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 of such products reveals a clear pattern: low-cost plastic and composite solutions often dominate, designed for low material costs and robust shipping. By contrast, packaging developed specifically for the EU market is already subject to much stronger regulatory pressure towards recyclability, material reduction, separability and the use of recyclates.
The Packaging and Packaging Waste Regulation is likely to intensify this difference further. Bähr is convinced that, with its high requirements for packaging compliance, the PPWR will make access to EU markets significantly more difficult for non-compliant packaging and packaged products. At the same time, she says it cannot currently be assumed that all products and packaging imported via online platforms or direct imports are already PPWR-compliant. “With the regulation becoming applicable from 12 August 2026 and further stages up to 2030, the gap will become even more visible, 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 means significant costs. They must align packaging with recycling and material requirements, finance participation in compliance schemes, organise disposal and labelling, provide evidence and submit data. Depending on the product category, additional obligations may 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 comply with the rules. The European Commission explicitly identifies this as a problem of unfair competition.
This imbalance is also increasingly attracting attention in customs law. In February 2026, the Council decided to abolish the EUR 150 customs exemption once the new EU customs data platform is operational, likely in 2028. In doing so, the EU is also responding to unfair competition arising from previously duty-free low-value consignments.
Enforcement Deficits and Critical Gaps
Despite the existing rules, enforcement remains a central problem. The authorities responsible quickly reach their limits given the sheer volumes and structures of cross-border online trade. The main weaknesses lie in the mass of low-value consignments, in hard-to-track actor structures, in incomplete data, and in the limited depth of controls regarding materials and substances. “Sellers are often based outside the EU, quickly change their identities or distribute responsibility among marketplace, trader, logistics provider and importer,” says Sonja Bähr.
The EU is responding with new instruments such as the E-commerce Toolbox package and new rules for small parcels. According to Bähr, the decisive factor will be whether future reforms effectively link product safety, packaging law and market surveillance.
Author: Alexander Stark, Editor FACHPACK360°
