EU Packaging and Packaging Waste Regulation

The EU Packaging and Packaging Waste Regulation (“PPWR”) applies to packaging and packaging waste of all materials placed on the European market. It amends Regulation 2019/1020 and Directive 2019/904 and repeals Directive 94/62/EC.

It includes requirements for packaging design, reusable packaging, and waste management. As a regulation, it applies equally and directly to all EU member states and does not require transposition into national law. The PPWR was currently revised. The European Commission (EC) presented its proposal for a revised PPWR on November 30, 2022. The European Parliament and the EU Council (member states) examined the proposal as part of the ordinary legislative procedure.

After lengthy negotiations, the EU Parliament Environment Committee agreed to its position on the PPWR at the end of October 2023. As the next step, the plenary of the Parliament voted on it on November 22, 2023. The EU Environment Council (environment ministers of the member states) added an exemption from the requirement to introduce deposit return systems for Member States with a rate of separate collection above 78% reached in 2026. With this, a provisional agreement between the EU Parliament and the EU Council could be reached on March 4. The EU Parliament adopted the agreement on 24 April 2024.

The PPWR is part of the activities laid out in the European Green Deal and will contribute to the EU Plastics Strategy.

Key aspects of the EU Packaging Regulation

The PPWR applies to packaging and packaging waste of all materials placed on the European market. It aims to address the massive packaging waste problem in the EU and reduce packaging waste. To this end, it includes requirements for packaging design, specifications for reusability, and waste management.

Despite its shortcomings in the form of weaknesses, exemptions, and loopholes, the regulation is an important first step toward reducing packaging waste and protecting health, resources, and the climate. It sets out some essential requirements for packaging, particularly with regard to waste prevention, reuse, and recyclability. It can help national, regional, and local governments reduce packaging waste.

Prevention

The PPWR sets binding waste prevention targets for packaging for the first time. Each Member State must reduce its per capita packaging waste by at least 5% by 2030, 10% by 2035 and 15% by 2040. The reference year is 2018.

Reusable & refillable

From 2027, HORECA establishments (hotels, restaurants, cafés) must refill containers brought in by customers and have introduced a reusable system by 2028. The non-binding target is to achieve a reusable share of 10% by 2030. In addition, reusable targets for transport, collection, and beverage packaging are planned for 2030 and 2040, with exceptions for certain types of packaging such as cardboard. There are also further exceptions to the reusable targets for small businesses or if member states achieve higher recycling or waste prevention targets than required.

Bans

The PPWR provides for a ban on single-use plastic packaging from 2030 for bundling/outer packaging (e.g., for bottles, cans, etc.), unprocessed fresh fruit and vegetables, for on-site consumption in the hospitality industry, for micro-portions (e.g., cream, sugar, etc.) for on-site consumption in the hospitality industry, and miniature hotel cosmetics (e.g., shampoo, lotion, etc.). In addition, very lightweight plastic carrier bags, food containers made of expanded or extruded polystyrene (EPS/XPS), shrink wrap for protecting luggage, and plastic chips for transport are to be banned. The bans only apply to plastic and contain numerous exceptions.

Chemicals

From mid-2026, the PPWR will impose a ban on PFAS in food packaging. By the end of 2026, the EU Commission and the EU Chemicals Agency (ECHA) must submit a report on chemicals of concern in packaging in order to further consider restrictions on chemicals that impair reuse and recycling and pose a risk to human health. By 2030, a methodology for identifying substances of concern in packaging will be established to ensure their labeling (substance and concentration).

Recycling

Packaging must be designed for recycling by 2030 and be widely recyclable in the EU by 2035. The PPWR sets a threshold for the recyclability of packaging of 65% by 2025 and 70% by 2030. In addition, targets are set for 2030 and 2040 requiring manufacturers to use a minimum proportion of recycled content in plastic packaging.

Extended producer responsibility

The PPWR provides for various costs in the waste sector to be covered by extended producer responsibility (EPR) systems for packaging. In addition, producer responsibility systems and deposit systems must allocate a minimum share of their budget to financing prevention and reduction measures.

Deposit systems

By 2029, Member States must introduce deposit and return systems for single-use plastic bottles and metal cans, unless they achieve a separate collection rate of 80% for these packaging types by 2026 and submit a plan with concrete measures to achieve a separate collection rate of 90% by 2029. In addition, efforts should be made to include single-use glass beverage bottles, reusable packaging, and bottles/cans purchased in another member state in the deposit system.