At a glance
- Regulation (EU) 2025/40 on packaging and packaging waste (PPWR) aims at revolutionizing the way packaging is designed, manufactured, labelled and discarded to pave the way for more harmonized and circular packaging rules.
- Its provisions will affect the entire life-cycle of packaging from manufacture to end-of-life. Key measures include making all packaging recyclable, the imposition of minimum recycled content targets for plastic packaging, a harmonized labelling system to facilitate sorting and recycling, re-use and refill systems and recycling targets.
- Much of the technical details of the PPWR are yet to be fleshed out by secondary legislation.
- The PPWR provisions will apply in Northern Ireland pursuant to the Windsor Framework, with some exceptions.
A significant step towards harmonized and circular packaging rules
Following intense and protracted negotiations, the PPWR entered into force on 11 February 2025.1 Its provisions will apply generally from 12 August 2026,2 although transition periods are foreseen for a number of requirements.
The PPWR repeals Directive 94/62/EC of 20 December 1994 on packaging and packaging waste, which was no longer considered suitable and sufficient to reduce packaging waste and promote the recyclability and reusability of packaging. The transition from a Directive to a Regulation is intended to achieve a higher level of harmonization between Member States.
It introduces ambitious requirements and targets that will affect the whole life-cycle of packaging from manufacture to end-of-life, and have a profound influence on the entire packaging supply chain.
The PPWR provides a fascinating case study for how progressive EU environmental regulation will directly impact UK society. These sweeping changes will, of course, affect UK businesses placing products on the EU market, but will also apply directly in Northern Ireland.
Encouraging sustainable packaging design and production
Lying at the heart of the PPWR are the ambitions of reducing packaging waste and achieving packaging circularity in the EU.
Under the PPWR rules, all packaging placed on the EU market will have to be recyclable by 2030 (save for limited exceptions). Packaging recyclability will be expressed in recyclability performance grades (A, B or C) and assessed against design for recycling criteria (i.e., the way the packaging has been designed allows for the substitution of primary raw materials with recycled raw materials) and recyclability at scale criteria (i.e., once the packaging becomes waste, it can be collected and sorted without affecting the recyclability of other waste streams and recycled at scale).3
The new regime also aims to increase the uptake of secondary raw materials by imposing minimum recycled content targets for certain plastic packaging. Packaging imported into the EU will also be subject to minimum recycled content requirements.4
The presence and concentration of substances of concern in packaging must be minimized. A specific restriction for PFAS in food-contact packaging above certain concentration thresholds is introduced and will be subject to future review to reflect any PFAS bans and/or restrictions adopted under other EU regulatory frameworks.5 In parallel, the European Chemicals Agency (ECHA)'s committees continue their work on a universal PFAS restriction under the REACH Regulation.6 The comments submitted during the 2023 public consultation (which received an unprecedented 5,600 submissions) are still being considered. The committees will publish their (draft) opinions in 2025.7 ECHA's committees are also considering alternatives to the two restriction options contained in the original restriction proposals (i.e. a full ban or a ban with time-limited derogations where alternatives are demonstrated to be unavailable).
The PPWR also aims to reduce the weight and volume of packaging that is placed on the EU market, and sets a maximum empty space limit of 50% when filling grouped packaging, transport packaging and e commerce packaging.8
Certain types of single-use plastic packaging will be banned from 2030. These include ‘convenience' packaging used at points of sale to group goods sold in bottles, cans, tins, pots, tubs and packets to encourage consumers to purchase more than one product, packaging for foods and beverages filled and consumed at hotels, cafés or restaurants, and packaging for cosmetics and toiletry products used in the accommodation sector.9
Packaging waste management
One aim is to reduce the generation of packaging waste and improve the collection, sorting and recycling of packaging waste through a variety of measures.
Economic operators will need to provide re-use and refill systems for reusable packaging that they put on the market.10 Similarly, Member States must encourage the establishment of re-use systems for packaging such as deposit and return systems, economic incentives and the obligation on manufacturers and final distributors to make a certain percentage of products available in reusable packaging within a re-use system or refill.11
A harmonized labelling system based on the material composition of packaging is established to assist consumers in the sorting and disposal of packaging waste.12 The simplification and harmonization of labelling rules is expected to ensure a better separation and collection of packaging waste at source, which should in turn improve the quality of recycled materials.
Deposit Return Schemes (DRS) must be implemented by Member States by 2029 for single use plastic beverage bottles and single-use metal beverage containers with a capacity of up tothree litres.13
The PPWR provides for the introduction of Extended
Producer Responsibility (EPR) systems in each Member State.14 The financial contributions to be paid by packaging producers will be modulated based on the recyclability grade obtained to further incentivize sustainable packaging design.15
Application of the PPWR in Northern Ireland
When the UK completed its exit from the European Union on 31 January 2020, Great Britain (England, Wales and Scotland) set itself on an independent path for chemicals and environmental law and policy. Northern Ireland continues to apply EU law under the Northern Ireland Protocol (which forms part of the EU/UK Withdrawal Agreement) and the Windsor Framework which modified arrangements under the Northern Ireland Protocol from 24 March 2023.
The PPWR was notified to the Windsor Framework Democratic Scrutiny Committee (DSC) on 23 January 2025. At its meeting on 30 January 2025, the DSC decided not to hold an inquiry into the replacement EU act pursuant to paragraph 8(1) of Schedule 6B of the Northern Ireland Act.16
A Commission Notice (C/2025/946) published by the European Commission in February 2025 clarifies the extent of the application of the PPWR in Northern Ireland.17 The Notice confirms that most of the PPWR provisions will apply in Northern Ireland pursuant to Article 13(3) of the Windsor Framework, with certain exceptions. Examples of PPWR measures that are out-of-scope of the Windsor Framework and consequently which will not apply in Northern Ireland include:
- re-use targets imposed on transport packaging, sales packaging used to transport products (pallets, plastic boxes, trays, plastic crates, intermediate bulk containers, drums, canisters etc.) and sales packaging for beverages;18
- refill and re-use obligations for the takeaway sector;19
- targets for the reduction of packaging waste generated per capita as compared to the packaging waste generated per capital in 2018;20
- harmonized requirements relating to extended producer responsibility, return and collection systems, deposit return scheme systems, recycling targets;21 and
- certain waste reporting obligations.22
How the PPWR will work in practice is yet to be clarified
Whilst the regime sets an ambitious regulatory framework that will drive significant change in the way packaging is designed, manufactured, labelled, used and disposed of, it is important to note that much of its technical details are yet to be fleshed out by way of secondary legislation (implementing acts and delegated acts). Such acts will be adopted by the Commission and provide further details on how PPWR requirements will work in practice. This two phase approach to environmental legislation is increasingly common in the EU.
Key technical details that are awaited include the methodology for the calculation of the empty space ratio, the harmonized label for packaging and waste receptacles, the minimum number of rotations for reusable packaging, the design for recycling criteria and the ‘recycled at scale' assessment, recyclability performance grades for packaging categories, as well as the framework for the modulation of EPR fees based on packaging recyclability performance grades.
What about Great Britain?
Significant work has already been done across the nations of Great Britain on similar measures to those contained in the PPWR, such as Extended Producer Responsibility and the Deposit Return Schemes. There is also potential for future overlap, since the newly-minted Producer Responsibility Obligations (Packaging and Packaging Waste) Regulations 2024 introduce new obligations on packaging producers and apply across the UK (including Northern Ireland). Nevertheless, divergence between the PPWR rules and the GB packaging rules means that regulatory barriers could arise within the UK internal market as regards packaging produced, labelled, supplied and disposed of in Northern Ireland and in Great Britain. A key priority of the UK government will be to avoid or minimize such barriers. It is anticipated that the government will consult on how best to achieve this objective during 2025.23 As part of this process, it will consider the merits of adopting certain equivalent measures to the PPWR across GB.
Footnotes
1. Regulation (EU) 2025/40 of the European Parliament and of the Council of 19 December 2024 on packaging and packaging waste, amending Regulation (EU) 2019/1020 and Directive (EU) 2019/904, and repealing Directive 94/62/EC, OJ L, 2025/40, 22.1.2025
2. Article 71 of the PPWR
3. Article 6 of the PPWR
4. Article 7 of the PPWR
5. Article 5 of the PPWR
6. Regulation (EC) No 1907/2006 of the European Parliament and of the Council of 18 December 2006 concerning the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH), establishing a European Chemicals Agency, amending Directive 1999/45/EC and repealing Council Regulation (EEC) No 793/93 and Commission Regulation (EC) No 1488/94 as well as Council Directive 76/769/EEC and Commission Directives 91/155/EEC, 93/67/EEC, 93/105/EC and 2000/21/EC (OJ L 396 30.12.2006, p. 1)
7. https://echa.europa.eu/-/echa-and-five-european-countries-issue-progress-update-on-pfas-restriction
8. Articles 10 and 24 of the PPWR
9. Article 25 of the PPWR
10. Articles 26 and 28 of the PPWR
11. Article 51 of the PPWR
12. Articles 12-13 of the PPWR
13. Article 50 of the PPWR
14. Article 45 of the PPWR
15. Article 7(7) of the PPWR
17. Available here.
18. Article 29 of the PPWR
19. Articles 32-33 of the PPWR
20. Article 43 of the PPWR
21. Articles 45-47, 48, 50, 52-54 of the PPWR
22. Under Article 56 of the PPWR
23. Explanatory Memorandum for European Union legislation within the scope of the UK/EU Withdrawal Agreement and Windsor Framework dated 29 January 2025 (see here)
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
