EU PPWR FAQs Updated August 2026 - Flipbook - Page 61
Directive (EU) 2015/1535 30 imposes an obligation on the Member States to notify to the
Commission all draft technical regulations concerning products (and Information Society Services)
before they are adopted in national law.
The term 8technical regulation9 should be understood broadly. It means technical specifications,
other requirements or rules on Information Society services which are laid down by the Member
States, the observance of which is compulsory, de jure or de facto, for the marketing or use of a
product, for the provision of a service or the establishment of a service operator. It covers also
regulations or administrative provisions prohibiting the manufacture, importation, marketing or use
of a product or prohibiting the provision or use of a service, or establishment as a service provider.
Therefore, all new draft implementing measures, which are technical regulations, must be notified
in the Technical Regulations Information System (TRIS)31. Member States do not need to renotify
under the TRIS notification procedure their existing national measures which are compliant with
the Regulation.
Notifications by Member States are made at the draft stage, that is, at a stage of preparation at which
substantial amendments can still be made (Article 1(1)g) of Directive (EU) 2015/1535).
National technical regulations which were not notified can be declared inapplicable to individuals
by the national courts32.
5) Obligation for the Member States to ensure that their national measures that were
adopted to achieve the packaging waste reduction targets do not 8lead to a shift to
lighter packaging material being used to fulfil the goal of packaging waste reduction9
and that such measures also 8reduce the quantity of plastic packaging waste generated9.
This obligation is placed on the Member States, and they must inform on how they achieve this
result in their waste prevention programmes adopted under Article 42(2) PPWR and in the TRIS
notification procedure. The Commission has a general monitoring competence and may also decide
to help Member States by giving additional guidance. However, the Commission does not have a
specific empowerment to provide guidance on the implementation of this provision.
30
Directive (EU) 2015/1535 of the European Parliament and of the Council of 9 September 2015 laying down a
procedure for the provision of information in the field of technical regulations and of rules on Information Society
services (OJ L 241, 17/09/2015, p. 1315).
31
TRIS 3 European Commission
32
9CIA-Security9 (Case C-194/94).
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