What is PPWR?
The Packaging and Packaging Waste Regulation ('PPWR') is an EU level regulation governing a wide range of topics covering the whole life cycle of packaging, from mandating EU-wide Deposit Return Schemes, to PFAS, to plastic usage and much more. It is, in reality, many regulations in one.
The PPWR sets out rules that need to be met before packaging can be put on the EU (and NI) market. These are wide ranging, setting out chemicals restrictions (including on PFAS), through to new labelling requirements and even restricting some specific packaging formats.
It also governs packaging when it gets to the waste stage, setting out an updated packaging extended producer responsibility ('EPR') scheme which will naturally lead to changes in packaging EPR at EU national level. Currently, it doesn't impact packaging EPR in NI which sits under the UK wide scheme.
Why do UK businesses need to care?
Although it is an EU law, it is highly likely to impact UK businesses who deal with packaging for two key reasons.
Firstly, many of the obligations (but not all) apply in Northern Ireland. Even if you don't deal with packaging in the EU, if you deal with packaging in Northern Ireland, we'd strongly recommend you consider how you could be impacted now.
If you do deal with packaging which enters the EU at some stage, you are also likely to be impacted. You should check if you have a role (which brings with it obligations) if your packaging enters the EU, in case you are responsible for putting it on the market. Even if you aren't legally obligated, we've seen many clients receive requests from their customers for proof of PPWR compliance. Information showing compliance needs to come down the supply chain, and sometimes suppliers of packaging will be under a duty to provide this.
We are seeing more and more businesses consider how to contractually address this. PPWR compliance of your packaging is therefore business critical.
What packaging does it apply to?
It covers packaging of all materials, and all types used throughout a product's journey, from the packaging the customer picks up on the shelf through to the grouped boxes and pallets used for display and transport.
Some obligations are specific to a packaging type – for example obligations relating to excessive packaging apply differently to sales packaging (what the consumer sees) than it does to transport packaging.
When assessing if your product(s) are in scope, you will need to consider a range of subsets of packaging – from compostable, through to 'take-away packaging' – to consider how PPWR applies.
There is already packaging law in the EU and UK – why is there so much concern around PPWR?
PPWR is a step-change. As a starting point, many of the core requirements under existing packaging law (Directive 94/62/EC) are pulled through to PPWR as a baseline but that is just the beginning.
PPWR goes significantly further in requiring packaging manufacturers to carry out a conformity assessment in relation to PPWR obligations, evidence this in technical documentation, and ultimately draw up a detailed declaration of conformity ('DoC'). This is not just a paper-based exercise – for many of the obligations, regulators will expect test reports to show compliance. If you consider the challenge that collecting the necessary information for EUDR was causing (when it was anticipated that it was coming into force), this goes much further.
Even if you aren't the manufacturer (although this is more likely if the packaging has your branding, and is a role not geographically restricted to those present in the EU) you could be obligated as an importer or distributor to ensure or verify that your suppliers have met their own obligations.
At present industry has a wide range of concerns with the law. For instance, a recent food industry CEO letter to the EU set out concerns regarding practicality and lack of key definitions which make the law difficult to comply with. Examples include:
- 2030 bans on certain single use plastic: for grouped packaging, this is missing key definitions such as what ‘necessary to facilitate handling’ means when considering exemptions. For condiments e.g. sauces, there is a lack of viable and scalable alternatives in the market. Compliance will cost billions and take years of R&D.
- Recycled content targets: Terms like “any plastic part” and “average per manufacturing plant” remain ambiguous, and will create operational uncertainty, increased administrative burden, and compliance risks.
- Harmonised waste sorting labels: do not have synchronisation of compliance dates for different labelling elements, leading to “duplicate and unjustified costs”.
- That for some product types the packaging format is necessary for product stability, safety and quality and the recyclability objective is not currently achievable at sufficient scale.
- PFAS: That food packaging won't be able to be put onto the EU/NI market from 12 August 2026 if PFAS limits are not adhered to, but there is no clear EU-wide approach to PFAS testing.
- Reuse targets: “The recycling-based exemption is unworkable and cannot be applied in practice, contrary to the intention of the co-legislators. Transitioning to reuse requires billions in investment, significant infrastructure changes and as illustrated by several LCAs [life cycle assessments] does not necessarily provide an environmental benefit."
This is just a sample of some of the concerns. Of course, this may be positioned as business trying to stop the law coming into effect. The letter makes clear, “our companies remain committed to the PPWR’s objectives and to its effective implementation. We firmly believe that constructive solutions can be found to ensure European industries remain competitive and grow sustainably.”
When does it apply?
Many of its obligations will start to apply on 12 August 2026, but other obligations will start to apply later than this. For example, some of the new harmonised labelling won't apply until at least August 2028.
Won’t it just be delayed like EUDR?
So far, the Commission have held firm that there won't be delays. In guidance published at the end of March, they were clear that for food packaging PFAS limits a transitional period wouldn't be in place.
There has been a trend in recent years, particularly in law impacting supply chains significantly like EU Deforestation Regulation, of delay, delay, simplify.
However, given PPWR is business critical, we'd recommend it is treated as though it will apply in August. Although there is currently a simplification proposal which impacts PPWR, it only covers some small elements of EPR.
