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Requirement · EXC-02

Reduce empty space in sales packaging to the minimum necessary for functionality and product protection, assessed at the time of filling for products subject to settlement or requiring headspace.

Economic operators who fill sales packaging must comply, and this is law in force.

Why it matters

This is law in force, not a proposal.

  • It is Art. 24(4), in the Packaging and Packaging Waste Regulation. as of 2026-08-18
  • The act gives its timing as: By 12 February 2028 (Art. 24(4)). as of 2026-08-18
  • It names 2 industries by name: Food and drink and Retail. as of 2026-08-18
  • Compliance is checked by self-assessment, continuous. as of 2026-08-18
Addressee Economic operators who fill sales packagingAct Regulation (EU) 2025/40, base actArticle Art. 24(4)Class Businesses

What changes

Food, drink and consumer-goods fillers. No fixed ratio here, unlike Art. 24(1): the standard is qualitative, which makes it harder to plan against and easier to dispute.

The rule

New — no predecessor
Trigger

filling sales packaging

Obligation

Reduce empty space in sales packaging to the minimum necessary for functionality and product protection, assessed at the time of filling for products subject to settlement or requiring headspace.

Who is affected

Addressee
Economic operators who fill sales packaging
Class
Businesses
Sectors
Names Food, drink and tobacco, Retail and distribution · Reaches Paper and board, Plastics converting, Glass and ceramics, Waste and landfill
Applies
By 12 February 2028 (Art. 24(4))

Burden drivers

D4 — 1 of 7 marks fire on this provision.

No size threshold.

Source text

Verbatim

the economic operators who fill sales packaging shall ensure that empty space is reduced to the minimum necessary for ensuring the packaging functionality, including product protection.

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