New EU legislation on packaging: what will change as of 2026?

The European Union published the new Packaging and Packaging Waste Regulation (Regulation (EU) 2025/40) on 22 January 2025. This regulation enters into force on 12 Augustus 2026 and repeals the currently applicable Directive 94/62/EC.

What does this new regulation mean for companies in Belgium and the rest of Europe?

The new legislation introduces more stringent rules to make packaging more sustainable and to reduce waste. First and foremost, a uniform approach will apply in all EU Member States. This means that the same rules have direct effect in all these countries without the need for national laws to be adopted. Member States do get some leeway, however, to tailor specific rules to reach their own climate targets.

The new obligations apply to all packaging on the EU market, regardless of whether they are produced in or outside the EU. These rules aim at the entire packaging lifecycle.

Some important points of attention will be the following:

  • Packaging must meet requirements concerning, for example, the use of recycled material, recyclability, and use of less harmful substances.
  • Reusable packaging is the norm, and the reduction of unnecessary packaging is a must.
  • Packaging must be more recyclable, and there will be higher targets for re-use and waste reduction.

Some examples of the specific new rules:

  • Restrictions on certain single-use plastic packaging, such as those for prepackaged fruit and vegetables that weigh less than 1.5 kg and single portions of seasoning, sauces, and sugar in hotels, hotels, bars, and restaurants.
  • Minimize the weight and volume of packaging and avoid unnecessary packaging.
  • Targets for 2030 and 2040 for a minimum percentage of recycled material in packaging.
  • Mandatory for take-out restaurants: offer clients the option to bring their own containers to take away their food orders without charging them extra.
  • Minimize substances of concern, which include restricting packaging that contain PFAS if the specific threshold values have been exceeded.

With these new rules, the EU wants to make the entire supply chain for packaging more sustainable.

 

What does this mean for Belgium?

Belgium, and especially Flanders, already has a solid reputation for waste management and recycling. Yet, the new legislation will require even more effort to meet the ambitious goals. For example, stricter requirements for packaging composition and more focus on re-use.

Specific sectors such as retail and food will certainly feel the impact of these obligations.

 

So what happens now?

The new Regulation (EU) 2025/40 on Packaging and Packaging Waste has been adopted, but the practicalities still need to be determined. The European Commission will set detailed rules in the coming months and years, such as the criteria for recyclability and re-usability, rules for packaging labels, and targets for re-use.

 

How can you prepare yourself for this?

Do you want to know how this legislation will affect your business? At Monard Law, it would be our pleasure to help you to identify and map out everything and develop a plan so you can meet the new requirements in time.

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