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Draft EU Packaging and Packaging Waste Regulation (PPWR) has been published
22 Nov 2022EU PACKAGING AND PACKAGING WASTE REGULATION (PPWR) DRAFT HAS BEEN PUBLISHED
On 30 November, the European Commission published its proposal for the Packaging and Packaging Waste Regulation (PPWR) for the revision of the Packaging and Packaging Waste Directive (PPWD). Relevant documents can be found here: proposal, annexes, regulatory review board opinion, executive summary of the impact assessment and impact assessment report.
A detailed note about PPWR was shared with EXPRA:
Note on Packaging and Packaging Waste Regulation
November 30, 2022
In short:
The revision of the Packaging and Packaging Waste Directive, published on 30 November, has been introduced with the aim of achieving the European Commission's Circular Economy targets for packaging and making all packaging placed on the EU market reusable or recyclable by 2030. In this context, the proposed regulation introduces a recycled content target for plastic packaging, reuse targets for different packaging formats and sectors, the mandatory introduction of Deposit-Return Schemes for Member States, as well as recyclability definitions and requirements for packaging. It should be noted that the Directive became a Regulation on the internal market legal basis (Article 114 TFEU).
A. Priority Issues
ECO-MODULATION – Article 6(4), Article 6(11) and Article 7(6)
The Commission has the power to adopt delegated legislation by 1 January 2030 on the eco-modulation of packaging recycling performance grade (A-E) and Extended Producer Responsibility (GSR) charges related to the percentage of recycled content, applicable only to plastic packaging.
REUSE – Articles 10 and 26
Article 10 sets out the conditions for packaging to be considered reusable:
- Designed to perform as many trips or rotations as possible under normal foreseeable conditions of use;
- Can be emptied without damaging the packaging, allowing it to be reused;
- Can be emptied or refilled without risk to the health and safety of those responsible;
- It meets the requirements specific to recyclable packaging when it becomes waste, as specified in Article 6.
Article 26 sets out reuse and refill targets to be achieved by Member States by 2030 and 2040 for primary and secondary packaging, including takeaway food and beverages as well as certain packaged beverages.
Primary packaging targets for 2030:
- Hot and cold takeaway beverages: 20% reusable or refillable packaging;
- Ready-to-go food: 10% reusable or refillable packaging;
- Beer, carbonated spirits, aromatized wine products and other fermented beverages: 10% reusable or refillable packaging;
- Wine: 5% reusable or refillable packaging;
- Water and soft drinks: 10% reusable or refillable packaging.
Primary packaging targets for 2040:
- Hot and cold takeaway drinks: 80% reusable or refillable packaging;
- Ready-to-go food: 40% reusable or refillable packaging;
- Beer and other fermented beverages: 25% reusable or refillable packaging;
- Wine: 15% reusable or refillable packaging;
- Water and soft drinks: 25% reusable or refillable packaging.
LABELING – Articles 11 and 12
Article 11 contains provisions regarding mandatory labeling of packaging:
- Mandatory sorting and packaging composition labeling: Implemented 3.5 years after the law comes into force. Applies to e-commerce packaging, excluding shipping packaging. Packaging subject to deposit and return systems will be marked with a compatible label.
- Mandatory Reusability label: 4 years after the law comes into force, packaging will be labeled with a QR code or digital data carrier providing information on the reusability of the packaging and system suitability. Sales packaging should be clearly identified and distinguished from disposable packaging.
The Commission will develop methodologies to identify the material composition of packaging referred to in paragraph 1 through digital marking technologies. Article 12 requires labeling of each material to be collected separately by 1 January 2028.
REGISTRATION OF PRODUCERS – Article 39
The article establishes a registry that will serve to monitor packaging manufacturers' compliance with the GÜS. Registration obligations and changes may be undertaken by a designated representative for GÜS. Liabilities:
- Annual reporting to the competent authority of the information specified in Part B of Annex IX;
- Notification of changes to the information and discontinuation of the use of the packaging in the market.
Member States will make registry information available for free access to online platform providers. The recording and reporting format will be determined by the Commission implementing law.
EXPANDED PRODUCER LIABILITY – Articles 40, 41 and 42
Article 40 establishes the scope of extended producer liability for packaging that packaging manufacturers place on the market for the first time. The manufacturer carries out its responsibilities through the representative appointed in the different Member States. Online platform providers will provide manufacturers with certificates of compliance with GÜS requirements.
Article 41 allows Producer Responsibility Organizations (PROs) to fulfill PPP obligations on behalf of the producer. PROs protect the confidentiality of data and publish recovered/recovered packaging information on the website.
Article 42 specifies the provision of financial guarantee in case the producer/PRO fails to fulfill its GÜS obligations.
RETURN AND COLLECTION SYSTEMS – Article 43
Member States must establish systems that ensure the return and separate collection of packaging waste at the source. Systems:
- It should cover all Member State territory and all packaging waste;
- It should be open to the participation of relevant economic operators, public authorities and third parties;
- It should provide non-discriminatory access to imported products.
Member States should promote recycling that meets quality standards for the use of recycled materials.
DEPOSIT REFUND – Article 44
The clause introduces a Deposit-Return System (DRS) for single-use plastic beverage bottles and disposable metal beverage containers up to 3L. Exemptions exist for some packaging formats and Member States. DRS minimum criteria must be met by January 1, 2028.
B. Other topics
DEFINITIONS – Article 3
Packaging: packaging tools used for the preservation, protection, transportation, delivery or presentation of products and differentiated according to material, function and design.
Producer Liability Organization: legal entity that financially, financially and operationally organizes the fulfillment of PPP obligations on behalf of various producers.
RECYCLABILITY – Article 6
Packaging must comply with DfR criteria by 2030 and “Effective Recycling” criteria by 2035. Recyclability grades (A-E) have been introduced. By 2030, Class E packaging will no longer be considered recyclable.
RECYCLED CONTENT FOR PLASTIC PACKAGING – Article 7
Minimum recycled content targets in plastic packaging have been set for 2030 and 2040. 2030 targets: PET packaging 30%, other plastics 10-35%. 2040 targets: single-use plastic beverage bottles 65%, other plastics 50%.
WASTE PREVENTION – Article 38
Member States will reduce packaging waste per capita by 5% by 2030, 10% by 2035 and 15% by 2040.
RECYCLING TARGETS – Article 46
2025 recycling targets: 65% of all packaging waste; plastic 50%; wood 25%; iron 70%; aluminum 50%; glass 70%; paper/cardboard 75%. 2030 targets: 70% of all packaging waste; plastic 55%; wood 30%; iron 80%; aluminum 60%; glass 75%; paper/cardboard 85%.
Next Steps
The European Parliament and the Council must prepare their bid positions before starting negotiations in the 2nd quarter of 2023. Delays can be expected due to internal discussions between ENVI and IMCO committees.
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