The future of packaging – the EU Council adopts the PPWR regulation

On 16 December 2024, the EU Council formally adopted the Packaging and Packaging Waste Regulation (PPWR), aimed at preventing the negative impact of packaging and packaging waste on the environment and human health, and to contribute to the transition towards a circular economy. The PPWR will apply 18 months after its entry into force.

The new regulation will primarily affect packaging manufacturers, suppliers, importers and distributors, as well as final distributors and fulfilment service providers.

Reduction and recycling targets

The PPWR requires each Member State to reduce the packaging waste generated per capita, as compared to 2018 amounts, by at least 5% by 2030, 10% by 2035 and 15% by 2040. Member States will also need to implement measures to achieve the following recycling targets covering the whole of their territory.

DRS made obligatory

The PPWR obliges Member States to ensure the separate collection of at least 90% per year by weight of the following packaging formats which are introduced on to its market for the first time in a given calendar year:

• single-use plastic beverage bottles with a capacity of up to 3 litres;
• single-use metal beverage containers with a capacity of up to 3 litres.

To achieve these targets, Member States must ensure that deposit and return systems (DRS) are set up for the relevant packaging formats and that a deposit is charged at the point of sale. Member States can endeavour to establish and maintain deposit and return systems for other packaging formats, in particular for single-use glass beverage bottles and beverage cartons.

The PPWR also stipulates minimum requirements that DRS systems must meet, such as: (1) ensuring equal access and fair conditions for all economic operators, (2) establishing control procedures and reporting systems, (3) fixing a minimum deposit amount, (4) obliging final distributors to accept the deposit bearing packaging, (5) enabling packaging to be returned and refunds collected without requiring the purchase of any new goods. These minimum requirements will not apply to deposit and return systems established before PPWR enters into force if they achieve a separate collection target of 90% by 1 January 2029.

A DRS will become obligatory in Member States if, by 2026, the rate of separate collection of the relevant packaging format is below 80% by weight of such packaging first placed onto the market in that country. Member States may also request an exemption by submitting an implementation plan.

Reuse, refill & return

Re-use systems. Economic operators who make reusable packaging available on the territory of a Member State for the first time shall ensure that a closed-loop or open-loop system exists for the re-use of such packaging in that Member State. Economic operators that use reusable packaging must participate in at least one re-use system. Moreover, final distributors of beverages in sales packaging with a sales area exceeding 100 m² will be obliged to take back, free-of-charge, all reusable packaging of the same type, form and size as the packaging made available on the market by them. Final distributors from the HoReCa sector that offer hot or cold beverages or ready-prepared food in take-away packaging must offer consumers the option of obtaining the products in re-useable packaging.

Refill systems. From 1 January 2030, final distributors with a sales area exceeding 400 m² must aim to dedicate 10% of this sales area to refill stations for both food and non-food products. Final distributors from the HoReCa sector that offer hot or cold beverages or ready-prepared food in take-away packaging shall provide a system for consumers to bring their own container to be filled, at no higher cost and under no less favourable conditions than those for single-use packaging. Economic operators will bear no liability for hygiene or food safety issues arising from the use of containers provided by the end user.

Return and collection systems. Member States will be required to ensure that systems and infrastructures are set up to facilitate the return and separate collection of all packaging waste from the end users, in order to ensure that it is treated in accordance with Waste Framework Directive 2008/98/EC, and to facilitate its preparation for re-use and high-quality recycling. Packaging that complies with design for recycling criteria must be collected for recycling. In principle, it will be prohibited to incinerate such packaging or dispose of it in landfills.

Extended producer responsibility

The PPWR also regulates the extended producer responsibility (EPR) for packaging, including packaging of packaged products, that they make available for the first time on the territory of a Member State  or that they unpack without being end users. Aside from the costs referred to in Article 8a of Waste Framework Directive 2008/98/EC, the financial contributions paid by the producer shall cover the costs of (1) labelling waste receptacles for the collection of packaging waste, and (2) carrying out compositional surveys of collected mixed municipal waste.

Producers may entrust a producer responsibility organisation with carrying out the extended producer responsibility obligations on their behalf. Both the producer (in the case of individual action) and the producer responsibility organisation shall apply for an authorisation by the competent authority to fulfil EPR obligations and provide a sufficient guarantee to cover the costs of non-compliance.

Producers will also be obliged to register in a register of producers. Otherwise, they will not be allowed to make packaging or packaged products available on the territory of a Member State for the first time, or unpack packaged products without being end users.

New packaging standards

Design for Recycling. All packaging placed on the market will have to be recyclable, i.e. (1) it must be designed for material recycling which enables the use of resulting secondary raw materials (from 2030), and (2) when it becomes waste, it must be capable of being collected separately, sorted into specific waste streams without affecting the recyclability of other waste streams and recycled at scale (from 2035).

Reusable packaging. Packaging will be considered reusable if it fulfils the requirements set out in the PPWR, primarily by being designed to allow multiple reuses and to achieve the most rotations possible.

Minimum recycled content. By 1 January 2030, or 3 years from the entry into force of the Commission’s implementing act, any plastic part of packaging placed on the market must contain a specified minimum percentage of recycled content recovered from post-consumer plastic waste. This percentage is between 10% and 35% depending on the packaging type. In 2040, these percentages will increase.

Hazardous substances and PFAS. Packaging placed on the market will need to be manufactured so as to minimise the presence and concentration of substances of concern, including microplastics. 18 months after the PPWR’s entry into force, food-contact packaging will be prohibited if it contains per- and polyfluorinated alkyl substances in concentrations exceeding levels specified in the PPWR.

Restrictions of packaging formats. From 1 January 2030, economic operators will be prohibited from placing on the market packaging in the formats listed in Annex V of the PPWR or for the purposes listed therein (e.g. single-use plastic grouped packaging designed as convenience packaging to enable or encourage consumers to purchase more than one product, and certain plastic packaging formats in the HoReCa sector).

Packaging minimisation. By 1 January 2030, manufacturers and importers must ensure that any packaging they place on the market is designed so that its weight and volume are reduced to the minimum necessary to ensure its functionality. It will also be prohibited to market packaging with features aimed solely at increasing the perceived volume of a product (slack fill), unless the packaging design is protected by law.

Labelling. Packaging will need to be labelled with a harmonised label containing information on its material composition (excluding packaging subject to a DRS). Packaging which falls within the scope of the EPR system will also need to include a QR code confirming that the manufacturer has complied with all relevant obligations. New obligations will also involve the labelling of reusable packaging, plastic packaging and compostable packaging.

What’s next?

The PPWR will enter into force on the 20th day following its publication in the Official Journal of the EU. However, it will only apply 18 months after its entry into force, except for the changes made to the Annex to the SUP Directive (which only apply 48 months after the entry into force date).

Many issues still need to be regulated or clarified by the European Commission and the Member States, including the design for recycling criteria, the method for calculating minimum recycled content, minimum rotation rates, labelling formats, EPR-related procedures or sanctions for non-compliance.

If you need help with navigating the complexities of the PPWR or other packaging and waste regulations, our experienced team is ready to help.

Authors: Anita Palukiewicz, Joanna Perzyna, Michał Ścibura