Article 63 of Regulation (EU) 2025/40, the EU Packaging and Packaging Waste Regulation.
| Applies | Implementing acts due by February 12, 2030 (Art. 63(1)); requirements apply to procurement procedures initiated 12 months after the Art. 63(1) implementing acts enter into force (Art. 63(2)) |
|---|---|
| Binds | The Commission, contracting authorities and contracting entities; public contracts for packaging, packaged products or services using them |
| Evidence | Locked read in the EUR-Lex text |
Art. 63(1) requires the Commission to adopt implementing acts by February 12, 2030 setting MINIMUM MANDATORY requirements for public contracts under Directive 2014/24/EU or 2014/25/EU, but only where the packaging or packaged products are more than 30 percent of the estimated contract value, or of the value of products used by the services being bought. Art. 63(2) applies the requirements to procedures for awarding public contracts initiated 12 months or later after the implementing act concerned enters into force, so procedures initiated earlier are not caught. Art. 63(3) bases the requirements on those laid down in or pursuant to Articles 5 to 11 and on further elements, including the value and volume of public contracts and the economic feasibility for contracting authorities. Art. 63(4) sets how they can appear in a tender: technical specifications, selection criteria, or contract performance conditions. Art. 63(5) lets a contracting authority derogate in duly justified cases on public security or public health grounds, or where compliance would cause unresolvable technical difficulties. Watch item: COM(2026) 590 of 9 September 2026, the Commission proposal for a Regulation on public contracts and concessions, would repeal Directives 2014/23/EU, 2014/24/EU and 2014/25/EU and would delete Art. 63, with references to it construed as references to Article 54 of the new Regulation. Its recitals say green procurement requirements previously set in sectoral legislation move into the new Regulation while preserving their core substance. It is a Commission proposal, procedure 2026/0265 (COD), not adopted law.