New rules for packaging (PPWR)

PPWR or Packaging and Packaging Waste Regulation is a directly applicable EU regulation, which regulates the handling of packaging and packaging waste throughout their entire life cycle – from design and production, through marketing and use, to waste management. According to the PPWR regulation, affected entities must meet a number of new requirements, including:

• design for recycling including mandatory classification of packaging into recyclability classes;
• mandatory minimum content of recycled material in plastic packaging (depending on the type of packaging and format);
• binding targets for reuse and refilling for selected packaging streams;
• prevention of waste generation and its minimization;
• harmonized labeling;
• restrictions concerning certain substances of concern.

PPWR affects practically all companies, that place packaging or packaged products on the EU market, regardless of the material or sector.

Typically, it concerns:

• producers
• importers
• distributors (including online sellers)
• suppliers of packaging and packaging materials

A key role is played by the producer, who bears the main responsibility for the design and composition of packaging, including its minimization, recyclability and compliance with chemical limits.

The sanction regime of PPWR is based on distinguishing between breach of obligations and their formal, but insufficient fulfillment. In case of non-compliance with the requirements of the regulation measures restricting access of products to the market, including their withdrawal from circulation or prohibition of placing on the market, and at the same time administrative fines or other sanctions according to national legal regulations, whereby member states are obliged to establish effective, proportionate and deterrent sanctions for breach of the regulation.

If the requirements are met only to a minimal extent, without the packaging achieving the specified performance levels, a direct ban may not follow, but manufacturers may face increased financial costs, especially through higher fees in extended producer responsibility systems (EPR).