New EU Packaging Regulation: Obligations for Importers and Distributors

The EU recently signed off on new rules to reduce packaging waste and to make packaging more sustainable. Our Environment team looks at how the new rules will impact importers and distributors, and how they should start preparing for the changes.

What you need to know

• The EU’s new Packaging and Packaging Waste Regulation came into force on 11 February 2025.
• The Regulation has a broad scope - it applies to all packaging throughout its entire life cycle and imposes obligations on multiple different operators in that packaging life cycle.
• Entities that import and distribute packaging and packaged products have obligations under the Regulation, even though they don’t manufacture the packaging or the packaged products themselves.
• The Regulation is detailed and complex - importers and distributors should start getting their operations and supply chain ready for compliance now.

The EU’s new Packaging and Packaging Waste Regulation[1] came into force on 11 February 2025.

However, the Regulation only applies from 12 August 2026. Many of the measures come into effect on a phased basis from 2028 onwards. This gives entities some time to get to grips with their new obligations and make any necessary to changes to their packaging and supply chains.

The Regulation has a broad scope. It applies to all packaging, regardless of the material used, and to all packaging waste. It imposes requirements for the entire life cycle of packaging, from manufacture to use to disposal. In addition, the Regulation imposes obligations on multiple different operators in that packaging life cycle.

We summarise some of the key obligations on entities that import and distribute packaging and packaged products, but don’t manufacture the packaging or the packaged products themselves. We also consider what these entities should start doing now to ensure that they are well prepared for the new obligations when they kick in.

Who are the ‘importers’ and ‘distributors’?

This article focuses on the key obligations that apply to importers and distributors. Broadly speaking, the Regulation defines these entities as follows:

• Importers: EU-established entities that place packaging from a third country on the market for the first time, whether the packaging is empty or with a product.
• Distributors: Any entities in the supply chain that are making packaging available on the EU market by supplying packaging, whether empty or with a product, for distribution, consumption or use.

Restriction on importers and distributors placing non-conforming packaging on the market

Importers and distributors do not manufacture the packaging themselves. However, they are prohibited from placing packaging on the market which does not conform with the Regulation. This means that, in order to comply with their own obligations, importers and distributors must also check that manufacturers have complied with their obligations.

Article 18(2) and 19(2) of the Regulation set out some specific elements of compliance that importers and distributors must verify from 12 August 2026. Broadly speaking, importers are subject to more extensive verification requirements that distributors, as they are further upstream in the supply chain.

In general terms, where an importer or distributor has reason to believe that packaging is not in conformity with Articles 5 to 12 of the Regulation, they shall not place the packaging on the market until it has been brought into conformity.

In circumstances where the non-compliant packaging has already been placed on the market, the importer or distributor must take the necessary corrective measures. This could include the recall of the packaging.

The key areas of compliance set out in Articles 5 to 12 of the Regulation, which the importer or distributor must verify conformity with, relate to:

• Use of substances of concern
• Recyclability
• Minimum recycled content
• Use of biobased feedstock
• Compostability
• Minimisation of packaging volume
• Reusability
• Labelling

These obligations come into effect on a phased basis, with different targets and requirements applicable from different dates. The general obligation on importers and distributors to ensure that packaging they place on the market confirms with the Regulation applies from 12 August 2026. However, the need to verify compliance with specific requirements will align with the date on which the requirement itself comes into effect. This means importers and distributors will need to be aware of the phasing requirements to ensure that the packaging is compliant.

Other obligations on ‘economic operators’ and ‘producers’

Articles 18 and 19 outlined in the section above impose specific obligations on importers and distributors. However, importers and distributors also fall into the broader category of ‘economic operators’ under the Regulation. They might also be a ‘producer’ under the Regulation, depending on their location within or outside the EU and their position in the supply chain.

As ‘producers’ and/or ‘economic operators’, importers and distributors may need to comply with additional obligations, depending on the type of packaging they sell or supply. Some of the key obligations include:

• Importers or distributors who fill grouped packaging, transport packaging or e-commerce packaging must ensure that the maximum empty space ratio is 50%.
• Certain packaging formats are prohibited from 1 January 2030. The prohibited packaging formats include single-use plastic packaging for certain items. This includes packaging for less than 1.5kg pre-packed fresh fruit and vegetables.
• Importers or distributors who are making reusable packaging available in the territory of a Member State for the first time must ensure that a system is in place for the re-use of that packaging.
• Importers or distributors that use certain types of transport packaging, such as foldable boxes and pallets, must ensure that at least 40% of such packaging in total is reusable packaging within a re-use system, from 1 January 2030.
• Producers will have extended producer responsibility (EPR) obligations for the packaging, including packaging of packaged products, that they make available for the first time in a Member State or that they unpack without being end users. National legislation will be required to establish a framework for the registration and payment contributions to comply with EPR obligations.

How should importers and distributors prepare for compliance?

As a first step, all entities established within or selling into the EU should check how they are categorised under the Regulation. Are you an importer, a distributor, or a manufacturer? This classification has a huge impact on the scope of the obligations, so it is important to get it right from the outset.

The next step requires a review of the obligations that are applicable to your entity, including the dates that each will come into effect. You will then be able to assess what changes might be required to your operations to enable compliance, and how long you have to put these changes into effect.

However, it is not only the obligations on your entity that are relevant. Obligations throughout your supply chain may also be relevant, as importers and distributors need to be satisfied that their manufacturers are conforming with the Regulation. The next step therefore involves a review of your supply chain, to ensure that they have the necessary plans and procedures in place to manage their own compliance.

Conclusion

The Regulation is long, detailed and complex. Many of the obligations seem far away now, but a lot of preparation is likely to be required to ensure that you are compliance ready.

For more information on the impact of the Regulation on your operations, contact a member of our Environment team.

The content of this article is provided for information purposes only and does not constitute legal or other advice.

[1] Regulation (EU) 2025/40 of the European Parliament and of the Council of 19 December 2024 on packaging and packaging waste, amending Regulation (EU) 2019/1020 and Directive (EU) 2019/904, and repealing Directive 94/62/EC