Import markets for agriculture, forestry, and fishery products are increasingly implementing environmental standards, making Extended Producer Responsibility (EPR) a critical requirement for businesses. Among these, new packaging regulations represent a significant technical barrier directly impacting the ability to maintain and expand export markets.

Expanding the scope of regulation

Information from the Vietnam National SPS Notification Authority and Enquiry Point (SPS Vietnam Office) indicates that in the first half of April alone, the office received 40 notifications regarding drafts and effective regulations on sanitary and phytosanitary (SPS) measures from World Trade Organization (WTO) members; many of which involve extended producer responsibility.

Mr. Ngo Xuan Nam, Deputy Director of the SPS Vietnam Office, stated: The European Union (EU) has notified a draft amendment to Regulation (EU) 2022/1616 (G/SPS/N/EU/940) regarding recycled plastic materials and articles intended to come into contact with food. Accordingly, requirements for compliance documentation, control, and traceability throughout the entire supply chain—including imports into the EU—will be strengthened. This includes supplemental regulations on declarations of compliance at pre-processing, recycling, and fabrication stages; the retention and provision of records upon request by competent authorities; and the presentation of documentation when goods are permitted for free circulation within the EU market.

Simultaneously, regulations concerning the management of electronic registers for recycling technologies, facilities, and equipment are being amended; testing methods for input plastics are being stipulated; and a legal basis is being established for applying commodity codes to certain recycled plastic products. This reflects a trend of tightening management not only through technical standards but also in classification and traceability. Meanwhile, the East African market (East African Community - EAC) notified a group of draft technical regulations (DEAS) stipulating hygiene conditions in production, packaging with suitable materials, and labeling, transforming packaging from a secondary factor into a core condition for market access.

According to the Vietnam Association of Seafood Exporters and Producers (VASEP), these regulations are exerting pressure on the seafood industry—a sector with a high proportion of packaging and a vast export market. VASEP expert Tran Hoang Yen noted: The EU has issued Regulation 2025/40 on Packaging and Packaging Waste (PPWR), extending the scope of regulation to all levels of packaging and design. Familiar packaging materials used in seafood exports, such as plastic bags, plastic trays, boxes, cartons, plastic pallets, and shrink wraps, all fall under the new regulatory scope.

Notably, food contact packaging containing PFAS (forever chemicals) at concentrations equal to or exceeding specified thresholds will be restricted starting August 12, 2026, forcing businesses to control and disclose content in technical files. Furthermore, according to the PPWR roadmap, by 2030, all packaging circulating in the EU must be designed for recyclability, accompanied by requirements to minimize volume and limit empty space during transport—minor details that require exporters to optimize the specifications of shipping cartons. By August 12, 2028, all packaging must be printed with waste classification labels according to unified EU standards to guide EU consumers in sorting waste.

Beyond material factors, EU regulations also require proof of compliance. Accordingly, each type of packaging must be accompanied by a Declaration of Conformity (DoC) and a technical file detailing materials, drawings, lists of standards, and test reports. More importantly, these documents must be continuously updated whenever there are changes in design or applicable standards.

Ready to adapt

Discussing the detailed and stringent requirements for packaging materials, Mr. Nguyen Van Kich, General Director of Cafatex Fishery Joint Stock Company, believed that although businesses currently primarily use traditional packaging due to stability and suitable costs, they are ready to transition when import markets require it. However, the bottleneck lies in limited domestic supply as packaging manufacturers have not yet developed a diverse range of recycled material lines. Most packaging used for food and frozen goods currently still utilizes composite structures of multiple materials to extend product shelf life, which limits recyclability.

In response to this reality, in early April, the Government issued Decree No. 110/ND-CP on the responsibility for recycling products and packaging and the waste treatment responsibilities of manufacturers and importers. Besides refining the legal framework for the Extended Producer Responsibility (EPR) mechanism, the decree is expected to stimulate the domestic recycled materials market, gradually resolving supply bottlenecks.

It is evident that most key agricultural export commodities, such as seafood, pepper, cashews, and fruit, are affected by new packaging regulations due to the use of multiple layers of wrapping during transport.

Therefore, although implementing EPR regulations faces many challenges, given the clear requirements for adaptation and set deadlines—especially in the potential EU market—authorities recommend that businesses proactively research EU regulations to accurately grasp requirements for packaging design, recycling content, and new labeling. They should also closely monitor subsequent guidance (expected before August 12, 2026) regarding harmonized waste classification labeling specifications to plan updates for export packaging, and review the entire packaging system at factories while preparing compliance documentation for EU regulations before August 2026.

Adapting early and enhancing compliance capacity is not only significant for the EU market but also holds value for many other market regions, helping businesses turn "green barriers" into competitive advantages.

Source: Bao Nhan Dan