Millions of small consignments from third countries enter the European market every day. With them come products and packaging whose compliance with EU requirements is often questionable. According to the European Economic and Social Committee, up to twelve million parcels with a value of less than EUR 150 are shipped to consumers in the EU every day. In Germany alone, around 400,000 shipments per day from Shein and Temu reach households, according to figures from the German Retail Association. Europe is being hit by a “flood of imports” that “do not comply with EU product safety rules, labour laws, tax rules or environmental obligations”, the EESC warns. Customs figures are also alarming: apparently, more than 40 percent of confiscated products do not meet EU compliance requirements.
While manufacturers and producers placing goods on the market in the EU have to meet growing regulatory requirements, large volumes of goods continue to enter the market via platforms and direct importers, where exactly these obligations are monitored only inadequately. Sonja Bähr, Dipl.-Wi.-Ing. (FH), Director Business Development at Berndt+Partner Creality and lecturer at BHT Berlin, says: “In the case of direct imports via platforms and price-aggressive import channels, it is not realistic to assume comprehensive legal compliance.”
Striking Differences
In her view, a look at the typical packaging used for such products reveals a clear pattern: low-cost plastic and composite solutions often dominate, designed for minimal material costs and robust shipping performance. By contrast, for packaging specifically developed for the EU market, regulatory pressure towards recyclability, material reduction, separability and the use of recyclates is already having a much stronger effect.
With the Packaging and Packaging Waste Regulation, this difference is likely to become even more pronounced. “With the regulation starting to apply from 12 August 2026 and further stages up to 2030, the gap will most likely become even more visible, but certainly not smaller,” says Bähr.
New Obligations in the EU Market and Their Impact on Competition
Anyone placing packaged goods on the German market commercially for the first time is subject to obligations under packaging law. This applies to importers as well as online retailers, regardless of whether they are based in Germany or abroad.
For compliant suppliers in the EU, this entails substantial costs. They must align packaging with recycling and material requirements, finance participation in collection and recovery schemes, organise disposal and labelling, provide proof of compliance and report data. Depending on the product category, additional obligations may also apply, such as deposit and take-back systems. “If sellers from third countries effectively circumvent these requirements, this creates a clear price advantage at the expense of companies that behave in compliance with the law,” says Bähr.
The European Commission explicitly identifies this as a problem of unfair competition. This imbalance is also increasingly coming into focus in customs law. In February 2026, the Council decided to abolish the 150-euro customs exemption once the new EU customs data platform is operational, which is expected to be in 2028. In doing so, the EU is also responding to unfair competition from low-value consignments that have so far been exempt from customs duties.
Enforcement Deficits and Critical Gaps
Despite the existing rules, enforcement remains a central problem. Given the volumes and structures of cross-border e-commerce, the responsible authorities quickly reach their limits. In Bähr’s view, the weaknesses lie above all in the sheer mass of low-value consignments, in actor structures that are difficult to pin down, in incomplete data and in the limited depth of controls relating to materials and ingredients. “Sellers are often based outside the EU, rapidly change their identities or distribute responsibility across marketplace, retailer, logistics provider and importer,” states the packaging expert.
The EU is responding with new instruments such as the E-commerce Toolbox package and new rules for small parcels. In Bähr’s assessment, the crucial factor will be ensuring that future reforms effectively link product safety, packaging law and market surveillance. “From my point of view, there needs to be more responsibility on the part of the gatekeepers, better data for customs and market surveillance, stricter risk-based controls of packaging compliance, robust standards for environmental claims and consistent enforcement even for small consignments. Only if regulation and enforcement interact effectively here can fair competition in the EU market be safeguarded,” says Sonja Bähr.
Author: Alexander Stark, Editor FACHPACK360°
