§10 Packaging minimisation

Legal provisions: Recital 60: ‘(...) While marketing and consumer acceptance remain relevant for packaging design, they should not be part of performance criteria justifying on their own additional packaging weight and volume. (…)’ Article 10(1): ‘By 1 January 2030, the manufacturer or importer shall ensure that the packaging placed on the market is designed so that its weight and volume is reduced to the minimum necessary to ensure its functionality, taking account of the shape and material from which the packaging is made.’ Article 10(2): ‘The manufacturer or importer shall ensure that packaging which does not comply with the performance criteria set out in Annex IV (…) is not placed on the market, unless (…).’ Article 10(2)(a) and (b) provide for two exemptions, namely: (a) the packaging design is protected by a Community design pursuant to Council Regulation (EC) No 6/2002 or by design rights falling within the scope of Directive 98/71/EC of the European Parliament and of the Council, including international agreements having effect in one of the Member States, or its shape is a trademark falling within the scope of Regulation (EU) 2017/1001 of the European Parliament and of the Council or Directive (EU) 2015/2436 of the European Parliament and of the Council, including trademarks registered under international agreements having effect in one of the Member States, the design rights and trademarks are protected before 11 February 2025, and the application of the requirements under this Article would affect the packaging design in a way that it would alter its novelty or its individual character, or would affect the trademark in a way that the trademark is no longer capable of distinguishing the marked product from those of other undertakings; or (b) the packaged product or beverage benefits from a geographical indication protected under Union law, such as under Regulation (EU) No 1308/2013 for wine, Regulation (EU) 2019/787 for spirit drinks or Regulation (EU) 2023/2411 for craft and industrial products, or is covered by a quality scheme as referred to in Regulation (EU) 2024/1143. Article 10(3): ‘By 12 February 2027, the Commission shall request the European standardisation organisations to prepare or update, as appropriate, harmonised standards laying down the methodology for the calculation and measurement of compliance with the requirements concerning packaging minimisation under this Regulation. For most common packaging types and formats, such standards should specify maximum adequate weight and volume limits, and, where appropriate, wall thickness and maximum empty space.’ Annex IV Part A point 4: ‘Packaging functionality: the packaging design shall ensure its functionality, taking into account the purpose of the product and particularities giving rise to its sale, such as sales for gift purposes, or on the occasion of seasonal events.’ Commission’s interpretation: Packaging minimisation requirements help Member States achieve their general packaging waste reduction targets in a harmonised manner and reduce the need to recur to divergent national measures to comply with the waste prevention target as laid down in Article 43. These are not new requirements. They already existed under the PPWD as essential requirements with an associated harmonised compliance methodology standard (EN 13428:2004) (22). While the elements for the assessment of packaging minimisation have been moved from the harmonised standard into the PPWR, ‘consumer acceptance’ and ‘marketing’ were removed as reasons (‘performance criteria’) justifying extra packaging weight and volume. On the other hand, other reasons, such as recyclability, recycled content or re-use, were added as new criteria. To implement this modification, the PPWR mandates the Commission to request CEN to update the existing standard by 12 February 2027. In addition to the updated methodology for assessment, the updated standard will provide for the maximum adequate weight and volume limits for the most common packaging types and formats. Standardisation will help industry prove compliance with the minimisation requirements, given that compliance with a harmonised standard creates a presumption of compliance with the sustainability requirement. Member States will have to accept such compliant packaging and allow it to be made available on their markets without the possibility of setting different or additional national requirements. According to Article 70(1)(b), the existing packaging minimisation requirements and their compliance standard will remain in effect until the end of 2029. After that, both paragraphs 1 and 2 of Article 10 will apply (from 1 January 2030), while the existing harmonised standard EN 13428:2004 can still be used as guidance but only until a new or updated standard is available. Industry will have the opportunity to contribute to the development of new standards through their experts in the regular standardisation process. In this process, issues such as packaging ‘shape’ and packaging functionality will be duly taken into account.

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Source: EUR-Lex (Cellar) · retrieved 2026-09-07