Firms warned of ‘complex’ EU packaging rules

Lawyers at Mason Hayes & Curran (MHC) have urged goods importers and distributors to start preparing now for an EU regulation on packaging that recently came into force. 

They say that the regulation has a broad scope, applying to all packaging throughout its entire life cycle and imposing obligations on multiple different operators in that packaging life cycle. 

The Packaging and Packaging Waste Regulation covers issues such as the use of substances of concern, recyclability of packaging, compostability, and labelling.

Although the regulation does not start applying to firms until 12 August 2026, MHC describes it as “detailed and complex”. 

‘Importer’ and ‘distributor’ 

The obligations under the various categories come into effect on a phased basis, with different targets and requirements applicable from different dates. 

In a note on the firm’s website, the MHC lawyers point out that entities that import and distribute packaging and packaged products have obligations under the rules, even though they do not manufacture the packaging or the packaged products themselves. 

The lawyers highlight the definitions of ‘importer’ and ‘distributor’ under the regulation: 

• Importers are 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 are 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.

MHC stresses that importers and distributors are prohibited from placing packaging on the market that does not conform with the regulation. 

Categorisation has ‘huge impact’ 

“This means that, in order to comply with their own obligations, importers and distributors must also check that manufacturers have complied with their obligations,” the firm’s lawyers state. 

They add that importers are subject to more extensive verification requirements than distributors, as they are further upstream in the supply chain. 

The MHC lawyers add that some firms, defined as ‘producers’, may need to comply with additional obligations, depending on the type of packaging they sell or supply. 

The law firm urges organisations to, as a first step, check how they are categorised under the regulation, as this has “a huge impact” on the scope of the obligations.