Non-compliant packaging is not banned on sight. Article 62 of Regulation (EU) 2025/40 requires the Member State to first require the economic operator to end the non-compliance. Prohibition, recall or withdrawal follows only where an administrative defect persists, and substantive breaches attract penalties under Article 68.
Article 62 is headed Formal non-compliance. Paragraph 1 lists fourteen circumstances, from a declaration of conformity that has not been drawn up through to unmet recycled-content requirements, and provides that where a Member State becomes aware of one it shall require the relevant economic operator to put an end to the non-compliance concerned. The first step is an instruction to fix, not a sanction.
What follows depends on which track the defect sits in
| Track | Examples | Consequence if the non-compliance persists |
|---|---|---|
| Article 62(1), points (a) to (f): administrative | Declaration of conformity missing or drawn up incorrectly; Annex VII technical documentation unavailable, incomplete or containing errors; Article 15(6) or Article 18(3) information absent, false or incomplete | Member State takes all appropriate measures to prohibit the packaging from being made available, or to ensure it is recalled or withdrawn |
| Article 62(1), points (g) to (n): substantive | Articles 24 and 25 on excessive packaging and banned formats; Article 29 reuse targets; Article 6 recyclability; Article 7 recycled content | Member States apply the rules on penalties laid down under Article 68 |
Note the asymmetry. A missing document can end in loss of market access. A missed reuse target is penalised in money, not by removal of the goods.
How the Commission describes the first months
The August 2026 edition of the Commission FAQ states that enforcement of the obligations applicable from 12 August 2026 should not disrupt trade flows, supply chains or consumer access to goods, that an operator should first receive a warning and an opportunity to take corrective action, and that market surveillance authorities should support responsible operators rather than follow a sanction-oriented approach.
That is a description of administrative practice, not a grace period written into the regulation. The obligations themselves applied in full on 12 August 2026.
Sources: Regulation (EU) 2025/40, PPWR Frequently Asked Questions, second edition
Knowing which track a defect falls into decides how urgently it has to be closed, which is the triage step in EU PPWR solutions. The obligation dates behind each track are set out in the PPWR compliance guide.