Carry extended producer responsibility for all packaging first made available or unpacked in a Member State, with financial contributions additionally covering the cost of labelling waste receptacles under Art. 13 and of compositional surveys of mixed municipal waste.

Producers of packaging and packaged products must comply, and this is law in force.

Why it matters

This is law in force, not a proposal.

It is Art. 45(1) and (2), 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 7 industries by name: Plastics converting, Paper and board, Glass, Aluminium, Wood, Food and drink and Retail. as of 2026-08-18
Compliance is checked by producer responsibility organisation and competent authority, continuous. as of 2026-08-18

Addressee Producers of packaging and packaged productsAct Regulation (EU) 2025/40, base actArticle Art. 45(1) and (2)Class Businesses

What changes

EPR itself is not new -- it has been required since 31 December 2024 under 94/62/EC Art. 7(2). What moves is the addressee, now the producer directly, and the cost base, which grows by two new categories.

Prior rule vs new rule

Prior rule

Trigger

all packaging placed on the national market

Obligation

Member States had to ensure that extended producer responsibility schemes were established for all packaging by 31 December 2024, in accordance with Arts. 8 and 8a of Directive 2008/98/EC.

New rule

Trigger

packaging first made available in a Member State, or unpacked without being an end user

Obligation

EPR is imposed directly on the producer by the Regulation rather than through a Member State duty to set up a scheme, and the cost base is widened to include receptacle labelling and mixed-municipal-waste compositional surveys.

Who is affected

Addressee

Producers of packaging and packaged products

Class

Businesses

Sectors

Names Plastics converting, Paper and board, Glass and ceramics, Aluminium and metals, Wood and wood products, Food, drink and tobacco, Retail and distribution · Reaches Waste and landfill, Hotels, restaurants and catering

Applies

From 12 August 2026 (Art. 71)

Burden drivers

D5 · D6 — 2 of 7 marks fire on this provision.

No size threshold.

Source text

Verbatim

Producers shall have extended producer responsibility under the schemes established in accordance with Articles 8 and 8a of Directive 2008/98/EC and with this Section for the packaging, including packaging of packaged products, that they make available for the first time on the territory of a Member State or that they unpack without being end users.

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