About the PPWR
The Packaging and Packaging Waste Regulation (PPWR) is the new legislative framework regulating all packaging and all packaging waste, whether such packaging is used in or originates from industry, other manufacturing, retail or distribution, offices, services or households.
The PPWR applies to all packaging placed on the EU market (and the waste resulting from it), both at B2B and B2C level, irrespective of the type of product contained within the packaging. It covers all stages of the packaging life cycle, including production, distribution, use, and waste management.
Before the PPWR, the main regulatory framework for packaging in the European Union was the Packaging and Packaging Waste Directive (PPWD). The PPWD was adopted in 1994 and amended several times over the years. However, the PPWD was found insufficient in view of the EU’s growing ambitions to address the environmental challenges posed by packaging and its waste. The PPWD was found to suffer from regulatory failures due to a mixture of poor implementation and poor enforcement and not being up to date with market developments. Setting common requirements at EU level was found to be necessary in order to ensure a harmonised and well-functioning internal EU market. This led to the PPWR, which replaces the PPWD.
One important difference between the PPWD and the PPWR lies in the definition of packaging:
- The PPWD defines packaging as “all products made of any materials of any nature to be used for the containment, protection, handling, delivery and presentation of goods, from raw materials to processed goods, from the producer to the user or the consumer” (Article 3 (1) PPWD – emphasis added).
- The PPWR’s definition is close but not identical: “packaging” as “an item, irrespective of the materials from which it is made, that is intended to be used by an economic operator for the containment, protection, handling, delivery or presentation of products to another economic operator or to an end-user and that can be differentiated by packaging format based on their function, material and design” (Article 3 (1) (1) of the PPWR – emphasis added).
The use of the word “intended” in the new definition of the PPWR seems to indicate that empty packaging is also covered, as specified in the definition of the notions of “making available on the market” (Article 3(1)(9) PPWR), “placing on the market” (Article 3(1)(10)) and “making available on the territory of the Member State” (Article 3(1)(11)). This is despite the indicative list of items in the scope of the definition of packaging given in Annex I to the PPWR. Please consider this as you fill in the questionnaire.
Other main changes as compared to the PPWD are as follows:
- Regulatory Shift: The regulatory framework transitions from a Directive, which requires Member States to achieve certain goals without dictating the specific means, to a Regulation, which is directly applicable and binding in all Member States without the need for national implementation. However, please note that the PPWR still explicitly offers some flexibility for EU Member States to regulate certain issues covered by the PPWR. The PPWR even requires Member States to take waste management and prevention measures.
- Reuse and Targets for Recycled Content: The PPWR introduces detailed targets for the reuse, refill and recycled content of packaging materials. It also requires minimum recycled content in any plastic part of packaging placed on the market.
- Design Requirements: The PPWR imposes stricter design requirements to ensure that packaging is recyclable and/or reusable. This includes criteria for material composition, labelling, and the avoidance of hazardous substances.
- Extended Producer Responsibility (EPR): The PPWR strengthens EPR schemes, making producers more accountable for the entire lifecycle of their packaging. Producers are required to cover the costs of waste management and invest in packaging solutions that support recyclability and the integration of recycled content.
- Compostable Packaging: The PPWR provides definitions and standards for compostable packaging, ensuring that such materials can be effectively processed in industrial composting facilities.
- Reporting and Monitoring: The PPWR enhances reporting and monitoring requirements for Member States and businesses, ensuring better tracking of packaging waste generation and management.
- Consumer Information: There is a stronger emphasis on providing consumers with harmonised information on how to correctly sort the packaging they dispose of, as well as informing them of the environmental impact of packaging.
Businesses should keep in mind that there may be overlaps between the PPWR and other pieces of EU legislation. This includes, for instance, the Single Use Plastics Directive (SUPD), the Ecodesign for Sustainable Products Regulation (ESPR) and the (upcoming) Green Claims Directive (GCD) (this list is non-exhaustive).
To determine whether your business may be subject to obligations under the PPWR, click here.