Provide a system letting consumers bring their own container to be filled with take-away hot or cold beverages and with ready-prepared food, at no higher cost and on no less favourable terms than the same product in single-use packaging, and inform consumers of the option at the point of sale.
Final distributors in the HORECA sector selling take-away food and drink must comply, and this is law in force.
Why it matters
This is law in force, not a proposal.
- It is Art. 32, in the Packaging and Packaging Waste Regulation. as of 2026-08-18
- The act gives its timing as: By 12 February 2027 (Art. 32(1)). as of 2026-08-18
- It names 2 industries by name: Hotels and restaurants and Retail. as of 2026-08-18
- Compliance is checked by none, continuous. as of 2026-08-18
What changes
The whole HORECA take-away trade, and the earliest hard operational date in the act at 12 February 2027. The no-higher-cost rule removes the option of pricing the behaviour away. Genuinely new -- no equivalent in 94/62/EC.
The rule
making take-away beverages or ready-prepared food available
Provide a system letting consumers bring their own container to be filled with take-away hot or cold beverages and with ready-prepared food, at no higher cost and on no less favourable terms than the same product in single-use packaging, and inform consumers of the option at the point of sale.
Who is affected
Burden drivers
No micro-enterprise exemption here, unlike Art. 33(4). Every HORECA final distributor selling take-away is in scope regardless of size.
Source text
final distributors that conduct their business activity in the HORECA sector and that make available on the territory of a Member State hot or cold beverages in take-away packaging shall provide a system for consumers to bring their own container to be filled;
View source →