In January last year, the European Union published Regulation (EU) 2025/40, a regulatory milestone that marks a before and after in resource management and the circular economy. This rule is not a simple courtesy update; it represents a radical transformation that repeals the historic Directive 94/62/EC and substantially amends Regulation (EU) 2019/1020 and Directive (EU) 2019/904 (known as the single-use plastics directive).
The choice of a Regulation rather than a Directive as the legal form is a strategic move by Brussels. Whereas directives require transposition into national law, which often produces divergent interpretations, a Regulation is directly and uniformly applicable. This guarantees an identical legal framework for all member states, removing the trade barriers and the fragmentation that hindered fair competition in the internal market.
An imminent and demanding implementation timetable
Unlike previous legislative processes, Regulation (EU) 2025/40 BOE.es – DOUE-L-2025-80087 Reglamento (UE) 2025/40 del Parlamento Europeo y del Consejo, de 19 de diciembre de 2024, sobre los envases y residuos de envases, por el que se modifican el Reglamento (UE) 2019/1020 y la Directiva (UE) 2019/904 y se deroga la Directiva 94/62/CE. has a much faster and more forceful enforcement power. The timetable of obligations has already started to run. It is estimated that by May 2026 most of the general provisions will be fully applicable.
Such a tight deadline forces companies to carry out immediate audits of their data systems and compliance protocols. The new European scrutiny will not allow prolonged grace periods; organisations must be ready to report the traceability of their materials with surgical precision from the first day of effective application.
The end of unnecessary packaging: Goodbye to commercial «void»
One of the most ambitious and visible pillars of the legislation is the head-on fight against over-packaging, a practice that has generated unsustainable volumes of waste over the last decade. The Regulation introduces binding targets for reducing packaging waste per capita: 5 % by 2030, 10 % by 2035 and 15 % by 2040.
To reach these figures, from 1 January 2030 the text prohibits everyday formats that until now were considered indispensable:
- Fruit and vegetables: A total ban on single-use plastic packaging for fresh produce weighing less than 1.5 kg.
- HORECA sector: Elimination of courtesy «mini» formats in hotels (shampoos, creams) and of individual portions in catering (such as sauce or sugar sachets), encouraging the use of refillable dispensers or bulk formats.
- E-commerce: A maximum «void» limit of 50 % is established. This puts an end to the familiar image of receiving a small product inside a giant box full of air cushions or paper filling, forcing logistics packaging to be optimised.
Design for Circularity: The challenge of 100% recyclable
The Regulation establishes that by 2030 all packaging placed on the EU market must be recyclable. But the rule goes beyond the simple word «recyclable». Strict «Design for Recycling» (DfR) criteria are introduced, assessing how easily a package can be separated and processed in today’s treatment plants.
Minimum percentages of post-consumer recycled content are also imposed. By 2030, plastic packaging will have to incorporate a specific share of recovered material. This measure seeks to close the economic loop: by requiring the use of recycled plastic, it ensures that the waste has real market value, incentivising investment in recycling infrastructure and drastically reducing dependence on virgin oil-derived raw materials.
Recovery and reuse: The 90% target
The legal framework clearly prioritises reuse over traditional waste management. Specific targets are set for beverages and transport packaging, forcing industry to rethink its business model towards circular systems in which the packaging returns to the producer.
One of the most critical milestones is set for 2029: member states must ensure the separate collection of 90 % of plastic bottles and beverage cans. To reach this almost total figure, the Regulation actively promotes the introduction of Deposit, Return and Refund Systems (SDDR). This system, already successful in countries such as Germany and Norway, means that the consumer pays a small amount which is recovered on returning the empty container, guaranteeing exceptional purity of the recovered material.
Impact on governance, compliance and competitiveness
The amendment of Regulation (EU) 2019/1020 grants the authorities reinforced powers for market surveillance. This is vital for protecting European industry: it will ensure that imports from third countries meet exactly the same environmental standards, preventing unfair competition.
In addition, Extended Producer Responsibility (EPR) is evolving towards eco-modulation of fees. In simple terms: companies using packaging that is easy to recycle or has a high recycled content will pay lower fees into the system. Conversely, complex, multilayer or hard-to-process coloured designs will be penalised financially. Sustainability ceases to be an ethical option and becomes a direct factor in financial profitability.
Sources and the future of the sector
This regulation is based on the exhaustive reports of the European Environment Agency (EEA) and on a historic consensus between the Council and the European Parliament during 2024. For any organisation, early adaptation is not only a matter of legal compliance; it is the only way to survive in a market where efficiency in the use of materials will be the main indicator of industrial competitiveness. We are facing a green industrial revolution that will redefine our relationship with consumption and resources over the coming decades.