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Packaging Regulation in force from February, 11 2025: a push for recycled content

The ReMade Operational Guide on Recycled Content in the PPWR Regulation

Regulation 2025/40/EU on Packaging and Packaging Waste (PPWR) is the key document for all European and national legislation concerning packaging. It will come into force on February 11, 2025, and apply from August 12, 2026, replacing the long-standing Directive 62/94/EC from 2026 onwards.

Among the many new regulatory provisions, the obligation for recyclable packaging with a minimum recycled content is one of the most prominent.

Packaging designed for recycling, once it becomes waste, is one of the most efficient ways to improve packaging circularity and increase recycling rates and the use of recycled content in packaging.

Scope of application

The regulation applies to all packaging, regardless of the material used, and to all packaging waste, regardless of the context in which the packaging is used or the origin of the packaging waste: industry, other manufacturing activities, retail or distribution, offices, services, or households.

Items considered packaging

  • Cake boxes
  • Film covering CD cases
  • Padded envelopes for sending catalogs and magazines (containing magazines)
  • Cake doilies sold with cakes
  • Rolls, tubes, and cylinders around which flexible material (such as film, aluminum foil, paper) is wound, except for rolls, tubes, and cylinders that are parts of production machinery and are not used to present a product as a sales unit
  • Flower and plant pots, including seed trays, for sale and transport purposes only
  • Glass bottles for injectable solutions
  • CD spindles (sold with CDs, not intended for storage)
  • Clothes hangers (sold with an item of clothing)
  • Matchboxes
  • Sterile barrier systems (wraps, trays, and materials necessary to preserve product sterility)
  • Refillable steel containers for various types of gas, excluding fire extinguishers
  • Aluminum bags for tea and coffee
  • Boxes used for toothpaste tubes

Articles that are packaging

  • Labels fixed directly to or placed on the product, including adhesive labels for fruits and vegetables
  • Mascara brushes that are an integral part of the container closure
  • Adhesive labels affixed to another packaging item
  • Staples
  • Plastic ties
  • Dosing devices that are an integral part of the closure of detergent packaging
  • Mechanical grinders (integrated into non-refillable containers, filled with a product, e.g., a pepper mill containing pepper)

Articles that are packaging designed and intended to be filled at the point of sale

  • Paper or plastic bags
  • Disposable plates and cups
  • Shrink film
  • Sandwich bags
  • Aluminum foil
  • Plastic film for dry-cleaned garments
  • Tea bags, coffee pods, or sachets for other beverages intended to be used and disposed of with the product.

Relationship with other Regulations

The regulation stipulates that in case of conflict between the Packaging Regulation and the Waste Directive (Directive 2008/98/EC), the latter shall prevail (Article 2, paragraph 2).

Through the amendments to the SUP Directive (Directive 2019/904), made by the Regulation itself in its Article 67, it states that in case of conflict between the SUP Directive and Directive 94/62/EC (which will be repealed by the Packaging Regulation), the SUP Directive shall prevail (unless otherwise specified in the Packaging Regulation).

Recyclable packaging

Article 6 of the new Regulation states that all packaging placed on the market must be recyclable. Packaging is considered recyclable if it is designed in such a way that the resulting secondary raw materials are of sufficient quality compared to the original material to be used as a substitute for primary raw materials, and that, once it becomes waste, it can be separately collected and recycled at scale.

From January 1, 2030, packaging must be classified as recyclable according to classes A (recyclability assessment greater than or equal to 95%), B (recyclability assessment greater than or equal to 80%), or C (recyclability assessment greater than or equal to 70%); otherwise, it can no longer be placed on the market.

By January 1, 2028, the Commission will adopt delegated acts providing for design criteria for recycling and for recyclability classes.

Furthermore, by January 1, 2030, the Commission will adopt implementing acts to establish the methodology for evaluating “recycled at scale” for each packaging category referred to in Table 2 of Annex II, integrate Table 3 of Annex II with thresholds for “recycled at scale” evaluation, and, if necessary, update the recyclability performance classes as a whole, which are described in Table 3 of Annex II.

It should be noted that “packaging waste recycled at scale” means packaging waste that is separately collected, sorted, and recycled in installed infrastructures, through consolidated processes tested in an operational environment that ensure, at the Union level, an annual quantity of recycled material for each packaging category referred to in Table 2 of Annex II of 30% or more for wood and 55% or more for all other materials; this includes packaging waste exported from the Union for waste management purposes.

To increase the recyclability of packaging, financial contributions paid by producers to fulfill their extended producer responsibility obligations under Article 45 are modulated in accordance with the recyclability performance classes.

Minimum recycled content in plastic packaging

Minimum recycled content percentages

By January 1, 2030, all plastic parts of packaging placed on the market must contain the following minimum percentage of recycled content recovered from post-consumer plastic waste, calculated as an average per production facility and per year:

a) 30% for contact-sensitive packaging whose main component is polyethylene terephthalate (PET), with the exception of single-use beverage bottles;

b) 10% for contact-sensitive packaging made from plastics other than PET, with the exception of single-use plastic beverage bottles;

c) 30% for single-use plastic beverage bottles;

d) 35% for plastic packaging other than that referred to in points a), b), and c).

The content percentages are even higher from January 1, 2040.

By this date, all plastic parts of packaging placed on the market must contain the following minimum percentage of recycled content recovered from post-consumer plastic waste, per packaging type and format as listed in Table 1 of Annex II, calculated as an average per production facility and per year:

a) 50% for contact-sensitive packaging whose main component is polyethylene terephthalate (PET), with the exception of single-use beverage bottles;

b) 25% for contact-sensitive packaging made from plastics other than PET, with the exception of single-use beverage bottles;

c) 65% for single-use plastic beverage bottles;

d) 65% for plastic packaging other than that referred to in points a), b), and c) of this paragraph.

Relationship with the SUP Directive

The percentages for PET bottles are in line with the SUP Directive (Directive 2019/905), which in its Article 6 stipulates that single-use plastic beverage bottles (with a capacity of up to three liters, including their caps and lids, but excluding glass or metal beverage bottles with plastic caps and lids, and beverage bottles intended and used for medical foods):

  • From 2025, if made with polyethylene terephthalate as the main component (“PET bottles”), they must contain at least 25% recycled plastic, calculated as an average for all PET bottles placed on the national market.
  • From 2030, they must contain at least 30% recycled plastic, calculated as an average for all such beverage bottles placed on the national market.

 

How recycled content must be

Origin of collection

Recycled content is recovered from post-consumer plastic waste that:

  • Has been collected within the Union or has been collected in a third country in accordance with standards.
  • Has been recycled in a facility located in the Union or has been recycled in a facility located in a third country to which certain environmental protection standards apply.

Recycling facilities

Furthermore, the legislative text indicates that recycled content is recovered from post-consumer plastic waste that has been recycled:

  • In facilities located in the Union that use recycling technologies meeting the sustainability criteria established under this paragraph; or
  • In facilities located in a third country that use recycling technologies in accordance with standards equivalent to the sustainability criteria established in the delegated acts.

“Post-consumer plastic waste” refers to plastic waste generated from plastic products supplied for distribution, consumption, or use and placed on the market of a Member State or a third country, during a commercial activity, whether paid or free.

By December 31, 2026, the Commission will adopt implementing acts to establish the methodology for calculating and verifying the percentage of recycled content recovered from post-consumer plastic waste recycled and collected within the EU. The verification methodology may include the obligation for independent third-party audits of manufacturers of recycled content in the Union and of plastic packaging placed on the market; similarly, there may be audits to assess the equivalence of standards applied if recycled content recovered from post-consumer plastic waste is recycled or collected outside the EU.

Derogations

The minimum recycled content provisions do not apply to primary packaging, contact-sensitive plastic packaging for medical devices, in vitro diagnostic medical devices, outer packaging, compostable plastic packaging, packaging used for the transport of dangerous goods, contact-sensitive plastic packaging for food intended exclusively for infants/young children, packaging for primary packaging supplies for the production of medicines and veterinary medicines.

Furthermore, derogations also apply to plastic packaging intended to come into contact with food products if the quantity of recycled content poses a threat to human health and causes the packaged products to not comply with Regulation 1935/2004.

Additionally, there is no obligation for minimum recycled content for any plastic part that represents less than 5% of the total weight of the entire packaging unit.

The Commission, by January 1, 2028, may assess the need for further derogations beyond those listed above and may derogate from the minimum recycled content percentages for PET or plastic packaging referred to in point d) of paragraph 1, Article 7.

The future outlook suggests that the obligation for minimum recycled content will not remain exclusive to plastic packaging. By February 12, 2032, the Commission will review the situation regarding the use of recycled packaging materials in packaging other than plastic and assess whether to establish measures to increase the use of recycled content in these other materials as well.

Labeling of recycled packaging

Pursuant to Article 12 of the Packaging Regulation, from August 12, 2028, packaging placed on the market must be marked with a harmonized label containing information about the materials it is composed of to facilitate sorting by consumers.

It should be noted that in Italy, environmental labeling has been mandatory on all packaging since January 1, 2023. The difference is that the latter can be replaced or integrated with QR codes, apps, and websites, while the harmonized European label may additionally include a QR code or other type of data carrier (paragraph 1), but it consists of pictograms and must be easy to understand, including for people with disabilities.

For plastic packaging with a minimum recycled content, from August 12, 2028, the harmonized label must contain information on the percentage of recycled content.

The harmonized label and QR code must be affixed, printed, or engraved on the packaging in a visible, legible, and durable manner; they must be in one or more languages understandable in the Member State where they are intended.

By August 12, 2026, the Commission will adopt implementing acts to define a harmonized label.

By February 12, 2027, packaging included in an EPR system may be identified through a corresponding symbol in a QR code.

For informational purposes, it should be noted that the Ecodesign Regulation (2024/1781/EU) and the Construction Products Regulation (2024/3110/EU) also provide for new environmental labeling for products.

Label for packaging waste containers

The introduction (by August 12, 2028) of a further harmonized label to be printed or engraved on all containers for the collection of packaging waste in a visible, legible, and indelible manner is also foreseen.

How environmental claims on packaging must be made

Environmental claims, referred to in Directive 2005/29 (recently amended by the Greenwashing Directive [1]), can only be made in relation to packaging if:

  • The claims are provided only in relation to the properties of the packaging that exceed the applicable minimum requirements.
  • The claims specify whether they refer to the packaging unit, part of the unit, or all packaging placed on the market by an operator.

Compliance can be demonstrated through the technical documentation of the packaging referred to in Annexes VII and VIII (declaration of conformity).

The EU Declaration of Conformity

All provisions on recyclability, recycled content, and labeling are demonstrated through the EU Declaration of Conformity (Article 39).

The EU Declaration of Conformity is drawn up by the manufacturer for each packaging and contains the declaration of conformity of the packaging with the requirements of the Packaging Regulation itself, as indicated in Annex VIII.

Calculation of the weight of recycled packaging waste

Member States calculate the weight of recycled packaging waste in a given calendar year (Article 53).

The weight of recycled packaging waste is calculated as the weight of packaging that has become waste which, after undergoing all necessary control, sorting, and other preliminary operations to remove waste materials not affected by subsequent reprocessing and to ensure high-quality recycling, is fed into the recycling operation whereby the waste materials are effectively reprocessed to obtain products, materials, or substances.

The quantity of packaging waste materials that have ceased to be waste as a result of a preparatory operation before being reprocessed can be counted as recycled, provided that these materials are intended for subsequent reprocessing to obtain products, materials, or substances to be used for their original function or for other purposes. However, materials that no longer qualify as waste and are used as fuels or other means to produce energy or are incinerated, used for landfilling, or disposed of in landfills cannot be counted as recycled.

Recycled content in Green Public Procurement

To expand the market for sustainable packaging, the Commission will adopt, pursuant to Article 63, by February 12, 2030, implementing acts specifying the mandatory minimum requirements for public procurement of packaging or packaged products or for services that use packaging or packaged products, where packaging or packaged products represent more than 30% of the estimated value of the contract or the value of the products used by the services subject to the contract.

The mandatory minimum requirements for green public procurement are based on the requirements set out in Articles 5 to 11 of the Regulation and therefore also concern the obligation of a minimum recycled content in plastic packaging.

It is worth noting that while in Italy, Green Public Procurement is widespread and the inclusion of mandatory minimum criteria in public tenders has been an obligation since 2017, in Europe, there is no top-down obligation. Each State has different provisions regarding GPP.

However, European regulations in various sectors are increasingly introducing obligations related to greener public procurement. Article 63 of the Packaging Regulation is a concrete example, but it’s not the only one.

The Ecodesign Regulation stipulates that contracting authorities will be obliged to assign a minimum weighting of between 20% and 30% to the recycled content of the products in question.

Similarly, the Construction Products Regulation (2024/3110/EU) provides for Green Public Procurement, meaning tenders require minimum environmental sustainability performance for construction products, presumably including a share of recycled content.

[1] For an in-depth look at the Greenwashing Directive, see this link: https://www.remadeinitaly.it/pacchetto-direttive-green-claims/.