The PPWR Regulation (Packaging and Packaging Waste Regulation) is a proposed new legislative act in the European Union aimed at regulating packaging and packaging waste management. It is part of the EU’s sustainability efforts, particularly concerning the circular economy and waste reduction. Unlike a directive, this regulation would, once adopted, be directly enforceable throughout the EU without requiring transposition into national laws by individual member states.

The main objectives of the PPWR focus on reducing packaging waste and optimizing packaging use to limit waste generation. A key goal is to promote reusable packaging, which should increase the market share of such packaging and foster the development of systems enabling reuse. The regulation emphasizes enhancing recycling by introducing design requirements that facilitate recycling and mandating the use of specific amounts of recycled materials in the production of new packaging. It also aims to increase minimum levels of recycled content in certain types of packaging, thereby supporting the secondary raw materials market. An important element is the standardization and labeling of packaging, which will enable consumers to more easily sort waste and participate in recycling efforts. Additionally, there is an obligation for reporting and monitoring, meaning that companies and member states will need to report the amount of packaging waste introduced to the market and how it is processed.

Benefits of the PPWR regulation:

• Environmental Protection – reducing packaging waste and decreasing the use of single-use plastic.
• Sustainable Economic Development – supporting the recycled materials market and the development of new processing technologies.
• Producer Responsibility – companies will be more accountable for the packaging they put on the market, which could result in more thoughtful product and packaging design.

The regulation excludes certain types of packaging:

• Direct packaging, such as containers or other forms in direct contact with medicinal or veterinary products (Directive 2001/83/EC, Regulation 2019/6).
• Packaging in contact with sensitive products used for medical devices covered by Regulation (EU) 2017/745.
• Packaging in contact with sensitive products used for in vitro diagnostic medical devices covered by Regulation (EU) 2017/746.

Recycled Content in Packaging

The European Union aims to increase the share of recycled materials in plastic packaging, where recycled content usage remains low. Under the PPWR Regulation, packaging producers will be required to use secondary materials, mainly from previously used packaging.

These requirements will vary based on factors like the type of material, intended use, and type of packaging. By 2030, the minimum recycled content from post-consumer plastic waste per package will be set at 30-35%. By 2040, this level is expected to rise to a range of 50-65%, depending on the packaging specifications.

The PPWR Regulation will apply to both companies based in the European Union and businesses importing packaging into the EU. The provisions will cover both EU-made and imported products to maintain consistent and fair market conditions across Europe. This will promote uniform standards for packaging and waste management across the EU.

Regulation Status

Work on the PPWR is at an advanced stage. The draft has already undergone several rounds of public consultation and negotiation among EU institutions. The introduction of the PPWR will have a significant impact on EU-based companies that produce or use packaging, particularly in the food, cosmetics, and pharmaceutical sectors.

The PPWR Regulation is part of the EU’s broader circular economy strategy and aims to make the European market more environmentally friendly and sustainable.

On 16 December 2024, the Council of the European Union adopted a regulation on packaging and packaging waste, thus finalising the ordinary legislative procedure. Once published in the Official Journal of the European Union, the regulation will become law in all EU Member States. Its provisions will enter into force 18 months after the official date of entry into force.

If you have any questions or concerns regarding the above matter, please feel free to contact our expert, Piotr Wlodawiec: wlodawiec[at]prokurent.com.pl

Authors:

Piotr Włodawiec – Attorney-at-law / Senior Partner

Paweł Buczyński – Food Technology Engineer

Legal status: 14.11.2024

The article was translated using AI.