The PPWR and the Single Use Plastics Directive

What is the Single Use Plastics Directive (SUPD)?

Businesses that place on the market single-use plastic packaging should keep in mind that the Single Use Plastics Directive (SUPD) applies to their activities in addition to the PPWR. Some key features of the SUPD:

  • The SUPD requires Member States to prohibit certain SUP products and to take measures to achieve an ambitious and sustained reduction in the consumption of SUP products.
  • The SUPD also sets targets regarding recycled content and collection. SUP beverage bottles which are manufactured from PET will have to contain at least 25% of recycled plastic from 2025 and 30% from 2030 onwards for all SUP beverage bottles (not limited to PET), calculated as an average for all such beverage bottles placed on the market on the territory of a Member State.
  • Pursuant to the SUPD, EU Member States must ensure a separate collection for recycling of 77% of the SUP bottles placed on the market by 2025 and 90% of the SUP bottles placed on the market by 2029.
  • The PPWR also sets targets regarding recycled content of the parts of packaging that are made of plastic (above 5% of the total packaging weight). Applicable by 1st January 2030 (or 3 years from the date of entry into force of the relevant implementing act, whichever is the latest), these targets are:
    • 30% for contact sensitive plastic packaging made from PET as a major component (50% from 2040),
    • 30% for SUP beverage bottles (65% from 2040), and
    • 35% for other plastic packaging (65% from 2040).

How could the SUPD overlap or interact with the PPWR?

 

  • Although the SUPD is a lex specialis in relation to the PPWR, the latter directly modifies some provisions of the SUPD. Article 67 PPWR foresees a number of amendments to the SUPD, including the introduction of new bans in Part B of the SUPD Annex.
  • The PPWR’s definition of “composite packaging” is without prejudice to the SUPD.
  • Certain packaging formats fall under the scope of the SUPD in addition to being regulated under the PPWR. The SUPD notably applies to SUP food containers, cups, beverage containers, plastic bags, packets and wrappers.
  • The SUPD prohibits certain single-use plastic products where alternatives are readily available and limits the use of other types of single-use plastics.
  • The SUPD also introduced design requirements for products such as PET bottles, and labels must inform consumers on the plastic content of the some SUP product and the ways that it those can be disposed of.
  • The SUPD also introduced waste management and litter clean-up obligations for producers.

Since the SUPD is a directive, it must be transposed into the laws of each EU Member State. Businesses subject to both the SUPD and the PPWR should therefore check the implementation of the SUPD in the national legislation of the Member States where they operate and ensure that they comply with both the PPWR and the rules implementing the SUPD. They should also keep in mind that, while the PPWR is a regulation (and therefore applies without requiring prior implementation into national law), the PPWR explicitly allows, and even at times requires, EU Member States to adopt national measures (e.g., regarding waste management). The PPWR also provides that the European Commission will adopt delegated acts on certain issues.

If one of the two pieces of legislation is more restrictive than the other, the stricter rule should be followed. This is the case for instance of the bans included in Annex V of the PPWR.

In case of conflict, it could be argued that the SUPD is more specific and should therefore prevail (unless the PPWR clearly intends to amend the SUPD, in which case there is no actual conflict). This interpretation finds support in recital 180 of the PPWR, which calls the SUPD a “lex specialis” and provides that the SUPD should prevail in the event of a conflict with the PPWR. However, companies that believe that they are subject to conflicting and equally binding legal rules should probably seek legal advice before taking a position.

The SUPD will have to be reviewed by 3 July 2027. A public consultation is scheduled to be launched towards the end of 2025.

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