In the world of packaging many changes are lying ahead of us, especially now in February, in the area of Extended Producer Responsibility (EPR), the wind is picking up in Europe. A lot has happened since our last news article: the EU Packaging Regulation has been published in the Official Journal of the European Union (2025/40) on January 22, 2025. It comes into force today on February 11, 2025, and applies 18 months from now (August 12, 2026). From this point on, many requirements will be regulated directly for all EU member states, while more will be added gradually.
What follows is a constant breeze: For example, further substance restrictions on PFAS will come into force a year later. Rules on packaging labelling requirements will need to be considered starting in 2028, as well as the standardization for bio-based plastics and the compostability of packaging. Reuse targets, requirements on minimum recycled content in plastic packaging, requirements on recyclability, ban on further single-use plastic packaging, limitation of the empty space ratio, etc. will then apply from 2030. This means that a cascade of requirements can be foreseen by 2040, some of them will become stricter due to technological developments. All these successively introduced provisions will be detailed and specified more by implementing acts, guidelines and reports. The regulations for the recycling-friendly design of packaging are also coming into focus. In the future, the performance assessment of recyclability will determine the level of financial contributions to be paid by marketers of packaging and packaged goods (extended producer responsibility fees).
We advise manufacturers to consider the criteria at an early stage in order to be able to reduce costs when fulfilling their extended producer responsibility obligations from 1 July 2029.
Individual member states still have room for national adaptations in some areas when implementing the regulation, even if the overarching goal is to reduce trade barriers through harmonization. These can vary depending on the circumstances in the EU member states. This applies, for example, to the labelling of packaging (e.g. waste sorting rules), the level of eco-modulated EPR fees, national registration and reporting requirements, etc.
However, until certain provisions of the regulation come into force, a lot is still happening in the member states and must be considered individually. In Spain and Portugal, for example, commercial packaging will be subject to mandatory reporting from 2025, in France extended producer responsibility for commercial packaging is imminent and Denmark extended producer responsibility was only introduced in 2025.
In the USA, too, the wind is picking up with regard to EPR packaging legislation. Maine was the first US state to enact such legislation in 2021. Oregon, Colorado, California and Minnesota followed suit and have implemented or are in the process of implementing EPR programs. Other states are in the process of regulatory development.
It is therefore highly recommended that economic operators continue to keep an eye on national legislation. Prepare yourself and your organizations for the upcoming changes, as the material composition and re-design of packaging as well as new data requirements along the value chain cannot be implemented overnight.
Do you need support to efficiently comply with the multitude of requirements, implement the appropriate processes and develop and implement a strategy that is as forward-looking as possible? Get in touch with us now!
