Since 12 August 2026, Regulation 2025/40 on packaging and packaging waste (the Packaging Regulation) has been in force across the EU, replacing the former Directive 94/62/EC.
Not all of the requirements are applicable straight away – most will come into force over the next few years. Below is a practical overview of the key obligations and the timelines for them.
1. As of 12 August 2026, manufacturers are required to provide a declaration of conformity
What is a declaration of conformity? This is a document certifying that packaging complies with the Packaging Regulation. The manufacturer must prepare it and retain it for five to 10 years after the packaging is placed on the market. Copies must be provided to member state authorities upon request. Simplified rules apply to micro-enterprises.
Who is the manufacturer?1 Under the Packaging Regulation, the manufacturer is the person who designs or manufactures packaging (or a packaged product) under their own name or trademark. The key criterion is not who physically produces the packaging, but whose name or trademark appears on it. Where no trademark is indicated, the actual producer is treated as the manufacturer2.
An importer or distributor who places packaging on the market under their own name or trademark, or modifies it in a way that could affect regulatory compliance, is treated as the manufacturer and must meet the same obligations.
Before placing packaging on the market, the manufacturer must carry out a conformity assessment and prepare the necessary technical documentation.
Language requirements. The declaration must be in the language(s) required by the member state in which the packaging is marketed.
2. Minimisation obligation – applicable from 2030
From 1 January 2030, packaging placed on the market must be designed to reduce its mass and volume to the minimum necessary for product protection, transport and other functions. Compliance is assessed against the performance criteria in Annex IV of the Packaging Regulation. The European Commission must propose harmonised standards for calculating minimisation requirements by 12 February 2027.
3. Packaging labelling requirements
From 12 August 2028 (or 24 months after the relevant implementing act, if later), packaging must bear an EU-wide harmonised label indicating its material composition. QR codes or other digital carriers may also be used.
4. Producer register – the obligation of each member state to implement it
Manufacturers must register in a producer register in each member state where they first place packaging or packaged products on the market. A producer responsibility organisation (PRO) may register on the manufacturer’s behalf, unless national law provides otherwise.
Timeline. The European Commission was required to adopt implementing acts by 12 February 2026 to set out the registration procedure, reporting format, and data requirements, but as of the date of this overview, these implementing acts have not yet been adopted. Member states must then establish their registers and adopt national implementing rules. Until this is done, the registration obligation is not yet applicable in practice.
Who must register? Any company that first places packaging or a packaged product on the market of an EU member state, including importers and distributors.
In practice, this includes:
- a company selling or supplying packaging or packaged goods for the first time in the country
- an importer bringing packaged goods into the Latvian, Lithuanian or Estonian market for the first time
- a foreign company selling directly to Latvian, Lithuanian or Estonian consumers (e.g. via an online store)
- a company unpacking goods for commercial purposes, where no other person qualifies as the manufacturer
The decisive criterion is who first makes the packaging or packaged product available on the market. Accordingly, packaging obligations may also apply to importers, distributors and cross-border e-commerce traders.
5. National implementation
Estonia
The necessary changes in Estonia will be implemented primarily through amendments to the Packaging Act and other related acts. The draft act amending the Packaging Act and other related acts accordingly is currently under development by the Estonian Ministry of Climate. The text has been submitted to the relevant authorities and stakeholders for consultation, meaning that the legislative process is still at an early stage. However, the draft text already indicates Estonia’s intention to regulate packaging circularity and reuse more strictly than required under EU rules. Official information here and here.
Latvia
The necessary changes in Latvia will be implemented primarily through amendments to the Packaging Law and the relevant Cabinet of Ministers regulations. Currently, the draft law amending the Packaging Law is still being developed. From public statements by the Ministry of Climate and Energy, it is clear that the State Environmental Service will be responsible for operating the register in Latvia.
Lithuania
In Lithuania, the national legal framework is being adapted to the Packaging Regulation primarily through a new version of the Law on Packaging and Packaging Waste Management and amendments to several related laws (i.e. the Law on Environmental Protection, the Law on Waste Management and the Code of Administrative Offences). On 17 June 2026, the Lithuanian Government approved the legislative package prepared by the Ministry of Environment, and the principal draft law was submitted to the Parliament of Lithuania on 18 June 2026. Based on the draft law, the registration of companies subject to the registration requirement will be the responsibility of the Environmental Protection Agency.
As of the middle of October 2026, the legislative package remains under consideration in the Parliament and has not yet been finally adopted.
Conclusion
While most of the requirements will be phased in over the coming years, companies are advised to start assessing their packaging compliance now, particularly regarding labelling, minimisation, recyclability and extended producer responsibility. Updates from the European Commission are available on its website.
1 Explanations and answers from the European Commission to various practical questions are available in English here: European Commission: Directorate-General for Environment, Packaging and Packaging Waste Regulation (PPWR) – Frequently asked questions, Publications Office of the European Union, 2026, https://data.europa.eu/doi/10.2779/4868962
2 European Commission: Directorate-General for Environment, Packaging and Packaging Waste Regulation (PPWR) – Frequently asked questions, Publications Office of the European Union, 2026, p. 9.
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Our Trade & Consumer Goods and Competition & Regulatory teams are at your disposal, should you need advice on any legal issues you are facing. Contact us:
Vaiva Mašidlauskienė
Partner (Lithuania), Regional head of the Trade and Consumer Goods sector group
vaiva.masidlauskiene@sorainen.com
Associate (Latvia)
Associate (Estonia)
