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Packaging rule · European Union · Other

Packaging and Packaging Waste Directive 94/62/EC repealed

Packaging rule covering all packaging in the European Union, set by European Parliament and Council of the EU. Expired.

By the SPI teamRule ID PR-EU-013Source consulted 14 October 2026Verified 14 October 2026
Sourced facts

The rule

Recorded from the official source named below. Rates and dates are as the source states them on the date it was consulted.

Jurisdiction
European Union
Authority
European Parliament and Council of the EU
Rule type
Other
Materials
All packaging
Status
Expired Enacted
Adopted or published
20 December 1994
Ends
12 August 2026
From the source

“was generally repealed on 12 August 2026”

Official source European Commission (DG ENV): Packaging wasteOfficial (government or regulator) · consulted 14 October 2026

Deadlines

Key dates

  1. Adopted or published 31 years ago

  2. Ends 2 months ago

  3. Source consulted by the SPI team 1 day ago

  4. Re-checked by a second SPI team member 1 day ago

SPI analysis

What it means

SPI analysis Our reading of the official source above. Not legal advice; always rely on the official text.

SPI summary

The 1994 Packaging and Packaging Waste Directive was generally repealed on 12 August 2026, when the PPWR began to apply; some provisions continue to apply after that date.

In practice

The 1994 Packaging and Packaging Waste Directive was generally repealed on 12 August 2026, when Regulation (EU) 2025/40 began to apply (DG ENV). For manufacturers, converters and brand owners, the main packaging rules now come from a directly applicable regulation rather than national laws transposing a directive, and national packaging laws are being adapted, as in Germany. DG ENV notes that some provisions continue to apply after that date, so the repeal is not a clean cut-over.

Where the record is unclear

  • The DG ENV page does not list which provisions continue to apply after 12 August 2026, and SPI has not yet checked the repeal article of Regulation (EU) 2025/40.
  • How references to the repealed directive in other EU acts, such as Decision 2020/2053, are to be read was not confirmed on the pages consulted.

Where it sits in the tracker

  • One of 18 packaging rules we track in the European Union, of which 2 are other rules.
  • In all, 3 other rules are tracked across 2 jurisdictions. Compare them below
SPI analysis

Overview

Directive 94/62/EC of 20 December 1994, published in OJ L 365 of 31 December 1994, was the Union's packaging framework for more than three decades. Article 1 gave it two aims: harmonising national packaging measures to secure a high level of environmental protection, and keeping the internal market working, with prevention as the first priority. Member States had to transpose it before 30 June 1996 under Article 22(1)2.

Regulation (EU) 2025/40 repeals the directive6. DG ENV states that it was generally repealed on 12 August 2026 and that some provisions continue to apply after that date1. Recital 3 of the Regulation explains the switch: the directive's essential requirements and its recovery and recycling targets give way to directly applicable rules7. EUR-Lex lists 31 December 2028 as the date the directive will no longer be in force4, which fits the residual application DG ENV describes; SPI has not yet confirmed the repeal article of the Regulation against the official text.

Duties

Who must do what

Member States (what it required)

  • Set up return, collection and recovery systems open to economic operators and to imported products on non-discriminatory terms (Article 7(1))2.
  • Recycle 65% of all packaging waste by 31 December 2025 and 70% by 31 December 2030, with material targets such as 50% and 55% for plastic and 75% and 85% for paper and cardboard (Article 6(1)(f) to (i))3.
  • Have EPR schemes in place for all packaging by 31 December 2024 (Article 7(2)) and report data electronically within 18 months of each reporting year (Article 12)3.
  • Reduce lightweight plastic carrier bag use, for example to 90 bags per person by the end of 2019 and 40 by the end of 2025 (Article 4(1a))3.

Packaging makers (what it required, through national law)

  • Place on the market only packaging meeting the Annex II essential requirements, with conformity presumed for packaging made to harmonised standards (Article 9)2.
  • Keep lead, cadmium, mercury and hexavalent chromium together at or below 100 ppm by weight, after earlier steps of 600 and 250 ppm (Article 11)2.
Scope

Are you in scope?

Work through each question. The answers are the SPI team's reading of the sources cited.

  1. Does your compliance file still cite a national law that transposed Directive 94/62/EC?

    If yes
    Check whether that law has been amended or replaced, as in Germany; the directly applicable Regulation governs from 12 August 20261.
    If no
    Your references already point to the Regulation.

  2. Does your recyclability evidence rest on EN 13430:2004?

    If yes
    The Commission says manufacturers follow the directive's regime and such standards until Article 6(2)(a) of the Regulation applies5.
    If no
    Design-for-recycling criteria will apply once the delegated acts and dates in Article 6(2)(a) are met5.

  3. Does your minimisation evidence rest on EN 13428:2004?

    If yes
    Existing minimisation requirements stay until the end of 2029 under Article 70(1)(b) of the Regulation5.
    If no
    Article 10(1) of the Regulation applies from 1 January 20305.

  4. Do your packs use Decision 97/129/EC material codes?

    If yes
    The abbreviations stay allowed until 12 August 2028, when the decision is repealed58.
    If no
    No change is needed on that point.
Checklist

Compliance checklist

  1. Re-map legal references

    By Now

    SPI analysis of the official text. Not legal advice; confirm with the text or counsel. Replace references to Directive 94/62/EC and national transposing acts in specifications, declarations and contracts with the article of Regulation (EU) 2025/40 that now governs each duty6.

    Evidence to keep Reference table from old provision to new article.

  2. Keep standard-based files alive

    By 31 December 2029

    Minimisation evidence under EN 13428:2004 stays relevant until the end of 2029, and recyclability evidence under the old regime and EN 13430:2004 until Article 6(2)(a) design-for-recycling applies, in 2030 at the earliest5.

    Evidence to keep Current EN 13428 and EN 13430 files on record.

  3. Switch material codes

    By 12 August 2028

    Plan the move from Decision 97/129/EC codes to the harmonised label covered by PR-EU-0035.

    Evidence to keep Artwork plan per SKU.

  4. Identify national successor laws

    By Now

    For each market, find the act that adapts or replaces the old transposition, starting with Germany's PR-DE-0011.

    Evidence to keep Country list of successor acts.

  5. Treat 2028 as the outer limit

    By 31 December 2028

    Until the repeal article is confirmed, use the EUR-Lex end-of-validity date of 31 December 2028 as the latest date any directive provision can apply4.

    Evidence to keep Dated note of the residual provisions relied on.

Enforcement

Enforcement and penalties

Who enforces
National authorities, formerly under the transposing laws and now under Regulation (EU) 2025/401
Powers
The directive bound Member States; obligations on companies were enforced through each national transposing law2.
Enforcement so far
No EU-level infringement action relevant here was identified in the sources consulted in October 2026.

Transitional provisions: the Commission's guidance names two carry-overs from the old regime, minimisation requirements and their standard until the end of 2029 under Article 70(1)(b), and recyclability until Article 6(2)(a) applies. Article 70(4) also preserves national bans on the fruit and vegetable and HORECA formats of Annex V until the start of 20305.

Connections

How it fits with other rules

Timeline

History of the rule

  1. Directive 94/62/EC adopted2.

  2. Published in OJ L 3652.

  3. Transposition deadline (Article 22(1))2.

  4. Directive 2004/12/EC amendment published3.

  5. Directive 2005/20/EC amendment published3.

  6. Commission Directive 2013/2/EU amendment published3.

  7. Directive (EU) 2015/720 on lightweight plastic carrier bags published3.

  8. Directive (EU) 2018/852 sets the 2025 and 2030 targets3.

  9. Deadline for EPR schemes covering all packaging3.

  10. Generally repealed as Regulation (EU) 2025/40 applies1.

  11. Today

  12. End of validity listed on EUR-Lex4.

Questions

Questions

Is Directive 94/62/EC still in force?

DG ENV says it was generally repealed on 12 August 2026, when Regulation (EU) 2025/40 began to apply, and that some provisions continue to apply after that date1. EUR-Lex lists 31 December 2028 as the date it will no longer be in force4.

What recycling targets did the directive set for 2025 and 2030?

After the 2018 amendment, Article 6(1) required 65% of all packaging waste to be recycled by 31 December 2025 and 70% by 31 December 2030. The 2030 material targets were 55% for plastic, 30% for wood, 80% for ferrous metals, 60% for aluminium, 75% for glass and 85% for paper and cardboard3.

Can manufacturers still rely on EN 13428 and EN 13430?

For now, according to the Commission's June 2026 guidance. Minimisation follows the existing requirements and EN 13428:2004 until the end of 2029, and recyclability follows the old regime and EN 13430:2004 until Article 6(2)(a) of the Regulation applies5.

What heavy metal limit did the directive set?

Article 11 capped lead, cadmium, mercury and hexavalent chromium combined at 600 ppm, then 250 ppm and finally 100 ppm by weight. The steps fell two, three and five years after the 30 June 1996 transposition date2.

How often was the directive amended?

The consolidated text of 4 July 2018 lists seven amending acts, from Regulation (EC) No 1882/2003 to Directive (EU) 2018/852. The 2015 amendment, Directive (EU) 2015/720, brought in the lightweight plastic carrier bag measures in Article 4(1a)3.

Glossary

Definitions

Packaging (Directive 94/62/EC)
Under Article 3(1), all products made of any materials of any nature used for the containment, protection and the other functions listed there, covering sales, grouped and transport packaging2.2
Packaging (Regulation (EU) 2025/40)
Defined in EU Packaging and Packaging Waste Regulation (PPWR) applies PR-EU-001
Sources

Sources for this analysis

  1. European Commission (DG ENV): Packaging waste Official · Consulted 14 October 2026
  2. EUR-Lex: Directive 94/62/EC, OJ L 365, 31.12.1994, original text Official · Consulted 14 October 2026
  3. EUR-Lex: Directive 94/62/EC, consolidated text of 4.7.2018 Official · Consulted 14 October 2026
  4. EUR-Lex: Directive 94/62/EC, document information page Official · Consulted 14 October 2026
  5. EUR-Lex: Commission Notice C/2026/3084, Guidance document for Regulation (EU) 2025/40 on packaging and packaging waste (OJ C, 10.6.2026) Official · Consulted 14 October 2026
  6. EUR-Lex: Summaries of EU legislation, Packaging and packaging waste (from 2026) Official · Consulted 14 October 2026
  7. EUR-Lex: Regulation (EU) 2025/40, OJ L 22.1.2025 Official · Consulted 14 October 2026
  8. EUR-Lex: Commission Decision 97/129/EC, document information page Official · Consulted 14 October 2026
  9. European Parliament Legislative Observatory: Regulation (EU) 2025/40 summary Consulted 13 October 2026
  10. EUR-Lex: Council Decision (EU, Euratom) 2020/2053 Consulted 13 October 2026
  11. EUR-Lex: Directive (EU) 2019/904 Consulted 13 October 2026

Written by the SPI team on 14 October 2026. Sources checked as of 14 October 2026. SPI analysis, not legal advice; always rely on the official text.

Audit trail

Change history

Verified: a second SPI team member re-checked every fact above against the source on 14 October 2026. Any later change to the facts sends the rule back to Sourced and is logged here.

  1. Verified by a second SPI team member

  2. Changed: SPI summary, rate note

  3. Verified by a second SPI team member

  4. Added to the tracker

Spotted an error? Write to sales@strategicpackaginginsights.com quoting PR-EU-013 and the source. Corrections are logged in this history.

Other jurisdictions

Other rules elsewhere

The same type of rule for the same materials in other jurisdictions, by the date it applies.

RuleWhereTypeMaterialsStatusApplies from
Plastic Resource Circulation ActPR-JP-001JapanOtherPlasticIn force1 April 2022

Every other rule in the tracker

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