On 16 December 2024, the Council adopted the final legal text for a harmonized EU regulation on packaging and packaging waste. The regulation will then enter into force at the beginning of 2025 after publication in the Official Journal of the EU and the subsequent 20 days have passed.

The adopted legal text has not been published as of the date of the news. However, many requirements will only apply after delegated or implementing acts enter into force, e.g. in early 2028 on Design for Recycling criteria , or in summer 2028 on harmonised packaging labelling requirements on the composition of the packaging.

Overall Objectives

The rules aim to take into account the entire life cycle of packaging. They set out requirements to ensure that packaging is safe and sustainable , by requiring that all packaging is recyclable and that the presence of substances of suspected harmfulness [e.g. PFAS] is minimized. They also set out requirements for the harmonisation of labelling to improve consumer information. In line with the waste hierarchy, the proposal aims to significantly reduce the generation of packaging waste by setting binding targets for reuse, restricting certain types of single-use packaging, and requiring economic operators to minimise the packaging used. The final part is to be implemented on 1 January 2030.

Notes:

• Article 25, Annex V: one type of single-use packaging that will be prohibited is single-use packaging for [cosmetic products for] use in hotel and accommodation activities intended for an individual booking (according to the Annex, e.g. bottles for shampoo, hand cream, skin lotion and sachets [?] around bar soaps). Note that the restriction in the agreement does not mention packaging volumes or any other size indication.

• Article 28, Annex VI: on requirements for reuse and refill stations: the annex sets out definitions, requirements for reuse and last but not least requirements for refilling/refilling (Part C). Notable parameters on refilling: hygiene standard of the container, type of container, contact details of final distributors, there must be a mechanism to ensure that the final consumer pays for the quantity of product (excluding container) delivered.

• The recycling targets are set for 2030 and 2040 respectively . However, compostable plastic packaging and packaging containing less than 5% [weight] of plastic shall be exempted from the targets. The Commission is required to assess the technical development of bio-based plastic packaging within three years of entry into force and, based on that assessment, to develop sustainability requirements for bio-based content in plastic packaging.

• The Commission shall be required to develop criteria for Design for Recycling by January 1, 2028.

• The calculation method for the minimum percentage of PRC (post-recycled content) shall be per packaging type and format, as an average per manufacturing facility and year. Furthermore, a packaging component (part of plastic packaging) that is less than 5% of the total weight of the packaging shall not be taken into account when calculating the PRC.

• The issues of additional national recycling targets and labeling requirements have not yet been agreed upon.

• Functionality of the packaging : the packaging design must ensure its functionality taking into account the purpose of the product and also the specific features that depend on the occasion of sale: e.g. sales for gift purposes or in connection with seasonal events. The EP proposal: Design elements required to indicate distinctive product identity, intellectual property rights or geographical indications under Union law shall be respected, has been deleted from the text of the common agreement.

• Conditions (packaging size, or if the consumer belongs to a sensitive group, e.g. with impaired vision) for when digital labelling can be used are maintained in the agreement. The information must then be accessible via digitally readable code etc., and the language of such information must be determined by the relevant Member State.

European Commission DG Environment's Q&A webinar 16 December

DG ENV held an online event on 16 December to, among other things, answer questions about details of the regulation text. Below you will find notices from Cosmetics Europe, i.e. with a cosmetics focus and the presentation of the webinar is here.

On recycled content (Article 7)

• The baseline is that minimum PCR must be introduced per packaging component (but there are derogations relating to the 5% weight thresholds, labels, varnishes, adhesives, etc.). If cap and bottle are made of PP and PET respectively, then they have different minimum thresholds to respect. More details on this aspect will come in the implementing act.
• The calculation methodology for minimum PCR will be defined in the secondary legislation [implementing or delegated act], but the general concept is that the manufacturer has to prove that the total volume of its production includes a share of volume of PCR content according to the minimum thresholds envisaged in article 7.
• The "manufacturing site" is the site where the final packaging format is produced .
• Environmental claims related to minimum PCR content can refer to the amount of packaging produced, the packaging unit, or part of the packaging unit.
• COM believes that under PPWR rules there will be sufficient recyclates available for food contact material (FCM) when it comes to PET and polyolefins, based on their calculation around material flows made in the impact assessment of the PPWR proposal. For other materials, the COM has the power to postpone or even exempt the target for specific plastic packaging if it believes the minimum PCR thresholds cannot be met. Such delegated acts can also be triggered by alerts raised by stakeholders.

On packaging minimization & excessive packaging (Article 10 and 24)

• Derogations on trademarks in Article 10(2) [derogations concern design rights and protected trademarks for products placed on the market] will also apply as of 1 January 2030 .
• Until 1 January 2030, the current standard on minimization applies. It will then be repealed and replaced by the new one. Industry will participate in the development of the standard.
• The shape of packaging can be maintained as long as minimization takes place. Certain shapes might not allow replacing of materials or minimizing the packaging: in this case, we must still consider that weight and material amount must be minimized and the shape might thus be affected.
• For double walls or false bottoms that are demonstrated to be necessary for a packaging functionality, it could be that in the end they will be allowed (possibly after testing, depending on what the standard will entail).
• COM will probably let CEN define what "packaging functionality" means. An example could be ease of handling and transportation.
• The same methodology that could be developed for most common packaging types and formats might be replicated for other packaging, but CEN will decide.
• CEN will define which are the "most common packaging types and formats". There could be a supporting study on that, if needed.
• How will performance criteria be evaluated? This is subject to ensuring packaging functionality (which must be explained in operational terms in the standardisation).
• In terms of empty space ratio, irregular shapes like sprays will be kept into consideration into the future implementing act, to meet the specific functions of certain packaging.
• "Minimum necessary" empty space ratio necessary to ensure packaging functionality (Article 24(4)) should be read in conjunction with packaging minimization provisions in Article 10 (compliance with it).
• A supporting study will be done, also covering the aspect of how to account for the empty space ratio in square packaging containing round products.

On labelling (Article 12)

• There could be an option that language will not be used on the packaging but only on receptacles, voluntariness of colors , this is still open for decision.
• National labels will have to adapt because these are harmonized labels. National systems will have to be repealed and EU systems will apply directly without the need for national legislation (expect DRS).
• Article 4(3) is meant to restrict national rules so that they do not go against the PPWR and create barriers to the internal market. Sorting instructions from the national side are not required anymore, Article 12 PPWR will prevail. But national rules will not be void by default, MS will have to screen and repeal them .
• For DRS there will be a national label but COM will develop a colored label that MS can allow to be used next to their national label.
• Will there be a mutual recognition of labels in the EU and UK? No, there will be a case by case analysis of labels to ensure that they do not confuse or mislead consumers.
• Labels, marks, symbols will be considered misleading when they mislead consumers on sustainability properties of packaging and other characteristics of the packaging or waste management options. COM can adopt guidelines in this regard (not a key priority for now).
• For multi-material packaging, several options are still on the table :
  • Use text indicating material of respective packaging components
  • Place the material label on each component
  • Place all material information on a label without connection to each component.
• PPWR relationship with DPP [Digital product passport]: if a product is covered by ESPR and is required to carry DPP, the DPP shall be used to provide relevant information coming from the PPWR (single data carrier).
• Information on material composition shall be presented physically except when exemptions of article 12(5) will apply . The IA will provide some guidance to clarify that aspect.
• There is no particular exemption for B2B packaging.
• Reusable packaging shall not be distinguishable, it is rather that in-shop display can distinguish between the two.
• Recycled content claims can be made about the unit of packaging, however a methodology needs to be developed through IA , since the obligation is per manufacturing plant and per (fiscal) year.

On packaging restrictions (Article 25 + Annex V)

• The restriction only applies to single use cosmetics packaging used in an individual booking and without anyone asking for it.
• Guidelines will be created through a widespread co-creation exercise to clarify the restrictions.
• Miniature cosmetics cannot be asked on demand nor for purchase on hotel premises (eg, at the reception).

On reuse targets (Article 29)

• A study will be developed before the delegated act to support exemption of single use pellet wrappings and straps. COM will also observe in reality the implementation of all reuse targets and launch similar studies if more exemptions to the reuse obligations can be justified.

DG ENV next steps

• DG ENV assumes the publication of the OJEU will be in the second half of January.
• DG ENV will elaborate a FAQs which will be published on the COM page.
• DG ENV will publish the members of the expanded group "hopefully" in January and then organize an inauguration meeting.
• On the Circular Economy Act and the simplification agenda, DG ENV cannot yet predict what the impact on PPWR may be.

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