 
implementing act  whether the national measure is justified or not.  
That implementing act shall be adopted in accordance with the examination  
proce dure referred to in Article 59(3). 
2. The Commission shall address its decision to all Member States and shall without 
delay communicate it to them and the relevant economic operator or operators.  
If the national measure is considered justified, all Member States shall take the 
necessary measures to ensure that the non -compliant packaging  is withdrawn from 
their market, and shall inform the Commission accordingly.  
If the national measure is conside red unjustified, the Member State concerned shall 
withdraw that measure.  
3. Where the national measure is considered justified and the non -compliance of the 
packaging is attributed to shortcomings in the harmonised standards referred to in 
Article 31 of th is Regulation, the Commission shall apply the procedure provided for 
in Article 11 of Regulation (EU) No 1025/2012.  
4. Where the national measure is considered justified and the non -compliance of the 
packaging  is attributed to shortcomings in the common te chnical specifications 
referred to in Article 32 , the Commission shall, without delay, amend or repeal the 
common technical specifications concerned.  
Article 54 
Compliant packaging which presents a risk  
1. Where, having carried out an evaluation under Ar ticle 52, a Member State finds that 
although packaging is in compliance with the applicable requirements set out in 
Articles 5 to 11, it presents a risk to the environment or human health, it shall 
without delay require the relevant economic operator to take all a ppropriate 
measures, within a reasonable period prescribed by the market surveillance 
authorities and commensurate with the nature and, where relevant, the degree of risk, 
to ensure that the packaging concerned, when placed  on the market, no longer 
present s that risk, to withdraw the packaging from the market or to recall it.  EN 93  EN 2. By derogation from paragraph 1, in case of risk to human health concerns  relating to  
contact sensitive packaging subject to specific legislation aimed at protecting human 
health, th e surveillance authorities shall not evaluate a risk to human or animal health 
originating from the packaging material, if transferred to the packaged content of the 
packaging material, but alert the authorities competent for controlling those  risks. 
These  authorities shall be the competent authorities  referred to in  Regulation (EU) 
2017/625, Regulation (EU) 2017/745, Regulation (EU) 2017/746, Directive 
2001/83/EC or Regulation (EU) 2019/6.  
3. The economic operator shall ensure that corrective measures are taken in respect of 
all the concerned packaging that the economic operator has made available on the 
market throughout the Union.  
4. The Member State shall immediately inform the Commission and the other Member 
States of its findings and subsequent actions  pursuant to paragraph 1 . That 
information shall include all available details, in particular the data necessary for the 
identification of the packaging concerned, the origin and the supply chain of the 
packaging, the nature of the risk involved and the na ture and duration of the national 
measures taken.  
5. The Commission shall without delay enter into consultation with the Member States 
and the relevant economic operator or operators and shall evaluate the national 
measures taken. On the basis of the resul ts of that evaluation, the Commission shall 
decide whether the national measure is justified or not and, where necessary, propose 
appropriate measures.  
That implementing act shall be adopted in accordance with the examination 
procedure referred to in Article 59(3). 
On duly justified imperative grounds of urgency relating to the protection of the 
environment or human health, the Commission shall adopt an i mmediately applicable 
implementing act in accordance with the procedure referred to in Article 58(4). 
The Commission shall address its decision to all Member States and shall 
immediately communicate it to them and the relevant economic operator or 
operators.  
Article 55 
Controls on packaging entering the Union market  
1. Market surveillance authorities shall communicate without delay to the authorities 
designated pursuant to Article 25(1) of Regulation (EU) 2019/1020 the measures 
referred to in Articl e 52(4) of this Regulation where the non -compliance is not 
restricted to their national territory. This communication shall include all relevant 
information, in particular the details necessary for the identification of the non - 
compliant packaging to whic h the measures apply and, in case of packaged product, 
the product itself . 
2. The communication of information referred to in paragraph 1 shall take place 
through entering the information in the relevant customs risk management 
environment.  
3. The Commissi on shall develop an interconnection to automate the communication 
referred to in paragraph 1 from the information and communication system referred 
to in Article 52(5) to  the environment referred to in paragraph 3. That EN 94  EN interconnection shall start operating no later than two years from the date of the 
adoption of the implementing act referred to in paragraph 5.  
4. The Commission is empowered to adopt implementing acts specifying  the procedural 
rules and the details of the implementation arrangements for paragraph 4, including 
the functionalities, data elements and data processing, as well as the rules on the 
processing of personal data, confidentiality and controllership fo r the interconnection 
referred to in paragraph 4.  Those implementing acts shall be adopted in accordance 
with the examination procedure pursuant to Article 59(3). 
Article 56 
Formal non -compliance  
1. Where a Member State makes one of the following findings,  it shall require the 
relevant economic operator to put an end to the non -compliance concerned:  
(a) the EU declaration of conformity has not been drawn up  
(b) the EU declaration of conformity has not been drawn up correctly;  
(c) the QR code or data carrier  referred to in Article 11 do not provide access to 
the required information in accordance with that Article;  
(d) the technical documentation referred to in Annex VII  is not available, is not 
complete or contains errors;  
(e) the information referred to in Article 1 3(6) or Article 1 6(3) is absent, false or 
incomplete;  
(f) any other administrative requirement set out in Article 13 or Article 1 6 is not 
fulfilled;  
(g) the requirements on restrictions on uses of certain packaging formats and on 
excessive packaging set out in Articles 21 and 2 2 are not complied with;  
(h) in relation to reusable packaging, the requirements on the establishment, 
operation and participation in a system for re -use referred to in Article 24 are 
not fulfilled;  
(i) in relation to refill, the information requirements set out in Article 2 5(1) and 
(2) are not fulfilled;  
(j) the requirements on the refill stations set out in Article 2 5(3) are not ful filled;  
(k) the re -use and refill targets in Article 26 are not achieved.  
2. Where the non -compliance referred to in paragraph 1, points (a) to (f), persists, the 
Member State concerned shall take all appropriate measures to prohibit the 
packaging  being ma de available on the market or ensure that it is recalled or 
withdrawn from the market.  
3. Where the non -compliance referred to in paragraph 1, points (g) to (k), persists, 
Member States shall apply the rules on penalties applicable to infringements of this  
Regulation which are laid down by the Member States in accordance with Article 62. EN 95  EN Chapter IX 
Green public procurement  
Article 57 
Green public procurement  
1. Contracting authorities, as defined in Article 2(1) of Directive 2014/24/EU or Article 
3(1) of Directive 2014/25/EU, or contracting entities, as defined in Article 4(1) of 
Directive 2014/25/EU , shall, when awarding any public contracts for packaging or 
packaged products or for services using packaging or packaged products in situations 
covered by th ose Directives, apply the green public procurement criteria to be 
developed in delegated acts adopted pursuant to paragraph 3 . 
2. The obligation set out in paragraph 1 shall apply to any procedure for procurement 
by contracting authorities or contracting e ntities for the awarding of public contracts 
for packaging or packaged products or for services using packaging or packaged 
products , which is initiated 12 months or later after the entry into force of the 
respective delegated act to be adopted pursuant to  paragraph 3.   
3. The Commission shall , by [OP: please insert the date = 60 months after the date of 
entry into force of this Regulation ], adopt delegated acts in accordance with Article 
58 supplementing this Regulation by establishing minimum mandatory gr een public 
procurement criteria based on the requirements set out in Article 5 to 10 and on the 
following  elements : 
(a) the value and volume of public contracts awarded for packaging or packaged 
products or for the services or works using packaging or packaged products;  
(b) the need to ensure sufficient demand for more environmentally sustainable 
packaging or packaged prod ucts;  
(c) the economic feasibility for contracting authorities or contracting entities to 
buy more environmentally sustainable packaging or packaged products, 
without entailing disproportionate costs.  
Those green public procurement criteria shall be  developed in accordance with the 
principles contained in  Directive 2014/24/EU and in Directive 2014/25/EU and with 
the principle that the packaging to be  chosen on the basis of those criteria  facilitates 
the achievement of the objectives of this Regulatio n. 
Chapter X  
Delegated powers and committee procedure  
Article 58 
Exercise of the delegation  
1. The power to adopt delegated acts is conferred on the Commission subject to the 
conditions laid down in this Article.  
2. The power to adopt delegated acts referr ed to in Article  5(5), Article 6(4 ), Article 
6(6),  Article 7(9), Article 7( 10), Article 7( 11), Article 8(5) , Article 22( 4), Article 
26(16) and Article 57(3) shall be conferred on the Commission for a period of ten 
years from date of entry into force of this Regulation. The Commission shall draw up 
a report in respect of the delegation of power no later than nine months before the EN 96  EN end of the five -year period. The delegation of power shall be tacitly extended for 
periods of an identical duration, unless the European Parliament or the Council 
opposes such extension no later than 3 months before the end of each period.  
3. The delegation of power referred to in Article 5(5), Article 6 (4), Article 6(6) , Article 
7(9), Article 7( 10), Article 7( 11), Article 8(5) , Article 22( 4), Article 26( 16) and 
Article 57(3) may be revoked at any time by the European Parliament or by the 
Council. A decision to revoke shall put an end to the delegation of the power 
specified in that decision. It shall take effect the day following the publication of the 
decision in the Official Journal of the European Union  or at a later date specified 
therein. It shall not affect the validity of any delegated acts already in force.  
4. Before adopting a delegated act, the Commission shall consult experts designated by 
each Member State in accordance with the principles laid down in the 
Interinstitutional Agreement of 13 April 2016 on Better Law -Making.  
5. As soon as it adopts a delegated act, the Commission shall notify it simultaneously to 
the European Parliament and to the Council.  
6. A delegated act adopted pursuant to Article 5(5), Article 6( 4), Article 6(6),  Article 
7(9), Article 7( 10), Article 7( 11), Article 8(5), Article 22( 4), Article 26( 16) and 
Article 57(3) shall enter into force only if no objection has been expressed either by 
the European Parliament or the Council  within a period of two  months of notification 
of that act to the European Parliament and the Council or if, before the expiry of that 
period, the European Parliament and the Council have both informed the 
Commission that they will not object. Th at period shall be extended by two  months 
at the initiative of the European Parliament or of the Council.  
Article 59 
Committee procedure  
1. The Commission shall be assisted by the committee referred to in Article 39 of 
Directive 2008/98/EC. That committee shall be a  committee within the meaning of 
Regulation (EU) No 182/2011.  
2. Where reference is made to this paragraph, Article 4 of Regulation (EU) No 
182/2011 shall apply.  
3. Where reference is made to this paragraph, Article 5 of Regulation (EU) No 
182/2011 shall a pply.  
Where the committee delivers no opinion, the Commission shall not adopt the draft 
implementing act in respect of the implementing powers referred to in Article 72, 
and Article 5(4), third subparagraph, of Regulation (EU) No 182/2011 shall apply.  
4. Where reference is made to this paragraph, Article 8 of Regulation (EU) No 
182/2011, in conjunction with Article 5 of that Regulation, shall apply.  
Chapter XI  
Amendments  
Article 60 
Amendments to Regulation (EU) 2019 /1020   
Regulation (EU) 2 019/1020 is amend ed as follows:  EN 97  EN (a)  Annex I  is amended as follows:  
(i) point 9 is deleted ; 
(ii) the following  point s are added:  
’X [OP Please insert the next consecutive number ] Directive (EU) 
2019/904 of the European Parelimant and of the Council of 5 June 2019 
on the reduction of the impact of certain plastic products on the 
environment (OJ L 155, 12.6.2019, p.1) ; 
‘X [OP Please insert the next consecutive number ] Regulation (EU )…/… 
on packaging and packaging waste, amending Regulation (EU) 
2019/1020 and repealing  Direcitve 94/62/EC  [for the Publications Office 
to fill in the OJ publication details ]. 
 (b)  in Annex II, point 8 is deleted . 
Article 61 
Amendments to Directive (EU) 2019/904  
Directive (EU) 2019/904 is amended as follows:  
(a)  in Article 6(5) , point (b), is deleted ; 
(b) in Article 13(1), point (e), is deleted ; 
(c) Article 13(3) is be replaced  by ‘3. The Commission shall review the data and 
information reported in accordance with this Article and publish a report on the 
results of its review. The report sh all assess the organisation of the collection of 
the data and information, the sources of data and information and the 
methodology used in Member States as well as the completeness, reliability, 
timeliness and consistency of that data and information. The assessment may 
include specific recommendations for improvement. The report shall be drawn 
up after the first reporting of the data and information by the Member States 
and every four years thereafter.’  
 
Chapter XI I 
Final provisions  
Article 62 
Penalties  
1. By [OP: Please insert the date = 24 months after the date of entry into  force of this 
Regulation ], Member States shall lay down the rules on penalties applicable to 
infringements of this Regulation and shall take all measures necessary to ensure that 
they are implemented. The penalties provided for shall be effective, proportionate 
and dissuasive. Failure to comply with the requirements of Articles 2 1 to 26 shall be 
sanctioned by an administrative fine imposed on the relevant economic operator.  
2. Where t he legal system of the Member State does not provide for administrative 
fines, the first paragraph may be applied in such a manner that the fining procedure is 
initiated by the relevant  authority and imposed by competent national courts, while 
ensuring tha t those legal remedies are effective and have equivalent effect to the EN 98  EN administrative fines referred to in that paragraph . In any event, the fines imposed 
shall also be effective, proportionate and dissuasive.  
3. Member States shall , by [OP: please insert the date = 1 year after the date of entry 
into force of this Regulation ], notify the Commission of those rules and of those 
measures and shall notify it, without delay, of any subsequent amendment affecting 
them.  
Article 63 
Evaluation  
By [OP: Please insert  the date =  8 years after the date of application of this Regulation ], the 
Commission shall carry out an evaluation of this Regulation and of its contribution to the 
functioning of the internal market and the improvement of the environmental sustainability  of 
packaging . The Commission shall present a report on the main findings of that evaluation to 
the European Parliament, the Council, the European Economic and Social Committee, and the 
Committee of the Regions. Member States shall provide the Commission w ith the information 
necessary for the preparation of that report.  
Article 64 
Repeal and transitional provisions  
 
Directive  94/62/EC is repealed with effect from [OP: Please insert the date = 12 months after 
the date of entry into force of this Regulation ]. 
However , the following transitional provisions  shall apply:  
(a) Article 8(2) of Directive 94/62/EC shall continue to apply until [OP: 
Please insert the date  = 42 months after  the date of entry into force of this 
Regulation ]; 
(b) Article 5(2) and (3), Article 6(1), points (d) and (e), and Article 6a  of 
Directive 94/62 /EC shall continue to apply until [OP: Please insert the 
date =  the last day  of the calendar year following 36 months after the 
data entry into force of this Regulatio n]; 
(c) Article s 12(3a), (3b), (3c) and (4)  of Directive 94/62/EC  shall continue to 
apply until [OP: Please insert the date  = the last day of the calendar year 
following 36 months after the  date entry into force of this Regulation ], 
except as regards the transmission of data to the Commission which shall 
continue to apply until [OP: Please insert the date  = the last day of the 
calendar year following 54 months after the  date entry into force of this 
Regulation ]. 
References to the repealed Directive shall be construed as references to this Regulation and 
shall be read in accordance with the correlation table in Annex XI II. 
 
Article 65 
Entry into force and application  
This Regulation shall enter into force on the twentieth day follow ing that of its publication in 
the Official Journal of the European Union . EN 99  EN It shall apply from  [OP: Please insert the date  = 12 months after the date of entry into force 
of this Regulation ]. 
This Regulation shall be binding in its entirety and directly applicable in all Member States.  
Done at Brussels,  
For the European Parliament  For the Council  
The President  The President  EN 100  EN LEGISLATIVE FINANCIAL STATEMENT   
1. FRAMEWORK  OF THE  PROPOSAL/INITIATIVE   
1.1. Title of the proposal/ini tiative  
Proposal for a Regulation of the European Parliament and of the Council on 
packaging and packaging waste, amending Regulation (EU) 2019/1020 and Directive 
(EU) 2019/904, and repealing Directive 94/62/EC   
1.2. Policy area(s) concerned   
03 – Single Market  
09 – Environment & Climate Change  
1.3. The proposal/initiative relates to:  
 a new action   
 a new action following a pilot project/preparatory action1  
 the extension of an existing action   
 a merger or redirection of one or more actions towards  another/a new action   
1.4. Objective(s)  
1.4.1.  General objective s 
The general objective of the legislative proposal is to reduce negative environmental 
impacts of packaging and packaging waste and improve the functioning of the 
internal market, thus boost ing efficiency gains in the sector. The aim is to create a 
resilient value chain, starting from the design of the packaging till its re -use or -
integration in high quality products, thus creating innovative, “green” jobs in a low 
carbon packaging industry.   
1.4.2.  Specific objective s 
1. Reduce the generation of packaging waste ;  
2. Promote a circular economy for packaging in a cost -efficient way ;  
3. Promote the uptake of recycled content in packaging .  
1.4.3.  Expected result(s) and impact  
The modelling of the preferred option suggests for 2030 a reduction of waste 
generation, reduction in GHG, and environmental externalities avoided.  
Reduced waste management costs and reduced sales and consumption of packaging 
result in overall economic sav ings. The complex impacts on employment are 
estimated to result in a slight net increase of about 29.000 “green” jobs.  
                                                 
 
1 As referred to in Article 58(2)(a) or (b) of the Financial Regulation.  EN 101  EN The preferred option results in a  decrease in fossil fuel needs and increase s the 
overall packaging recycling rate by 6.5  % in 2030, whe reas landfill is decreased by 9  
%. This push for circularity results in significantly reduced needs of virgin raw 
materials such as wood, glass and aluminium.  
Overall, moving towards a more circular economy within packaging would deliver 
benefits such as e mpowering consumers, reducing negative impacts on the 
environment and human health, reducing the EU`s import dependency for raw 
materials and fossil fuel, stimulating innovation and boosting economic growth, and 
finally reducing unnecessary household expen ditures.  
1.4.4.  Indicators of performance  
The indicators of progress and achievement of the objectives will be:  
Increased quality of recyclates (secondary raw materials);  
Improved recycling efficiencies and higher material recovery for packaging materials  
(e.g. plastic, metal, glass, paper/cardboard, textile, w ood, ceramics ); 
All packaging will be fully recyclable by 2030;  
Extended Responsibility Schemes fees are properly modulated;  
Mandatory targets for recycled content for plastic packaging;  
Re-use and r efill targets for certain sectors.  
1.5. Grounds for the proposal s / initiative s  
1.5.1.  Requirement(s) to be met in the short or long term including a detailed timeline for 
roll-out of the implementation of the initiative  
The detailed requirements would n eed to be specified  through 
implementing/delegated acts in a time horizon of 3 -8 years. A series of actions in 
terms of delegated or implementing acts and possibly  impact assessment reports will 
stem from this proposed Regulation. These will cover verifica tion of compliance 
with sustainability requirements, conformity checking system, sustainability 
requirements, as well as information and labelling. A detailed list of these envisaged 
actions is provided below:  
- Reporting obligations  on recycling targets, collection of certain packaging formats 
and consumption of plastic carrier bags ; 
- Recyclability  requirements for certain packaging categories ;  
- Harmonised reporting rules for extended reporting responsibility schemes;  
- Harmonised calculation and verification rules for the recycled content in packaging;  
- Review recycled content targets  in light of technical and economic developments;  
- Harmonisation rules for the labelling requirements and formats for consumer 
sorting, reusable packaging, recycled  content, compostable and a QR code  and other 
digital data carriers ; 
- Review exemptions to restrictions on substances of concern in packaging;  
- Establish minimum mandatory gre en public procurement criteria. - 
1.5.2.  Added value of Union involvement (it may result from different factors, e.g. 
coordination gains, legal certainty, greater effectiveness or complementarities). For EN 102  EN the purposes of this point 'added value of Union involvement' is the value resulting 
from Union intervention which is additional t o the value that would have been 
otherwise created by Member States alone.  
Recent internal market notifications from the Member States show that the 
implementation of some not -fully -harmonised provisions of the currently applicable 
Packaging and Packaging Waste Directive  (PPWD) , such as labelling requirements, 
or vague requirements, such as essential requirements on packaging minimisation or 
recyclability, are causing additional cost to the economic operators. These are 
strongly calling for further harmonisation not only to be able to work more cost 
efficient ly, but also to overcome regulatory uncertainty about the environmental 
requirements for packaging, so that appropriate infrastructure investments can be 
made.  
The problems cannot be sufficiently  addressed by the Member States alone. The EU 
packaging market is in many respects one large market, rather than 27 individual 
markets. The packaging market is characterised by high -levels of cross -border trade 
between Member States, with many producers pl acing packaging on the market in 
multiple Member States. National initiatives in many aspects  contribute to further 
fragmentation of the internal market  and lack of effectiveness . Similarly, the 
packaging -related environmental concerns are widespread, with  key underlying 
causes being common across all Member States.  
There is clear added value in setting common requirements at EU level, as this will 
ensure a harmonised and well -functioning internal market and, therefore, a level 
playing field for packaging producers. With requirements and targets set at EU level, 
the move towards packaging being reusable or recyclable in an economically viable 
manner will take place in a coherent way in all Member States, creating a larger and 
more efficient market. Harnessi ng its strength to support the move towards a circular 
economy for packaging will support the achievement of targets in a more cost -
effective way.  
Economies of scale will be achieved through consistent approaches to, for example, 
influencing packaging desi gn in such a way that packaging can be more cost -
efficiently collected, sorted and recycled everywhere in the EU. Member State action 
alone could not achieve such harmonisatio n and thus economies of scale.  
1.5.3.  Lessons learned from similar experiences i n the past  
A number of related initiatives are very important for packaging: The Waste 
Framework Directive (WFD) establishes horizontally applicable concepts related to 
waste generation and waste management, including waste treatment, recycling and 
recover y. It creates the waste hierarchy, giving priority to waste prevention over 
reuse and/or recycling, subsequently recycling over other recovery options and final 
disposal via landfilling. Further, it obliges Member States to have in place 
functioning Extend ed Producer’s Responsibility (EPR) schemes, which ensure that 
producers of products bear responsibility for the management of the waste stage of 
their products. In the Circular Economy Action Plan (CEAP), the Commission 
committed to assess feasibility of h armonising the separate waste collection systems 
in the Member States.  
The Single -Use Plastic Directive (SUPD) focusses - amongst other plastic products  - 
also on certain plastic packaging (e.g. carrier bags, beverages cups, food and 
beverage containers in cluding bottles) with the main purpose to prevent littering and EN 103  EN its environmental impact. It contains product bans, the obligation for Member States 
to ensure the separate collection for recycling and to reduce the volume of certain 
groups of single use pl astics. Finally, it established minimum recycled content targets 
for single use plastic beverage bottles.  
Another legal act with respect to plastic packaging is the 2020 Own Resource 
Decision (ORD), which established an own resource based on plastic packa ging 
waste not recycled in a specific Member States, irrespective whether this Member 
States meets the target or not. The ORD creates an incentive for Member States to 
put in place measures in the pursuit of high recycling rates for plastic packaging. It 
gives flexibility to the Member States in deciding on their efforts to have high plastic 
recycling rates in line with the WFD.  
However, the PPWD is the main EU -level instrument dealing with placing on the 
market of packaging and requirements for its end -of life. There are also provisions 
on packaging or relevant to it in other EU legislation. The revi ew of the PPWD has 
resulted in proposing a  comprehensive Regulation setting sustainability requirements 
for packaging ( recyclability, bio -based, compostable and  bio-degradable packaging, 
use of recycled content and hazardous substances in packaging ), dealing with 
packaging waste prevention  and re -use, labelling for separate collection, collection 
and recycling of packaging, deposit and return systems,  EPR requirements and 
packaging related green public procurement requirements.  
1.5.4.  Compatibility with the Multiannual Financial Framework and possible synergies 
with other appropriate instruments  
The initiative s fall  under the umbrella of the European Gr een Deal, which guides the 
EU's recovery strategy.  The Green Deal recognises the advantages of investing in our 
competitive sustainability by building a fairer, greener and more digital Europe. This 
includes circular economy, which is the main driver of in creasing material recovery 
and improving quality of secondary raw materials.  
The support and commitment of the European Commission in the research in the 
field of circular economy and in particular of better design of packaging and 
improving material recov ery is expressed by the number of projects funded under the 
H2020 programme (over to 100 projects) and the financial contribution to their 
implementation (around 500 Million Euros). The results of these projects will 
support and promote circularity and rec yclability of packaging formats.  
1.5.5.  Assessment of the different available financing options, including scope for 
redeployment  
In theory, national legislations in Member States could have been established. 
However, there would have been no guarantee of  consistent application across the 
EU and would inevitably contribute to further fragmentation of the internal market.  
Tasks related to development of secondary legislation at the EU level cannot be 
externalised.  
 EN 104  EN 1.6. Duration and financial impact of the proposal/initiative  
 limited duration  
–  in effect from [DD/MM]YYYY to [DD/MM]YYYY  
–  Financial impact from YYYY to YYYY for commitment appropriations and 
from YYYY to YYYY for payment appropriations.  
 unlimited duration  
– Implementation with a start -up period from 2023 to 202 7 
– followed by full -scale operation.  
1.7. Management mode(s) planned2  
 Direct management  by the Commission  
–  by its departments, including by its staff in the Union delegations;  
–  by the executive agencies  
 Shared management  with the Member States  
 Indirect management  by entrusting budget implementation tasks to:  
–  third countries or the bodies they have designated;  
–  international organisations and their agencies (to be specifi ed); 
–  the EIB and the European Investment Fund;  
–  bodies referred to in Articles 70 and 71 of the Financial Regulation;  
–  public law bodies;  
–  bodies governed by private law with a public service mission to the extent that 
they provide adequate financial guarantees;  
–  bodies governed by the private law of a Member State that are entrusted with 
the implementation of a public -private partnership and that provide adequate 
financial guarantees;  
–  persons entrusted with the implementation of specific actions in  the CFSP 
pursuant to Title V of the TEU, and identified in the relevant basic act.  
                                                 
 
2 Details of management modes and references to the Financial Regulation may be found on the 
BudgWeb site: 
https://myintracomm.ec.europa.eu/budgweb/EN/man/budgmanag/Pages/budgmanag.aspx   EN 105  EN 2. MANAGEMENT  MEASURES   
2.1. Monitoring and reporting rules  
Specify frequency and conditions.  
Standard rules for this type of expenditure apply . 
2.2. Management and control system(s)  
2.2.1.  Justification of the management mode(s), the funding implementation mechanism(s), 
the payment modalities and the control strategy proposed  
N/A – cf. above.  
2.2.2.  Information concerning the risks identif ied and the internal control system(s) set up 
to mitigate them  
N/A – cf. above.  
2.2.3.  Estimation and justification of the cost -effectiveness of the controls (ratio of "control 
costs ÷ value of the related funds managed"), and assessment of the expected le vels 
of risk of error (at payment & at closure)  
N/A – cf. above.  
2.3. Measures to prevent fraud and irregularities  
Specify existing or envisaged prevention and protection measures, e.g. from the Anti -Fraud Strategy.  
N/A – cf. above.  
 EN 106  EN 3. ESTIMATED  FINANCIAL  IMPACT  OF THE  PROPOSAL/INITIATIVE   
3.1. Heading(s) of the multiannual financial framework and expenditure budget 
line(s) affected  
 Existing budget lines  
In order  of multiannual financial framework headings and budget lines.   
Heading of 
multiannual 
financial 
framework  Budget line  Type of  
expenditure  Contribution  
Number  
 Diff./Non -
diff.1 from 
EFTA 
countries2 
 from 
candidate 
countries3 
 from third 
countries  within the 
meaning of 
Article  21(2)(b) of 
the Financial 
Regulation  
1 03 02 05 Single Market Programme 
— Producing and disseminating high 
quality statistics on Europe  Diff.  NO NO NO NO 
3 09 02 02 Circular Economy  and 
quality of life  Diff.  YES  NO /NO NO 
7 20 01 02 01 – Remuneration and 
allowances  Non-
diff. NO NO NO NO 
7 20 02 01 01 Contract staff  Non-
diff. NO NO NO NO 
7 20 02 01 03 – National civil servants 
temporarily assigned to the institution  Non-
diff. NO NO NO NO 
7 20 02 06 01 - Mission and 
representation expenses  Non-
diff. NO NO NO NO 
7 20 02 06 02 – Meetings, expert groups  Non-
diff. NO NO NO NO 
 New budget lines requested  
N/A 
                                                 
 
1 Diff. = Differentiated appropriations / Non -diff. = Non -differentiated appropriations.  
2 EFTA: European Free Trade Association.  
3 Candidate countries and, where applicable, potential candidates from the Western Balkans.   
EN 107  EN 3.2. Estimated financial impact of the proposal on appropriations  
3.2.1.  Summary of estimated impact on operational appropriations  
–  The proposal/initiative does not require the use of operational appropriations  
–  The proposal/initiative requires the use of operational appropriations, as explained below : 
EUR million (to three decimal places)  
 
Heading of multiannual financial  
framework  1 Single market, innovation and digital  
 
DG: ESTAT    
2023  2024  2025  2026  2027  
and 
beyond  TOTAL  
 Operational appropriations        
03 02 05 Single Market Programme — 
Producing and disseminating high quality 
statistics on Europe  Commitments  (1) 0.090  0.090  0.090  0.125  0.140  0.535  
Payments  (2) 
0.090  0.090  0.090  0.125  0.140  0.535  
TOTAL appropriations  
for DG  ESTAT  Commitments  =(1) 0.090  0.090  0.090  0.125  0.140  0.535  
Payments  =(2) 0.090  0.090  0.090  0.125  0.140  0.535  
 
In order to support the data collection  in the area of packaging and packaging waste , service contracts for methodology and validation are 
needed, increasing in volume in 2026 and 2027 because of the new reporting obligation.  The expected result of these actions is an increase in 
data quality which will not only benefit packaging and packaging waste and plastic carrier bags, but also the plastic own res ource  
 
 
  
EN 108  EN Heading of multiannual financial  
framework  3 Natural resources and environment  
 
DG: ENV    
2023  2024  2025  2026  2027  
and 
beyond  TOTAL  
 Operational appropriations        
09 02 02 Circular Economy  and quality of 
life Commitments  (1) 0,500  0,500  0,500  0,200  0,400  2,100  
Payments  (2) 0,500  0,500  0,500  0,200  0,400  2,100  
TOTAL appropriations  
for DG  ENV  Commitments  =(1) 0,500  0,500  0,500  0,200  0,400  2,100  
Payments  =(2) 0,500  0,500  0,500  0,200  0,400  2,100  
DG ENV costs stem from procurement needs for data collection and analysis on recyclability of  packaging types, establishing a methodology for 
recycled content in plastic packaging etc. (estimated 2.1 million EUR for the period 2023 -2027).  
 
– . 
 TOTAL operational appropriations    2023  2024  2025  2026  2027  TOTAL  
Commitments  (4) 0,590  0,590  0,590  0,325  0,540  2,635  
Payments  (5) 0,590  0,590  0,590  0,325  0,540  2,635  
TOTAL appropriations  
under HEADING 1 to 3  
of the multiannual financial framework  Commitments  =4 0,590  0,590  0,590  0,325  0,540  2,635  
Payments  =5 
0,590  0,590  0,590  0,325  0,540  2,635  
 
Heading of multiannual financial  
framework  7 ‘Administrative expenditure’   
EN 109  EN This section should be filled in using the 'budget data of an administrative nature' to be firstly introduced in the Annex to the Legislative 
Financial Statement  (Annex V to the internal rules), which is up loaded to DECIDE for interservice consultation purposes.  
EUR million (to three decimal places)  
   
2023  2024  2025  2026  2027 
and 
beyond  TOTAL  
DG: ENV   
□ Human resources  0,644  0,732  0,732  0,817  0,817  3,742  
□ Other administrative expenditure  0,484  0,484  0,484  0,484  0,484  2,420  
TOTAL DG ENV  Appropriations  1,128  1,216  1,216  1,301  1,301  6,162  
3 AD  posts are needed (existing staff) for the negotiation and general implementation of the regulation. and the different prepara tory work and 
drafting of secondary legislation according to the deadlines proposed in the Packaging and Packaging Waste Regulatio n. 
4 additional contractual staff (2 SNE  and 2 CAs)  are needed to perform the technical work, including:  
- Continuous review of technical and economic developments related to  packaging and material availability ;  
- Reporting obligations on recycling target s, collection of certain packaging formats and consumption of plastic carrier bags’  
- Recyclability requirements for certain packaging categories;  
- Harmonised reporting rules for extended reporting responsibility schemes;  
- Harmonised calculation and ve rification rules for the recycled content in packaging;  
- Review recycled content targets in light of technical and economic developments;  
- Harmonisation rules for the labelling requirements and formats for consumer sorting, reusable packaging, recycled c ontent, compostable and a 
QR code and other digital data carriers; - Review exemptions to restrictions on substances of concern in packaging;  
- Establish minimum mandatory green public procurement criteria;  
 
  
EN 110  EN  
   
2023  2024  2025  2026  2027 
and 
beyond  TOTAL  
DG: ESTAT   
□ Human resources  0,157  0,157  0,242  0,242  0,242  1,040  
□ Other administrative expenditure        
TOTAL DG ESTAT  Appropriations  0,157  0,157  0,242  0,242  0,242  1,040  
ESTAT  currently devotes half AD post for validation and methodological guidance of packaging and packaging waste and lightweight ca rrier 
plastic bags. In order to address the many challenges related to packaging and packaging waste and consumption of lightweigh t carrier plastic 
bags, quality statistics based on exhaustive and comparable measures across countries are needed. For example, measuring reus able packaging in 
open loop systems poses several technical challenges. For the purpose of development of better methodological guidance and technical support 
and follow -up with Member States, an additional half AD is needed from 2023.  
For the development and set up of the methodology for the additional reporting obligation on recyclability for 2028, a CA pos ition i s needed 
from  2025  onwards . 
 
TOTAL appropriations  
under HEADING  7 
of the multiannual financial framework   (Total commitments = 
Total payments)  
1,285  1,373  1,458  1,543  1,543  7,202  
EUR million (to three decimal places)  
   
2023  2024  2025  2026  2027 
and 
beyond  TOTAL  
TOTAL appropriations  
under HEADINGS 1 to 7  
of the multiannual financial framework   Commitments  1,875  1,963  2,048  1,868  2,083  9,837  
Payments  1,875  1,963  2,048  1,868  2,083  9,837   
EN 111  EN  
3.2.2.  Estimated output funded with operational appropriations  
Commitment appropriations in EUR million (to three decimal places)  
Indicate 
objectives and 
outputs  
 
   Year 
N Year 
N+1 Year 
N+2 Year 
N+3 Enter as many years as necessary to show the 
duration of the impact (see point 1.6)  TOTAL  
OUTPUTS  
Type1 
 Avera
ge 
cost 
No 
Cost 
No 
Cost 
No 
Cost 
No 
Cost 
No 
Cost 
No 
Cost 
No 
Cost Total 
No Total 
cost 
SPECIFIC OBJECTIVE No 12…                 
- Output                    
- Output                    
- Output                    
Subtotal for specific objective No 1                  
SPECIFIC OBJECTIVE No 2 ...                  
- Output                    
Subtotal for specific objective No 2                  
                                                 
 
1 Outputs are products and services to be supplied (e.g.: number of student exchanges financed, number of km of roads built, et c.). 
2 As described in point 1.4.2. ‘Specific objective(s)…’   
EN 112  EN TOTALS                   
EN 113  EN 3.2.3.  Estimated impact on  the COM  administrative appropriations  
3.2.3.1.  Summary of estimated impact on administrative appropriations  
–   The proposal/initiative does not require the use of appropriations of an 
administrative nature  
–  The proposal/initiative requires the use of appropriations of an administrative 
nature, as explained below:  
3.2.3.2.   
EUR million (to three decimal places)  
 
2023  2024  2025  2026  2027 and 
beyond  TOTAL  
 
HEADING 7  
of the multiannual 
financial framework        
Human resources  0,801  0,889  0,974  1,059  1,059  4,782  
Other administrative 
expenditure  0,480  0,480  0,480  0,480  0,480  2,400  
Subtotal HEADING 7  
of the multiannual 
financial framework  1,285  1,373  1,458  1,543  1,543  7,202  
 
Outside HEADING 71 
of the multiannual 
financial framework  
 N/A N/A N/A N/A N/A N/A 
Human resources        
Other expenditure  
of an administrative 
nature        
Subtotal  
outside HEADING 7  
of the multiannual 
financial framework  N/A N/A N/A N/A N/A N/A 
 
TOTAL  1,285  1,373  1,458  1,543  1,543  7,202  
                                                 
 
1 Technical and/or a dministrative assistance and expenditure in support of the implementation of EU  programmes 
and/or actions (former ‘BA’ lines), indirect research, direct research.   
EN 114  EN The appropriations required for human resources and other expenditure of an administrative nature will be met by 
appropriations from the DG that are already assigned to management of the action and/or have been redeployed within the 
DG, together if necessary with any additional allocation which may be granted to the managing DG under the annual 
allocation procedure and in the light  of budgetary constraints.  
3.2.3.3.  Estimated requirements of human resources  
–  The proposal/initiative does not require the use of human resources.  
–  The proposal/initiative requires the use of human resources, as explained 
below:  
 
 
Estimate to be expre ssed in full time equivalent units  
 
2023  2024  2025  2026  2027 
and 
beyond  
20 01 02 01  (Headquarters and Commission’s Representation 
Offices)  4  4  4  4  4  
20 01 02 03 (Delegations)            
01 01 01 01 (Indirect research)            
 01 01 01 11 (Direct research)            
Other budget lines (specify)            
20 02 01  (AC, END, INT from the ‘global envelope’)  2 3 4  5  5 
20 02 03 (AC, AL, END, INT and JPD in the delegations)            
XX 01 xx yy zz 2 
            
           
01 01 01 02  (AC, END, INT - Indirect research)            
 01 01 01 12 (AC, END, INT - Direct research)            
Other budget lines (specify)            
TOTAL  6 7 8  9 9 
XX is the policy area or budget title concerned.  
The human resources required will be met by staff from the DG who are already assigned to management of the 
action and/or have been redeployed within the DG, together if necessary with any additional allocation which 
may be granted to the managing DG under the annual allocation procedure a nd in the light of budgetary 
constraints.  
Description of tasks to be carried out:  
Officials and temporary staff  DG ENV: 3 AD posts are needed (existing staff) for the negotiation and general 
implementation of the regulation. and the different preparatory work and drafting of 
secondary legislation according to the deadlines proposed in the Packaging and 
Packaging Waste Regulation.   
DG ESTAT: Staff will measure reusable packaging in open loop systems poses 
several technical challenges. For the purpose of dev elopment of better methodological 
guidance and technical support and follow -up with Member States, an additional half 
                                                 
 
2 Sub-ceiling for external staff covered by operational appropriations (former ‘BA’ lines).   
EN 115  EN AD is needed from 2023. IT support is ensured by horizontal services in the unit 
ESTAT.E.2, which are estimated to be 1/20 of an AST post for the packaging and 
packaging waste and lightweight carrier plastic bags data collections.   
  
  
2023   2024   2025   2026   2027   
1 AD (0.5 existing, 0.5 
new) 
0.05 AST (existing)   1 AD (0.5 existing, 0.5 
new) 
0.05 AST (existing)   1 AD (0.5 existing, 0.5 
new) 
0.05 AST (existing)   1 AD (0.5 existing, 0.5 
new) 
0.05 AST (existing)   1 AD (0.5 existing, 
0.5 new)  
0.05 AST (existing)   
  
 
 
External staff  The END positions (existing) and the CA (additional) are needed to perform the 
technical work, supporting the preparation of acts relating to:   
 Reporting obligations on recycling targets, collection of certain 
packaging formats and consumption of plastic carrier bags’  
 Recyclability requirements for certain packaging categories;  
 Harmonised reporting rules for extended reporting responsibility 
schemes;  
 Harmonised calculation and verification rules for the recycled content in 
packaging;  
 Review recycled content targets in light of technical and economic 
developments;  
 Harmonisation r ules for the labelling requirements and formats for 
consumer sorting, reusable packaging, recycled content, compostable 
and a QR code and other digital data carriers;  
 Review exemptions to restrictions on substances of concern in 
packaging;  
 Establish minimu m mandatory green public procurement criteria;  
The execution of these tasks require 4 additional contractual staff, 2 SNE and 3 CAs 
(1 CA is allocated to ESTAT)    
EN 116  EN 3.2.4.  Compatibility with the current multiannual financial framework  
The proposal/initiative:  
–  can be fully financed through redeployment within the relevant heading of the 
Multiannual Financial Framework (MFF).  
–  requires use of the unallocated margin under the relevant heading  of the MFF 
and/or use of the special instruments as defined in the MFF Regulation.  
–  requires a revision of the MFF.  
3.2.5.  Third -party contributions  
The proposal/initiative:  
–  does not provide for co -financing by third parties  
–  provides for the co-financing by third parties estimated below:  
Appropriations in EUR million (to three decimal places)  
 Year 
N1 Year 
N+1 Year 
N+2 Year 
N+3 Enter as many years as necessary 
to show the duration of the 
impact (see point 1.6)  Total  
Specify the co -financing 
body           
TOTAL appropriations 
co-financed          
 
 
                                                 
 
1 Year N is the year in which implementation of the proposal/initiative starts. Please replace "N" by the 
expected first year of implementation (for instance: 2021). The same for the following years.   
EN 117  EN 3.3. Estimated impact on revenue  
–  The proposal/initiative has no financial impact on revenue.  
–  The proposal/initiative has the following financial impact:  
–  on own resources  
–  on other revenue  
– please indicate, if the revenue is assigned to expenditure lines   
EUR million (to three decimal places)  
Budget revenue line:  Appropriations 
available for 
the current 
financial year  Impact of the proposal/initiative2 
Year 
N Year 
N+1 Year 
N+2 Year 
N+3 Enter as many years as necessary to show 
the duration of the impact (see point 1.6)  
Article ………….          
For assigned revenue, specify the budget expenditure line(s) affected.  
N/A.  
Other remarks (e.g. method/formula used for calculating the impact on revenue or any other 
information).  
                                                 
 
2 As regards traditional own resources (customs duties, s ugar levies), the amounts indicated must be net 
amounts, i.e. gross amounts after deduction of 20 % for collection costs.