EU Packaging and Packaging Waste Regulation (PPWR) to signal Seismic Change in Food Packaging

On 24th April 2024 the European Parliament adopted the Packaging and Packaging Waste Regulation (PPWR) TA (europa.eu). Once in force this will replace the EU Packaging Directive 94/62/EC.  The new rules have been provisionally agreed on with the Council, which needs to formally approve them so they can enter into force.

The PPWR will mark a seismic change for food packaging.

Key points

• EU conformity declaration. The PPWR will require packaging manufacturers to issue a declaration of conformity for packaging before placing it on the market.
   
• Reductions: Targets to progressively reduce packaging
  - 5% by 2030,
  - 10% by 2035
  - 15% by 2040
  Also, require national governments to focus in particular on the reduction of plastic packaging waste.
   
• Design: From 1st January 2030 manufacturers and importers must ensure that the packaging they place on the market “is designed so that its weight and volume is reduced to the minimum necessary for ensuring its functionality”. A maximum empty space ratio of 50% is set for grouped, transport and e-commerce packaging in order to reduce unnecessary packaging.  Space filled by materials such as bubble wrap or Styrofoam chips being considered “empty space” (Art. 24 PPWR).
   
• Single Use Packaging: From 1st January 2030 single-use plastic packaging will be banned for unprocessed fresh fruit and vegetables, food and drink served in hotels, restaurants, cafés and the like (HORECA-sector), and individual portions of condiments such as sauces, cream or sugar – a measure aimed at fast food chains. Miniature toiletry packaging will also be banned in hotels, while very lightweight plastic bags will be forbidden in shops (below 15 microns), except for very lightweight plastic carrier bags required for hygiene reasons or provided as primary packaging for loose food when this helps to prevent food wastage.
   
• Limits on PFAS: limits the presence of ‘forever chemicals’, also known as per- and polyfluorinated alkyl substances (PFAS), in food contact packaging in a concentration at or above specific thresholds (Art. 5 PPWR). The definition of PFAS substances in scope and prohibitive concentration levels in question are to be adopted from the Regulation (EU) No 1907/2006 (“REACH”) restriction proposal currently under consideration within the  European Chemicals Agency (ECHA).
   
• Recycling:  From 1st January 2030 most packaging sold in the EU must be recyclable and will be categorised in terms of its ‘recyclability’ level.  Any plastic part of packaging placed on the market, in future, must contain a minimum percentage of recycled content.  90% of single-use plastic and metal beverage containers below three litres must be collected for recycling, (Deposit Return Schemes (DRS)) although wine, spirits, milk, and dairy products are excluded from this obligation. 
   
• Recycling Exemptions:  An exemption exists for compostable packaging (Art. 9 PPWR), sales packaging made from specific materials (lightweight wood, cork, textile, rubber, ceramic, porcelain or wax), contact sensitive packaging for processed cereal-based food, food for special medical purposes and baby food as well as, for a limited period and upon notification of the competent authority, so-called “innovative packaging” (Art. 3(1)(8) PPWR).
   
• Labelling:
  • Compostable packaging labelling Compostable packaging (as defined by Art. 9 (1), (2), Annex III PPWR) must indicate that the material is compostable, but not suitable for home-composting, and that compostable packaging must not be thrown away in nature.
  • Harmonised labels: Packaging (including e-commerce packaging, but not transport packaging or packaging which is part of a deposit return scheme) must be labeled with a harmonized label, which indicates its material composition to facilitate the sorting of packaging waste by consumers.  (Art. 12 PPWR)
  • Reusable packaging needs QR Code: reusable packaging must have a label informing users of its reusability and, via a QR code, provide users with information on collection points and other relevant instructions for re-use.
     
• Re-use: Art. 29 PPWR sets out re-use targets for different types of packaging. These will affect numerous sectors and packaging materials.
   
• Takeaways: Whilst single use packaging for food and beverages filled and consumed, within the premises in the HORECA sector are not allowed There is no defined specific re-use and targets for food takeaways.  However, they must set up systems whereby consumers can bring their refillable containers from 2030.
   
• Imports: Article 7(3) PPWR requires that packaging and packaged products imported into the EU from third countries must also comply with the minimum recycled content requirements. In addition, imports may enter the market only when originating from a country that has equivalent rules concerning the prevention and reduction of emissions into air, water and land associated with recycling operations.
   
• Green claims. Article 14 PPWR limits so-called “green claims”. Such statements on packaging may only be made if they go beyond the applicable minimum requirements set out in the PPWR. Any claims need to specify whether they relate to the packaging unit, part of the packaging unit or to all packaging placed on the market. Compliance with these requirements needs to be demonstrated by a technical declaration (Annex VII PPWR).  This will tie in with the “Empowering Consumers” and  “Green Claims Directive” on generic and specific environmental claims to consumers. Please see What to do about green claims? - Mills & Reeve (mills-reeve.com)