Article 24(5)
Two exceptions.
Read the conditions.
Paragraph 5 names two routes out of the obligation in paragraph 1. The relevant fact is the pack’s use, not a low percentage or a label saying “recyclable”.
The exemption concerns Article 24(1). It does not remove the whole regulation. Article 24(5) expressly retains the Article 10 requirement for such sales packaging.
Sales packaging is also
the e-commerce packaging.
Product insideDelivery labelCustomer receives
the same carton
- An original example
- A fictional retailer sells a desk lamp in a purpose-designed retail carton and uses that same carton for the online delivery. There is no additional outer mailer. One packaging object performs both roles.
- The qualifying fact
- The operator uses the sales packaging as e-commerce packaging. A small void ratio, a neat shipping label or a material claim does not replace that condition.
What changes if an outer mailer is added?
There are now two packaging objects to classify. The retail carton sits inside another pack used for the journey. Do not transfer the same-pack exception to that additional outer pack merely because the inner carton would otherwise qualify.
Write down what the customer buys as the sales unit and what has been added for delivery. That description makes the question specific enough to take to the current rules or an adviser.
Reusable packaging is
within a system of re-use.
- Fill
- Deliver
- Return
- Prepare for
another use
The journey repeats. A durable material alone does not establish a re-use system.
- An original example
- A fictional operator uses returnable transit boxes with arrangements for collection, checking and preparation before the next use. This illustrates the difference between a system and a box that can simply be kept.
- The qualifying fact
- The reusable packaging belongs to a system of re-use. A box reused once at home does not, by itself, establish that a business’s packaging meets that condition.
Which facts still need to be established?
Identify the actual packaging and the system it belongs to, who runs the return arrangements, and how it is prepared for repeated use. These are questions about evidence, not a complete eligibility checklist.
Read the current definitions and reusable-packaging requirements with Article 24. Do not infer eligibility from a supplier’s “reusable” sticker. This reference does not assess a particular system.
“Exempt from paragraph 1”
is a limited conclusion.
Neither invented example is a determination about a real shipment. If you intend to rely on an exception, establish the actual packaging roles and arrangements, consult the current legal text and obtain advice for your market and product.
Other design, material, labelling and PPWR obligations may still matter. The exemption is not a general permission to increase a pack’s size.
Read Articles 3, 10 and 24(5) · Commission implementation guidance
Compare the packaging-layer duties · Read the conditional date