Packaging And Packaging Waste Regulation – How Companies Should Prepare For The New Requirements

Packaging and Packaging Waste Regulation – How companies should prepare for the new requirements

The Packaging and Packaging Waste Regulation (the "PPWR") entered into force in February 2025 with requirements beginning to apply from 12 August 2026. This regulation is a key component of the EU's Green Deal and follows a wide range of recent EU product specific rules setting ambitious objectives to reduce the environmental impact of products and their component parts.

The PPWR replaces the Packaging and Packaging Waste Directive (the "PPWD"), thus further harmonising national measures regarding product packaging most notably for raw materials, manufacturing, recycling and reuse.

With a focus on the entirety of the supply chain, it will have a wide impact, targeting the circularity of all types of packaging material and compliance will be essential to any company producing or using packaging looking to access the EU market.

At a glance, the main changes introduced by the PPWR include:

• Recyclability: requires that all packaging placed on the EU market be recyclable by 2030.
• Recycled content in plastic packaging: sets out minimum percentage targets of recycled content in any plastic packaging placed on the market.
• Reuse targets: introduces staggered targets by year for the reusability of a minimum percentage of certain types of packaging, including transport packaging such as for products distributed via e-commerce;
• Substances of Concern: introduces obligations to reduce the presence of harmful chemicals in packaging material with respect to their harmful effects on human health and the environment.
• Package minimization: requires that packaging is designed so that its weight and volume is reduced to the minimum necessary to ensure its functionality.
• Labelling: standardises packaging formats and improves labelling of reusable packaging making it easier for consumers to make more sustainable choices.
• Extended producer responsibility: harmonises packaging and packaging waste EPR schemes across the EU.

Key Provisions

Some new measures introduced by the PPWR that may be of particular interest to businesses operating at various stages of the packaging supply chain include:

Recyclability

Article 6(1) requires that all packaging placed on the EU market be recyclable by 2030. Due to the vast amount of packaging types that exist on the market, the PPWR obliges the European Commission (the "Commission") to adopt delegated acts by 1 January 2028 establishing technical criteria for recyclability of packaging based on the particular material of that package. Performance grades of the packaging will also be established on this basis with packaging below a Grade C banned from the market on this date.

Minimum recycled content targets

The PPWR sets out minimum percentage targets of recycled content recovered from post-consumer plastic waste (so called "PCR") in any plastic part of packaging that is placed on the market by 1 January 2030.

PCR is defined in the PPWR as plastic waste that has been generated from plastic products previously placed on the market or supplied for distribution, consumption or use either in the EU or outside of the EU during a commercial activity. The implementing legislation will be instructive in this regard as to the extent that PCR imported from third countries may be used. The PPWR currently states that imported PCR may only be used where it meets equivalent EU emission and environmental requirements in that third country, however the methodology for assessing such equivalence will be set out by the Commission in implementing legislation. Thus, the practical effect on manufacturers who import their PCR from outside of the EU remains to be seen.

Substances of concern

One area that will be of interest, particularly to those operating in the chemicals and raw materials sector is the PPWR's obligations regarding the minimisation of substances of concern (or "SoCs") in packaging material. This requirement is intrinsic to the PPWR's aim of reducing the impact of packaging on human health and the environment and improving the circularity of the material. There is an overlap with other key EU product sustainability laws including the Ecodesign for Product Sustainability Regulation (the "ESPR") (see our article here) and the PPWR references the ESPR, stating that an SoC will be that meeting the criteria laid down in that regulation and includes substance characteristics that are particularly hazardous to human health and the environment.

The PPWR also sets out that by 31 December 2026, the Commission, assisted by the European Chemicals Agency (the "ECHA"), shall prepare a report on the presence of SoCs in packaging and packaging components, to determine the extent to which they negatively affect the re-use and recycling of materials or impact chemical safety. ECHA have already begun preparing this report and it will be used to inform the Commission's implementing legislation regarding which SoC will be banned from packaging due to their negative impacts on the re-use and recycling of the material and indeed on human health.

The PPWR sets out concentration limits for certain SoCs in packaging including categories of polyfluorinated alkyl substances (or "PFAS") which have already been restricted under the main EU regulation on chemicals ("REACH"). In addition, from 12 August 2026, food-contact packaging containing above a certain concentration of PFAS as defined in the PPWR will not be allowed on the market.

Labelling and Green Claims

Under Article 14, environmental claims made concerning the packaging properties for example its recyclability or level of recycled content are only allowed to be made where they exceed the minimum requirements under the PPWR and implementing regulations.

The claims must also specify whether they relate to the specific packaging unit only, a part of it or all packages placed on the market by the economic operator.

This requirement brings the PPWR in line with other important product ESG legislation such as the proposed EU Green Claims Directive (see our recent article here) preventing green washing and ensuring any environmental claims made in relation to a product are transparent and verifiable.

Extended Producer responsibility

Extended Producer Responsibility ("EPR") describes environmental policies that make producers responsible for the entire life cycle of their products. In practice, EPR requirements can translate into a wide variety of obligations for the producers and resellers and have been implemented in a range of EU product laws.

The PPWR now sets minimum requirements for packaging and packaging waste EPR schemes across Member States. While some Member States have already introduced packaging related EPR schemes, the PPWR aims to harmonise and strengthen these measures across the EU creating regulatory certainty, particularly for those who supply packaging to several Member States.

One such measure under the PPWR includes the harmonization of criteria for the modulation of EPR fees based on the recyclability grade, in other words, producers will now pay EPR fees for the products they place on the market based on how recyclable or reusable their product is. Such fees will include fees for the cost of labelling of waste receptacles, as well as the cost of the return and waste management of all packaging waste and carrying out surveys on collected waste.

What should I do now?

While the PPWR introduces a wide range of new requirements, it is important to note that many of the technical rules relating to the implementation of these requirements will be set out in the delegated and implementing acts enacted by the Commission for each area.

This staggered approach will be helpful for companies who should use this time wisely to get acquainted with the PPWR and assess the requirements that will apply to them or their supply chain so they can prepare accordingly. In this way, they will ensure minimal challenges and disruption to their business model once these measures are fully implemented.

However, while many requirements will take effect at a later date, several will begin to apply imminently, for example the banning of food contact packaging with above a certain amount of PFAs by 12 August 2025. In these instances, companies will be required to have the relevant technical documentation necessary in place for their packaging which will require proper planning and preparation this year.

In addition, companies who identify early on the difficulties certain obligations may pose for their business will allow them to actively engage with the Commission during the decision-making process of such implementing legislation over the next year.

Our dedicated EU Regulatory and cross-sector ESG teams continue to monitor the PPWR and related developments. For further information on the PPWR and how it might affect your company,please contact Koen Van Maldegem or Maud Grunchard.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.