No longer required to prove conformity from first principles where a harmonised standard covers the requirement: conformity is presumed, and Art. 37 adds a Commission common-specification fallback where no standard exists or the standard is inadequate.
Economic operators demonstrating conformity of packaging must comply, and this is law in force.
Why it matters
This is law in force, not a proposal.
- It is Arts. 36(1)-(3) and 37, in the Packaging and Packaging Waste Regulation. as of 2026-08-18
- The act gives its timing as: From 12 August 2026 (Art. 71). as of 2026-08-18
- It names 5 industries by name: Plastics converting, Paper and board, Glass, Aluminium and Wood. as of 2026-08-18
- Compliance is checked by self-assessment, per assessment. as of 2026-08-18
What changes
All packaging manufacturers. The presumption now covers substances, recyclability, recycled content, compostability, minimisation, reusability, labelling, empty space and re-use systems, where before it covered only the Annex II essential requirements. The common-specification fallback is new: under the directive, an absent standard simply left the operator to prove compliance itself.
Prior rule vs new rule
packaging complying with relevant harmonised standards, or with national standards where no harmonised standard existed
Member States presumed compliance with the essential requirements in Annex II for packaging complying with relevant harmonised standards published in the Official Journal, or with notified national standards in areas where no harmonised standard existed.
packaging conforming to a harmonised standard or a Commission common specification
Conformity is presumed against the whole of Arts. 5 to 12, 24 and 26 -- a far wider requirement set than the old Annex II essential requirements -- and Art. 36(2) additionally presumes conformity for methods performed by accredited conformity assessment bodies. Where no harmonised standard exists or an existing one is inadequate, Art. 37 lets the Commission adopt common specifications that carry the same presumption.
Who is affected
Burden drivers
No size threshold.
Source text
Packaging which is in conformity with harmonised standards or parts thereof, the references of which have been published in the Official Journal of the European Union, shall be presumed to be in conformity with the requirements laid down in or pursuant to Articles 5 to 12, 24 and 26 covered by those standards or parts thereof.
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