PPWR: Application of the new rules has begun

What is the PPWR?

The PPWR is Regulation (EU) 2025/40 on packaging and packaging waste. Its objective is to regulate the entire lifecycle of packaging. The regulation aims to reduce the amount of packaging waste, promote reuse and recycling, and gradually phase out harmful substances.

A key development is that the PPWR is a regulation rather than a directive. Consequently, Member States are not required to transpose its provisions into national legislation, as the rules are directly applicable. The regulation affects not only manufacturers, importers and distributors, but also logistics service providers and online marketplaces.

For more than three decades, the EU framework governing packaging was based on the Packaging Directive adopted in 1994 (Directive 94/62/EC), which is now being replaced by the PPWR.

Who Is Affected?

The PPWR applies to almost all participants in the packaging value chain. This includes, among others, businesses manufacturing packaging or packaged products, importers, distributors, fillers and packers, logistics service providers, and online marketplaces. In practice, a company may simultaneously perform several of these roles and therefore be subject to multiple obligations under the regulation.

Which Requirements Already Apply?

At present, the number of provisions that must be actively complied with remains relatively limited. The most important currently applicable requirements include the following:

• Food-contact packaging may not be placed on the market if it contains PFAS (per- and polyfluoroalkyl substances), commonly known as “forever chemicals,” above the concentration thresholds established by the PPWR. Companies must ensure compliance with the relevant PFAS restrictions and be able to demonstrate such compliance through appropriate technical documentation.
• Packaging must be minimized, meaning that its volume and weight should be limited to the minimum necessary to ensure its functionality (Article 10).
• The identification details and contact information of the manufacturer must be indicated on the packaging (Article 15 (5)-(6)).
• The new PPWR definition of “producer” must be incorporated into national EPR systems.

As a general rule, packaging that has already been placed on the market or is held in distributor inventories does not automatically become subject to destruction or relabelling requirements. However, for newly marketed packaging, compliance with the applicable PPWR requirements must already be assessed. During the introductory period, manufacturer identification details may also be provided in accompanying product documentation.

Most Detailed Rules Are Still Under Development

Many provisions of the regulation will only become fully operational once the relevant implementing and delegated acts are adopted. These measures will specify, among other aspects, the detailed technical requirements for compliance, the applicable harmonised standards, and the precise methods for demonstrating conformity.

As a result, companies currently do not yet possess all information necessary for the full implementation of every new requirement. Nevertheless, the direction of regulation is already clear: packaging will need to become progressively more sustainable, circular and recyclable, while documentation and traceability obligations throughout the supply chain will gain increasing significance.

Over the coming years, detailed requirements concerning recyclability, recycled plastic content, reuse systems, labelling and information obligations are expected to enter into force gradually. Businesses are therefore advised to begin reviewing their packaging portfolios and collecting relevant supplier information without delay.

The European Commission has expressly stated its intention that national market surveillance authorities should adopt a coordinated approach and apply similar principles when enforcing the new rules.

During the current introductory period, significant emphasis is expected to be placed on informing businesses and facilitating compliance. Nevertheless, companies should already begin documenting their compliance efforts, as enforcement practices may vary between Member States. Where deficiencies are identified in compliance documentation, authorities may allow businesses to remedy such shortcomings; however, inspection and sanctioning practices may differ across jurisdictions.

Companies should therefore assess their role within the packaging value chain, whether as a manufacturer, EPR producer, importer or distributor, as the applicable obligations will depend on their specific position.

It is also advisable to prepare the EU Declaration of Conformity and the related technical documentation and, in the case of food packaging, ensure proper documentation demonstrating compliance with the PFAS requirements. Maintaining records of the preparatory steps undertaken may be particularly important, as such evidence could support a company's good-faith compliance efforts during any future regulatory inspection.

* * *

As the detailed implementing rules associated with the regulation continue to evolve, we will keep you regularly informed through our newsletters about new implementing measures and regulatory guidance.

Should you wish to assess which PPWR requirements specifically apply to your business and packaging portfolio, and to identify areas where additional measures may be required, our advisors would be pleased to assist you.