Requirements for substances in packaging
1. Packaging placed on the market shall be so manufactured that the presence and concentration of substances of concern as constituents of the packaging material or of any of the packaging components is minimised, including with regard to their presence in emissions and any outcomes of waste management, such as secondary raw materials, ashes or other material for final disposal, and to the adverse impact on the environment due to microplastics.
2. The Commission shall monitor the presence of substances of concern in packaging and packaging components and shall take, where appropriate, the relevant follow-up measures.
By 31 December 2026, the Commission, assisted by the European Chemicals Agency, shall prepare a report on the presence of substances of concern in packaging and packaging components, to determine the extent to which they negatively affect the re-use and recycling of materials or impact chemical safety. That report may list the substances of concern present in packaging and packaging components and indicate the extent to which they could present an unacceptable risk to human health and the environment.
The Commission shall submit the report to the European Parliament, to the Council and to the committee referred to in Article 65 of this Regulation setting out its findings and shall consider appropriate follow-up measures, including:
(a)
for substances of concern in packaging materials which primarily affect human health or the environment, the use of the procedures referred to in Article 68(1) and (2) of Regulation (EC) No 1907/2006 to adopt new restrictions;
(b)
for substances of concern that negatively affect the re-use and recycling of materials in the packaging in which they are present, the establishment of restrictions as a part of design for recycling criteria in accordance with Article 6(4) of this Regulation.
If a Member State considers that a substance negatively affects the re-use and recycling of materials in the packaging in which it is present, it shall, by 31 December 2025, supply such information to the Commission and the European Chemicals Agency and, where available, refer to the relevant risk assessments or other relevant data.
3. Member States may request the Commission to consider restricting, pursuant to Article 6(4), point (a), the use of substances of concern that potentially negatively affect the re-use and recycling of materials in packaging in which they are present, for reasons other than those related primarily to the chemical safety of those substances. Member States shall accompany such requests with a report documenting the identity and uses of the substances and a description of how the use of the substances in packaging hinders recycling, for reasons other than those related primarily to chemical safety. The Commission shall evaluate the request and present the results of that evaluation to the committee referred to in Article 65.
4. Without prejudice to the restrictions on chemicals set out in Annex XVII to Regulation (EC) No 1907/2006 or, where applicable, to the restrictions and specific measures on food-contact materials and articles in Regulation (EC) No 1935/2004, the sum of the concentrations of lead, cadmium, mercury and hexavalent chromium resulting from substances present in packaging or packaging components shall not exceed 100 mg/kg.
5. From 12 August 2026, food-contact packaging shall not be placed on the market if it contains per- and polyfluorinated alkyl substances (PFAS) in a concentration equal to or above the following limit values to the extent that the placing on the market of packaging containing such a concentration of PFAS is not prohibited pursuant to another Union legal act:
(a)
25 ppb for any PFAS as measured with targeted PFAS analysis (polymeric PFAS excluded from quantification);
(b)
250 ppb for the sum of PFAS measured as the sum of targeted PFAS analysis, where applicable with prior degradation of precursors (polymeric PFAS excluded from quantification); and
(c)
50 ppm for PFASs (including polymeric PFAS); if total fluorine exceeds 50 mg/kg the manufacturer, importer or downstream user as defined respectively in Article 3, points (9), (11) and (13) of Regulation (EC) No 1907/2006 shall, upon request, provide to the manufacturer or the importer as defined respectively in Article 3(1), points (13) and (17), of this Regulation proof of the quantity of fluorine measured as content of either PFAS or non-PFAS in order for them to draw up the technical documentation as referred to in Annex VII to this Regulation.
‘PFAS’ means any substance that contains at least one fully fluorinated methyl (CF 3 -) or methylene (-CF 2 -) carbon atom (without any H/Cl/Br/I attached to it), except substances that only contain the following structural elements: CF 3 -X or X-CF 2 -X′, where X = -OR or -NRR′ and X′ = methyl (-CH 3 ), methylene (-CH 2 -), an aromatic group, a carbonyl group (-C(O)-), -OR′′, -SR′′ or –NR′′R′′′; and where R/R′/R′′/R′′′ is a hydrogen (-H), methyl (-CH 3 ), methylene (-CH 2 -), an aromatic group or a carbonyl group (-C(O)-).
By 12 August 2030, the Commission shall carry out an evaluation to assess the need to amend or repeal this paragraph in order to avoid overlaps with restrictions or prohibitions on the use of PFAS laid down in accordance with Regulations (EC) No 1935/2004, (EC) No 1907/2006, or (EU) 2019/1021.
6. Compliance with the requirements set out in paragraphs 4 and 5 of this Article shall be demonstrated in the technical documentation drawn up in accordance with Annex VII.
7. In order to take account of scientific and technical progress, the Commission may adopt delegated acts in accordance with Article 64 to amend this Regulation in order to lower the sum of the concentrations of lead, cadmium, mercury and hexavalent chromium resulting from substances present in packaging or packaging components referred to in paragraph 4 of this Article.
8. In order to take account of scientific and technical progress, the Commission may adopt delegated acts in accordance with Article 64 to supplement this Regulation in order to determine the conditions under which the sum of the concentrations referred to in paragraph 4 of this Article shall not apply to recycled materials or to product loops which are in a closed and controlled chain, as well as to determine the packaging types or formats of packaging, based on the packaging categories listed in Table 1 of Annex II to this Regulation, which shall be exempted from the requirements laid down in that paragraph. Such delegated acts shall be justified on the basis of a case by case analysis, time-limited, provide for appropriate marking and information requirements, and contain requirements for regular reporting in order to ensure that the exemption is regularly reviewed. Delegated acts adopted in accordance with this paragraph shall only be adopted to amend derogations established in Decisions 2001/171/EC and 2009/292/EC.
9. By 12 August 2033, the Commission shall carry out an evaluation to assess whether this Article and the design for recycling criteria set out in accordance with Article 6(4) have contributed sufficiently to minimising the presence and concentration of substances of concern as constituents of packaging materials.
Recyclable packaging
1. All packaging placed on the market shall be recyclable.
2. Packaging shall be considered to be recyclable if it fulfils the following conditions:
(a)
it is designed for material recycling, which enables the use of resulting secondary raw materials that are of sufficient quality when compared to the original material that they can be used to substitute primary raw materials, in accordance with paragraph 4; and
(b)
when it becomes waste, it can be collected separately in accordance with Article 48(1) and (5), sorted into specific waste streams without affecting the recyclability of other waste streams and recycled at scale, on the basis of the methodology set out in accordance with paragraph 5 of this Article.
Packaging that is in compliance with the delegated acts adopted pursuant to paragraph 4 shall be deemed to comply with the condition set out in point (a) of the first subparagraph of this paragraph.
Packaging that is in compliance with the delegated acts adopted pursuant to paragraph 4 and the implementing acts adopted pursuant to paragraph 5 shall be deemed to comply with the conditions set out in the first subparagraph of this paragraph.
Point (a) of the first subparagraph of this paragraph shall apply from 1 January 2030 or 24 months from the date of entry into force of the delegated acts adopted pursuant to the first subparagraph of paragraph 4, whichever is the latest.
Point (b) of the first subparagraph of this paragraph shall apply from 1 January 2035 or, as regards the recycled-at-scale requirement, from 1 January 2035 or five years from the date of entry into force of the implementing acts adopted pursuant to paragraph 5, whichever is the latest.
3. The manufacturer shall assess packaging recyclability on the basis of the delegated acts adopted pursuant to in paragraph 4 of this Article and the implementing acts adopted pursuant to paragraph 5 of this Article. Packaging recyclability shall be expressed in the recyclability performance grades A, B or C as described in Table 3 of Annex II.
Without prejudice to paragraph 10, from 1 January 2030 or 24 months from the entry into force of the delegated acts adopted pursuant to paragraph 4 of this Article, whichever is the latest, packaging shall not be placed on the market unless it is recyclable within grades A, B or C as described in Table 3 of Annex II.
Without prejudice to paragraph 10 of this Article, from 1 January 2038 packaging shall not be placed on the market unless it is recyclable within grades A or B as described in Table 3 of Annex II.
4. By 1 January 2028, the Commission shall, after taking into consideration standards developed by the European standardisation organisations, adopt delegated acts in accordance with Article 64 to supplement this Regulation by establishing:
(a)
design for recycling criteria and recyclability performance grades based on Table 3 of Annex II and the parameters listed in Table 4 of Annex II for packaging categories listed in Table 1 of Annex II; design for recycling criteria and recyclability performance grades shall be developed on the basis of the predominant material and shall:
(i)
take into account the ability of packaging waste to be separated into different material streams for recycling, sorted and recycled, so that the resulting secondary raw materials are of sufficient quality compared to the original material and can be used to substitute primary raw materials for packaging or other applications where the quality of the recycled material is retained, where feasible;
(ii)
consider established collection and sorting processes proven in an operational environment and cover all packaging components;
(iii)
take into account available recycling technologies, their economic and environmental performance, including the quality of the output, the availability of the waste, the energy needed and the emissions of greenhouse gases;
(iv)
where appropriate, identify substances of concern that negatively affect the re-use and recycling of materials in the packaging in which they are present;
(v)
where appropriate, impose restrictions on the presence of substances of concern, or of groups of such substances, in packaging or packaging components for reasons not relating primarily to chemical safety; such restrictions may also serve to reduce unacceptable risks to human health or the environment, without prejudice to the restrictions on chemicals set out in Annex XVII to Regulation (EC) No 1907/2006 or, where applicable, the restrictions and specific measures on food-contact materials and articles in Regulation (EC) No 1935/2004;
(b)
how to perform recyclability performance assessment and express its result in recyclability performance grades per packaging unit, in terms of weighting, including material-specific criteria and sorting efficiency, to determine whether packaging is to be considered recyclable under paragraph 2;
(c)
a description, for each packaging category listed in Table 1 of Annex II, of the conditions for compliance with their respective recyclability performance grades;
(d)
a framework concerning the modulation of financial contributions to be paid by producers to comply with their extended producer responsibility obligations set out in Article 45(1), based on the packaging recyclability performance grades.
When adopting the delegated acts referred to in the first subparagraph of this paragraph, the Commission shall take into account the results of the assessment, if any, carried out pursuant to Article 5(2).
The Commission is empowered to adopt delegated acts in accordance with Article 64 to amend Table 1 of Annex II in order to adapt it to the scientific and technical developments in material and product design, and in collection, sorting and recycling infrastructure. In those delegated acts, the Commission may lay down design for recycling criteria for additional packaging categories or create sub-categories within the categories listed in Table 1 of Annex II.
Economic operators shall comply with new or updated design for recycling criteria within 3 years of the date of entry into force of the relevant delegated act.
5. By 1 January 2030, the Commission shall adopt implementing acts establishing:
(a)
the methodology for the recycled-at-scale assessment per packaging category listed in Table 2 of Annex II, supplementing Table 3 of Annex II with thresholds for the recycled-at-scale assessment and, if necessary, updating the overall recyclability performance grades described in Table 3 of Annex II; that methodology shall be based on at least the following elements:
(i)
quantities of packaging per packaging category listed in Table 2 of Annex II placed on the market in the Union as a whole and in each Member State;
(ii)
quantities of recycled packaging waste, as calculated at the calculation point in accordance with the implementing act adopted under Article 56(7), point (a), per packaging category listed in Table 2 of Annex II, in the Union as a whole and in each Member State;
(b)
the chain of custody mechanism ensuring that packaging is recycled at scale.
The chain of custody mechanism referred to in point (b) shall be based on at least the following elements:
(i)
technical documentation referring to the quantity of collected packaging waste that is sent to sorting and recycling facilities;
(ii)
a verification process that allows manufacturers to obtain the necessary data from the downstream operators ensuring that packaging is recycled at scale.
Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 65(2).
The data referred to in the first subparagraph of this paragraph shall be available and easily accessible by the public.
6. The Commission shall assess the granularity of data that need to be reported for the recycled-at-scale methodology. Where appropriate, the Commission shall adopt delegated acts in accordance with Article 64 to amend Table 2 of Annex II and Table 3 of Annex XII to adapt them to technical and scientific development.
7. By 2035, the Commission, on the basis of developments in sorting and recycling technologies, may review the minimum thresholds for packaging to be considered recycled at scale and, where appropriate, present a legislative proposal to revise the thresholds.
8. In order to increase the level of recyclability of packaging, 18 months from the date of entry into force of the delegated acts adopted pursuant to paragraph 4 of this Article and implementing acts adopted pursuant to paragraph 5 of this Article, the financial contributions paid by producers in order to comply with their extended producer responsibility obligations as laid down in Article 45 shall be modulated in accordance with the recyclability performance grades, as set out in detail in the delegated acts adopted pursuant to paragraph 4 of this Article and the implementing acts adopted pursuant to paragraph 5 of this Article.
Regarding financial contributions paid by producers in order to comply with their extended producer responsibility obligations as laid down in Article 45 in respect of packaging referred to in paragraph 11, point (g), of this Article, Member States shall take into account the technical feasibility and economic viability of recycling of that packaging.
9. Compliance with the requirements set out in paragraphs 2 and 3 of this Article shall be demonstrated in the technical documentation concerning the packaging as set out in Annex VII.
Where a unit of packaging includes integrated components, the assessment of compliance with the design for recycling criteria and with the recycled-at-scale requirements shall include all integrated components. A separate assessment shall be carried out for integrated components that can become separated from each other as a result of mechanical stress during transportation or sorting.
Where a unit of packaging includes separate components, the assessment of compliance with the design for recycling requirements and with the recycled-at-scale requirements shall be carried out separately for each separate component.
All components of a unit of packaging shall be compatible with the established collection, sorting and recycling processes proven in an operational environment and shall not hinder the recyclability of the main body of the packaging unit.
10. By way of derogation from paragraphs 2 and 3, from 1 January 2030, innovative packaging that does not comply with the requirements under paragraph 2 may be made available on the market up to 5 years from the end of the calendar year in which it was placed on the market.
Where use is made of this derogation, the economic operator shall notify the competent authority before the innovative packaging is placed on the market and shall include all technical details demonstrating that the packaging is innovative packaging. That notification shall include a timeline for reaching the recycled-at-scale requirements in terms of collection and recycling of the innovative packaging. The information shall be made available to the Commission and the national authorities carrying out market surveillance.
If the competent authority considers that the packaging is not innovative packaging, the economic operator shall comply with the existing design for recycling criteria.
If the competent authority considers that the packaging is innovative packaging, it shall inform the Commission accordingly.
The Commission shall assess requests by competent authorities in relation to innovative nature of packaging and update or adopt new delegated acts under paragraph 4 of this Article, as appropriate.
The Commission shall monitor the impact of the derogation referred to in the first subparagraph on the quantity of packaging placed on the market. The Commission shall, where appropriate, present a legislative proposal with a view to amending that subparagraph.
Member States shall continuously aim to improve collection and sorting infrastructures for innovative packaging with expected environmental benefits.
11. This Article shall not apply to the following:
(a)
immediate packaging as defined in Article 1, point (23), of Directive 2001/83/EC and in Article 4, point (25), of Regulation (EU) 2019/6;
(b)
contact-sensitive packaging of medical devices covered by Regulation (EU) 2017/745;
(c)
contact-sensitive packaging of in vitro diagnostic medical devices covered by Regulation (EU) 2017/746;
(d)
outer packaging as defined in Article 1, point (24), of Directive 2001/83/EC and in Article 4, point (26), of Regulation (EU) 2019/6 in cases where such packaging is necessary to comply with specific requirements to preserve the quality of the medicinal product;
(e)
contact-sensitive packaging for infant formula and follow-on formula, processed cereal-based food and baby food, and food for special medical purposes as defined in Article 1, points (a), (b) and (c), of Regulation (EU) No 609/2013;
(f)
packaging used for the transport of dangerous goods in accordance with Directive 2008/68/EC;
(g)
sales packaging made from lightweight wood, cork, textile, rubber, ceramic, porcelain or wax; however, paragraph 8 shall apply to such packaging.
12. By 1 January 2035, the Commission shall review the exceptions under paragraph 11, taking into account at least the evolution of sorting and recycling technologies and practical experience gained by the economic operators and Member States. On that basis, the Commission shall assess the appropriateness of the continuation of those exceptions and, where appropriate, present a legislative proposal.
Minimum recycled content in plastic packaging
1. By 1 January 2030 or 3 years from the date of entry into force of the implementing act referred to in paragraph 8 of this Article, whichever is the latest, any plastic part of packaging placed on the market shall contain the following minimum percentage of recycled content recovered from post-consumer plastic waste, per packaging type and format as referred to in Table 1 of Annex II, calculated as an average per manufacturing plant and year:
(a)
30 % for contact-sensitive packaging made from polyethylene terephthalate (PET) as the major component, except single-use plastic beverage bottles;
(b)
10 % for contact-sensitive packaging made from plastic materials other than PET, except single-use plastic beverage bottles;
(c)
30 % for single-use plastic beverage bottles;
(d)
35 % for plastic packaging other than those referred to in points (a), (b) and (c) of this paragraph.
2. By 1 January 2040, any plastic part of packaging placed on the market shall contain the following minimum percentage of recycled content recovered from post-consumer plastic waste, per packaging type and format as referred to in Table 1 of Annex II, calculated as an average per manufacturing plant and year:
(a)
50 % for contact-sensitive packaging made from PET as the major component, except single-use plastic beverage bottles;
(b)
25 % for contact-sensitive packaging made from plastic materials other than PET, except single-use plastic beverage bottles;
(c)
65 % for single-use plastic beverage bottles;
(d)
65 % for plastic packaging other than those referred to in points (a), (b) and (c) of this paragraph.
3. For the purposes of this Article, recycled content shall be recovered from post-consumer plastic waste that:
(a)
has been collected within the Union pursuant to this Regulation or the national rules transposing Directives 2008/98/EC and (EU) 2019/904, as relevant, or that has been collected in a third country in accordance with standards for separate collection to promote high-quality recycling equivalent to those referred to in this Regulation and Directives 2008/98/EC and (EU) 2019/904, as relevant; and
(b)
where applicable, has been recycled in an installation located within the Union to which Directive 2010/75/EU of the European Parliament and of the Council ( 62 ) applies, or that has been recycled in an installation located in a third country to which rules concerning the prevention and reduction of emissions into air, water and land associated to the recycling operations apply, and those rules are equivalent to those concerning emissions limits and environmental performance levels established in accordance with Directive 2010/75/EU that are applicable to an installation located in the Union carrying out the same activity; that condition shall apply only in the case where those limits and levels would be applicable to an installation located in the Union and carrying out the same activity as an analogous installation located in the third country.
4. Paragraphs 1 and 2 shall not apply to the following:
(a)
immediate packaging as defined in Article 1, point (23), of Directive 2001/83/EC and in Article 4, point (25), of Regulation (EU) 2019/6;
(b)
contact-sensitive plastic packaging of medical devices, devices exclusively destined for research use and investigational devices covered by Regulation (EU) 2017/745;
(c)
contact-sensitive plastic packaging of in vitro diagnostic medical devices covered by Regulation (EU) 2017/746;
(d)
outer packaging as defined in Article 1, point (24), of Directive 2001/83/EC and in Article 4, point (26), of Regulation (EU) 2019/6 in cases where such packaging is necessary to comply with specific requirements to preserve the quality of the medicinal product;
(e)
compostable plastic packaging;
(f)
packaging used for the transport of dangerous goods in accordance with Directive 2008/68/EC;
(g)
contact-sensitive plastic packaging for food that is intended only for infants and young children, food for special medical purposes and packaging for drinks and food typically used for young children as referred to in Article 1, points (a), (b) and (c), of Regulation (EU) No 609/2013;
(h)
packaging of supplies, components and immediate packaging components for the manufacturing of medicinal products covered by Directive 2001/83/EC and veterinary medicinal products covered by Regulation (EU) 2019/6, where such packaging is needed to be in line with the quality standards of the medicinal product.
5. Paragraphs 1 and 2 shall not apply to:
(a)
plastic packaging that is intended to come into contact with food where the quantity of recycled content poses a threat to human health and results in non-compliance of packaged products with Regulation (EC) No 1935/2004;
(b)
any plastic part representing less than 5 % of the total weight of the whole packaging unit.
6. Compliance with the requirements set out in paragraphs 1 and 2 of this Article shall be demonstrated by manufacturers or importers in the technical information concerning the packaging referred to in Annex VII.
7. The financial contributions paid by producers in order to comply with their extended producer responsibility obligations as laid down in Article 45 may be modulated based on the percentage of recycled content used in the packaging. Any such modulation shall take into account sustainability criteria of the recycling technologies and the environmental costs for the purposes of recycled content.
8. By 31 December 2026, the Commission shall adopt implementing acts establishing the methodology for the calculation and verification of the percentage of recycled content recovered from post-consumer plastic waste recycled and collected within the Union in accordance with the conditions set out in paragraph 3 of this Article, as well as the format for the technical documentation referred to in Annex VII. For that purpose, the Commission shall take into account the use of resulting secondary raw materials that are of sufficient quality when compared to the original material that they can be used to substitute primary raw materials. The verification methodology may include the obligation to carry independent third-party audits on manufacturers of recycled content in the Union and of plastic packaging placed on the market as a sales unit separate from other products, to ensure that the conditions set out in paragraph 3 of this Article and in the delegated act adopted pursuant to paragraph 9 of this Article are met.
When adopting the implementing acts, the Commission shall assess the available recycling technologies, taking into account their economic and environmental performance, including the quality of the output, the availability of the waste, the energy needed and the emissions of greenhouse gases and other relevant environmental impacts.
Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 65(2).
9. By 31 December 2026, on the basis of the assessment referred to in paragraph 8, second subparagraph, the Commission shall adopt delegated acts in accordance with Article 64 to supplement this Regulation with sustainability criteria for plastic recycling technologies.
For the purposes of this Article, recycled content shall be recovered from post-consumer plastic waste that has been recycled either in:
(a)
installations located within the Union using recycling technologies which meet such sustainability criteria established pursuant to this paragraph; or
(b)
installations located in a third country using recycling technologies in accordance with standards equivalent to the sustainability criteria developed under the delegated acts.
10. By 31 December 2026, the Commission shall adopt implementing acts establishing the methodology for assessing, verifying and certifying, including through third-party audit, the equivalence of the rules applied in cases where the recycled content recovered from post-consumer plastic waste is recycled or collected in a third country. The assessment shall consider the standards of protection of environment and human health, including standards to ensure that recycling is performed in an environmentally sound manner, and standards on high-quality recycling, such as on resource efficiency and quality standards for the recycling sectors. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 65(2).
11. By 1 January 2029 or 24 months from the date of entry into force of the implementing act referred to in paragraph 8, whichever is the latest, the calculation and verification of the percentage of recycled content contained in packaging under paragraph 1 shall comply with the rules laid down in the implementing act adopted pursuant to paragraph 8.
12. By 1 January 2028, the Commission shall assess the need for derogations from the minimum percentages of recycled content laid down in paragraph 1, points (b) and (d), for specific plastic packaging, or the revision of the list of exceptions in paragraph 4 for specific plastic packaging.
Based on the assessment referred to in the first subparagraph of this paragraph, where suitable recycling technologies to recycle plastic packaging are not authorised under the relevant Union rules or are not sufficiently available in practice, taking into account any safety related requirements, especially concerning contact-sensitive plastic packaging, including food packaging, the Commission is empowered to adopt delegated acts in accordance with Article 64 to amend this Regulation in order to:
(a)
provide for derogations from the scope, timing or level of minimum percentage laid down in paragraph 1, points (b) and (d), of this Article, for specific plastic packaging; and
(b)
as appropriate, amend the list of the exceptions in paragraph 4 of this Article.
13. Where the lack of availability or excessive prices of specific recycled plastics makes compliance with the minimum percentages of recycled content set out in paragraphs 1 and 2 of this Article excessively difficult, the Commission shall be empowered to adopt a delegated act in accordance with Article 64 to amend those paragraphs by adjusting the minimum percentages accordingly. In evaluating whether such adjustment is appropriate, the Commission shall assess requests from natural or legal persons to be accompanied by relevant information and data on the market situation for the post-consumer plastic waste and best available evidence regarding the related risks to human or animal health, to the security of food supply or to the environment. The Commission shall adopt such a delegated act only in exceptional cases where there would be severe adverse effects for human or animal health, the security of food supply or the environment.
14. By 12 February 2032, taking into account the evolution of the state of the art of the technology and the practical experience gained by economic operators and Member States, the Commission shall present a report reviewing the implementation of the 2030 minimum percentages of recycled content set out in paragraph 1 and evaluating to what extent those percentages lead to solutions fostering sustainable packaging that are effective and easy to implement, the feasibility of the achievement of the 2040 minimum percentages on the basis of the experience in achieving the 2030 minimum percentages and the evolving circumstances, the relevance of maintaining the exceptions and derogations set out in this Article, and the necessity or pertinence of setting new minimum percentages of recycled content. That report shall, where appropriate, be accompanied by a legislative proposal amending this Article, in particular the 2040 minimum percentages of recycled content.
15. By 12 February 2032, the Commission shall review the situation regarding the use of recycled packaging materials in packaging other than plastics and, on that basis, assess the appropriateness of establishing measures, or setting targets, for increasing the use of recycled content in such other packaging, and, where appropriate, present a legislative proposal.
Biobased feedstock in plastic packaging
1. By 12 February 2028, the Commission shall review the state of technological development and environmental performance of biobased plastic packaging, taking into consideration the sustainability criteria laid down in Article 29 of Directive (EU) 2018/2001 of the European Parliament and of the Council ( 63 ) .
2. Based on the review referred to in paragraph 1, the Commission shall, where appropriate, present a legislative proposal in order to:
(a)
lay down sustainability requirements for biobased feedstock in plastic packaging;
(b)
lay down targets to increase the use of biobased feedstock in plastic packaging;
(c)
introduce the possibility to achieve the targets set out in Article 7(1) and (2) of this Regulation by using biobased plastic feedstock instead of recycled content recovered from post-consumer plastic waste in the event that suitable recycling technologies for food-contact packaging complying with the requirements laid down in Regulation (EU) 2022/1616 are not available;
(d)
amend, where appropriate, the definition of biobased plastic set out in Article 3(1), point (53).
Compostable packaging
1. By way of derogation from Article 6(1), by 12 February 2028, where packaging referred to in Article 3(1), point (1)(f), and sticky labels affixed to fruit and vegetables are placed on the market, that packaging and sticky labels shall be compatible with the standard for composting in industrially controlled conditions in bio-waste treatment facilities and shall be compatible, where required by the Member States, with the home-composting standards referred to in paragraph 6 of this Article.
2. By way of derogation from Article 6(1), where Member States allow waste with similar biodegradability and compostability properties as bio-waste pursuant to Article 22(1) of Directive 2008/98/EC to be collected together with bio-waste, and appropriate waste collection schemes and waste treatment infrastructure are available to ensure that compostable packaging enters the bio-waste management stream, Member States may require that the following packaging shall be made available on their territory for the first time only if the packaging is compostable:
(a)
packaging referred to in Article 3(1), point (1)(g), composed of material other than metal, very lightweight plastic carrier bags and lightweight plastic carrier bags;
(b)
packaging other than that referred to in point (a) of this paragraph for which the Member State already required that they be compostable before the date of application of this Regulation.
3. By 12 February 2028, packaging other than that referred to in paragraphs 1 and 2, including packaging made of biodegradable plastic polymers and other biodegradable materials, shall be designed for material recycling in accordance with Article 6 without affecting the recyclability of other waste streams.
4. Compliance with the requirements set out in paragraphs 1, 2 and 3, of this Article shall be demonstrated in the technical information concerning the packaging referred to in Annex VII.
5. The Commission may analyse whether other packaging should be included in paragraph 1 or paragraph 2, point (a), of this Article if justified and appropriate due to technological and regulatory developments that affect the elimination of compostable packaging and in the conditions established in Annex III, and, where appropriate, present a legislative proposal.
6. By 12 February 2026, the Commission shall request the European standardisation organisations to prepare or update harmonised standards laying down the detailed technical specifications of the requirements on compostable packaging. When doing so, the Commission shall request that, in line with the latest scientific and technological developments, parameters such as retention times, temperatures and stirring, which reflect the actual conditions in home composts and in bio-waste treatment facilities, including anaerobic digestion processes, are taken into account. The Commission shall request that those standards include verification that the compostable packaging undergoing the biological decomposition subject to the specified parameters results ultimately in conversion into carbon dioxide or, in absence of oxygen, methane, and mineral salts, biomass and water.
By 12 February 2026, the Commission shall also request the European standardisation organisations to prepare harmonised standards laying down the detailed technical specifications of the requirements on home compostability of packaging referred to in paragraph 1.
Packaging minimisation
1. By 1 January 2030, the manufacturer or importer shall ensure that the packaging placed on the market is designed so that its weight and volume is reduced to the minimum necessary to ensure its functionality, taking account of the shape and material from which the packaging is made.
2. The manufacturer or importer shall ensure that packaging which does not comply with the performance criteria set out in Annex IV of this Regulation and packaging with characteristics that aim only to increase the perceived volume of the product, including double walls, false bottoms and unnecessary layers, is not placed on the market, unless:
(a)
the packaging design is protected by a Community design pursuant to Council Regulation (EC) No 6/2002 ( 64 ) or by design rights falling within the scope of Directive 98/71/EC of the European Parliament and of the Council ( 65 ) , including international agreements having effect in one of the Member States, or its shape is a trademark falling within the scope of Regulation (EU) 2017/1001 of the European Parliament and of the Council ( 66 ) or Directive (EU) 2015/2436 of the European Parliament and of the Council ( 67 ) , including trademarks registered under international agreements having effect in one of the Member States, the design rights and trademarks are protected before 11 February 2025, and the application of the requirements under this Article would affect the packaging design in a way that it would alter its novelty or its individual character, or would affect the trademark in a way that the trademark is no longer capable of distinguishing the marked product from those of other undertakings; or
(b)
the packaged product or beverage benefits from a geographical indication protected under Union law, such as under Regulation (EU) No 1308/2013 for wine, Regulation (EU) 2019/787 for spirit drinks or Regulation (EU) 2023/2411 for craft and industrial products, or is covered by a quality scheme as referred to in Regulation (EU) 2024/1143.
3. By 12 February 2027, the Commission shall request the European standardisation organisations to prepare or update, as appropriate, harmonised standards laying down the methodology for the calculation and measurement of compliance with the requirements concerning packaging minimisation under this Regulation. For most common packaging types and formats, such standards should specify maximum adequate weight and volume limits, and, where appropriate, wall thickness and maximum empty space.
4. Compliance with the requirements set out in paragraphs 1 and 2 of this Article shall be demonstrated in the technical documentation referred to in Annex VII, which shall contain the following elements:
(a)
an explanation of the technical specifications, standards and conditions used to assess the packaging against the performance criteria and methodology set out in Annex IV;
(b)
for each of those performance criteria, the identification of the design requirements which prevent further reduction of the packaging weight or volume;
(c)
any test results, studies or other relevant sources, such as modelling and simulations, used to assess the minimum necessary volume or weight of the packaging.
For reusable packaging, the assessment of compliance with the requirements set out in paragraph 1 of this Article shall take into account the characteristics of reusable packaging, and in the first place the requirements set out in Article 11.
Reusable packaging
1. Packaging placed on the market from 11 February 2025 shall be considered to be reusable where it fulfils all of the following requirements:
(a)
it has been conceived, designed and placed on the market with the objective to be re-used multiple times;
(b)
it has been conceived and designed to accomplish as many rotations as possible under normally predictable conditions of use;
(c)
it fulfils applicable requirements regarding consumer health, safety and hygiene;
(d)
it can be emptied or unloaded without being damaged in a way that would prevent its further function and re-use;
(e)
it is capable of being emptied, unloaded, refilled or reloaded while maintaining the quality and safety of the packaged product and ensuring compliance with the applicable safety and hygiene requirements, including those on food safety;
(f)
it is capable of being reconditioned in accordance with Part B of Annex VI, while maintaining its ability to perform its intended function;
(g)
it allows for affixing of labels and the provision of information on the properties of that product and on the packaging itself, including any relevant instructions and information for ensuring safety, adequate use, traceability and shelf-life of the product;
(h)
it can be emptied, unloaded, refilled or reloaded without risk to the health and safety of those responsible for doing so; and
(i)
it fulfils the requirements specific to recyclable packaging set out in Article 6, so that it can be recycled when it becomes waste.
2. By 12 February 2027, the Commission shall adopt a delegated act in accordance with Article 64 to supplement this Regulation by establishing a minimum number for the rotations for reusable packaging, for the purpose of paragraph 1, point (b), of this Article for the packaging formats which are most frequently used in re-use, taking into account hygiene and other requirements such as logistics.
3. Compliance with the requirements set out in paragraph 1 of this Article shall be demonstrated in the technical information concerning the packaging referred to in Annex VII.
Source: EUR-Lex (Publications Office of the EU), © European Union, reuse permitted under Commission Decision 2011/833/EU.
