Does Your Company Comply? Guide to the New EU-US Packaging Regulations

The European Parliament has recently introduced significant measures aimed at promoting sustainability and reducing packaging waste throughout the European Union. These regulations represent a fundamental shift in how companies will need to manage their packaging. Is Your Company Prepared for the New Packaging Regulation That is Revolutionizing the Sector in 2025?

As of February 12, 2025, the new European packaging and packaging waste regulation (PPWR) officially entered into force, although the majority of its provisions will be effective from August 12, 2026. This packaging and packaging regulation sets ambitious reduction targets: 5% by 2030, 10% by 2035, and 15% by 2040. Furthermore, all packaging marketed in the EU must be recyclable or reusable by 2030. In this article, we will analyze in detail the new EU packaging regulation, its implications for businesses, and the necessary strategies to ensure regulatory compliance, thereby avoiding the severe fines that those who do not adapt could face.

Summary of the EU-US Packaging and Packaging Waste Regulation

Regulation (EU) 2025/40 represents a milestone in packaging management within the European market. This regulatory framework, approved on December 19, 2024, establishes a series of ambitious measures that will transform how we design, produce, and manage packaging.

Sustainability and Circular Economy Objectives

The new packaging and packaging waste regulation focuses primarily on the significant reduction of waste through binding targets. Although recycling rates have increased in the EU, the amount of waste generated from packaging is increasing more rapidly than the amount recycled. In 2022, the EU generated almost 186.5 kilograms of packaging waste per person, of which 36 were plastic packaging.

To counter this trend, the regulation sets concrete reduction targets: 5% by 2030, 10% by 2035, and 15% by 2040. Furthermore, it requires that all marketed packaging be reusable or recyclable by 2030, with stricter goals from 2035 onward.

A key element is the increase in recycled content, with specific targets:

  • 30% for food-contact plastic packaging whose main component is PET (by 2030)
  • 10% for other food-contact plastic packaging
  • 30% for single-use plastic bottles
  • 35% for other plastic packaging

Key Differences Between the EU and US Regulations

Both in the EU and the US, a self-declaration system is used, where companies must demonstrate that their materials comply with current regulations. However, there is no official "FDA approval" or "EU approval" as such.

The main difference lies in the fact that the European packaging and packaging waste regulation establishes a harmonized and mandatory framework for all Member States, while the US maintains a more fragmented approach. In the case of materials not approved in the EU, companies can request an evaluation from the European Food Safety Authority.

Scope of Application: Affected Sectors and Products

This EU packaging regulation covers the entire life cycle of packaging introduced into the EU market and all packaging waste, regardless of the type or material used.

The impact extends to multiple sectors:

  • Packaging manufacturers: will have to guarantee the recyclability or economic reusability of their products by 2030
  • Distributors and retailers: obligated to offer products in reusable formats and accept consumers' own containers brought for use
  • HORECA sector: companies offering take-away products will have to allow customers to use their own containers to be filled with beverages or prepared meals, at no additional cost

As of January 1, 2030, certain single-use plastic packaging will be prohibited, such as product groupers, packaging for fresh fruits and vegetables in quantities less than 1.5 kg, and various formats used in hospitality.

Key Dates and Implementation Phases of the Regulation

The implementation of the packaging and packaging waste regulation will follow a specific schedule that companies must keep in mind to plan their adaptations. Let's look at the detailed timeline that will mark this regulatory transformation.

Entry into force: February 12, 2025

The new EU packaging regulation was officially published in the Official Journal of the European Union on January 22, 2025. Subsequently, it entered into force on February 12, 2025, exactly 20 days after its publication. This regulation, formally identified as Regulation (EU) 2025/40 of the European Parliament and of the Council, amends Regulation (EU) 2019/1020 and Directive (EU) 2019/904, also repealing Directive 94/62/EC. During this initial phase, although the regulation is already in force, immediate compliance is not yet mandatory.

Mandatory Application: August 2026

After an 18-month transition period, the application of the European packaging and packaging waste regulation will be mandatory from August 12, 2026. From this date, all EU Member States will be required to enforce compliance with the majority of the provisions contained in the regulation. However, it is important to note that certain specific provisions will be deferred until the corresponding delegated and implementing acts of the regulation are approved.

Transition Phase until 2040

The new packaging regulation contemplates a gradual implementation of several measures:

  • From February 2027, final distributors offering take-away meals and beverages must offer consumers the possibility to use their own containers.
  • As of February 12, 2029, Article 67, paragraph 5 will be applicable.
  • As of January 1, 2030, minimum percentages of post-consumer recycled plastic are established, along with measures to ensure the collection of materials.
  • For 2030, 2035, and 2040, progressively more ambitious targets have been set to reduce waste and increase the circularity of packaging.

This staggered implementation allows companies to adapt progressively, although it is advisable to begin preparations as soon as possible to comply with the packaging and packaging regulation, especially considering that the obligations to demonstrate the achievement of the targets will begin from 2030, or 1.5 years from the implementing legislation.

Impact of the Regulation on the Supply Chain and Logistics

The new packaging regulation will radically transform the logistical processes and supply chain of European companies. Companies will have to adapt their operations to comply with specific demands that will affect all stages of the production cycle.

Reduction of Packaging Size and Empty Space

First, the regulation sets a maximum empty space ratio of 50% for grouped, transport, and e-commerce packaging. Manufacturers and importers will have to minimize the weight and volume of packaging, which will lead to improved storage capacity and more efficient use of space. Pallet loads and shipping boxes will have to be specifically adapted to the product, reducing the volume of empty transport.

Material Restrictions and Use of Recycled Content

Likewise, the EU packaging regulation establishes strict requirements on recycled content in plastics. For food-contact packaging, the minimum levels will be:

  • PET: 30% in 2030 and 50% in 2040
  • Other plastics: 10% in 2030 and 30% in 2040
  • Single-use plastic bottles: 30%
  • Other plastic packaging: 35%

Furthermore, the marketing of packaging containing per- and polyfluoroalkyl substances (PFAS) intended for food contact will be restricted.

Reuse Obligation and Traceability

Therefore, the packaging and packaging waste regulation will oblige companies to mark reusable packaging with a QR code to improve its management and traceability. Logistics companies will have to increasingly use reusable pallets and boxes, adapting their current storage systems and developing new concepts.

Adaptation of Machinery and Packaging Processes

On the other hand, companies will need to introduce automated and intelligent packaging systems to optimize sizes and reduce material. Among the available solutions are:

  • Right-sized packaging: systems that create custom-made packaging automatically
  • Selection of different standard box sizes through data-based processes
  • Palletizing robots for efficient and automated pallet composition
  • Devices for automatic data recording that transmit information to the WMS

Finally, all industrial sectors will have to adapt their packaging strategies to these new requirements in a relatively short time.

Measures to Comply with the New Packaging Regulation

To adapt to the packaging regulation and avoid penalties, companies must implement specific strategies. Adopting these measures will not only guarantee regulatory compliance but also provide competitive advantages in the market.

Use of Certified Compostable Packaging (EN 13432, OK Compost)

Certification of compostable materials is essential for exporting within the European space. Although not legally mandatory, in practice many distributors and customs authorities require it. The most recognized standards include:

  • EN 13432: Guarantees industrial compostability by meeting criteria for biodegradation (90% in 6 months), fragmentation, and ecotoxicity
  • OK Compost Industrial: For industrial facilities at temperatures of 55-60°C
  • OK Compost Home: For home composting at 20-30°C, with a slower process

Automation of Packaging Data Recording

Digitalization improves accuracy and efficiency in packaging management. Automated systems allow for real-time recording of information on production, reference, quantity, batch, and barcodes. Furthermore, they facilitate integration with the corporate ERP and guarantee compliance with coding standards.

Optimization of Environmental Labeling

Since January 2025, harmonized environmental labeling is mandatory, including clear separation instructions and identification of reusable packaging. Likewise, packaging subject to deposit and return systems must be clearly identified.

Collaboration with Sustainable Suppliers

Finally, it is essential to work with suppliers that offer technical guarantees and complete documentation. Companies must develop roadmaps with specific actions during the adaptation process, prioritizing the replacement of non-compliant packaging with sustainable alternatives.

Conclusion

The packaging and packaging waste regulation undoubtedly represents a turning point for all companies operating in the European market. Although mandatory compliance will begin in August 2026, companies must act now to avoid fines and take advantage of the opportunities this transition offers.

We have seen throughout this article how the reduction targets (5% by 2030, 10% by 2035, and 15% by 2040) will require profound changes in the supply chain. The obligation to ensure that all packaging is recyclable or reusable by 2030 poses a considerable technical challenge for many sectors.

Certainly, companies that adapt first will gain significant competitive advantages. Therefore, we recommend starting collaboration with sustainable suppliers as soon as possible, implementing automated recording systems, and optimizing environmental labeling.

The differences between EU and US regulations also generate important considerations for companies with an international presence. While the EU is moving towards a harmonized and mandatory framework, the US maintains a more fragmented approach, requiring strategies tailored to each market.

Finally, the transformation in logistical processes will be notable. Restrictions on empty space, new requirements for recycled materials, and traceability systems will radically modify how products are packaged, transported, and distributed.

The future of packaging is here, and companies that do not prepare adequately will be left behind. After all, this regulation not only seeks to meet environmental objectives but also to drive innovation and efficiency throughout the value chain.

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