Recital 60

(60)Packaging should be designed so as to minimise its volume and weight and to enable recyclability while maintaining its ability to perform the packaging functions. The manufacturer should assess the packaging against the performance criteria listed in this Regulation. In view of the objectives of this Regulation to reduce packaging and packaging waste generation, and to improve circularity of packaging across the internal market, it is appropriate to further supplement and clarify the current criteria and to make them more stringent. The list of the packaging performance criteria, as listed in harmonised standard EN 13428:2004 ‘Packaging – Requirements specific to manufacturing and composition – Prevention by source reduction’, should therefore be modified. However, until such time as a new or updated harmonised standard becomes available, the existing standard, EN 13428:2004, can be used. While marketing and consumer acceptance remain relevant for packaging design, they should not be part of performance criteria justifying on their own additional packaging weight and volume. However, this should not compromise product specifications for craft and industrial products and food and agricultural products that are registered and protected under the EU geographical indication protection scheme, as part of the Union’s objective to protect cultural heritage and traditional know-how, including under Regulation (EU) No 1308/2013 of the European Parliament and of the Council ²⁸ for wine, Regulation (EU) 2019/787 of the European Parliament and of the Council ²⁹ for spirit drinks or Regulation (EU) 2023/2411 of the European Parliament and of the Council ³⁰ for craft and industrial products or covered by quality schemes referred to in Regulation (EU) 2024/1143 of the European Parliament and of the Council ³¹ . It should also not compromise packaging designs that are protected under Union or national law on design or trademarks or international agreements having effect in one of the Member States. The exception of such packaging is justified only to the extent that the new rules on packaging minimisation affect the shape of the packaging in such a way that the trademark can no longer distinguish the trademarked good from goods of another undertaking, and the design can no longer keep its new and individual characteristics. In order to avoid the risk of abuse, the exception should apply only to trademark and design rights protected before 11 February 2025. On the other hand, recyclability, the use of recycled content and re-use of packaging could justify additional packaging weight or volume and should be added to the performance criteria. Packaging with double walls, false bottoms and other characteristics aimed only at increasing the perceived product volume should not be placed on the market, as such packaging does not meet the requirement for packaging minimisation. The same rule should apply to superfluous packaging not necessary for ensuring packaging functionality.