Packaging and Packaging Waste Regulation (EU) 2025/40

What it is, what happened, who decided, what is being done, where to act. · updated 2026-09-02 · Ask about this act →

What it is

One directly applicable EU regulation replacing the 1994 directive: it sets what packaging may be placed on the market (recyclability, recycled plastic content, empty-space limits, bans), how it must be labelled, and who pays for its waste. The payer is the 'producer' — whoever first makes a packaged product available in a given member state — through that state's extended producer responsibility (EPR) scheme.

Article 1 of the act, verbatim Article 1

What happened

Since 2026-08-12 anyone shipping a packaged product to a buyer in another EU state counts as a producer THERE: they must register in that state's producer register, pay its packaging fees and — under Article 45(3) — appoint in writing an authorised representative established there. 27 registers, 27 representatives, 27 fee schedules. The fixed costs are the same for a multinational and for a one-person workshop sending two parcels a year.

71
articles
8
languages
24
preparatory documents
7 596
public submissions
25 213
submissions on proposals to amend it

What shows it

Art. 45(3), text in force: a producer 'shall appoint, by written mandate, an authorised representative for the extended producer responsibility in each Member State where the producer makes packaging or packaged products available for the first time, other than the Member State where the producer is established'.
The same duty appears in all three versions of the text we hold. Article 40(2) of the Commission proposal (2022-11-30): a producer 'shall appoint, by written mandate, an appointed representative for the extended producer responsibility in each Member State other than the Member State where it is established'. The Council's general approach (2023-12-18) and final compromise (2024-03-15) carry the same sentence. In the act in force it is Article 45(3).
In the public consultations on the packaging files: of over 4,000 readable submissions, 2,501 raise burden, cost or SME concerns and 46 read as plain support. Overwhelmingly small cross-border sellers.
The Commission's consultation on the register rules (opened 2026-08-06, closes 2026-09-10) drew 6,807 submissions in a month — more than the original proposal did in 2022.

Who decided what, and when

2022-11-30
European Commission
Tabled proposal COM(2022) 677. It already contained registration in EACH member state where the producer first makes packaging available (explanatory memorandum on Art. 39) and the concept of an 'appointed representative for the extended producer responsibility' (Art. 3(15)). The document names no Commissioner; the portfolio at the time was Environment (V. Sinkevičius, 2019–2024).
2022-12-02
Council of the EU (member states)
Received the proposal (ST 15581/22) and opened negotiations. Council votes and positions are no longer published as open data, so who argued what in the room cannot be traced — but the negotiating texts themselves are public and we hold them.
2023-11-22
European Parliament (9th term)
First-reading position (rapporteur Frédérique Ries, ENVI committee). 69 roll-calls; on the amended Commission proposal 10 of 11 Lithuanian members voted FOR, 1 abstained. The fight was over reuse targets and bans — not over per-country registration.
2023-12-18
Council of the EU (member states)
Adopted its general approach (ST 16946/23). Its Article 40(2) requires a producer to 'appoint, by written mandate, an appointed authorised representative for the extended producer responsibility in each Member State other than the Member State where it is established' — the same duty as in the Commission proposal, narrowed to a defined category of producer (Art. 3(10)(iii)).
2024-03
Parliament and Council (trilogue)
Provisional agreement. Article 45(3) — a mandatory representative in each state — stayed in the final text.
2024-03-15
Council of the EU (Coreper)
Endorsed the final compromise text (ST 7859/24) and sent it to Parliament's ENVI committee. The authorised-representative duty survived in it word for word.
2024-04-24
European Parliament
Approved the agreed text (TA-9-2024-0318). This was among the last votes of the 9th term before the June 2024 elections.
2024-12-19
Parliament and Council
Act signed; published 2025-01-22, in force 2025-02-11, applicable from 2026-08-12.

Every record: lobbyists, meetings, amendments, votes → · All preparatory documents →

Who is responsible? Questions people ask

Is the Lithuanian government to blame?

Not for the obligation itself. The regulation applies directly; in August 2026 the Ministry of the Economy confirmed in writing that per-country registration and the authorised-representative duty 'flow directly from the Regulation' and Lithuania cannot soften them nationally. But three things stay national: (1) Lithuania's position in Council — both when the act was negotiated in 2022–2024 and in 2026 on the Commission's proposal to suspend it; (2) the national register's procedure, fees and reporting forms; (3) penalties and their enforcement — in August 2026 the Commission itself urged states not to impose sanctions for now.

Who came up with registration and a representative in every country?

This can now be checked against documents rather than accounts. The duty to appoint a representative in every member state was already in Article 40(2) of the Commission's 2022 proposal and survived word for word into the Council's general approach (Dec 2023) and the final compromise (Mar 2024); in the act in force it is Article 45(3). The Council did not insert it — it narrowed it, scoping it to a defined category of distance-selling producer. So Commissioner Sinkevičius's account, that the original proposal carried no such burden and that the text drifted because of member states, does not match the texts we hold on this particular duty. What was said inside Council meetings remains unknown: there is no vote record. But the negotiating texts are public, and the duty stands in them from day one.

Did anyone warn in advance?

Barely. Before adoption (2022–2024) per-country registration and fees were raised 32 times in the consultations; the fight was over reuse targets and bans. In 2025–2026 the same theme has 2,119 mentions and SME burden 2,949. The pain arrived with application, not with deliberation.

Did today's Lithuanian MEPs vote for this?

Only some. The act was adopted in the 9th term (votes on 2023-11-22 and 2024-04-24); the current 10th term was elected in June 2024. Both lists are below: who voted then and who represents you now. The current members decide whether the Commission's proposal to suspend the representative rule passes.

Did Lithuania say anything about the proposal before it was adopted?

There is no public record. The Seimas has a document series for exactly this — a specialised committee's conclusion on an EU proposal, naming the ministry that drafted the national position and its arguments. We hold 1,256 of them, but the series ends in July 2016 and this proposal was tabled in 2022. The Seimas register shows only that COM(2022) 677 was received on 2022-12-01. Later positions are prepared in the Foreign Ministry's LINESIS system, which is not publicly accessible, and the Government publishes only a one-page decision approving 'the positions submitted by the ministry' without their content. So what Lithuania argued about Article 45 in the negotiations is a document-request question, not a search question — it can be asked of the Seimas Committee on European Affairs or the Foreign Ministry.

What is being done now

2025-09-10done
The Commission's call for evidence on simplifying environmental requirements (the COM(2025) 982 package) closed with 190,999 responses, among the largest in this field. We hold a 25,000 sample. Note: most of them argue about weakening environmental law in general rather than about packaging, which is why this page keeps the two counts apart.
2025-12-10pending
Commission tabled proposal COM(2025) 982: suspend the Article 45(3) duty of EU-established producers to appoint an authorised representative until 2035-01-01 (or until a Circular Economy Act). Needs Parliament and Council; not in force.
2026-03-11pending
In Parliament proposal COM(2025) 982 runs as procedure 2025/0395(COD): ENVI committee responsible, rapporteur Ingeborg ter Laak (NL); a draft report and amendments were tabled in spring 2026. Press reports a narrower exemption — only firms with up to 49 staff and €10m turnover; plenary first reading in October 2026 at the earliest. V. Sinkevičius (now an MEP) says he will support a threshold.
2026-06blocked
In Council a majority of member states spoke against the suspension; the proposal fell out of the burden-reduction package. No public record of the Council vote exists — Lithuania's position must be asked of the Environment Ministry, which coordinates it.
2026-08-05pending
The European Micro Enterprises Movement says it filed a petition with the European Parliament's Petitions Committee (PETI) and launched a public campaign: a moratorium, an EU-wide de minimis threshold, a one-stop-shop register. 65,000–70,000 signatures within a month. Checked 2026-09-02: the EP petitions register carries no numbered entry under that name yet (it does carry others on this regulation, e.g. No 2133/2025). Petitions take time to be registered, so for now this rests on press alone.
2026-08-06open
Commission published a draft implementing regulation on a single registration and reporting format for producer registers; consultation open until 2026-09-10. 6,807 submissions (as of 2026-09-02). · by 2026-09-10
2026-08-12in force
The regulation became applicable. Within days the Commission urged member states not to enforce key provisions and not to impose penalties until a fix is found; a senior official said the agreed rules 'fragment the single market' — the inverse of the proposal's own justification.
2026-08-20pending
In Lithuania: the Seimas Committee on Economics and Innovation and the Committee on Environment Protection forwarded a business appeal (No. G-2026-7942) to the ministries. The Economy Ministry replied: the duties flow from the regulation, no national exemptions are possible; the negotiating position on COM(2025) 982 is coordinated by the Environment Ministry; amendments to the Packaging Act (XVP-1673, XVP-1677) are before the Seimas.

Where you can act

  1. Commission consultation on the register format by 2026-09-10
    Anyone can submit feedback (up to 4,000 characters, attachment allowed). It is the only official channel open right now whose entries are published and which the Commission must summarise.
  2. Your 11 MEPs
    They will vote on COM(2025) 982 and on the ENVI exemption. Each EP profile has a contact form and e-mail. The list is below, with how those who sat in Parliament in 2023 voted.
  3. Ministry of Environment
    Forms Lithuania's Council position on COM(2025) 982 and drafts the Packaging Act amendments. The question nobody has answered publicly: how did Lithuania vote in Council in June 2026?
  4. Seimas Committees on Environment Protection and on Economics and Innovation
    Both already forwarded one appeal to the ministries (2026-08-21). Committees can summon ministers and table a resolution on Lithuania's Council position. Packaging Act bills XVP-1673 and XVP-1677 are in their hands.
  5. European Parliament Petitions Committee (PETI)
    A petition on PPWR has been filed (2026-08-05). Any EU resident can support it or file their own through the EP petitions portal.

Lithuania's MEPs: then and now

Vote 'on the amended Commission proposal' at first reading. Contact form and e-mail are on the EP profile.

9th term (voted on the act, 2023-11-22)

MemberGroupPartyVote
Petras AUŠTREVIČIUS · then and nowRenewLRLSfor
Vilija BLINKEVIČIŪTĖ · then and nowS&DLSDPfor
Stasys JAKELIŪNASVerts/ALEInd.did not vote
Rasa JUKNEVIČIENĖ · then and nowPPETS-LKDfor
Andrius KUBILIUSPPETS-LKDfor
Liudas MAŽYLIS · then and nowPPETS-LKDfor
Juozas OLEKASS&DLSDPfor
Bronis ROPĖVerts/ALELVZSfor
Aušra SEIBUTYTĖPPETS-LKDfor
Waldemar TOMASZEWSKI · then and nowECRLLRAabstained
Viktor USPASKICHNIDarbo partijafor

10th term (will vote on the fixes, since 2024-07)

MemberGroup
Vytenis Povilas ANDRIUKAITISS&DEP profile ↗
Petras AUŠTREVIČIUS · then and nowRenewEP profile ↗
Vilija BLINKEVIČIŪTĖ · then and nowS&DEP profile ↗
Petras GRAŽULISESNEP profile ↗
Rasa JUKNEVIČIENĖ · then and nowPPEEP profile ↗
Liudas MAŽYLIS · then and nowPPEEP profile ↗
Paulius SAUDARGASPPEEP profile ↗
Virginijus SINKEVIČIUSVerts/ALEEP profile ↗
Waldemar TOMASZEWSKI · then and nowECREP profile ↗
Aurelijus VERYGAECREP profile ↗
Dainius ŽALIMASRenewEP profile ↗

The Lithuanian side: what the Seimas is doing

A regulation applies directly, but authorities, the register and penalties are set by national law — these are its amendments.

BillStatusRegistered
XVP-1673Pakuočių ir pakuočių atliekų tvarkymo įstatymo Nr. IX-517 pakeitimo įstatymo projektas (nauja redakcija)Registruotas2026-06-23documents
XVP-1677Pakuočių ir pakuočių atliekų tvarkymo įstatymo Nr. IX-517 2, 6, 7, 7-1, 7-2, 10, 11-2 straipsnių pakeitimo ir Įstatymo papildymo 10-1 straipsniu įstatymo Nr. XVRegistruotas2026-06-23documents

The national layer

How many of each country's own laws in our corpora rest on this act — a measure of size, not a transposition score.

10
Slovenia
5
Lithuania
4
Sweden
1
Italy

How each country transposed it →

Latest coverage of this act

At most two articles per outlet; the full press record is on the footprint page.

Sources we hold

Every statement on this page rests on a document or article in this list or on the link beside the statement. Correspondence is not an official document: it is labelled.

Ministry of the Economy and Innovation, Vice-Minister Darius Zailskas · 2026-08 · correspondence, copy

Reply to appeal G-2026-7942 forwarded by the Seimas committees. Copy provided by the addressee; not published on an official site.

[LT original] Regulation (EU) 2025/40 is a directly applicable EU act, so the EPR requirements it lays down – including the producer's duty to register in each member state to whose market it supplies packaging and the currently applicable duty to appoint an authorised representative – flow directly from the Regulation, not from national regulation.
[LT original] The Ministry of Environment has already drafted and circulated amendments to the Packaging and Packaging Waste Management Act [...] so it is that ministry that forms and coordinates Lithuania's negotiating position on the EPR simplification initiative (COM(2025) 982).
Virginijus Sinkevičius, MEP (Commissioner for the Environment 2019–2024) · 2026-08 · correspondence, copy

Reply to a business owner, made public by the recipient. Not an official document — a personal position.

[LT original] The Commission's original proposal did not envisage such an administrative burden on small business [...] Unfortunately the final version of the regulation drifted significantly from that vision. That happened because of the member states' own positions in the EU Council.
[LT original] The Commission recommends that member states not apply this rule until the end of the year; in that time a solution is expected — a minimum threshold (EUR 10 million annual turnover) [...] or deferral to 2035.