Where there is sufficient reason to believe packaging presents a risk to the environment or human health, evaluate it against all relevant requirements, require the operator to take corrective action, and where the operator does not act, prohibit or restrict the packaging or withdraw or recall it.
Member State market surveillance authorities must comply, and this is law in force.
Why it matters
This is law in force, not a proposal.
- It is Arts. 58 to 60, 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 one industry by name: Waste. as of 2026-08-18
- Compliance is checked by market surveillance authority, per case. as of 2026-08-18
What changes
All 27 Member States, with the Union safeguard procedure in Art. 59 escalating a contested national measure to the Commission. For operators, the practical exposure is withdrawal or recall, which is new for packaging.
The rule
sufficient reason to believe packaging presents a risk
Where there is sufficient reason to believe packaging presents a risk to the environment or human health, evaluate it against all relevant requirements, require the operator to take corrective action, and where the operator does not act, prohibit or restrict the packaging or withdraw or recall it.
Who is affected
Burden drivers
Binds a Member State, not a company by size.
Source text
where the market surveillance authorities of a Member State have sufficient reason to believe that packaging covered by this Regulation presents a risk to the environment or human health
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