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1. By 1 January 2030 or 3 years from the entry into force of the implementing acts adopted pursuant to paragraph 2, whichever is the latest, economic operators who fill grouped packaging, transport packaging or e-commerce packaging shall ensure that the maximum empty space ratio, expressed as a percentage, is 50 %.

2. By 12 February 2028, the Commission shall adopt implementing acts to establish the methodology for the calculation of the empty space ratio referred to in paragraph 1. That methodology shall take into account the special characteristics of packaging which needs to be placed in an empty space that is large enough to comply with applicable legal requirements or to protect the product, such as, in particular, packaged products of irregular shape, packaging containing more than one sales packaging or product, packaging containing liquid products, packaged products the content of which can easily be damaged and packaged products that can be damaged by larger products due to their small dimensions, and the minimum space on the transport packaging to enable shipment labels to be affixed. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 65(2).

3. For the purpose of the calculation of the ratio referred to in paragraph 1:

(a) empty space shall mean the difference between the total volume of grouped packaging, transport packaging or e-commerce packaging and the volume of sales packaging contained therein;

(b) empty space ratio shall mean the ratio of the empty space as defined in point (a) and the total volume of the grouped packaging, transport packaging or e-commerce packaging. Space filled by filling materials, such as paper cuttings, air cushions, bubble wraps, sponge fillers, foam fillers, wood wool, polystyrene or Styrofoam chips, shall be considered as empty space.

4. By 12 February 2028, the economic operators who fill sales packaging shall ensure that empty space is reduced to the minimum necessary for ensuring the packaging functionality, including product protection. The empty space ratio for sales packaging shall mean the difference between the total internal volume of the sales packaging and the volume of the packaged product. For the purpose of assessing compliance with this paragraph, space filled by filling materials, such as paper cuttings, air cushions, bubble wraps, sponge fillers, foam fillers, wood wool, polystyrene or Styrofoam chips, shall be considered as empty space. For sales packaging for products that are subject to settlement during transportation or where headspace is required to protect the food product, or other products that present these characteristics:

(a) compliance with this paragraph shall be assessed as the pack-fill level at the time of filling;

(b) air between or within packed foodstuff or protective gases shall not be considered as empty space.

5. Economic operators using sales packaging as e-commerce packaging or using reusable packaging within a system of re-use shall be exempt from the obligation laid down in paragraph 1 of this Article. They shall nevertheless ensure that such sales packaging complies with the requirements set out in Article 10.

6. By 12 February 2032, the Commission shall review the empty space ratio referred to in paragraph 1 as well as the exemptions in paragraph 5, and assess the possibility of establishing empty space ratios for sales packaging, particularly for toys, cosmetics, do-it-yourself kits and electronic products.