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Regulation (EU) 2025/40 of the European Parliament and of the Council of 19 December 2024 on packaging and packaging waste, amending Regulation (EU) 2019/1020 and Directive (EU) 2019/904, and repealing Directive 94/62/EC (Text with EEA relevance) article 62 CELEX: 32025R0040 1. Where a Member State becomes aware of any of the following circumstances, it shall require the relevant economic operator to put an end to the non-compliance concerned: (a) the EU declaration of conformity has not been drawn up; (b) the EU declaration of conformity has not been drawn up correctly; (c) the QR code or data carrier referred to in Article 12 do not provide access to the information required in accordance with that Article; (d) the technical documentation referred to in Annex VII is not available, is not complete or contains errors; (e) the information referred to in Article 15(6) or Article 18(3) is absent, false or incomplete; (f) any other administrative requirement set out in Article 15 or Article 18 is not fulfilled; (g) the requirements on restrictions on excessive packaging or on uses of certain packaging formats set out in Articles 24 and 25 are not complied with; (h) in relation to reusable packaging, the requirements on the establishment, operation or participation in a re-use system referred to in Article 27 are not fulfilled; (i) in relation to refill, the information requirements set out in Article 28(1) and (2) are not fulfilled; (j) the requirements on the refill stations set out in Article 28(3) are not fulfilled; (k) the re-use targets set out in Article 29 are not achieved; (l) the refill obligations in Article 32 and re-use offer obligation in Article 33 are not fulfilled; (m) the requirements on recyclable packaging set out in Article 6 are not fulfilled; (n) the requirements on minimum recycled content in plastic packaging set out in Article 7 are not fulfilled. |
Regulation (EU) 2025/40 of the European Parliament and of the Council of 19 December 2024 on packaging and packaging waste, amending Regulation (EU) 2019/1020 and Directive (EU) 2019/904, and repealing Directive 94/62/EC (Text with EEA relevance) article 62 CELEX: 32025R0040 2. Where the non-compliance referred to in paragraph 1, points (a) to (f), persists, the Member State concerned shall take all appropriate measures to prohibit the packaging from being made available on the market or to ensure that the packaging is recalled or withdrawn from the market. 3. Where the non-compliance referred to in paragraph 1, points (g) to (n), of this Article persists, Member States shall apply the rules on penalties applicable to infringements of this Regulation which are laid down by the Member States in accordance with Article 68. |