EU Packaging Regulation: new requirements from 12 August

Brussels – Reducing packaging waste and moving towards reusable products: from tomorrow (12 August), the new requirements of the Regulation on packaging and packaging waste in the European Union will come into force. This EU legislation sets out requirements for sustainability, reuse, recycling, and labelling for all packaging placed on the European market throughout its entire life cycle. The European Commissioner for the Environment, Jessika Roswall, stated that the new rules “will help to reduce waste, increase recycling, make food-contact packaging safer for consumers by limiting harmful substances such as PFAS, and reduce our reliance on virgin raw materials.” 

The main change coming into force tomorrow is the restriction on the use of perfluoroalkyl substances (PFAS) in packaging that comes into contact with food. This means that if such packaging contains PFAS in quantities exceeding the permitted limits, it will no longer be allowed to be placed on the EU market. Therefore, “companies must ensure they comply with these limits and must test their packaging,” explained a European official. Commonly referred to as “forever chemicals”, PFAS are a group of harmful substances that can accumulate in the environment and in the human body. They are commonly used in food packaging, such as takeaway containers, fast-food wrappers, baking paper, pizza boxes and much more. The official explained that “companies are not required to change their products immediately” and that “no product should be withdrawn from the market because of the new rules.” Member States and national authorities will therefore be responsible for enforcing the rules, but “during the initial period, they should not impose penalties for non-compliance, but rather work with companies to ensure compliance.”

Still on the subject of PFAS, a set of harmonised rules across the EU regarding the definitions of “manufacturers and producers”, who are responsible for extended producer responsibility for packaging, will also come into force tomorrow. Certain markings and information on packaging will also be mandatory, ensuring that manufacturers or importers of packaging can be identified and contacted where necessary. According to the official, this is important because if “there are indeed problems with packaging—for example, if the PFAS limits in packaging are not being met—it is necessary to ensure that the authorities can trace the actual producer and ensure that the latter changes their practices and complies with the law.” 

Further provisions of the regulation will, however, come into force in the coming years. From 2028, a harmonised labelling system for packaging will be applied across the EU to facilitate separate collection, thereby increasing the efficiency of recycling and composting streams and enabling the packaging industry to save several billion euros over the years. However, most of the requirements will come into force from 2030. This includes measures aimed at reducing the generation of packaging waste, such as new limits on void space, reuse targets, or very small single-use plastic packaging formats used in hotels and restaurants, and promoting the circular economy, including the mandatory use of recycled plastic for new plastic packaging and the requirement that all packaging be recyclable.