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Requirement · TKA-02

Offer consumers the option of take-away food and drink in reusable packaging within a re-use system, at no higher cost and on no less favourable terms than single-use, informed at the point of sale; from 2030 endeavour to offer 10% of products in a reusable format.

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. 33, in the Packaging and Packaging Waste Regulation. as of 2026-08-18
  • The act gives its timing as: By 12 February 2028; 10% endeavour from 2030 (Art. 33(1) and (5)). 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
Addressee Final distributors in the HORECA sector selling take-away food and drinkAct Regulation (EU) 2025/40, base actArticle Art. 33Class Businesses

What changes

HORECA above micro size. Heavier than Art. 32 because it requires an actual re-use system -- collection, washing, logistics -- not merely accepting a customer's container.

The rule

New — no predecessor
Trigger

making take-away beverages or ready-prepared food available

Obligation

Offer consumers the option of take-away food and drink in reusable packaging within a re-use system, at no higher cost and on no less favourable terms than single-use, informed at the point of sale; from 2030 endeavour to offer 10% of products in a reusable format.

Who is affected

Addressee
Final distributors in the HORECA sector selling take-away food and drink
Class
Businesses
Sectors
Names Hotels, restaurants and catering, Retail and distribution · Reaches Food, drink and tobacco, Plastics converting, Waste and landfill
Applies
By 12 February 2028; 10% endeavour from 2030 (Art. 33(1) and (5))

Burden drivers

D3 · D4 · D7 — 3 of 7 marks fire on this provision.

Art. 33(4) exempts final distributors falling within the micro-enterprise definition in Recommendation 2003/361/EC as applicable on 11 February 2025. An eligibility carve-out on this duty, not a separate benefit -- and note it does NOT extend to the Art. 32 bring-your-own-container duty.

Source text

Verbatim

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 or ready-prepared food in take-away packaging shall give consumers the option of obtaining the products in re-useable packaging within a system for re-use.

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