The European Commission (EC) proposal for a Packaging and Packaging Waste Regulation (PPWR), released on 30 November 2022, is approaching its finalization and is expected to be adopted by the end of 2024.
Source: National Law Forum
It will come into effect 20 days after its publication in the Official Journal of the European Union (OJEU) and will be applicable 18 months following its entry into force (EIF), although extended transitional provisions will apply to certain requirements. The PPWR will supersede the existing Packaging and Packaging Waste Directive 94/62/EEC (PPWD).
The decision to transition from a Directive to a Regulation aims to achieve greater consistency in the implementation of measures across EU Member States. While Directives outline goals and obligations for Member States, they leave the methods of implementation to national authorities, resulting in significant variations regarding extended producer responsibility (EPR) and environmental labeling obligations. In contrast, Regulations are uniformly effective across all Member States, eliminating these discrepancies.
Beyond enhancing harmonization, the PPWR is designed to introduce substantial changes to the legislative framework for packaging waste in the EU by establishing ambitious targets, promoting high-quality “closed loop” recycling, and minimizing reliance on primary natural resources. This article seeks to highlight some key changes proposed in the PPWR.
As proposed, the PPWR will ban food packaging from entering the EU market if it contains per- and polyfluorinated alkyl substances (PFAS) at or above specified concentration limits. This aligns with the European Chemicals Agency (ECHA)’s comprehensive PFAS restriction proposal and will take effect from the start date of the PPWR (well ahead of ECHA’s proposed restriction). The EC will conduct an evaluation within four years of EIF to determine whether there is a need to amend or repeal the PFAS restriction under the PPWR.
The PPWR will uphold the existing heavy metal restrictions from the PPWD for lead, cadmium, mercury, and hexavalent chromium, maintaining a total concentration limit of 100 mg/kg for all four heavy metals in packaging or its components.
By 31 December 2026, the EC, with assistance from the ECHA, must compile a report on substances of concern (SoCs) in packaging and its components to assess their impact on the reuse or recycling of materials or chemical safety. This report may identify SoCs present in packaging and evaluate the potential risks they pose to human health.
The proposed PPWR mandates that all packaging must be recyclable. By 1 January 2028, the EC is required to adopt delegated acts that will set, among other things, design for recycling (DfR) criteria and recycling performance grades. By 1 January 2030 or 24 months after the EIF of the aforementioned delegated acts (whichever is later), all packaging placed on the market must adhere to the DfR criteria. Packaging with a recyclability grade below 70% will not be classified as recyclable (it must be Grade A, B, or C as detailed in Table 3 of Annex II of the PPWR).
By 1 January 2030, the EC must also implement acts that will establish the methodology for the recycled at scale assessment for each packaging category. By 1 January 2035 or five years after the EIF of the aforementioned implementing acts (whichever is later), all packaging must be recycled ‘at scale.’
Notably, extended producer responsibility (EPR) fees will be adjusted based on performance grades.
Certain exemptions pertinent to food packaging will apply. For instance, there are exceptions for contact-sensitive packaging for infant formula and follow-on formula, processed cereal-based food, baby food, and food for special medical purposes. Additionally, “innovative packaging” may be exempted for a limited duration, subject to prior notification to the relevant authority.
