As a effect of the entry of Regulation (EU) No. 40/2025 on packaging and packaging-related waste ("the Regulation") becoming effective, new obligations will be imposed on economic operators regarding the use of packaging, in particular single-use packaging.
Thus, as of August 12, 2026, packaging intended to come into contact with food products may no longer be placed on the market if it contains per- and polyfluoroalkyl substances (PFAS) above the limits set out in Article 5(5)(a), (b), and (c) of the Regulation. However, the most restrictive measures introduced by the Regulation will enter into force on January 1, 2030, the date from which the use of single-use plastic packaging will be banned.
However, the most restrictive measures introduced by the Regulation will enter into force on January 1, 2030, when the use of single-use plastic packaging will be prohibited for a number of product categories, such as:
- Condiments and sauces: ketchup, mayonnaise, mustard;
- Breakfast products: coffee creamer, sugar, canned goods;
- Hospitality sector: mini bottles of cosmetics and toiletries (under 50 ml);
- Food retail: fresh fruit and vegetables packaged in plastic, weighing less than 1.5 kg.
- Context of adoption of the Regulation
The adoption of the Regulation is a direct consequence of the European Union's policy aimed at developing the circular economy and reducing waste. According to its provisions, the Regulation sets quantified targets for each Member State in terms of reducing plastic use relative to the reference year 2018, as follows:
- 5% by 2030;
- 10% by 2035;
- 15% by 2040.
Previously, the field was regulated by Directive 94/62/EC on packaging and packaging waste. Given both the date of its adoption and its legal nature as a directive—which requires transposition into national legislation and has led to inconsistent practices across the European Union—it was necessary to adopt a regulation, namely Regulation (EU) No. 40/2025, which is directly and uniformly applicable in all Member States.
This legislative act establishes a unified framework at European Union level for the management of packaging and packaging waste, with the aim of significantly reducing the use of plastic and mitigating its negative impact on the environment.
At the national level, this area is regulated by Law No. 249/2015 on the management of packaging and packaging waste. However, with the entry into force of the Regulation, a significant part of the content of this law will, over time, be replaced or adapted to avoid overlaps and possible contradictions between national and directly applicable European rules.
- Main obligations of economic operators
Given the changes made by the Regulation, economic operators will have to take into account the following obligations:
Starting August 12, 2026, economic operators will have to either identify alternatives to plastic packaging, opting for compostable solutions (e.g., recyclable paper); or use plastic packaging that complies with the conditions imposed by the Regulation regarding the content of PFAS substances (the conditions being those set out in Article 5(5)(a), (b), and (c) of the Regulation).
Starting February 12, 2028, final distributors operating in the HORECA sector and providing hot or cold beverages or ready-made food in takeaway packaging within the borders of a UE will be required to offer consumers a choice of reusable packaging as part of a reuse system.
From August 12, 2028, packaging placed on the market will have to be marked with a harmonized label containing information on its constituent materials in order to facilitate sorting by consumers.
From January 1, 2030, retailers with a sales area of more than 400 m² will have to make efforts to dedicate 10% of their sales area to refill stations, for both food and non-food products. This obligation applies to economic operators who choose to offer the possibility of purchasing products through refilling. They may also refuse to refill a container provided by the end user if it does not comply with the refilling conditions communicated by the economic operator. Also from January 1, 2030, the use of single-use plastic packaging for the above-mentioned product categories will be prohibited.
3. Penalties for infringements of the Regulation
Failure to comply with the obligations established by the Regulation will result in the application of severe penalties to be determined by each Member State, but these must have in common the achievement of the main objective, namely to discourage economic operators from failing to comply with the provisions of the Regulation. The deadline for Member States to establish these penalties is February 12, 2027.
4. Conclusions
The changes introduced by the Regulation must be taken into account by all economic operators involved in the production and distribution chain – manufacturers, importers, distributors, and not only companies operating in the HORECA industry, as one might assume at first glance.
Given the directly applicable nature of the Regulation and the phased timetable of obligations, it is essential to initiate compliance measures early in order to avoid the risk of significant penalties at national level.