REGULATION (EU) 2025/40: STRICTER RULES ON PACKAGING AND PACKAGING WASTE

Regulation (EU) 2025/40 on packaging and packaging waste (PPWR), in force since February 11, 2025, introduces stricter rules aimed at reducing the environmental impact of packaging.

The main objective is to promote the circular economy through strict measures across the entire life cycle of packaging – from design and production to waste management. The Regulation will apply as of August 12, 2026, with certain provisions of the EU acts it amends or repeals will enter into force at later dates.

Published in the Official Journal of the European Union on the 22nd of January 2025, this act complements Regulation (EU) 2024/1781 and applies to all packaging placed on the EU market and the related waste, regardless of type or material.

The new EU framework also provides a revised definition of packaging, updating the definition under the Directive 94/62/EC (transposed in Romania by Law no. 249/2015). Sales packaging corresponds to primary packaging, grouped packaging corresponds to secondary packaging, and transport packaging corresponds to tertiary packaging.

Main measures to promote the circular economy

The Regulation introduces, inter alia, the following measures:

• Increased recycled content in plastic packaging: By 2030, plastic part of packaging placed on the market shall contain between 10% and 35% recycled content; by 2040, these percentages will increase to 25%–65%, depending on the packaging type and format. Exceptions include packaging for medical products and infant food.
• Minimization of packaging: As of 1 January 2030, packaging placed on the market shall be designed so that its weight and volume are reduced to the minimum necessary.
• Promotion of reusable packaging: From 11 February 2025, in order to qualify as reusable, packaging shall meet the following requirements: (i) be designed to be re-used multiple times, meaning to resist to multiple use cycles without deteriorating (ii) to comply with consumer health, safety and hygiene requirements, (iii) ensure product quality and safety upon reuse, in particular from a food safety perspective, (iv) where appropriate , to allow reconditioning , (v) to allow labelling and provision of information on the properties of the product and on the packaging itself, (vi) be recyclable when it becomes waste in the meaning of the EU legislation.
• Ban on certain single-use plastic packaging: From 2030, the use of plastic packaging for the marketing of fruit and vegetables under 1.5 kilograms will be prohibited, with certain exceptions (e.g. where there is a demonstrated need to avoid water loss). This measure primarily targets producers and exporters of fruit and vegetables. The Regulation repeals the Directive 94/62/EC and complements the Directive (EU) 2019/904 and the Regulation (EU) 2019/1020.
• Obligations for the HoReCa sector: By 2027, hospitality operators distributing hot or cold beverages in takeaway packaging or ready-prepared food in takeaway packaging must allow customers to bring their own containers to be filled. By 2028, such operators must also be able to provide customers with reusable packaging.

Packaging sustainbility requirements

By 2030, all packaging must be either recyclable or reusable, in line with the Circular Economy Action Plan (CEAP) presented by the European Commission on March 11, 2020.

By the 31st of December 2026, the Commission, assisted by the European Chemicals Agency, will publish a report on substances in packaging that may present unacceptable risks to human health or the environment.

As of August 12, 2026, non-recyclable plastic packaging and packaging containing heavy metals or hazardous substances (e.g., PFAS, Bisphenol A) will be prohibited. At the same time, excessive use of packaging in trade and the food industry will be restricted. The design of recyclable packaging must allow separate collection, sorting without disrupting other waste streams, and recycling at scale.

Uniform labelling system

The Regulation introduces a harmonized labelling system for all packaging, indicating the degree of recyclability and the correct method of disposal. Environmental impact will be highlighted through a color-coded system.

Responsability of packaging procedures

The Regulation introduces extended producer responsibility (EPR), requiring producers to bear the costs of collection and recycling. Producers may delegate these obligations to a specialized organizations, and Member States may make such delegation mandatory. Producers must ensure that packaging complies with the new requirements and contribute financially to recycling schemes, in line with the “polluter pays” principle (Article 191(2) TFEU).

For third-country producers, Member States may require the designation of an authorized representative to prevent circumvention of EPR obligations. It must also be clarified who bears responsibility for packaging waste, in particular in the case of logistics companies handling imported goods (e.g., unpacking, repackaging). Although they do not own the goods, such companies should be considered producers of the packaging they handle which becomes waste within the Union.