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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  70

CELEX:  32025R0040

Repeal and transitional provisions
1. Directive 94/62/EC is repealed with effect from 12 August 2026, with the exception of:
(a) Article 8(2) of Directive 94/62/EC, which shall continue to apply until 30 months from the date of entry into force of the implementing act adopted pursuant to Article 12(6) of this Regulation;
(b) Article 9(1) and (2) of Directive 94/62/EC, which shall continue to apply with regard to the essential requirements pursuant to point 1, first indent, of Annex II to that Directive until 31 December 2029;
(c) Article 5(2) and (3), Article 6(1), points (d) and (e), and Article 6a of Directive 94/62/EC, which shall continue to apply until 31 December 2028;
(d) Article 12(3a), (3b), (3c) and (4) of Directive 94/62/EC, which shall continue to apply until 31 December 2028, except as regards the transmission of data to the Commission, in respect of which it shall continue to apply until 31 December 2029.
2. Decision 97/129/EC is repealed with effect from 12 August 2028.
3. Decisions 2001/171/EC and 2009/292/EC shall remain in force and continue to apply until repealed by delegated acts adopted by the Commission pursuant to Article 5(8) of this Regulation.
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  70

CELEX:  32025R0040

4. Member States may maintain national provisions restricting the placing on the market of packaging in the formats and for uses listed in points 2 and 3 of Annex V until 1 January 2030. Article 4(3) shall not apply in relation to those national measures until 1 January 2030.
5. References to the repealed Directive 94/62/EC shall be construed as references to this Regulation and shall be read in accordance with the correlation table in Annex XIII to this Regulation.