European Commission Publishes Guidance and FAQs on the EU Packaging and Packaging Waste Regulation

On March 30, the European Commission published interpretative guidance and FAQs on the EU’s Packaging and Packaging Waste Regulation. The PPWR, which entered into force in February 2025 and starts to apply beginning this August, is intended to harmonize the EU regulatory framework for packaging and packaging waste while reducing related environmental and health impacts. The PPWR establishes new requirements that cover the entire packaging life cycle, from product design to waste handling, including recyclability and reuse targets, restrictions on hazardous substances and requirements for eco-friendly design and labeling. The guidance and FAQs clarify selected aspects of PPWR compliance, as further discussed in this post.

About the Packaging and Packaging Waste Regulation

The PPWR takes the place of the Packaging and Packaging Waste Directive and is intended to be comprehensive in scope. It applies to all packaging placed on the EU market, whether empty or filled, regardless of the material used, and whether produced within the EU or imported from third countries. It also covers all packaging waste generated within the EU. Packaging is defined broadly to include any item intended for containment, protection, handling, delivery or presentation of products. A large number of US-based multinationals will directly or indirectly need to comply with the PPWR.

Some of the main provisions of the PPWR are:

• Waste prevention targets: 5% by 2030, 10% by 2035 and 15% by 2040 (compared to 2018 levels) (Article 43).
• Recyclability: all packaging must be recyclable in an economically viable way by 2030 (Article 6).
• Re-use targets: for transport, e-commerce and beverage packaging (Article 29).
• Restrictions: there will be a ban on certain single-use formats from January 1, 2030 (Article 25 and Annex V) and PFAS in food contact packaging from August 12, 2026 (Article 5(5)).
• Empty space threshold: a maximum of 50% for grouped, transport and e-commerce packaging (Article 24).
• Mandatory deposit-return systems: for beverage cans and plastic bottles (Article 50).
• Labeling: harmonized sorting labels for all packaging (Article 12(1)).
• Extended producer responsibility: strengthened obligations for producers (Articles 44–47).

The PPWR will be further fleshed out over the next two to three years through additional implementing and delegated acts, standardization requests and guidelines. This includes implementing and delegated acts relating to harmonized registration and reporting formats for extended producer responsibility, labeling for waste sorting by consumers, recycled content in plastic packaging and recyclability criteria. More specifically, the Commission has indicated it:

• Is preparing an implementing act on packaging labeling for waste sorting, as well as other labels, including those for reusable packaging and for packaging containing recycled or bio-based content.
• Is working on a package of measures on recycled content in plastic packaging that will include the methodology for calculating and verifying recycled content, sustainability criteria for recycling processes and rules for the application of equivalence clauses.
• Will request the development of standards for home and industrial composting of packaging.

A delegated act exempting economic operators using pallet wrappings and straps from the 100% re-use targets for transport packaging was adopted in February.

The Guidance

The guidance seeks to facilitate uniform application of the PPWR across the European Union by clarifying definitions, responsibilities and compliance requirements. 

The guidance addresses the topics below, among others. Given the technical nature of the PPWR and the guidance, this post only describes the guidance at a high level, to provide companies with a roadmap of guidance topics relevant to their PPWR compliance. The numbering below indicates where the topics are addressed in the guidance. The guidance is available here.

• The guidance contains Commission interpretations of the definitions of “packaging,” “manufacturer,” “producer,” “importer” and, in the context of compostable packaging, “permeable” and “soft after-use.” (Nos. 1-4 and 9) 

  Among other things, the guidance discusses:

  • How to assess whether particular example items are packaging (No. 1);
  • The manufacturer of sales, grouped, transport, service, primary production and reusable packaging and criteria for determining the manufacturer (No. 2);
  • How to identify the producer of packaging, including transport and sales packaging, and the different roles of manufacturers and producers (No. 3); and
  • Whether branches are importers (No. 4).

• Enforcement of PFAS restrictions in food contact packaging and use of existing stocks. (No. 5)

  The guidance discusses the stepped approach recommended by the Commission for PFAS testing in food contact packaging, in light of the absence of a harmonized EU testing methodology.

  The guidance also discusses the application of this aspect of the PPWR to stocks produced before August 12, 2026 and placed on the market after that date, and of products placed on the market before that date.

• Recycled packaging. (Nos. 6 and 7)
  • Application date of the recyclable packaging content requirement. (No. 6)
  • Exemptions from recycled content targets, including related technical documentation requirements. (No. 7)
• Packaging minimization requirements. (Nos. 10 and 11)
  • The guidance discusses the timing and process for the development of new packaging minimization requirements. New requirements will take effect in 2030. Industry will be given the opportunity to participate in the development process. (No. 10)
  • The guidance also addresses the relationship between the PPWR’s packaging minimization requirements and empty space ratio. The guidance indicates that the Commission will establish the methodology for calculating the empty space ratio before February 12, 2028. (No. 11)
• Reusable packaging. (Nos. 12, 18-24)
  • Application date of the PPWR to reusable packaging. (No. 12)
  • Re-use targets for sales packaging used to transport products. This guidance item includes illustrative examples for assessing whether packaging is reusable. (No. 18)
  • Applicability of re-use targets to transport packaging used in international trade. (No. 19)
  • Economic operator responsibility for meeting re-use targets generally and for beverages specifically. (Nos. 20, 22 and 23)
  • Exemptions from re-use targets for custom-designed transport packaging. (No. 21)
  • National exemptions from re-use targets. (No. 24)
• Labeling. (Nos. 13 and 14)
  • The scope and timing of harmonized packaging labeling. (No. 13)
  • Labeling of existing reusable transport packaging. (No. 14)
• Packaging bans. (Nos. 16 and 17)
  • The relationship between the EU’s Single-Use Plastics Directive and the PPWR in respect of packaging bans. (No. 16)
  • Scope of the plastic packaging bans in the PPWR. (No. 17)
• National legislation. (Nos. 25-27)

The guidance discusses the ability of EU member states to adopt additional requirements, including setting additional recycling targets and additional or higher re-use targets.

The FAQs

The FAQs clarify some issues and answer questions that have been received by the European Commission’s Directorate-General for Environment since the adoption of the PPWR. The FAQs complement the Commission’s guidance. The FAQs are available here.

The Commission has indicated that the FAQs will be updated on an as-needed basis.

The FAQS are organized into 18 sections, with 131 questions in total:

• Definitions (8 questions);
• Substances of concern (18 questions);
• Recyclability (9 questions);
• Recycled content in plastic packaging (11 questions);
• Compostability (3 questions);
• Packaging minimization (7 questions);
• Labeling (4 questions);
• Environmental claims (3 questions);
• Obligations of manufacturers (4 questions);
• Empty space (4 questions);
• Bans and the use of certain packaging (9 questions);
• Reuse and refill (15 questions);
• Plastic carrier bags (3 questions);
• Assessment of the conformity of packaging (14 questions);
• Waste prevention (5 questions);
• Extended producer responsibility (5 questions);
• Return and collection systems (4 questions); and
• Deposit and return systems (5 questions). 

About our Practice

Ropes & Gray has a leading ESG, CSR and business and human rights compliance practice. We offer clients a comprehensive approach in these subject areas through a global team with members in the United States, Europe and Asia. Senior members of the practice have advised on these matters for more than 30 years, enabling us to provide a long-term perspective and depth and breadth of experience that few firms can match. 

Subscribe to Ropes & Gray ESG, CSR and Business and Human Rights compliance thought leadership here.