Overview and summary of the PPWR Regulation
What is the PPWR?
The abbreviation PPWR stands for “Packaging and Packaging Waste Regulation”. It is a European regulation that was adopted by a large majority in the EU Parliament at the end of April 2024, just a few weeks before the European elections.
The PPWR aims to reduce the environmental impact of packaging within the European Union. To this end, material consumption and packaging waste are to be reduced and recycling loops promoted. The regulation therefore contains requirements relating to packaging, such as its recyclability, composition and corresponding labelling.
Special features of a European regulation
In contrast to European directives, European regulations are characterised by a special feature: They become directly applicable law. Regulations do not have to be implemented by national legislators or adapted to national particularities. However, many regulations in the PPWR only lay down principles. These will only be filled with concrete content and requirements by further European acts that have yet to be adopted.
Who does the PPWR apply to?
The PPWR Regulation covers all types of packaging and packaging waste. In future, it will apply to all companies based in the EU and to companies that import packaging into the EU.
How and when does the regulation come into force?
The current status (August 2024)
The Regulation is currently being translated into the respective official languages. As soon as this process is complete, the Regulation will be submitted to the newly elected EU Parliament for a final vote. The new Parliament is not bound by the decision of the Parliament of the previous session and can still request amendments. However, such a procedure would be very unusual and is not expected.
The final vote in the EU Parliament is expected to take place in autumn 2024. The regulation will then enter into force 18 months later (probably in spring 2026) and will have direct effect in the member states.
However, not every provision of the PPWR must be complied immediately: In many cases, the respective article of the PPWR contains a separate date by which the regulations must be fulfilled. Nevertheless, we recommend that you familiarise yourself with the new legal requirements at an early stage and initiate preparatory processes. We are happy to support you here.
What are the consequences of non-compliance?
Packaging that does not comply with the requirements of the PPWR may no longer be placed on the market within the EU in future. Infringements may result in fines and loss of sales as well as possible damage to the company’s image. A precise catalogue of fines and detailed regulations are still being formulated.
What regulations does the PPWR contain?
Below we provide an overview of the key new requirements under the PPWR:
This includes, for example, the topic of so-called “perpetuity chemicals” (PFAS) and their limitation in food packaging.
The PPWR stipulates that all packaging placed on the market must be recyclable from 2030. Minimum requirements (so-called performance levels for recyclability) are defined for this purpose.
From 2030, the PPWR requires a minimum proportion of recyclate for plastic packaging, which will increase again in 2040.
From 2030, only packaging that has been reduced to the required minimum may be placed on the market (ban on double walls, false bottoms, unnecessary layers, so-called “cheat packaging”, etc.).
The PPWR introduces mandatory, standardised labelling of packaging as well as various information obligations. The specific details will be determined in further implementing acts. However, a transitional period for the sale of unlabelled packaging is planned in any case.
From 2030, the empty space of certain transport, shipping and secondary packaging may not exceed 50% of the volume, whereby empty space is defined as the space of the packaging that is filled with filling material (bubble wrap, paper, foam, etc.).
The PPWR contains a ban on the packaging formats listed in Annex V. These include, for example, disposable containers in the catering and accommodation sector (HORECA), e.g: Bottles for shampoo, body lotion, etc. and in the food sector e.g. for fruit, vegetables, sauces.
An obligation is introduced for retailers to submit a self-declaration (declaration of conformity) to fulfil the packaging regulations. This is intended to ensure that only packaging that fulfils the requirements of the PPWR is placed on the market.
Each member state is required to reduce the amount of packaging waste generated per capita. The reduction is to be 5 % by 2030, 10 % by 2035 and 15 % by 2040.
The PPWR introduces an obligation to appoint an authorised representative in each member state in which the company is not based but sells goods there. This authorised representative serves as a representative and local contact for the authorities in relation to the obligations arising from the PPWR.
In addition, measures are prescribed to promote the use of reusable packaging. These include incentives for manufacturers and retailers to set up and use reusable systems. From 2030, for example, 40% of transport packaging should be reusable.
PPWR implementation: We are here for you!
Many companies are unsure about what legal requirements they will face in future with the introduction of the PPWR and how they can implement them. We are happy to support you at an early stage with our relevant services and keep you up to date:
We’re experts in packaging licensing, all types of take-back solutions and the assessment of recyclability in accordance with Section 21 of the German Packaging Act (VerpackG).
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