As of 12 August 2026, Regulation (EU) 2025/40 on packaging and packaging waste (PPWR) becomes generally applicable in all Member States of the European Union. The guidance documents published by the European Commission, together with the related set of frequently asked questions, aim to ensure a uniform interpretation of the provisions of the regulation, without making any changes to its text.

Regulation (EU) 2025/40 repeals Directive 94/62/EC on packaging and packaging waste. The amendment of the legal instrument has direct consequences for the compliance regime: unlike the directive, the regulation does not require transposition into national law and produces identical effects, from the same date, in all Member States.

The scope includes all categories of packaging, regardless of material (primary, secondary and tertiary) as well as all economic operators involved: manufacturers, importers, distributors and traders.

Following requests for clarification from national authorities and the business community, the European Commission published a guidance document on the harmonised application of the regulation, supplemented by a set of frequently asked questions.

The documents provide examples on the classification of economic operators, the delimitation of packaging categories and the means of demonstrating compliance. The Commission expressly states that the guidance document does not replace, supplement or amend the provisions of the PPWR, the competence for binding interpretation of Union law being vested in the Court of Justice of the European Union.

Consequently, the documents have the value of a working tool in the process of preparing for compliance, without constituting an autonomous source of obligations.

The Regulation provides for a phased application, with a significant part of the technical requirements becoming mandatory with the adoption of delegated acts and implementing rules. The following obligations take effect from the date of general application:

– assessment of the conformity of packaging placed on the market;

– preparing and keeping technical documentation, which is made available to the competent authorities upon their request;

– issuing the EU Declaration of Conformity;

– compliance with the requirements regarding the identification and traceability of economic operators;

– minimization of substances of concern present in packaging materials or components.

For packaging intended to come into contact with food, the regulation sets maximum concentration limits for per- and polyfluoroalkyl substances (PFAS): 25 ppb for each substance determined by targeted analysis, 250 ppb for the sum of the substances determined by targeted analysis and 50 ppm for total PFAS, including the polymer fraction. The placing on the market of packaging exceeding these thresholds is prohibited.

The guidance document deals in detail with the distinction between manufacturer and producer. The manufacturer is responsible for the technical conformity of the packaging, while the producer is responsible for the obligations arising from extended producer responsibility (EPR). The two roles do not necessarily belong to the same legal entity.

The delimitation is particularly relevant in the case of products sold under private labels, as well as in situations where a company combines several qualities for distinct product categories. In such cases, the obligations are analyzed separately, for each flow.

Importers and distributors are required to verify the existence of compliance documentation and to establish internal procedures that allow proof of the verifications provided for by the regulation.

Phased implementation schedule

• 2026 General application of the regulation; obligations regarding conformity assessment and documentation
• 2030 Recyclability requirements; minimum recycled content in plastic packaging; limitation of void space; restrictions on certain packaging formats
• 2035 Large-scale recycling requirements
• 2040 Final packaging waste reduction and recycled content targets
• The reduction targets set by the European Commission provide for a reduction in the amount of packaging waste per capita by 5% by 2030, by 10% by 2035 and by 15% by 2040, compared to the level recorded in 2018.

The regulation is directly applicable, but the corresponding administrative infrastructure (registers, control duties, sanctioning regime) is in the process of being configured at national level.

The PPWR requires Member States to lay down rules on penalties applicable to infringements of its provisions, which must be effective, proportionate and dissuasive. For infringements of Articles 24 to 29, the Regulation also provides for administrative fines or a national mechanism with equivalent effect. The deadline for the establishment of this regime is 12 February 2027.

The status of the national framework does not suspend the obligations arising from Union law. Non-compliance may entail a prohibition on placing on the market or making available on the market of non-compliant packaged products, an obligation to withdraw the affected products, and the adoption of corrective measures.

CNREE recommends that economic operators complete the following steps in the immediate future:

1. inventory of packaging categories placed on the market, for each product flow;

2. establishing the legal status of each entity in the supply chain, in relation to the definitions in the regulation;

3. requesting and verifying compliance documentation from suppliers;

4. assessing, together with food packaging suppliers, compliance with PFAS limits;

5. creation and archiving of technical documentation, in order to present it at the request of the competent authorities.

Compliance with PPWR is a process that is consolidated over time, through substantiated and documented decisions. This approach corresponds to the principle of rational sustainability that CNREE promotes in its relationship with economic operators.

Prezentul material are caracter informativ și nu constituie consultanță juridică. Pentru situații particulare, recomandăm consultarea textului Regulamentului (UE) 2025/40 și a documentelor de orientare publicate de Comisia Europeană.