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). By 1 January 2030, sales packaging must achieve 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).

As EPR and the EU Packaging and Packaging Waste Regulation (PPWR) take effect, this packaging is subject to strict design and reporting mandates (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.

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 general threshold of 50,000 kg of packaging per year for invoicing. If your total packaging weight is lower than 50,000 kg, you do not pay a waste management contribution, but you must still file a declaration. Under Verpact rules, a simplified declaration is available for companies introducing under 10,000 kg of packaging annually.

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.

By 1 January 2030, all sales packaging must be designed for recycling in accordance with Article 6 of the PPWR. This means that any packaging unit placed on the market must achieve a recyclability performance grade of A, B, or C. Packaging that falls below 70% recyclability is graded as technically non-recyclable and its placing on the market will be restricted.

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 are only held responsible for reporting if they receive goods from non-EU sellers who have not appointed an authorised representative in the Union.

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 all parts of your primary packaging unit, including dispensers, pumps, caps, lids, and labels. Under the component threshold rule, if the pump represents more than 5% of the total packaging weight and remains attached when discarded, it can be reported under the material category of the main bottle.

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

The classification depends on the packaging's primary function and whether it is delivered to the final customer. If the box encloses the product as a single unit at the point of sale, it is classified as sales packaging. If the box is added solely to protect multiple units during bulk transport and is discarded before the shelf-restocking stage, it is transport packaging.

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

Failing to register with ADEME and obtain a Unique Identifier Number (UIN) can result in administrative fines of up to €30,000. In addition, online marketplaces are legally required to verify your UIN, and they will apply automatic per-order fees to your sales or suspend your store if you remain non-compliant.

Are there any exemptions from the PPWR's 2030 recyclability requirements for sales packaging?

Yes, Article 6 of the PPWR provides specific exemptions from recyclability targets for immediate packaging that directly contacts medicinal products, as well as contact-sensitive plastic packaging for medical devices and infant food. Sales packaging made from lightweight wood, cork, textile, rubber, or porcelain is also exempt, as these categories represent less than 1% of the total weight of packaging placed on the EU market.

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

If your business is established in France and you sell second-hand goods in their original packaging, you do not need to declare that primary packaging. The responsibility lies with the original producer who first placed it on the French market. However, if you import second-hand packaged products from abroad into France, you are responsible for declaring the packaging as the first importer.

How are sales packaging fees modulated under modern EPR schemes?

PROs modulate system participation fees based on the recyclability and design of your packaging. Under Verpact rules in the Netherlands, easily recyclable rigid mono-materials receive discounts, while multi-layer plastics, composite formats, and dark rigid plastic packaging that disrupt optical sorting systems face significant fee 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