What is sales packaging and do I need to declare it for EPR?

Yes, you must declare sales packaging for Extended Producer Responsibility (EPR) if your business is the first to place these primary packaging materials on a specific national market (Packaging and Packaging Waste Regulation (EU) 2025/40). From 1 January 2030, or 24 months after the Article 6 design-for-recycling delegated acts enter into force if that is later, sales packaging must reach at least 70% recyclability or it cannot be placed on the market.

Every consumer product sold on a physical shelf or sent from a fulfilment centre is enclosed in some form of sales packaging. This primary layer keeps your product safe, hygienic, and identifiable from the factory floor to the kitchen cabinet (Extended Producer Responsibility (EPR) - EEAS - European Union). For online merchants, brands, and importers, managing the compliance of this layer is an inescapable legal necessity under modern environmental laws (Extended Producer Responsibility (EPR) Around The World - BSI).

The EU Packaging and Packaging Waste Regulation (PPWR) has applied since 12 August 2026, so this packaging is subject to reporting duties now and to design mandates that phase in through 2030 (Commission publishes guidance to support implementation of new EU packaging rules). If your business places packaged goods on the market, you must track their weight, categorise their material components, and pay recovery fees to approved Producer Responsibility Organisations (PROs).

What sales packaging actually means

Under Article 3(1) point 5 of the EU PPWR, sales packaging is formally defined as packaging conceived so as to constitute a sales unit consisting of products and packaging to the end user at the point of sale. In the PPWR, Recital 10 explicitly states that sales packaging corresponds directly to primary packaging. It represents the immediate packaging that the consumer handles, takes home, and eventually discards into their household sorting bin.

Sales packaging represents the primary layer of protection that constitutes a sales unit delivered directly to the final consumer at the point of purchase.

When declaring sales packaging, environmental authorities require you to evaluate the packaging at the level of the "packaging item" as sorted by the consumer. A single Consumer Sales Unit (CSU) can comprise multiple packaging items that require separate assessments. For example, a plastic yoghurt pot with a separate paper label and an aluminium foil seal contains multiple components. Under Citeo guidelines in France, these are evaluated as a main packaging element and its integrated associated elements. This ensures that every part of the package, including caps, pumps, and labels, is accounted for in your total material declarations.

Does this apply to me?

Yes, if your business manufactures, imports, or distributes packaged products to consumers, sales packaging compliance applies to you. Under the PPWR, any manufacturer, importer, or distributor who makes packaged products available on a specific territory for the first time is classified as a producer, and Article 45(1) attaches extended producer responsibility to that role with no turnover or volume de minimis.

Below 10 tonnes of sales packaging a year in a Member State you file the reduced Article 44(8) data set, which is a shorter report and not an exemption. National thresholds that used to remove the obligation can no longer be relied on for that purpose, even where the national forms and fee schedules have not caught up.

National registration duties by market

Your exact administrative and financial duties depend on the national market where you operate:

• In Sweden: Under Ordinance 2022:1274, you must register as a packaging producer with the Swedish Environmental Protection Agency (Naturvårdsverket) before introducing packaging to the market. There is no de minimis threshold for registration. You must also contract an approved Producer Responsibility Organisation, such as Näringslivets Producentansvar (NPA) or TMResponsibility AB. NPA charges an annual fee of SEK 2,500 plus weight-based fees to finance municipal collection systems.
• In France: Under French law, businesses placing household packaging on the market must register to obtain a Unique Identifier Number (UIN) from ADEME. You must declare your packaging volumes annually to Citeo. If you place under 10,000 CSUs on the French market per year, you can choose a simplified flat rate of €80 excl. Tax, while higher volumes require detailed declarations.
• In the United Kingdom: Under packaging EPR (pEPR), you must collect and report data if your business has an annual turnover of £1 million or more and was responsible for supplying more than 25 tonnes of packaging. Small producers must report data annually by 1 April, while large producers must report twice a year and pay waste disposal fees.
• In the Netherlands: Verpact applies a 50,000 kg per year invoicing threshold, so producers below it file a declaration without paying a waste management contribution, and a simplified declaration is available for companies introducing under 10,000 kg annually. That threshold remains in force: Verpact and the Dutch government's own planning expect it to lapse only in 2027/2028, once the Netherlands stands up the PPWR's own harmonised producer register. Single-use plastic and deposit-return packaging carry no threshold and must always be declared.

By what deadlines must sales packaging meet its recyclability thresholds?

To transition toward a circular economy, regulators have established strict deadlines, material thresholds, and fee structures for sales packaging.

The table below outlines the key legal dates, thresholds, and financial metrics that apply to sales packaging across different environmental jurisdictions.

Sales packaging must be designed for recycling in accordance with Article 6 of the PPWR from 1 January 2030, or 24 months after the design-for-recycling delegated acts enter into force, whichever is later. From that date, any packaging unit placed on the market must reach a recyclability performance grade of A, B or C. Packaging below 70% recyclability is graded as technically non-recyclable and cannot be placed on the market, and grade C is barred from 1 January 2038.

Common misconceptions about sales packaging

• Sales packaging only includes the main container. Many sellers assume they only need to declare the weight of the main plastic bottle or glass jar. However, the legal definition of a packaging unit includes any integrated or separate components, such as labels, caps, lids, and adhesives. If an integrated component like an adhesive label weighs less than 5% of the overall packaging weight, its weight can be reported under the material category of the main container.
• B2B sales packaging is exempt from EPR registration. It is a common belief that packaging used for commercial products is exempt from residential waste fees. While bulk transport packaging discarded in a commercial warehouse may fall under commercial rules, any packaging that is designed to constitute a sales unit to the end user - including a professional end user - is classified as sales packaging. If the packaged product is eventually managed through residential municipal waste systems, it carries full registration and reporting duties.
• Compostable and bio-based plastics are exempt from plastic taxes. Some brands select bio-based polymers like Polylactic Acid (PLA) to avoid plastic packaging regulations. In Germany, manufacturers using biodegradable or organic packaging must still participate in a dual system, register with LUCID, and pay standard fee contributions. Under the UK Plastic Packaging Tax, the tax applies to all plastic packaging components containing less than 30% recycled plastic, with no legal exemption for compostable or bio-based plastics.
• Using a fulfilment service provider removes your producer responsibility. Online merchants often assume that if a third-party logistics company handles warehousing and packing, they are exempt from EPR. Under the PPWR, the primary brand owner or trademark holder is legally considered the manufacturer and remains responsible for the packaging. Fulfilment service providers carry their own duties, chiefly the Article 45(7) information checks and reporting the transport packaging they unpack and discard on site, and several Member States make them or the marketplace liable in place of a non-EU seller that has appointed no authorised representative.

5 examples of sales packaging

• Soda-lime silica glass bottles. These rigid glass containers directly hold beverages or cosmetics. Glass is highly recyclable, but the glass body, the metal cap, and the paper label must all be weighed and declared separately under their respective material streams.
• PET thermoform clear trays. Transparent plastic trays used to pack fresh foods or small consumer goods. Under Verpact rules in the Netherlands, highly recyclable rigid mono-PET formats can qualify for lower eco-modulated fees, while coloured or multi-layer plastic trays face financial surcharges.
• Corrugated cardboard shoe boxes. Standard cardboard boxes that enclose clothing, footwear, or electronic devices at the point of sale. These boxes must be designed to minimise material weight under 2030 packaging minimisation mandates and must be declared under the paper and cardboard category.
• Aluminium aerosol containers. Rigid metal cans used for personal care or household products. These containers are highly recyclable and have specific material recycling targets under EU and national EPR schemes.
• Composite plastic food pouches. Flexible packaging bags constructed from laminated plastic and aluminium foils to protect fresh foodstuffs. Because the plastic and metal layers cannot be separated by hand, they are classified as composite multi-material packaging and are subject to higher EPR fee rates.

Terms related to sales packaging

Understanding the boundaries of sales packaging requires comparing it with other packaging types defined in global environmental regulations.

Frequently asked questions

Do I need to declare the plastic pump on my cosmetic bottle as part of my sales packaging?

Yes, you must declare every part of your packaging unit: dispensers, pumps, caps, lids and labels. A pump over 5% of total packaging weight that stays attached when discarded can be reported under the main bottle's material category.

How do I know if my primary product box is classified as sales packaging or transport packaging?

A box enclosing the product as a single unit at the point of sale is sales packaging, while one added to protect multiple units in bulk transport, discarded before shelf-restocking, is transport packaging.

What is the penalty for placing sales packaging on the market in France without registration?

Failing to register with ADEME for a Unique Identifier Number (UIN) can bring fines of up to €30,000. Marketplaces must verify your UIN too, applying automatic per-order fees or suspending your store if you stay non-compliant.

Are there any exemptions from the PPWR recyclability requirements for sales packaging?

Yes, Article 6 of the PPWR exempts immediate packaging that contacts medicinal products, plus contact-sensitive plastic packaging for medical devices and infant food, from recyclability targets. Sales packaging made from lightweight wood, cork, textile, rubber or porcelain is also exempt, since these categories total less than 1% of EU packaging.

Do I need to declare the sales packaging of second-hand products I sell online?

If your business is based in France and sells second-hand goods in their original packaging, you do not need to declare it. Responsibility lies with the original producer who first placed it on the French market. Importing second-hand packaged products into France instead makes you the first importer responsible for declaring it.

How are sales packaging fees modulated under modern EPR schemes?

PROs modulate fees by packaging recyclability and design. Under Verpact rules in the Netherlands, easily recyclable rigid mono-materials get discounts, while multi-layer plastics, composite formats and dark rigid plastics that disrupt sorting face surcharges.

Sources:

• Packaging and Packaging Waste Regulation (EU) 2025/40
• Extended Producer Responsibility (EPR) - EEAS - European Union
• Extended Producer Responsibility (EPR) Around The World - BSI
• Packaging Producer - What Applies to You - Naturvårdsverket
• Commission publishes guidance to support implementation of new EU packaging rules
• EU PPWR - Packaging and Packaging Waste Regulation - Business.gov.uk