Update as of 27 January 2025:

On 16 December 2024, the European Council formally approved the draft regulation on packaging and packaging waste (Packaging Regulation). On 22 January 2025, Regulation (EU) 2025/40 was published in the Official Journal and will enter into force on 11 February 2025.

The new Packaging Regulation does not provide for a central register that would make it easier for manufacturers to fulfil their reporting obligations. Rather, each Member State will continue to maintain its own national register. The Regulation only provides relief for manufacturers that place less than 10 tonnes of packaging on the market of an EU Member State for the first time in a given year. However, it remains to be seen whether the individual Member States will implement this.

Text as of 23 September 2024:

On 24 April 2024, the European Parliament adopted the trilogue draft for the Regulation on packaging and packaging waste ("EU-PR-D"). The new regulation will replace the previous Directive 94/62/EC ("EU-PD") and is part of the European Union's ("EU") Green Deal and Circular Economy Action Plan, as well as the Ecodesign Regulation and the Right to Repair Directive. The aim of the EU-PR-D is to minimise the environmental impact of packaging, promote re-use and recycling, minimise the use of hazardous substances and thus ensure the recyclability of packaging.

With the adoption of all amendments from the trilogue draft by the European Commission on 8 August 2024, the legislative process is now on the home stretch.

Scope

The EU-PR-D covers all types of packaging, regardless of the material used. It also applies to all packaging waste, whether such waste is used in or originates from industry, other manufacturing, retail or distribution, offices, services or households.

The regulation applies to all economic operators who make packaging available on the market. This includes manufacturers, suppliers of packaging, importers, distributors, authorised representatives, final distributors and fulfilment service providers.

What has changed compared to the Directive?

Regulation instead of Directive

The EU-PR-D replaces the EU-PD 12 months after it enters into force (probably at the end of 2025/beginning of 2026). In Germany, the EU-PD was implemented by the so-called Packaging Act ("VerpackG"). In contrast to the EU-PD, there is generally no need to transpose a regulation like the EU-PR-D into national law. This is because regulations apply directly in every EU member state as soon as they enter into force. National remaining “rump-like” acts are regularly what is left which, for example, stipulate the responsibilities of the authorities and sanctions.

Increased Sustainability Requirements

• Recyclability:
  The EU-PR-D specifies the requirements for the recyclability of packaging. In future, packaging must be designed in a way that allows it to be recycled at the end of its life. This includes the use of materials that can be efficiently processed in existing recycling infrastructures and the possible separability of the waste (without affecting other waste streams). By adopting delegated acts, the European Commission will define further criteria for the design for recycling by 1 January 2028.
• Limitation of substances of concern:
  As already known from the VerpackG, the concentration of substances of concern (in particular lead, cadmium, mercury and hexavalent chromium) must be minimised.
• Use of recycled materials:
  From 1 January 2030, plastic packaging must contain a minimum percentage of recycled content that has been recovered from post-consumer plastic waste (e.g. 30% for single use plastic beverage bottles, 30% for contact sensitive packaging made from polyethylene terephthalate (PET) as the major component (excluding single use beverage bottles) or 10% for contact sensitive packaging made from plastic materials other than PET (except single use beverage bottles). The minimum value of 30% is already specified in the VerpackG, although this only applies to single use plastic beverage bottles with PET as the main component. However, the EU-PR-D provides for an increase in these minimum values by 1 January 2040.
• Packaging minimisation:
  The general obligation to limit the volume and mass of packaging known from the VerpackG is now concretised by the EU-PR-D. Economic operators are obliged to ensure that the empty space ratio for grouped packaging, transport packaging or e-commerce packaging does not exceed 50%. In addition, manufacturers and importers must ensure that the use of materials is minimised without compromising functionality.
• Single-use packaging:
  From 1 January 2030, certain single-use packaging will be banned for the first time. This includes, for example, single-use packaging for:
  - fresh fruit and vegetables,
  - foods and beverages (filled and consumed within the premises in the HOtel REstautant Café (HORECA) sector),
  - individual portions in the HORECA sector (e.g. used for condiments, preserves and sauces), and
  - small cosmetics, hygiene and toiletry products (e.g. shampoo bottles or hand and body lotion bottles containing less than 50 ml) used in hotels.
  The annual consumption of lightweight plastic carrier bags must not exceed 40 bags per person by the end of 2025.
• Compostable packaging:
  Various types of packaging such as tea and coffee bags, sticky labels attached to fruit and vegetables or very lightweight plastic carrier bags must be compostable for the first time.
• Reusable packaging:
  Reusable packaging must, as stipulated by the VerpackG, be designed in a way that it can be re-used several times. Economic operators who place such packaging on the market must ensure that a re-use system of such packaging is in place.
• Labelling, marking and information requirements:
  As already known from the EU-PD, packaging must be marked with a label containing information on its material composition. This is intended to make it easier for consumers to separate waste. In addition, packaging that falls under a deposit and return system must be marked with a label. In addition to this national label, the European Commission defines a harmonised colour label by means of implementing acts, which can also be affixed, depending on the implementation of the EU-PR-D in the Member States. Furthermore, reusable packaging must be labelled to inform users that the packaging is reusable. Further information about the reusability of packaging (e.g. about return points) must be made available for the first time via a QR code or another standardised, digital data carrier.
• Deposit return systems:
  Member States must ensure that at least 90% of single use plastic beverage bottles or metal beverage containers are collected separately by 1 January 2029. To this end, the member states must set up deposit and return systems - as has been established in Germany for some time and was recently further developed by the VerpackG.
• Extended producer responsibility:
  As already known from the Single Use Plastics Directive, the EU-PR-D contains provisions on extended producer responsibility. This applies to producers that make packaging available on the market for the first time in a Member State. To this end, they must apply to the competent authority for authorisation. To monitor compliance with these requirements, Member States must set up a register of producers. In Germany, such a register already exists in the form of the LUCID packaging register.

Outlook

Before the EU-PR-D enters into force, the draft must be formally approved by the European Council, which is expected to happen this year. The EU-PR-D will then apply in all EU member states 12 months after its entry into force – i.e. in 2025 at the earliest. Despite the long transition periods, economic operators should address their obligations at an early stage and take timely measures to meet the new requirements. Furthermore, it is advisable to follow the development of the delegated acts, as the European Commission will specify individual obligations through these acts, and further adjustments may be necessary as a result.