Introduction
On 30 November 2022, the European Commission published an update to the Packaging and Packaging Waste Directive (PPWD) as part of the Circular Economy package. It was proposed that the legislation will be upgraded to a regulation, meaning a more prescriptive implementation in all EU Member States.
This article explains how the EU regulation will go beyond the current UK packaging EPR requirements. UK producers placing packaging on the market in the EU are strongly advised to be aware of this.
What are the objectives of the EU PPWR?
An overarching objective of the PPWR is to reduce packaging production and the associated waste, alongside improving recyclability and boosting recycled content markets. There are also several ambitious proposals surrounding reuse and refill.
When is the EU PPWR coming into force?
In March 2024, a provisional agreement was approved by the EU Parliament’s Environment Committee and Council. The text was then analysed and corrected by lawyer-linguists.
The legislation was formally adopted on 16 December 2024, and published in the Official Journal of the EU on 22 January 2025. The Regulation applies from 12 August 2026, 18 months after entry into force. Secondary legislation will also be drafted and published over time, providing specific information and frameworks for businesses to comply with the new requirements that come into effect.
What new measures does the PPWR contain?
The PPWR is an ambitious regulation that contains numerous regulatory measures which affects all packaging within the EU market. Key intervention areas contained within the text includes recyclability of packaging, recycled content, labelling requirements and waste minimisation. These include:
- Recyclability by design requirements. The European Commission is expected to publish these requirements in 2028 in the form of a grading system, where all packaging placed on market from 2030 has an A, B or C grading, and from 2035 has either an A or B grading.
- Contact sensitive PET plastic packaging must contain 30% recycled content by 2030, and 50% by 2040. For contact sensitive plastic packaging other than PET it must contain 10% by 2030, up to 25% by 2040. Single-use drinks containers must contain 30% and 65% recycled content by the same dates, and for all other plastic packaging the target changes from 35% to 65%.
- By 2028, there will be a number of harmonised labelling obligations. Mandatory information will include detail such as packaging material composition and reusability.
- Further packaging bans – or ‘restrictions’ – include single-use packaging for fruit and vegetables, sachets of sauces and condiments, and miniature toiletry bottles found in the hotel sector will come into effect in 2030.
- 10% of all drinks and beverage containers sold to consumers must be sold with a reuse suitable format by 2030, increasing to 40% by 2040.
There are a number of derogations and clauses attached to the measures – for instance certain exemptions for packaging around licensed human medicines or around food intended for infants.
How does this affect individual EU Member States?
The move to a regulation from a directive means the legislation is directly applicable in all EU Member States, and Article 4 of the text means Member States cannot prohibit, restrict or impede the placing on the market of packaging that complies with the regulations' requirements.
However, the regulation also allows Member States to maintain or introduce national packaging measures too, as long as they don’t conflict with the PPWR and are ‘proportionate and non-discriminatory’. This means compliance with the PPWR across EU nations may be slightly different.
How will the PPWR work?
Although the details have yet to be established, the regulation sets out some broad compliance activities that producers will need to perform.
After August 2026 we expect details on registration and reporting to have been outlined, and by mid-2027 a full register of obligated businesses to have been produced. This will tie in with already established Extended Producer Responsibility (EPR) schemes in each Member State that will be required to:
- Allocate a share of packaging producer funds to financing reduction and prevention actions
- Modulate EPR fees based on packaging recyclability performance grades (mandatory) and recycled content (voluntary)
Impact of the PPWR on producers
The soon-to-be reformed PPWD (the previous version of the new regulation) was originally transposed into pre-Brexit UK law in the late 1990s. Being a Directive meant a certain amount of discretion in its implementation - for instance, the UK introduced market-based recycling evidence notes (PRN/PeRNs) which was at odds with most of its European counterparts.
However, now the new PPWR has been passed in the EU, the differences in EU packaging policy compared to the UK will become even more pronounced, especially considering the UK’s unique Extended Producer Responsibility (EPR) framework.
The impacts for producers trading in the EU and the UK may be significant, so businesses should start preparing for the changes the PPWR may bring to their operations as soon as possible.
Impact of the PPWR on the UK
Because the existing directive was transposed into UK law before exiting the EU, under the Northern Ireland Protocol the changes resultant of the PPWR being enacted into a regulation will likely need to be implemented there, to an extent.
This is because government believes that UK manufacturers and producers of packaging will almost certainly ensure all of their packaging products conform with the new EU legislation, regardless of where it is sold, to ease financial and administrative burdens.
Although some of the proposed reforms may align with developing UK regulations, many will not, meaning government and the devolved administrations should consider how the two sets of legislation interact.
We expect further information on this in due course.
What should you do now?
The impact of the PPWR will depend on the final details in the enacted regulation and the activities of any given organisation. It is likely to have varying degrees of impact within a supply chain.
As a minimum, producers should take steps now to fully understand their packaging portfolio via robust data collection to provide the insights necessary to drive their packaging strategy. This will put them in the best position to analyse the impacts of UK packaging EPR legislation and the upcoming EU PPWR on their business. Our packaging data analytics are a great place to start.
Any questions?
If you have any questions about how this may impact your organisation, please contact your account manager directly who will be happy to help you.
External resources
You can find a range of resources about the PPWD on the official website of the EU.
