Recital 96
(96) Achieving re-use and refill targets can be challenging for smaller economic operators. Therefore, certain economic operators should be exempt from the obligation to meet the packaging re-use targets if they place less than a certain volume of packaging on the market and fulfil the definition of micro-enterprise set out in Commission Recommendation 2003/361/EC (35) as applicable on 11 February 2025, or if a final distributor has a sales area under a certain surface limit. For those purposes, the power to adopt acts in accordance with Article 290 TFEU should be delegated to the Commission in respect of amending the sales area threshold, establishing and specifying the detailed conditions and reporting requirements to be applied to final distributors’ pooling arrangements, amending the size threshold for the exemption of economic operators, and establishing further exemptions for certain other economic operators or specific packaging formats covered by the re-use or refill targets in case of particular economic constraints, severe hygiene, food safety or environmental issues preventing the achievement of those targets.
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Source: EUR-Lex CELLAR · retrieved 2026-08-26 · Text as adopted (Official Journal); later amendments are not incorporated in this text.