Packaging regulation set to transform EU market access for businesses this August

The EU's Packaging and Packaging Waste Regulation (PPWR) comes into force on 12 August, introducing wide-ranging compliance obligations for all entities placing or distributing packaging in the EU, including manufacturers, importers and distributors. 

The PPWR covers "all packaging, regardless of the material used, and all packaging waste" from retail and e-commerce to transport and logistics. The regulation affects all businesses that place or distribute packaging or packaged goods on the EU market in any capacity, including those outside the Union. Any non-EU business placing or distributing packaged goods on the EU market falls within its scope.

A first wave of requirements taking effect in August will include conformity assessment procedures, declarations of conformity, packaging identification, manufacturer marking, per- and polyfluoroalkyl substances (PFAS) restrictions and reusable packaging requirements; however, significant implementing legislation and guidance is still awaited. 

Declaration of conformity

From 12 August, manufacturers will be required to carry out a conformity assessment and draw up an EU declaration of conformity (DoC) for each type of packaging they place on the EU market. The DoC is a formal written statement confirming that the packaging meets the applicable PPWR requirements and follows the model structure set out in its annex VIII. Supporting technical documentation, which cover design specifications, test results and assessments, must be drawn up and retained for five years for single-use packaging and 10 years for reusable packaging.

Importers are caught too. Before placing packaging on the EU market, they must verify that their manufacturer has completed the conformity assessment and keep their own copy of the DoC. This is a significant new administrative burden, particularly for businesses with large or varied packaging portfolios. Early mapping of the documentation processes will put businesses in a stronger position ahead of the August deadline.

PFAS and hazardous substances

A ban comes into force on 12 August on food-contact packaging that contains PFAS at or above specific thresholds: 25 parts per billion for any individual non‑polymeric PFAS, 250 parts per billion for the sum of non‑polymeric PFAS, or 50 parts per million for the total of PFAS including polymeric PFAS. Businesses will be looking to obtain PFAS testing information from suppliers: if PFAS is detected above the threshold during testing, they will need to explore alternative materials.

The August prohibition covers food contact packaging only. The European Chemicals Agency (ECHA) has separately proposed a ban on more than 10,000 PFAS for all consumer goods. The proposal is currently under review by the ECHA's Committee for Risk Assessment and its Committee for Socio-economic Analysis, which are expected to deliver their opinions to the European Commission by the end of 2026.

Additionally, all packaging must also comply with the heavy metals limit. Packaging components must not exceed a combined total concentration of 100 mg/kg for the sum of lead, cadmium, mercury and hexavalent chromium. Compliance must be demonstrated in the technical documentation drawn up in accordance with annex VII of the regulation.

Green claims

Environmental claims concerning packaging properties under the PPWR may only be made where those properties exceed the applicable minimum requirements set out in the regulation. Labelling claims will also be subject to the EU's broader anti-greenwashing framework that comes into force this September. This prohibits generic environmental claims such as "eco-friendly" or "green" unless backed by recognised excellent environmental performance. Any sustainability labels on packaging must be based on a certification scheme or established by public authorities.

Extended producer responsibility

The PPWR expands seeks to harmonise the existing extended producer responsibility (EPR) regime in the EU. It requires producers to register from 12 August  in national registers before placing packaging on each EU member state market. The definition of "producer" covers manufacturers, importers, and distributors, requiring careful supply chain analysis to determine which entity bears producer obligations. The EPR fees and enforcement risk in each member state will continue to vary, however. An understanding of the differences across the EU member states will be important once the new obligations take effect.

If a producer is not established in the member state where it places packaging on the market, an authorised representative for EPR purposes is required in that member state. This applies to both EU-established producers selling cross-border and to non-EU producers. However, the Commission has proposed suspending the obligation for EU-established producers until 1 January 2035 with non-EU producers explicitly excluded from the proposed suspension. 

Labelling requirements

The regulation introduces harmonised labelling and marking requirements for material composition to facilitate consumer sorting, waste receptacle labelling to improve collection and recycling rates, and marking on packaging reusability and potentially recycled content and bio-based plastic content. These labelling and marking requirements, along with the methodology for identifying the material composition of packaging, will be set by implementing acts adopted by the Commission by 12 August.

Packaging must bear harmonised labels on material composition and separate collection by 12 August 2028, and reusable packaging must be labelled by 11 February 2029, assuming there are no delays in publishing the relevant implementing acts. The PPWR also sets out requirements on how labelling information must be presented on the packaging or via a digital data carrier (QR code), or in an accompanying document.

Reuse and refill

By 12 August 2027, businesses in the hospitality sector offering take-away hot or cold beverages or ready-prepared food must provide systems for consumers to bring their own containers and inform consumers at the point of sale about this option.

From 1 January 2030, a ban will come into force for single-use plastic packaging for foods and beverages filled and consumed on-site, single-use condiment and sauce portions, accommodation sector packaging for cosmetics and toiletries, and very lightweight plastic carrier bags.

Recyclability and market access

From 1 January 2030, all packaging must be recyclable according to design-for-recycling criteria; from 1 January 2035, packaging must be recycled at scale. Packaging must achieve recyclability grades A ( at least 95% recyclable), B (at least 80%), or C (at least 70%). by 2030. Grade C packaging will be prohibited from 1 January 2038. 

By 1 January 2028, the Commission will adopt delegated legislation setting out how to perform recyclability performance assessments and express its result in recyclability performance grades. EPR fees will then be modulated according to recyclability grades 18 months after relevant legislation enter into force, meaning packaging design decisions made today will directly affect future waste-management costs. 

Packaging  that relies on complex multi-material structures or contains substances of concern may face challenges in achieving grade C status. For businesses conducting audits of their packaging to determine compliance, exploring redesign options early would be commercially prudent, given  that product development cycles can run to 18 to 24 months. The future EPR fee modulation could also be linked to recyclability performance, which may affect cost projections for poorly recyclable packaging.

Packaging minimisation

By 1 January 2030, all packaging must be designed with the minimum necessary weight and volume for its function. Packaging will be prohibited that is designed to inflate perceived volume, including with double walls, false bottoms and unnecessary layers. A maximum 50% empty space ratio will apply to grouped packaging, transport packaging and e-commerce packaging.

Member states must achieve packaging waste prevention targets of at least 5% by 2030, 10% by 2035, and 15% by 2040 (per capita compared to 2018).

By 12 February 2028, entities filling sales packaging will need to ensure that empty space in the product packaging is kept to the minimum necessary for packaging functionality, including product protection. The requirement includes fillers such as paper cuttings, air cushions and bubble wraps. Ahead of this change, businesses will want to consider reviewing decorative packaging features and exploring "right-sizing" options, particularly for e-commerce packaging affected by the "empty space" rule.

Osborne Clarke comment

The PPWR represents a significant advancement towards sustainability and the circular economy, introducing fundamental changes to how businesses design, produce and manage packaging across the EU. 

With the first wave of requirements taking effect in August, businesses have limited time to prepare. However, the challenges extend well beyond 2026. The substantial requirements coming into force in 2027, 2028 and ,particularly, 2030 will require significant lead time for business adaptation. Companies will be looking over this period to redesign packaging, restructure supply chains, implement new systems and ensure compliance across multiple jurisdictions.

Further complexity arises with critical implementing acts and delegated legislation still expected through 2026 and beyond, adding ongoing uncertainty around some of the more precise compliance requirements. Waiting for full regulatory clarity before acting is a risk in itself: early preparation would be a sound precautionary next move. Prudent next steps could include:

• Conducting gap analysis of current packaging against PPWR requirements.
• Assessing exposure to upcoming bans and restrictions.
• Developing roadmaps for achieving recyclability standards and design requirements.
• Preparing for EPR registration obligations across member states.
• Continuing to monitor implementing acts and technical standards.
• Engage with suppliers and partners to ensure supply chain readiness.

PPWR compliance timeline: 2026 to 2040

2026

12 August 

• PPWR requirements come into force.
• All packaging placed on the EU market requires a declaration of conformity and technical documentation.
• PFAS restrictions in food contact materials and limits for hazardous substances in packaging take effect.
• Implementing acts expected on harmonised labelling and marking requirements.
• EPR expansion with producers required to enrol on national registers before placing; New rules on EPR labelling across EU.

End of 2026

• ACHA opinions expected on the proposed ban on more than 10,000 PFAS for all consumer goods.

2027

12 August 

• Take-away hospitality businesses must provide, and inform consumers of, systems for consumers to bring their own containers.

2028

1 January 

• The commission adopts delegated acts setting out recyclability performance assessment methodology and grading system.

12 February

• Minimisation of the product (sales) packaging placed on the market.

12 August 

• Harmonised labelling: packaging must bear harmonised labels on material composition and separate collection.

2029

11 February

• Reusable packaging labelling: Reusable packaging must be labelled

2030

1 January 

• Single-use plastic packaging bans: foods and beverages filled and consumed on-site; single-use condiment and sauce portions; accommodation sector packaging for cosmetics and toiletries; andery lightweight plastic carrier bags.
• Recyclability requirements: All packaging must be recyclable according to design for recycling criteria with grades: grade A, at least 95% recyclable; grade B, at least 80% recyclable; and grade C, at least 70% recyclable (grade C packaging will be prohibited from 2038).
• Design requirements: packaging must be designed with minimum necessary weight and volume for functionality; packaging aimed at increasing perceived volume will be prohibited; maximum 50% empty space ratio for grouped packaging, transport packaging and e-commerce packaging.
• Waste prevention targets: member states must achieve as least 5% reduction per capita against 2018.

2035

• Recycling at scale: packaging must be recycled at scale.
• Waste prevention targets: member states must achieve packaging waste prevention targets of at least 10%.

2040

Waste prevention targets: member states must achieve packaging waste prevention targets of at least 15%.

Our team advises businesses on the complexity of the PPWR across jurisdictions, supports planning to manage regulatory uncertainty, and helps develop practical compliance strategies to ensure they are well-positioned as the measures come into force over the coming years.