March 2025

by Cristina Stoica and Bianca Popescu

Packaging accounts for 36% of municipal solid waste in the European Union, according to Commission Statistics (Eurostat).

According to European Union regulations, in order to reduce the negative impact on the environment and to promote a circular economy, they must gradually be reusable or recyclable in an economically viable way. Thus, starting with August 2026, economic operators will be obliged to comply with new rules, applicable in stages, to increase the recycling and reuse of packaging management regardless of the type of material used. The new measures are imposed by Regulation (EU) 2025/40 on Packaging and Packaging Waste Regulation (PPWR Regulation), an act which is directly applicable in national law from its entry into force on 11 February 2025. The rules are also applicable to packaging waste, regardless of whether it is used in industry, other production activities, retail or distribution, offices, services or households, or whether such packaging waste originates from it.

Thus, from 2030, packaging that does not reach the minimum recyclability performance threshold imposed by the PPWR Regulation will be banned, which will be assessed according to performance classes, according to which any packaging unit placed on the market will have to contain a minimum percentage of recycled content recovered from post-consumer plastic waste.

To encourage recycling and to promote reusable packaging, the PPWR regulation requires manufacturers to ensure by January 1, 2030 the eco-design of packaging in such a way that its volume and weight are minimized, while maintaining its ability to perform packaging functions. For example, the Regulation requires that double-walled packaging, false bottoms and other features that only aim to increase the perceived volume of the product should, in principle, be eliminated. This approach seems to confirm the rules already adopted at national level to discourage the use of packaging which disguises the reduction in the quantity of the marketed products and which may give rise to misleading commercial practices (Shrinkflation).

Another important aspect required by the PPWR Regulation concerns extended producer responsibility (EPR) and establishes, as a principle, the full coverage of the costs of managing packaging waste and the facilitating of adequate controls by the competent authorities.

The phasing out of some categories of single-use packaging is another significant change imposed by the PPWR Regulation. Thus, for example, within the limits of the exceptions provided for in Annex V, packaging used for pre-packaged fresh fruit and vegetables weighing less than 1.5 kg, single-use plastic packaging (in the HORECA sector) containing individual portions or doses, used for spices, jam or jam, sauces, coffee milk, sugar and spices, some packaging for cosmetic products,  hygiene and toiletries intended for use in the accommodation sector, as well as very thin transport bags for bulk foodstuffs, except those used for hygiene reasons or used to prevent food waste, will be prohibited. Until the restrictions come into force, the limitations on the marketing of plastic products, imposed by Directive (EU) 2019/904, will continue to apply. They will gradually be harmonized with the provisions of the PPWR Regulation. In the meantime, it remains to be seen how the measures to revise the national legislation (Government Ordinance no. 6/2021) recently imposed by the European Commission to correctly transpose EU Directive 2019/904 will be implemented.

In addition, the PPWR Regulation provides that economic operators who sell “to go” products will, by:

• 12 February 2027, organize a system allowing consumers to use their own containers when purchasing products and refilling for certain categories of products,
• 12 February 2028, to develop reuse systems so that, starting from this date, to provide customers with options for purchasing hot/cold beverages or ready-to-eat foods in reusable packaging.

The changes are also reflected in the field of consumer protection by requiring the economic operators to correctly and transparently inform consumers by providing information in an accessible way about the process of recycling/reuse of packaging. Thus, the PPWR Regulation requires, inter alia, that all packaging to be placed on the Union market must bear a harmonized labelling based on pictograms indicating concisely and easily understandable to consumers, including persons with disabilities, information on instructions for the correct sorting of waste and how to contribute effectively to the recycling process. By 12 August 2026, the Commission will adopt implementing acts to establish the harmonized label and specifications.

Moreover, Member States will need to support the use of recyclable packaging by implementing deposit and return system for certain product categories, providing economic incentives for recycling. The objective? Recycling at high standards to obtain quality secondary raw materials for efficient recycling, thereby creating the conditions for fulfilling the obligations to reuse recycled plastic.

To ensure the effective implementation of the PPWR Regulation, the European Commission will adopt, by August 2026 and in the following years, a broad range of additional measures to support economic operators and authorities involved in the implementation of the new requirements.

Although the implementation of the PPWR Regulation will be progressive, economic operators should be proactive, and adapt their production, distribution and marketing strategies in advance to align with the new requirements. All the more so as even more ambitious sustainability and recycling targets are foreseen beyond 2040 under the PPWR Regulation.

The Romanian version of the article is available HERE.

Details about our Consumer Protection, Retail and Advertising practice are available HERE.