On 10 June 2026, the European Commission published a guidance document intended to clarify the application of Regulation (EU) 2025/40 on packaging and packaging waste.
The Regulation entered into force on 11 February 2025, although its general application will begin on 12 August 2026. Unlike a directive, the Regulation is directly applicable in Portugal and does not require the adoption of national transposing legislation.
The new regime will progressively replace the previous legal framework based on Directive 94/62/EC and constitutes one of the European Union’s principal measures in the field of the circular economy.
The Commission’s new guidance seeks to address the questions raised by national authorities and economic operators, thereby promoting a more uniform application of the rules across the various Member States.
Manufacturer and producer: concepts that should not be confused
One of the main clarifications concerns the distinction between a manufacturer and a producer.
As a rule, the manufacturer is the operator responsible for ensuring that the packaging complies with the applicable legal requirements regarding sustainability, safety and labelling. This responsibility may fall upon the company that designs the packaging and places its trademark on it, even where that company is not responsible for physically manufacturing the packaging.
The producer, in turn, is the entity subject to the obligations arising from extended producer responsibility, having regard to the Member State in which the packaging is first placed or made available on the market. Accordingly, the two roles do not necessarily coincide.
This distinction is particularly relevant for: (i) corporate groups with cross-border supply chains; (ii) e-commerce platforms; (iii) companies selling directly to consumers located in other Member States; (iv) branches of companies established outside the European Union; and (v) importers and distributors of packaged products.
Companies should therefore clearly identify which entity qualifies, in respect of each item of packaging, as the manufacturer, importer, distributor and producer.
What should be regarded as packaging?
The Commission’s document also clarifies the scope of the concept of packaging by providing examples of circumstances in which a particular container may or may not qualify as packaging, depending on its purpose and intended use.
This classification is particularly important, as it determines whether the product is subject to the obligations laid down in the Regulation.
Companies should review their product portfolios and confirm whether the containers, wrappers, components and materials used for the presentation, protection, transport or delivery of products should legally be classified as packaging.
Recyclability and PFAS restrictions from August 2026
From 12 August 2026, the general requirement that packaging placed on the market must be recyclable will begin to apply.
The more detailed technical criteria relating to design for recycling will be developed through delegated acts, which are expected to apply from 2030.
From the same date, packaging intended to come into contact with food will be subject to limits applicable to per- and polyfluoroalkyl substances, commonly known as PFAS.
Packaging placed on the market before those limits become applicable may, under certain conditions, remain in circulation.
Less weight, less volume and more recycled material
From 2030, new requirements will apply concerning: (i) the use of minimum percentages of recycled material in plastic components; (ii) the reduction of packaging weight and volume; (iii) limits on empty space in grouped or collective packaging; (iv) transport packaging; and (v) packaging used in e-commerce.
Companies should anticipate the need to review their product specifications, contracts entered with suppliers and internal quality-control procedures.
Harmonised labelling throughout the European Union
From 12 August 2028, packaging will be required to bear a harmonised label providing information on the materials from which it is composed.
The purpose is to facilitate the sorting and recycling of waste by progressively eliminating divergent national rules or additional sorting instructions that may hinder the free movement of goods within the European market.
Reusable packaging will be required to bear a specific label from February 2029. Information and labelling relating to extended producer responsibility must, in turn, be provided in digital format, in accordance with the requirements of the new regime.
New prohibitions concerning single-use plastics
From 2030, certain formats of single-use plastic packaging will be prohibited.
These restrictions will have a particularly significant impact on the hospitality, restaurant, retail, food distribution, fresh produce and consumer goods sectors.
The Commission also clarifies the relationship between the new Regulation and the Single-Use Plastics Directive, confirming that the Regulation takes precedence in respect of the packaging formats expressly prohibited under its provisions.
Extended producer responsibility and new reporting obligations
Companies subject to the extended producer responsibility regime will face strengthened obligations concerning: (i) registration; (ii) the disclosure and reporting of information; (iii) the financing of waste management; (iv) the monitoring of product and packaging flows; and (v) coordination with compliance schemes and waste-management operators.
Contracts entered into between manufacturers, importers, distributors, digital platforms, logistics operators and entities responsible for waste management should be reviewed in order to clearly allocate the responsibilities of each party involved.
Although Member States will retain a degree of discretion to regulate certain operational matters, they may not bring forward European requirements that remain dependent on the adoption of further European Union acts, nor may they impose national measures liable to restrict the marketing of packaging that complies with the Regulation.
What should companies operating in Portugal do now?
Preparation for the new regime should not be postponed until 2030. Companies should begin by: (i) identifying and classifying all packaging used or placed on the market; (ii) determining which entity qualifies as the manufacturer and producer; (iii) assessing whether they fall within the extended producer responsibility regime; (iv) reviewing contracts with suppliers, distributors and logistics operators; (v) assessing the recyclability and composition of the materials used; (vi) preparing for future labelling changes; (vii) analysing the reuse targets applicable to their activities; (viii) reducing packaging weight, volume and empty space; and (ix) monitoring the delegated and implementing acts to be adopted by the European Union.
Early preparation will be essential to reduce the risk of non-compliance, adapt contractual arrangements, avoid unforeseen costs and ensure the continued marketing of products within the European market.
Belzuz Abogados, S.L.P. – Portuguese Branch is an International law firm headquartered in Madrid, with offices in Lisbon and Porto, which advises national and international companies on adapting to the new requirements of the European Packaging Regulation, particularly in relation to extended producer responsibility, recycling, labelling, registration and reporting obligations.