The New EU Packaging and Packaging Waste Regulation – Highlights and Challenges Ahead

The European Union’s long-awaited Packaging and Packaging Waste Regulation (PPWR) was published in the Official Journal of the European Union (OJEU) on 22 January 2025 [1]. It will enter into force on 11 February 2025 and will apply generally from 12 August 2026, with longer transition periods applying to certain requirements. Importantly, the PPWR repeals and replaces the current Packaging and Packaging Waste Directive 94/62/EEC (PPWD).

Changing the Directive into a Regulation is intended to provide greater harmonization among the EU Member States. Specifically, while Directives set forth goals and obligations to be met by the Member States, the means of their implementation is left to the discretion of the national authorities. This has led to significant discrepancies among the Member States with regard to, for example, extended producer responsibility (EPR) and environmental labeling obligations. By contrast, Regulations are directly effective throughout the Member States such that this issue should not arise.

In addition to fostering greater harmonization, the PPWR includes significant changes to the legislative framework for controlling packaging waste in the EU by defining ambitious targets, boosting high-quality ‘closed loop’ recycling, and reducing the use of primary natural resources. Some of these significant changes are discussed below.

I. Packaging Design

A. Substances of Concern
As from 12 August 2026, the PPWR will prohibit food packaging from being placed on the EU market if it contains per- and polyfluorinated alkyl substances (PFAS) in a concentration equal to or greater than the following limit values:

• 25 ppb for any PFAS as measured with targeted PFAS analysis
• 250 ppb for the sum of PFAS measured as the sum of targeted PFAS analysis
• 50 ppm for PFASs (polymeric PFAS included)

These limits align with the European Chemicals Agency’s (ECHA) universal PFAS restriction proposal, but become effective well before ECHA’s proposed restriction is likely to take effect. The European Commission (EC) will assess the need to amend or repeal the PFAS restriction under the PPWR by 12 August 2030.

The PPWR maintains the heavy metal restrictions in place under the PPWD for lead, cadmium, mercury, and hexavalent chromium, with the sum total concentration limit of 100 mg/kg for all four heavy metals in packaging or packaging components.

By 31 December 2026, the EC, assisted by the European Chemicals Agency (ECHA), must prepare a report on substances of concern (SoC) in packaging/packaging components to determine the extent to which they may negatively affect the re-use or recycling of materials. The report may identify a list of SoC which may be present in packaging or packaging components and the extent to which they could present an unacceptable risk to human health.

B. Recyclability
The PPWR requires that all packaging be recyclable. By 1 January 2028, the EC is charged with adopting delegated acts [2] setting, amongst others, design for recycling (DfR) [3] criteria and recyclability performance grades [4]. By 1 January 2030 or 24 months after entry into force (EIF) of the aforementioned delegated acts (whichever is later), all packaging placed on the market will be required to comply with the DfR criteria. Packaging with a recyclability grade below 70% will not be considered recyclable (must be Grade A, B, or C as described in Table 3 of Annex II of the PPWR).  Importantly, extended producer responsibility (EPR) fees will be modulated based on performance grade.

By 1 January 2030, the EC is charged with adopting implementing acts [5] establishing, among other things, the methodology for the recycled at scale assessment per packaging category. By 1 January 2035 or 5 years after EIF of the aforementioned implementing acts (whichever is later), all packaging must be recycled ‘at scale.' [6]

Certain exemptions from the recyclability requirement of relevance apply to food packaging. For example, there are exemptions for infant and follow-on formula, processed cereal-based food and baby food, and food for special medical purposes. So-called “innovative packaging” may also be exempted for a limited period and upon prior notification to the competent authority.

C. Recycled Content in Plastic Packaging
The PPWR also mandates an increase in the recycled content of plastic packaging. By way of example, in the plastic part of certain “contact sensitive” [7] packaging (which includes food packaging), mandatory targets for recycled content from post-consumer waste [8] are set forth as follows:

Packaging exempted from this requirement includes compostable packaging and any plastic part representing less than 5% of the total weight of the whole packaging unit.

It is noteworthy that by 12 February 2028, the EC is required to review the state of technological development and environmental performance of bio-based plastic packaging. Based on this review, the EC could draw up a legislative proposal that would allow bio-based feedstock to be used as a replacement for post-consumer plastic waste to meet recycled content targets “in the event that suitable recycling technologies for food-contact packaging complying with the requirements laid down in Regulation (EU) 2022/1616 are not available.”

D. Packaging Minimization
The PPWR requires that packaging be reduced to the minimum necessary for ensuring its functionality by 1 January 2030. Packaging not necessary to satisfy certain performance criteria and packaging only intended to increase the perceived volume of the packaging will be banned unless subject to geographical indications of origins protected under EU law. Further, economic operators who supply products to a final distributor or end user in grouped packaging, transport or e-commerce packaging must ensure that the ratio of empty space between the aforementioned packaging and the sales packaging does not exceed 50%.

E. Restrictions on Certain Packaging Formats
On a related note, the PPWR bans several types of single-use packaging from 1 January 2030, including: 

• Single-use plastic (SUP) packaging used by retailers to group goods sold in cans, tins, pots, tubs, and packets that are designed to enable or encourage end-users to purchase more than one portion of a product or products
• SUP packaging for less than 1.5 kg pre-packed fresh fruit or vegetables. Member States may provide exemptions, if needed, for a number of reasons, including to avoid water loss, turgidity loss, microbiological hazards, or physical shocks
• SUP packaging for foods and beverages filled and consumed within premises in the hotel, restaurant, and catering (HORECA) sectors
• SUP packaging in the HORECA sectors containing individual portions or servings (e.g., coffee creamers, sugar, sauces)

F. Re-use and Re-fill Targets
According to the PPWR, business operators making use of reusable packaging will be obliged to participate in one or more systems for re-use that meet specific requirements (for closed loop and open loop systems). It will also require Member States, by 1 January 2029, to ensure that deposit and return schemes (DRS) are set up for:

• Single-use plastic beverage bottles with a capacity of up to 3 liters
• Single-use metal containers with a capacity of up to 3 liters

There are many requirements in the PPWR intended to promote re-use or re-fill solutions. For example,

• In the HORECA sector, final distributors serving beverages or ready-prepared food in take-away packaging will be obliged by 12 February 2027, to provide the option to offer the goods filled in consumers’ containers at no additional charge and inform consumers about the options availability. 
• Also, by 12 February 2028 in the HORECA sector, final distributors serving beverages or ready-prepared food in take-away packaging must provide a reusable option, with the obligation of offering the goods in reusable formats at no additional charge and inform consumers about the options availability.

There are also re-use targets for transport packaging and sales packaging for transport, including re-use requirements for shrink wrap films for pallets.

G. Declaration of Conformity and Technical Documentation
The PPWR details the requirements that manufacturers of packaging must meet. They must, for example, carry out a conformity assessment, draw up a Declaration of Conformity, and maintain this together with the technical documentation specified in the PPWR on file for 10 years after reusable packaging (five years for single-use packaging) is placed on the market. These documents must also be made available to the Member State enforcement authorities upon request.

The PPWR also sets obligations for other actors in the supply chain, including importers, distributors, and EU-authorized representatives.

II. Compostable Packaging

By way of derogation (i.e., exemption) from the recyclability requirement, the PPWR allows permeable tea and coffee bags and single-serve units [9], sticky labels for fruits and vegetables, and very lightweight plastic carrier bags to be compostable in industrially controlled conditions and, if required by the Member States, compatible, with home composting standards. Member States may also require that the following be compostable:

1. Non-permeable tea and coffee bags and single-serve units composed of material other than metal, very lightweight plastic carrier bags, and lightweight plastic carrier bags
2. Other packaging that the Member State already required to be compostable before 12 August 2026. 

Any other packaging (including biodegradable plastic polymers) must allow material recycling without affecting the recyclability of other waste streams. The requirements for compostable packaging will apply from 12 February 2028.

III. Environmental Labelling

The PPWR introduces labelling requirements for the packaging, per se, for consumer articles (the details will be set forth in implementing acts that are yet to be drawn up). Examples of the requirements include the following:

• Labels with information on the material composition of the packaging to facilitate consumer sorting,
• Labels on packaging reusability and a QR code/other digital data carrier providing information on re-use and collection points, and 
• QR labels or similar technologies to identify SoC present in packaging material, along with concentrations.

Because several Member States, including France, Italy, Spain, and Portugal have introduced environmental labelling obligations, the PPWR aims to limit national labelling requirements to prevent limiting the free movement of packaging throughout the EU. By way of exception, however, the PPWR allows Member State-specific labelling requirements to identify participation in a national EPR scheme or a DRS   (other than DRSs set up under the PPWR for single-use plastic beverage bottles and single-use metal beverage containers).

IV. Extended Producer Responsibility

Because EPR obligations have been largely left to the discretion of the Member States, noticeable discrepancies in the scope and content of EPR obligations have arisen, with some Member States having system participation, collection, registration, and information obligations, while other Member States maintain more minimal requirements. The PPWR intends to harmonize fundamental concepts by defining terms such as ‘manufacturer,’ ‘importer,’ ‘producer,’ ‘economic operator,’ ‘supplier,’ and ‘authorized representative’ and outlining their respective obligations.

By way of example, the PPWR, introduces a national registration obligation for producers [10] prior to placing packaging or packaged products on the market of each Member State. The EC will publish implementing acts establishing the format for the registration, and the specific data required to be reported for each packaging and material. The goal is to create greater harmonization among national EPR schemes, although differences among Member State programs could still arise.

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Clearly, the PPWR, with its ambiguous targets and the tight timeframes for compliance, notably with respect to recyclability and recycled content, will pose challenges for industry.

[1] Regulation (EU) 2025/40 of the European Parliament and of the Council of 19 December 2024 on packaging and packaging waste, amending Regulation (EU) 2019/1020 and Directive (EU) 2019/904, and repealing Directive 94/62/EC.  The text is available at the following link:
https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=OJ:L_202500040 
[2] Delegated acts are non-legislative acts adopted by the EC that serve to amend or supplement the non-essential elements of the legislation (per Article 290 of the Treaty on the Functioning of the European Union).  A delegated act cannot change the essential element of the law, and the legislative act (i.e., the PPWR in this case) must define the objectives, content, scope, and duration of the delegation of power.
[3] Article 3.1(37) of the PPWR defines ‘design for recycling’ as “the design of packaging, including individual components of packaging, that ensures the recyclability of the packaging with established collection, sorting and recycling processes proven in an operational environment.”
[4] Packaging recyclability must be expressed in recyclability performance grades A, B or C as described in Table 3 of Annex II of the PPWR (recyclability per unit, in terms of weighting).  Grade A = higher or equal to 95%, Grade B = higher or equal to 80%, Grade C = higher or equal to 70%.
[5] Implementing acts aim to create uniform conditions for the implementation of the legislation (i.e., the PPWR in this case) per Article 291.2 of the Treaty on the Functioning of the European Union
[6] Article 3(39) of the PPWR defines ‘packaging waste recycled at scale’ as “packaging waste which is collected separately, sorted and recycled in installed infrastructure, using established processes proven in an operational environment which ensure, at Union level, an annual quantity of recycled material under each packaging category listed in Table 2 Annex II, equal to or greater than 30% for wood and 55% for all other materials; it includes packaging waste that is exported from the Union for the purpose of waste management and which can be considered to meet the requirements of Article 53(11).”
[7] The term “contact-sensitive packaging” covers many different categories of packaging including packaging for cosmetic products, medical devices, medicinal products for human use, food supplements, feed, and additives for use in animal nutrition. Certain contact sensitive packaging is exempt from the recycled content requirement (such as immediate packaging for medicinal products).
[8] Minimum limits expressed per packaging type/format calculated as an average per manufacturing plant and year
[9] When the packaging is intended to be used and disposed of together with the product
[10] When the packaging is intended to be used and disposed of together with the product