Recyclability / design for recycling

The Packaging and Packaging Waste Regulation (PPWR) is a new packaging regulation that the European Commission aims to introduce. The proposal for the PPWR was published in November 2022 and is still being negotiated by the EU Member States. 

The PPWR will be the successor to the current European packaging directive, the Packaging and Packaging Waste Directive from 1994. Member States could transpose this directive into national legislation in their own way; the Netherlands did so in the Packaging Management Decree 2014. 

If the PPWR is adopted, it will become European law and will apply in all EU countries (considering any lead time specified in the regulation – currently 12 months). This means a level playing field for all Member States. National laws need to be adapted accordingly. 

According to the European Commission, the current European Packaging Directive has failed to address the negative environmental impacts of packaging. According to the EC, too much packaging is produced, there is too much empty space in packaging, packaging is not sufficiently recyclable, too little packaging is reused and too little recyclate is used in new packaging. There are also too many differences in the way the Packaging Directive has been implemented by the different Member States, which has led to an uneven playing field.   

Although recycling rates in the European Union have increased, the amount of waste generated is growing faster than actual recycling, according to the European Commission. The amount of waste – mainly from single-use packaging – has increased by more than 20% in the past ten years. In line with the European Green Deal, Europe wants to tackle packaging and waste management to achieve a clean, sustainable and circular economy. 

The European legislation entered into force on 12 February 2025. The obligations stipulated by the PPWR will come into effect on 12 August 2026 at the earliest. The new rules are not yet 100% fixed. At least thirty additional documents containing further detailed legal requirements will be produced by 2029, in the form of implementing or delegated acts. 

The objective of the PPWR is two-fold: 

• Firstly, the European Commission wants to reduce the environmental impact from packaging by reducing the amount of packaging put on the market, preventing packaging waste, focusing more on reuse and refilling of packaging, high-quality recycling, increased use of recycled plastics, more recyclable packaging and detailed packaging administration. 
• Secondly, the European Commission wants to ensure the efficient functioning of the internal market (EU) by harmonising legislation and thus creating a level playing field. 

The PPWR is a regulation that has yet to come into force. The SUP Directive is a guideline that came into effect in 2021. SUP measures have since been gradually implemented by the Member States. Ultimately, both pieces of legislation exist side by side and producers and importers of packaged products must comply with both. 

The PPWR applies to all packaging, the SUP Directive only applies to disposable plastic packaging. The approach of the PPWR and SUP Directive is quite similar: the goal is to prevent as much packaging waste as possible and to reuse or recycle where it is generated. However, the SUP focuses on a limited number of packaging types and requires companies to report on this very specifically. That is why certain producers and importers are required to provide a high level of detail in their declarations. 

Through the PPWR, the European Commission sets sustainability requirements to packaging. These will be the new Essential Requirements. All packaging put on the market must meet these requirements. The PPWR proposal addresses the following (in broad outlines): 

• Harmful and hazardous substances in packaging. The sum of the concentrations of lead, cadmium, mercury and hexavalent chromium in the packaging or packaging components may not exceed 100 mg/kg;
• Recyclable packaging. All packaging must be easily recyclable by 2030. How this will be measured will still be determined by the European Commission.
• Recycled content. The use of recycled materials in new products and packaging must increase. The minimum percentage of recycled content in plastic packaging will gradually increase in the coming years. 
• Compostable packaging. Two years after the introduction of the PPWR, tea bags, coffee pods and coffee cups, labels on fruits and vegetables and very light plastic carrier bags must be compostable, according to the European Commission's proposal. 
• Minimisation of packaging. The packaging must be as light as possible and not contain unnecessary space/air. 
• Reusable or refillable packaging. More reusable and refillable packaging must be used in certain product groups. Examples include large household appliances, transport, e-commerce, hot and cold drinks (take-away), beer and wine. 
• Banned. In some environments (catering, hotels and retail) the use of certain packaging is banned (see also the next question). 
• Declaration of Conformity. For all packaging, a Declaration of Conformity must be drawn up by companies putting the packaging on the market, demonstrating that the packaging meets the above requirements. The Declaration of Conformity must be kept for ten years. 

As from 2030, several packaging types will be banned for certain purposes: 

• Disposable plastic wrappers to group individual sales units. 
• Single-use plastic packaging for unprocessed fruit or vegetables under 1.5 kg, unless it can be demonstrated that, for example, product loss occurs without. 
• Single-use plastic packaging for drinks and food in so-called eat-in establishments (catering industry). 
• Single-use packaging for flavourings, preserves, sauces, coffee creamer, sugar and spices (catering industry). 
• Certain single-use packaging in hotels, such as hygiene and toiletries and cosmetics. 
• Very lightweight plastic bags (< 15 micron), unless used for hygiene reasons or as primary packaging for loose food items when this helps to reduce food waste. 

The standardised logos must be available within eighteen months of the introduction of the PPWR (mid-2026). Use thereof will then become mandatory 42 months after publication (expected mid-2028). 

As a company, you are expected to document in increasingly more detail and in a demonstrable manner why you have designed packaging as you have. You must also record which materials and components this packaging contains. Attention is paid to optimising the reusability of the packaging (refilling by the producer/importer), recyclability and the use of recycled materials. 

With the introduction of the PPWR, the number of packaging categories you must report on will most likely be significantly expanded. Distinguishing based on the main material (glass, paper and cardboard, plastic, etc.) often no longer suffices; increasingly, distinctions must be made based on material type (PET, PP, PE) or colour (transparent, colourless).  

Although the regulations for packaging administration won't be implemented immediately, it's a good idea to start recording the properties of your packaging in more detail. Important matters include which (sub)materials the various parts of the packaging are made of and whether and how much recycled (note: post-consumer) material you currently use (for plastic packaging). 

This could include a 'packaging passport' for setting up packaging administration. Data that can be incorporated therein include the main material (glass, plastic, paper and cardboard, etc.), material type (PET, PP, PE), packaging category (bottle, flask, tray, etc.) and the use of (post-consumer) recyclate. 

Post-consumer recyclate means that the waste does not originate from a production environment but has already been put on the market previously and subsequently collected as waste. 

In addition, it is wise to check to what extent all packaging is recyclable. Although the Recycle Checks are not an absolute guarantee, they do provide a good indication. As soon as the specific rules for determining the recyclability of packaging are known, the KIDV will include these in its toolkit. 

The PPWR will soon publish a set of disposal logos. The implementing act for this is currently in preparation.