Background:
The European Parliament and the Council have revealed that Directive 94/62/EC on Packaging and Packaging Waste (PPWD) has failed to curb the rising trend of packaging waste generation. Between 2009 and 2019, total packaging waste in the EU increased by 19%, climbing from 66 million tonnes to 78.5 million tonnes—outpacing the growth of Gross National Income (GNI). Although the directive includes measures aimed at minimizing packaging, it has fallen short of achieving its environmental and internal market goals. This failure is partly attributed to varying national approaches to its implementation and unilateral packaging policies introduced by individual Member States, resulting in inconsistent regulatory frameworks. These discrepancies have weakened the directive’s effectiveness and hindered progress toward a circular economy.
To tackle these challenges, the EU has prioritized regulatory harmonization. On November 30, 2022, the EU proposed a Regulation on Packaging and Packaging Waste to replace Directive 94/62/EC. The new regulation also amends Regulation (EU) 2019/1020 and Directive (EU) 2019/904.
The Regulation on Packaging and Packaging Waste (PPWR) was formally adopted by the EU Council on December 16, 2024, which was the last stage of the legislative procedure. The regulation is anticipated to go into effect eighteen months after it is published in the EU’s Official Journal.
Member States must take action to meet the recycling goals set forth in the PPWR, which are unaltered from those in the PPWD.
Key Provisions of the PPWR
According to the document adopted by the Council, the PPWR applies to all packaging materials and covers packaging waste generated across multiple sectors, including industry, manufacturing, retail, distribution, offices, services, and households. It introduces requirements for the entire packaging lifecycle, encompassing sustainability compliance, market placement, and extended producer responsibilities (EPR) for managing post-consumer waste.
Packaging can only be placed on the market if it complies with the sustainability and labeling requirements specified in the PPWR, particularly Articles 5 to 12. Below is a summary of these requirements, along with key provisions for EPR obligations and restrictions on single-use plastic packaging.
1. Sustainability Requirements
A. Substances in Packaging
- Packaging must minimize harmful substances, particularly substances of concern such as per- and polyfluoroalkyl substances (PFAS) and Bisphenol A (BPA).
- The total concentration of lead, cadmium, mercury, and hexavalent chromium in packaging must not exceed 100 mg/kg.
- Food-contact packaging must adhere to specific PFAS limits:
- 25 ppb for any individual PFAS (excluding polymeric PFAS),
- 250 ppb for total measured PFAS (excluding polymeric PFAS),
- 50 ppm for all PFAS (including polymeric PFAS). If total fluorine exceeds 50 mg/kg, manufacturers, importers, or downstream users must provide supporting documentation as outlined in Annex VII of the PPWR.
- A restriction on BPA is expected to be adopted by the end of 2024, with an 18-month transition period for compliance.
B. Recyclability and Recycled Content
- All packaging must be recyclable as per the conditions in Article 6. By January 1, 2030, or 24 months after delegated acts take effect (whichever is later), only packaging meeting recyclability grades A, B, or C (detailed in Annex II) may be marketed. By January 1, 2038, packaging must meet grade A or B to be sold.
- Exceptions to recyclability requirements are listed in Article 6, Paragraph 11, including certain contact-sensitive packaging for infant formula and medical purposes.
- Article 7 mandates minimum recycled content in plastic packaging:
- By January 1, 2030, polyethylene terephthalate (PET) contact-sensitive packaging must contain at least 30% recycled content (excluding single-use plastic beverage bottles).
- By January 1, 2040, the recycled content requirement increases to 50%.
- Article 8 defines sustainability standards for biobased feedstock in plastic packaging, while Article 9 outlines compostable packaging criteria. Article 11 addresses reusable packaging standards.
C. Overpackaging Restrictions
- By January 1, 2030, packaging must be designed to minimize weight and volume without compromising functionality. Packaging that does not meet Annex IV performance criteria—such as designs intended solely to increase perceived volume (e.g., double walls or false bottoms)—is prohibited, except in specific cases (e.g., protected geographical indications under Union law).
2. Labeling Requirements
- Within 42 months of the Regulation’s entry into force, or 24 months after relevant implementing acts, all packaging must carry harmonized labels indicating material composition to aid consumer sorting. Article 12 provides details on derogations and the use of digital carriers like QR codes.
- Member States must ensure harmonized labels are affixed to waste receptacles for packaging within the same timeframe. This does not apply to receptacles used in deposit and return systems.
- Environmental claims about packaging properties (as per Article 2, point (o) of Directive 2005/29/EC) must meet specific criteria to be valid.
3. Extended Producer Responsibility (EPR) Requirements
- Chapter VIII outlines EPR obligations. A ‘producer’ includes manufacturers, importers, or distributors meeting the criteria in Article 3 regarding the market availability of packaging or packaged products.
- Member States must establish national registers within 18 months of the first implementing act (Article 44, Paragraph 14). Producers must register in each Member State where they operate. If a producer responsibility organization assumes responsibilities, it will handle registration unless otherwise specified.
- Registration applications must include information listed in Annex IX, Part A. Producers or authorized representatives must also submit annual reports by June 1 each year.
- Competent authorities must issue registration numbers within 12 weeks of receiving complete applications. Producers must pay financial contributions, including costs for labeling waste receptacles (Article 13).
- Online platforms must verify producer registration details before facilitating sales. Platforms may fulfill these obligations on behalf of producers if products are sold through online marketplaces.
- Deposit and return systems are mandatory for single-use plastic beverage bottles and metal containers up to three liters by January 1, 2029.
4. Single-Use Plastic Packaging Restrictions
Annex V of the PPWR restricts single-use plastic packaging for:
- Pre-packed fruits and vegetables under 1.5 kg,
- Food and beverages consumed within hotels, bars, and restaurants,
- Individual portions of condiments, sauces, milk creamers, and sugar in hospitality settings,
- Small cosmetic and toiletry products in accommodation (e.g., shampoo bottles),
- Very lightweight plastic bags used for bulk groceries at markets.
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