EU Packaging Regulation 2025: Real Obligations for Manufacturers and Packagers

Key data

If your company manufactures, packages, imports or manages packaging waste in the EU, Regulation (EU) 2025/40 is already in force and defines the rules of the game for the coming years. The error correction published on 21 July 2026 does not alter the substantive obligations, but does adjust the official wording of the text: working with an incorrect version can lead to misinterpretations and compliance risks.

The regulation completely repeals Directive 94/62/CE, which has been the sector's reference framework for over 30 years, and amends Regulation (EU) 2019/1020 on market surveillance and Directive (EU) 2019/904 on single-use plastics. The shift from directive to regulation is relevant: a European regulation is directly applicable in all Member States without the need for national transposition.

What does this regulation establish?

Regulation (EU) 2025/40 establishes a comprehensive regulatory framework for packaging and packaging waste throughout the European Union. Its main pillars are:

• Reuse requirements: obligations to design and market packaging suitable for reuse, with specific targets by packaging category.
• Recyclability requirements: packaging must meet design criteria that ensure it can be effectively recycled.
• Minimum recycled content: minimum percentages of recycled material are set that packaging must incorporate, depending on the material and category.
• Restrictions on certain packaging formats: certain packaging formats are prohibited or limited, especially single-use plastics.

The error correction published in July 2026 adjusts formal or drafting errors in the original text without modifying any of these substantive obligations. Its practical relevance is that the consolidated text that includes this correction is the one that should be used as a legal reference for any compliance analysis.

Economic and operational impact

The shift from directive to regulation has direct operational consequences: companies can no longer wait for each Member State to transpose the rule into its national legislation. Obligations are enforceable uniformly throughout the EU from the date the regulation enters into force.

The main economic and operational impacts for companies are:

• Packaging redesign: complying with recyclability criteria and reuse requirements may require investment in R&D and new materials or formats.
• Supplier management: ensuring minimum recycled content involves reviewing and possibly changing packaging material suppliers.
• Adaptation of logistics processes: reuse requirements may involve return and collection systems that do not exist today in many supply chains.
• Restrictions on current formats: some currently used packaging may be prohibited, forcing reformulation of product packaging.
• Enhanced market surveillance: the amendment to Regulation (EU) 2019/1020 implies stricter controls on packaging marketed in the single European market.

Who does it affect?

• Packaging manufacturers: must adapt the design of their products to the new recyclability and reuse requirements.
• Packaging companies: responsible for complying with minimum recycled content percentages and using compliant packaging.
• Importers of packaged products: must verify that the packaging of products they introduce to the EU market complies with the regulation.
• Packaging waste managers: affected by the new collection, sorting and recycling frameworks derived from the regulation.
• Distributors and retailers: may have specific obligations in relation to reuse and return systems.
• Companies in sectors with high packaging use: food, beverages, cosmetics, pharmaceuticals, cleaning and any sector that markets packaged products in the EU.

Practical example

A Spanish packaging manufacturer producing plastic packaging for the food sector currently works with a design that does not incorporate recycled material. Under Regulation (EU) 2025/40, it will need to incorporate a minimum percentage of recycled content in its formulation, redesign the packaging to meet recyclability criteria and, if the format corresponds to a category with reuse requirements, develop or integrate into a return system.

If this company works with the text of Directive 94/62/CE—already repealed—or with a version of Regulation (EU) 2025/40 prior to the error correction published on 21 July 2026, it runs the risk of incorrectly interpreting a specific obligation. The error correction ensures that the consolidated text available on EUR-Lex is the current and applicable legal version.

What should companies do now?

1. Download the updated consolidated text: access the version of Regulation (EU) 2025/40 that incorporates the error correction published on 21 July 2026 on EUR-Lex. Do not work with earlier versions or the repealed Directive 94/62/CE.
2. Audit the current packaging portfolio: review all packaging used or manufactured against the regulation's recyclability, reuse and minimum recycled content requirements.
3. Identify formats affected by restrictions: detect which current packaging may be subject to prohibition or limitation and plan their replacement.
4. Review the packaging material supplier chain: verify that packaging material suppliers can guarantee the minimum recycled content required.
5. Evaluate applicable reuse requirements: determine whether any packaging category of the company is subject to obligations for return or reuse systems.
6. Consult with a specialized legal advisor: given that the regulation is directly applicable and the error correction affects the official wording, a legal review of compliance before adaptation deadlines is recommended.

Official source

Consult complete regulation at official source

Disclaimer: This article is for informational purposes only and does not constitute legal advice. For specific decisions, consult a qualified professional. Source: https://eur-lex.europa.eu/./legal-content/AUTO/?uri=OJ:L_202690604