New EU packaging and packaging waste rules: 10 key things every global business should know

For companies, the regulation is not just about recyclability — it touches every stage of the packaging lifecycle, from design and material selection to labelling, reuse systems and extended producer responsibility.  With phased deadlines stretching into the 2030s and beyond, businesses need to act now to understand what is coming and to prepare for compliance.

This article highlights ten key aspects of the PPWR that both EU and non-EU businesses should know, including new recycled content targets, recyclability requirements, bans on certain single-use plastics, restrictions on substances and strict labelling rules.

1. IN-SCOPE PACKAGING AND PACKAGING WASTE

The PPWR applies to all packaging placed on the EU market, even if produced, supplied or sold from outside the EU, and packaging waste produced in the EU.  The regime imposes obligations on manufacturers (including both the manufacturers of packaging and packaged products), suppliers, importers, distributors (intermediate and final), authorised representatives and fulfilment service providers

In broad terms, any empty or filled packaging made available within the EU — including via online sales and cross-border delivery — falls within the scope of the PPWR. 

'Packaging' is defined as any item, irrespective of the materials from which it is made, that is intended to be used for the containment, protection, handling, delivery or presentation of products and that can be differentiated by packaging format based on its function, material and design.  It includes, amongst other things, packaging components.  However, 'packaging' does not include, again amongst other things, items which are an integral part of a product and which are necessary to contain, support or preserve that product throughout its lifetime and where all elements of that item are intended to be used, consumed or disposed of together. 

2. NEW RECYCLED CONTENT TARGETS

The PPWR requires that, from 1 January 2030 2030 (or, if later, 36 months from the adoption of the relevant implementing act), packaging must be 'recyclable in an economically viable way' and, subject to a number of exemptions, meet minimum recycled content thresholds for plastics, specifically:

• 30% for contact-sensitive packaging made from polyethylene terephthalate (PET) as the major component, except single-use plastic beverage bottles;
• 10% for contact-sensitive packaging made from plastic materials other than PET, except single-use plastic beverage bottles;
• 30% for single-use plastic beverage bottles;
• 35% for plastic packaging other than those referred above.

From 1 January 2040, the percentages increase to 50%, 25%, 65% and 65% respectively. 

The exemptions include packaging that directly holds medicines, the outer packaging of medicines (where required for quality reasons) contact-sensitive plastic packaging of medical devices and vitro diagnostic medical devices, compostable plastic packaging, packaging used for the transport of dangerous goods, plastic packaging that is intended to come into contact with food where the quantity of recycled content poses a threat to human health and any plastic part representing less than 5 % of the total weight of the whole packaging unit.

3. NEW RECYCLABILITY TARGETS

All packaging, subject to a number of exemptions, will have to be designed for recyclability and meet defined recyclability performance criteria.  Implementing acts are required to be adopted by 1 January 2028. 

From 1 January 2030 (or, if later, 24 months from the adoption of the relevant implementing act), packaging must be recyclable or reusable 'in an economically feasible way' and any packaging with a recyclability rate below 70% (i.e. 'Grade C' recyclable packaging under the terms of Annex II of the PPWR) will no longer be considered to be recyclable and will not be able to be placed on the market.

From 1 January 2035 (or, if later, 60 months from the adoption of the relevant implementing act), all packaging must be 'recyclable at scale'.

The exemptions include packaging that directly holds medicines, contact sensitive packaging for medical devices and in vitro medical devices, outer packaging for medicines, packaging used for the transport of dangerous goods, contact-sensitive packaging for certain foods (including infant formula) and sales packaging made from lightweight wood, cork, textile, rubber, ceramic, porcelain or wax.

So-called 'innovative packaging' (as defined in the PPWR) may, following a notification to a competent EU Member State authority, be exempt from the 1 January 2030 recyclability target for up to 5 years. 

4. NEW PACKAGING REUSABILITY AND RE-FILL REQUIREMENTS

The PPWR sets binding reuse targets for various types of packaging.  For example, from 1 January 2030, at least 40% of transport packaging must be reusable within a reuse system.  This target rises to 70% by 2040.  However, from 1 January 2030, 100% of intra-EU Member State transport packaging used for transport between companies must be reusable within a reuse system. 

For grouped packaging used to group products (excluding cardboard boxes and sales packaging used to create stock-keeping or distribution units), the reuse threshold is 10% by 2030 and increases to 25% by 2040.

Specific beverage packaging must also meet reuse targets, with at least 10% reusable packaging by 2030 and a goal of 40% reusable packaging by 2040 for alcoholic and non-alcoholic drinks, excluding some categories like milk and wine.

Reusable packaging must be designed to withstand multiple uses without damage that would prevent its function and reuse.

The PPWR also requires EU Member States to, by 1 January 2029, ensure that deposit return schemes are established for:

• single-use plastic beverage bottles with a capacity of up to 3 litres; and
• single-use metal containers with a capacity of up to 3 litres. 

Glass bottles are not included (although this would not preclude EU Member States including them on a voluntary basis).  Deposit return schemes will be required to meet performance requirements, including at least 90% separate collection rate for beverage containers by 2029.

5. MINIMISATION OF EMPTY SPACE AND DESIGN REQUIREMENTS

The PPWR imposes new requirements to minimise empty space in packaging.  From 12 February 2028, companies which fill sales packaging have to ensure that empty space is reduced to the minimum necessary for ensuring the packaging functionality, including product protection. The 'empty space ratio' in this context means the difference between the total internal volume of the sales packaging and the volume of the packaged product. 

From 1 January 2030 (or, if later, 36 months from the adoption of the relevant implementing acts), companies which fill grouped packaging, transport packaging and e-commerce packaging must ensure that that the maximum 'empty space ratio', expressed as a percentage, is 50%.  Implementing acts are required to be adopted by 12 February 2028 to establish the methodology for calculating this empty space ratio.  However, the PPWR itself provides that:

• 'empty space' is the difference between the total volume of grouped packaging, transport packaging or e-commerce packaging and the volume of sales packaging which it contains; and
• the 'empty space ratio' will be the ratio of the empty space and the total volume of the grouped packaging, transport packaging or e-commerce packaging.

Space taken up by filling materials, such as paper cuttings, air cushions, bubble wraps, sponge fillers, foam fillers, wood wool, polystyrene or Styrofoam chips, will be considered to be empty space.

6. NEW LABELLING REQUIREMENTS

From 12 August 2028 (or, if later, 24 months from the adoption of relevant implementing acts), packaging placed on the EU market will be required to bear a harmonized label that clearly indicates the material composition and which provides instructions for correct sorting and recycling.  The PPWR also allows for voluntary digital labelling, such as QR codes code (or another open data carrier format), to supplement physical labels.

From 12 February 2029 (or, if later, 30 months from the adoption of relevant implementing acts), packaging intended for reuse must bear a harmonized reusability label to inform consumers and operators about its reuse potential and proper handling. These labels must clearly indicate that the packaging is reusable.  Additional information on reusability, including the availability of any re-use system or collection points, has to be made available via a QR code (or other open data carrier format).  This should also facilitate the tracking of packaging and the calculation of trips and rotations. 

Packaging labels will have to reflect the reusability and recycled content of packaging when those obligations become effective.

Reusable sales packaging is also to be clearly identified and distinguished from single-use packaging at the point of sale.  Compostable packaging must indicate that the material is compostable, not suitable for home-composting and is not discardable in nature. 

Packaging which is subject to an EU Member State deposit return scheme (other than a deposit scheme for the types of beverage bottles specified in the PPWR) will be permitted to be labelled with the relevant national symbol, provided that this will not mislead consumers or other end users in relation to the packaging's recyclability and reusability in that EU Member State.  For deposit and return schemes applicable to beverage bottles, in-scope packaging is to be marked with 'a clear and unambiguous label'. 

The PPWR also contains a general anti-greenwashing measure in relation to packaging labelling: it prohibits the use of labels, marks, symbols or inscriptions that are likely to mislead or confuse consumers or other end users with respect to the sustainability requirements for packaging, other packaging characteristics or packaging waste management options for which harmonised labelling is provided for the in the PPWR itself. 

Finally, certain labelling requirements are subject to a 3-year grandfathering exemption for packaging manufactured or imported prior to the deadlines established by the PPWR. 

7. SUBSTANCE RESTRICTIONS INCLUDING PFAS IN FOOD PACKAGING

The PPWR introduces enhanced restrictions on hazardous substances, including polyfluoroalkyl substances (PFAS), in packaged goods supplied to the EU market.

Packaging will have to be manufactured in such a way that the presence and concentration of substances of concern (these defined by reference to the Ecodesign regime) as constituents, but also in relation emissions and their presence following the application of waste management processes, is minimized.

Packaging containing substances of concern has to be marked used standardized, open, digital-marking technologies.

From 12 August 2026, food-contact packaging cannot contain PFAS (using the PPWR's definition of PFAS) above the following thresholds:

• 25 parts per billion (ppb) for any single PFAS;
• 250 ppb for the sum of PFAS; and
• 50 ppm for PFAS (including polymeric PFAS).

The combined concentration of lead (Pb), cadmium (Cd), mercury (Hg), and hexavalent chromium (Cr VI) in packaging is not to exceed 100 mg/kg (these limits already apply under the PPWD).

By 31 December 2026, the European Commission, assisted by the European Chemicals Agency (ECHA), is required to assess the presence of substances of concern in packaging and packaging components, including to determine the extent to which they negatively affect the re-use and recycling of materials.  This process may inform future restrictions under PPWR and EU REACH. On 17 September 2025, in furtherance of this study requirement, ECHA launched a Call for Evidence on substances in packaging and packaging waste.  The deadline to provide input is 28 October 2025. 

8. BANS ON CERTAIN SINGLE USE PLASTICS

Under the PPWR, certain single-use plastics will (subject to number of exemptions) be banned from 1 January 2030:

• grouped packaging (such as packaging used at the point of sale to group goods sold in bottles, cans, tins, etc.);
• packaging for unprocessed fresh fruit and vegetables under 1.5kg;
• packaging (such as trays, disposable plates and cups, bags, boxes) for food and beverages consumed on-site in hotels, restaurants and other catering establishments;
• packaging for condiments, preserves, sauces, coffee creamer, sugar and seasoning (such as sachets, tubs, trays and boxes);
• packaging for cosmetics, hygiene and toiletry products for the use in the accommodation sector (such as shampoo bottles); and
• very lightweight plastic carrier bags.

9. MANDATORY EXTENDED PRODUCER RESPONSIBILITY SCHEMES

The PPWR obliges EU Member States to establish and operate (to the extent they have not already done so) Extended Producer Responsibility (EPR) schemes for packaging.  Packaging producers will be required to assume both financial and operational responsibility for the entire lifecycle of packaging they place on the market, from design through to end-of-life waste management.

Producers must register with these national schemes, report packaging volumes and types and pay financial contributions that cover not only traditional waste collection and recycling costs but also new obligations such as labelling waste receptacles and conducting compositional surveys of mixed municipal waste.  The regulation permits producers to fulfil their EPR obligations either individually or collectively through Producer Responsibility Organisations (PROs), though Member States may mandate collective compliance.

Member States are required to establish national registers of producers to monitor compliance with EPR requirements.  These registers must be operational within 18 months following the adoption of implementing acts (with these being required by 12 February 2026).

10. TECHNICAL DOCUMENTATION AND CONFORMITY

The PPWR requires manufacturers and importers to keep technical documentation demonstrating packaging compliance with design, recyclability and substance restrictions. This documentation, along with an EU Declaration of Conformity, must be available for authorities and retained for at least 5 years (for single-use packaging) or 10 years (for reusable packaging). 

Importers must verify conformity procedures and ensure documentation and labelling are in place before placing packaging on the market.

A failure to comply with the PPWR will not only risk access to the EU market, but it could also result in significant financial penalties and other sanctions, reputational damage and operational disruption across supply chains.  Affected businesses should act now to map their compliance gaps.  As with all new EU environmental regimes, early preparation is critical to ensure uninterrupted market access.

What if I require assistance?

If you have any questions in relation to the contents of this article, please contact Aonghus Heatley. Aonghus is a senior UK and EU-qualified environmental and products lawyer in Fieldfisher's London office. 

The contents of this article do not constitute legal advice and are provided for general information purposes only.