EU Regulation (EU) 2025/40, which came into force on 11 February 2025, sets out the EU Packaging Regulation on packaging and packaging waste. It will apply from 12 August 2026.
Its aim is to reduce packaging waste, increase the reusability and recyclability of packaging, and harmonise regulations within the EU internal market.
The Regulation covers all types of packaging and packaging waste, regardless of the material used or the sector in question. This includes household, retail, industrial and e-commerce packaging, among others.
The basic principles are: ‘less packaging’; ‘reusability’ and ‘recyclability’; and ‘the avoidance of unnecessary single-use packaging’, particularly for drinks, food and shipping.
In order to reduce and avoid packaging, the EU Packaging Regulation stipulates that all packaging must be reusable or recyclable in an economically viable manner by 2030 (see Recitals 5 and 8). Additionally, the volume and weight of packaging must be reduced by minimising it, avoiding unnecessary packaging, and increasing reuse (see Recital 15). Almost all economic operators will be required to comply. However, micro-enterprises that place a very small volume of packaging on the market are excluded (see Recital 96).
In practice, companies placing packaged products on the EU market must review their packaging design, technical documentation, material composition, supplier contracts, labelling and Extended Producer Responsibility (EPR) compliance.
The EU Packaging Regulation defines the roles and responsibilities of manufacturers, producers, importers and distributors much more precisely with regard to compliance with the new requirements – their obligations and liability risks depend on this.
Responsibility also lies with owners of private-label brands
The obligation to comply with the new requirements applies, among others, to producers.
‘Producer’ means, in accordance with Article 3(13)
any natural or legal person who manufactures packaging or a packaged product, but
a) subject to point (b), ‘producer’ means the natural or legal person who develops or has manufactured packaging or a packaged product under their own name or their own brand, regardless of whether other brands are visible on the packaging or the packaged product;”
This means that the obligations also apply to owners of private labels.
Producers of packaging or a packaged product may only place on the market packaging that complies with the requirements of Articles 5–12 of Regulation (EU) 2025/40, Article 15(1). This is also significant for those trading companies that market their products under own brands.
This entails far-reaching obligations:
The regulation obliges manufacturers to ensure the ongoing conformity of mass-produced packaging with the Regulation and to carry out a renewed conformity assessment in the event of relevant changes or doubts.
Packaging must be identifiable, in particular by type, batch or serial number. In addition, the name, trade name or brand, and contact address of the producer must be indicated on the packaging, via a QR code/data carrier or in accompanying documents.
The information must be clear, comprehensible and legible and must not interfere with other labelling requirements prescribed by EU law.
If a manufacturer establishes or has reason to believe that packaging placed on the market after the entry into force of the Regulation does not comply with the relevant requirements, they must take immediate corrective action. Depending on the situation, this may include bringing the product into conformity, a market withdrawal or a recall. In addition, the competent market surveillance authority of the Member State in which the packaging was made available must be informed without delay of the suspected non-compliance and the measures taken.
Furthermore, pursuant to Article 12(1) and (2) of Regulation (EU) 2025/40, from 12 August 2028 at the earliest, there is an obligation to label the material composition as well as recyclability and recycling systems.
However, for reusable packaging that was already placed on the market before 11 February 2025, there is no obligation to bring it into conformity, take it back or recall it, even in the event of suspected non-conformity (see Article 15(9)).
Producers must, upon reasoned request, provide the competent national authority with all information and documentation necessary for conformity assessment, including technical documentation, in principle electronically and, upon request, also in paper form, within ten days. They must also cooperate with the authority in the event of corrective measures.
Should a natural or legal person who has packaging developed or manufactured under their own name or brand fall under the definition of a micro-enterprise applicable on 11 February 2025 in accordance with Recommendation 2003/361/EC, the supplier of the packaging established in the EU shall be treated as the producer.
What are the implications of the Regulation for own-brand/private labels?
Companies that distribute products bearing their own brand names cannot rely on the fact that “the supplier will take care of packaging compliance”. This means that, for many own-brand products, the responsibility for compliance shifts directly to the own-brand owner.
Producers will continue to fall under the definition of ‘manufacturer’ in Article 3(15), even if an external contract packager or packaging supplier actually produces the packaging.
If the producer is also a manufacturer within the meaning of Article 3(15) – which will predominantly be the case – they are obliged under Article 44(2) to register in the national manufacturer register of the Member States in which they first place the packaged products on the market. In Germany, this is the LUCID packaging register. The producer (and owners of private labels) is subject to extended producer responsibility (details of this are published in the draft bill on the Act to Adapt Packaging Law and Other Areas of Law to Regulation (EU) 2025/40; see, inter alia, Section 6: Registration)
In addition, there is the obligation to participate in a system for manufacturers under Section 7(1), first sentence, of the draft bill on the Act to Adapt Packaging Law and Other Areas of Law to Regulation (EU) 2025/40 for packaging subject to the obligation to participate in a system. Whether packaging is subject to the obligation to participate in a system is determined by Section 3(5) of the draft bill.
Private-label owners will require significantly stricter supplier contracts and data flows.
The EU Packaging Regulation expressly obliges suppliers of packaging or packaging materials to provide the manufacturer with the information and documentation necessary to demonstrate compliance (Article 16(1)).
Consequently, private-label companies require stronger contractual rights regarding specifications, test reports, material composition, proof of recycled content, food contact compliance and audit rights.
At the level of packaging design, private labels must redesign packaging that is too bulky or difficult to recycle.
The EU Packaging Regulation requires packaging to be recyclable, introduces minimum recycled content quotas for plastic packaging from 2030, mandates packaging minimisation, prohibits design elements that artificially increase perceived volume, such as unnecessary double walls or false bottoms, and limits empty space in outer packaging, transport packaging and e-commerce packaging to 50% from 2030.
This is particularly relevant for private labels that make heavy use of packaging as a branding tool or rely heavily on e-commerce.
In addition, there are labelling and information requirements.
The EU Packaging Regulation introduces harmonised packaging labelling, including digital media. The Commission is to adopt the necessary implementing acts by 12 August 2026. The harmonised labelling will then apply from 12 August 2028 or 24 months after the entry into force of the implementing act, whichever is later.
Private-label owners must therefore set aside packaging space for new labelling, adapt artwork processes and also update online product pages, as certain information must be available before the online purchase is made.
Ultimately, the enforcement and liability risk lies much more with the private label owner.
If a manufacturer/producer has reason to believe that their packaging is non-compliant, they must take appropriate corrective measures and, where necessary, bring the packaging into compliance, withdraw it from the market or recall it.
Market surveillance authorities may also prohibit the supply of non-compliant packaging.
Conclusion
The EU Packaging Regulation means that private label owners are increasingly taking on the role of manufacturers. This results in a range of far-reaching obligations relating to compliance, testing, labelling, documentation, control and monitoring.
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