The European Packaging Regulation crosses borders
A European regulation with a direct impact on the value chain
Its significance extends beyond the strictly European sphere: any company placing products on the European Union market will need to review its packaging, technical documentation and supply chain traceability to demonstrate compliance.
Although the regulation applies within the European Union, its effects extend to suppliers, manufacturers, importers, distributors and brand owners involved in international supply chains. In practice, a company outside the European Union that exports products to the European market must anticipate these requirements, as non-compliance can result in logistical delays, commercial rejections, loss of market access or higher compliance costs.
For decision-makers, the challenge lies not only in implementing an environmental technical standard, but also in anticipating its impact on procurement, product design, supplier approval, costs, contracts, logistics and market access. Consequently, it is advisable to start compiling an inventory of packaging by product now, identify critical materials, review technical specifications, map suppliers and appoint internal personnel responsible for preparing the compliance documentation.
From an executive perspective, the regulation is based on three pillars that must be incorporated into organisations’ commercial, operational and compliance strategies:
- Broad scope: it covers all packaging and packaging waste, regardless of its origin, use or type of material.
- Design and sustainability requirements: it sets out requirements regarding the manufacture, composition, recyclability, reuse, minimisation and recovery of packaging placed on the market in the European Union.
- Life-cycle responsibility: it introducesmeasures for prevention, management, labelling and extended producer responsibility aimed at reducing waste and facilitating the circular economy.
Key aspects of the regulation
Each company must assess the applicable requirements based on the type of product, material, packaging format and the role it plays in the supply chain. However, the following aspects are particularly noteworthy:
- Requirements are establishedfor the entire life cycle of packaging in terms of sustainability, environmental labelling, extended producer responsibility and waste prevention. In terms of business management, this means that compliance must not be assessed solely at the point of import, but must be considered from the stages of design, procurement, production, packaging, distribution and final disposal. Article 1.
- Its scope covers all packaging, regardless of the material used, and all packaging waste originating from industry, the retail sector, distribution, offices, services or households. Article 2.
- Only packaging that complies with the Regulation may be placed on the European Union market. Member States may maintain or adopt national requirements only where these do not conflict with this harmonised framework or where the Regulation itself permits such measures. Article 4.
- Technical verification of compliance is required . Consequently, companies must have documentary evidence, test results, material specifications and internal controls to demonstrate that the packaging meets the applicable requirements.
- The plastic component of certain packaging must incorporate minimum percentages of recycled content derived from post-consumer plastic waste, depending on the type and format of the packaging. Furthermore, the design must reduce volume and weight to the minimum necessary to preserve functionality; purely commercial considerations or consumer perception must not justify oversized packaging. These obligations take on particular significance from 2030 onwards. Articles 7 and 10.
- Packaging placed on the market must bear a harmonised label providing information on its material composition, with the aim of facilitating separation by the consumer and improving waste management. This requirement will necessitate early coordination between legal, regulatory, marketing and quality departments, as well as packaging suppliers.
For manufacturers, Article 15 of the Regulation sets out key obligations that must be managed as part of the corporate compliance system:
- Manufacturers shall only place on the market packaging that complies with, or is in accordance with, the requirements set out in Articles 5 to 12.
- Before placing packaging on the market, manufacturers shall carry out the conformity assessment procedure specified in Article 38, or have it carried out on their behalf, and shall draw up the necessary technical documentation set out in Annex VII.
- Where it has been demonstrated, through the conformity assessment procedure referred to in Article 38, that the packaging complies with the applicable requirements, manufacturers shall draw up an EU declaration of conformity in accordance with Article 39.
In turn, manufacturers must receive from their suppliers the information and documentation necessary to demonstrate the conformity of the packaging and its materials, including the technical documentation set out in Annex VII and required under Articles 5 to 11. This point makes the contractual and documentary management of suppliers a critical aspect of compliance. Article 16.
In line with the above, importers may only place on the market packaging that complies with the requirements set out in Articles 5 to 12. It is therefore not sufficient to pass the obligation on to the supplier: the importer must verify that they have sufficient evidence to demonstrate compliance to customers, authorities and business partners. Article 18.
For organisations that export or participate in supply chains linked to the European Union, the recommendation is clear: carry out the analysis in advance, involve the technical and legal departments, require verifiable information from suppliers, and establish a compliance roadmap before regulatory deadlines become an operational or commercial barrier.
The importance of identifying the applicable requirements
The entry into force of these requirements entails additional work for companies that manufacture, market or import products into the European Union. Technical specifications vary depending on the type of packaging, material and intended use; however, they all point in the same direction: accelerating the transition towards circular economy models, reducing unnecessary packaging and shifting environmental responsibility to the product design itself.
Coordination between producers, packaging manufacturers, distributors, importers and brand owners will be crucial. Companies will need to align technical specifications, contractual clauses, documentation requirements and implementation timelines to avoid product rejections, business disruptions or the inability to place goods on the European market.
In practical terms, preparations should begin with an internal roadmap that includes: an assessment of current packaging, identification of gaps in relation to the Regulation, a review of contracts with suppliers, the compilation of technical documentation, the updating of artwork and labels, training for key teams, and monitoring of delegated acts, technical standards and interpretative guidelines that implement the Regulation. Those who incorporate these elements in good time will be able to turn a regulatory obligation into a competitive advantage.
Conclusion
Regulation (EU) 2025/40 marks a significant change in the way companies must design, document and manage their packaging. Its implementation should not be viewed as an isolated environmental compliance exercise, but rather as a strategic decision that impacts design, procurement, costs, contracts, reputation and access to the European market. In an environment where sustainability is increasingly translating into market requirements, early preparation will be a key differentiator.
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