On 5 June, the European Commission published a Commission Notice providing further clarity about the Packaging and Packaging Waste Regulation (PPWR) in practice.
We take a closer look at the document to understand its requirements in detail, including the current status of PFAS restrictions, the intricacies of recycling and reuse derogations, and the proof needed to demonstrate compliance.
There has been some confusion over the Commission Notice. During the EU Waste Expert Group on 20 May 2026, the Commission announced that the existing document was outdated – but the official version published on 5 June had only undergone a few minor changes in the footnotes.
Nevertheless, the document provides some insight into various aspects of the PPWR that have raised questions across the packaging industry.
PFAS in food-contact packaging
The Commission highlights that there is no harmonized methodology for calculating PFAS in food packaging at the EU level. Instead, it recommends a stepwise approach.
Economic operators should first undertake total fluorine quantification. If the result falls below 50 mg/kg, the sample may be considered compliant.
If it is above 50 mg/kg, operators could use methods such as pyrolysis-GC/MS to confirm whether the fluorine is organic or inorganic. If the organic fluorine is below 50 mg/kg, the sample could be considered compliant.
Direct total oxidizable precursors analysis is also recommended to check whether packaging is compliant with the 25 μg/kg (17) and 250 μg/kg concentration limit.
The Commission adds that there is no transitional period for the exhaustion of stocks regarding packaging produced before 12 August 2026 that contains PFAS. In short, food-contact packaging placed on the market after 12 August 2026 must not exceed the PFAS limit, but pre-existing packaging does not need to be withdrawn.
‘Making available’ for beverage reuse
Articles 3(11) and 29(6) of the PPWR use the term ‘making available’ to refer to final distributors – restaurants, bars, retail shops, etc. – providing beverages in sales packaging. In distance sales, the final distributor is the economic operator that sells beverages in sales packaging via a website.
The Commission states that ‘making available’ does not require the actual completion of a sale, but requires the relevant economic operator to provide at least 10% of its beverages in reusable sales packaging.
The Commission plans to harmonize the calculation of reuse targets for beverages in an implementing act adopted in line with Article 30(3).
It also reiterates that large reusable beverage containers used in business-to-business transactions, such as beer kegs, do not contribute to the HORECA sector’s reuse targets, since the beverages they contain are not made available to consumers in sales packaging.
“Only when the filled large reusable container is made available to a consumer can the beverage container contribute towards the re-use targets of the beverage distributor,” the Commission explains. “By contrast, in case of smaller beverage packaging, such as reusable bottles, they shall count towards the reuse targets, as they are sales packaging and can be provided directly to consumers.”
Transport packaging
The Commission differentiates between a) packaging placed on the market before the PPWR entered into force, and b) packaging placed on the market after entry into force but before the application of the implementing act on labelling for reusable packaging, scheduled for 12 August 2026.
Packaging in category (a) may remain in circulation until it is considered functionally or operationally obsolete. Anything in category (b) must comply with the latest labelling requirements by February 2032.
In practice, this means that any packaging placed on the market between February 2025 and August 2026 will need to be refurbished in line with the new labelling rules by February 2032.
Design for recycling and end-of-life treatment
As per Article 48(1) of the PPWR, any packaging that complies with Article 6’s design for recycling criteria may not be landfilled or incinerated after 1 January 2030.
The same materials considered exempt from design for recycling are also exempt from the ban on landfilling and incinerating waste. These include lightweight wood, cork, textile, rubber, ceramic, porcelain and wax.
Packaging waste that has been separately collected, sorted and treated, but is not considered feasible for recycling – or where recycling does not deliver the best environmental outcome – is also considered exempt from the ban.
Even if Member States choose to derogate separate collection requirements for material that a) would not affect recycling capabilities if collected altogether and b) would not undergo a substantial difference in recyclate quality between separated or unseparated waste streams, the ban on incineration and landfilling still applies.
Reusable packaging
In response to Article 29(1), the Commission concedes that some of the packaging formats listed under the PPWR’s reuse requirements sometimes contain products that ‘may make their re-use either impossible or possible but only at disproportionate costs and resource use.’
These products include paints, pesticides, plasters, or adhesives. According to the Commission, ‘such viscous filling materials may harden in the packaging after opening or the filling material may migrate into the packaging material and contaminate it.’
Therefore, it states that only sales packaging with an ‘evident’ transport function is held to legally binding reuse targets, and its reusability may depend on the filling product. It adds that the requirement for transporting products could be indicated by a special packaging design, shape, or size, among other examples.
The guidance also specifies that reuse targets for transport packaging (and sales packaging used for transporting products) only apply within the territory of the Union – meaning both the importer and distributor must be located within the EU.
Imports from third countries are held to reuse targets from the moment of import – i.e., the first warehouse it reaches within the EU – and will apply while the product is circulated on the EU market.
Exceeding reuse targets
Under Article 29(14) of the PPWR, Member States may exempt economic operators from fulfilling reuse targets in their territories for a period of 5 years. This will be permitted if the Member State has exceeded their recycling targets per waste material by five percentage points, and is on track to do the same for the 2030 targets.
The Member State must also be on track to meet the waste prevention targets set out in Article 43 and can demonstrate that it will reduce packaging waste it generates per capita by at least 3% by 2028 (compared to a 2018 baseline).
The economic operators must also adopt a corporate waste prevention and recycling plan that contributes to achieving the waste prevention and recycling objectives set out in Article 43 and 52 of the PPWR, respectively.
The Commission clarifies that exemptions can be applied on a material basis, so a Member State does not need to exceed their recycling targets for every material to apply an exemption for one packaging format.
However, an exemption cannot apply to composite packaging unless the recycling targets for every material that represents more than 5% of the pack’s unit weight have been exceeded.
The Member State must also be on track to meet the overall waste prevention target for all packaging waste generated in the exempting Member State.
Member States may renew the five-year exemption period if they fulfil the waste prevention targets set for 2035 and 2040.
Proof of exemptions
The document clarifies two exemptions from the PPWR’s recycled content requirements, as specified in Article 7(5): food-contact packaging where the presence of recycled content would pose a threat to human health, and plastic parts that represent less than 5% of the total weight of the packaging unit.
Neither the Commission nor national competent authorities need to specifically grant these exemptions, as they apply directly. However, the manufacturer must provide documented evidence of their compliance with the exemption requirements.
For plastic parts, this documentation must specify which polymer the component is made from, and confirm that Annex I of Regulation (EU) 2022/1616 does not list a suitable, industrial-scale recycling technology for that polymer.
By 1 January 2028, the Commission plans to assess the need for granting further exemptions from the recycled content obligations for plastic packaging, or for revising the existing exemptions listed in Article 7(4) of the PPWR.
A similar expectation applies to reuse target exemptions, as set out in Article 29(4). These apply to economic operators that custom-design transport packaging to fit their individual requirements when shipping large-scale machinery, equipment or commodities.
For this exemption to apply, the technical documentation must include proof that the packaging was designed especially to fit an individual product.
Compostable packaging
Until 12 August 2026, Member States may decide whether packaging formats other than those listed in Article 9(1) and in point (a) of Article 9(2) should be industrially compostable on their territories. Any decisions must be communicated clearly to the economic operators, to the general public, and to the Commission.
The PPWR allows home compostability for certain plastic packaging items, as specified in Article 9(1); but the Commission states that this should only be considered in the context of specific local conditions and implemented under the supervision of the relevant authorities.
Any national rules regarding home compostability may be applied before the adoption of the relevant harmonized standards, or even in their absence. Like their industrial counterparts, they must be clearly communicated to the Commission, economic operators, and the public.
The Commission says it will request the European standardisation bodies to create a new, EU-wide standard on home compostability, pursuant to Article 9(6), by 12 February 2026. The existing standard EN 13432 on industrial composting can be used as guidance until the new standard is adopted.
Labelling
Member States must adhere to the PPWR’s labelling rules, as specified in Article 12, by 12 August 2028. National labels and rules will not be permitted – and it is also worth noting that Member States will not be permitted to keep their national labels next to EU harmonized labels after 12 February 2029.
As such, the Commission recommends that Member States repeal or adapt their individual labelling measures before the cut-off date to allow for a transition period.
The numbering and abbreviation identification system set out in Commission Decision 97/129 of 28 January 1997, designed to help waste managers sort end-of-life packaging, will still apply until 12 August 2028. Until then, no other identification system is allowed.
The PPWR’s new system is designed to help consumers sort their own packaging waste. As such, the rules will not apply to packaging targeted at specialist end-users, such as human or veterinary medicinal products, medical devices or in vitro diagnostic medical devices.
While e-commerce packaging will still need to adhere to the labelling requirements, transport packaging will not. Packaging designed for deposit return systems is also considered exempt, but Member States may require economic operators to apply a harmonized colour label.
Member States are not allowed to prohibit deposit return labels affixed in other Member States, whether the deposit return scheme in question is mandatory or not. The harmonized label is expected to prevent barriers to the internal market.
Labels for recycled and biobased content are set to be fully harmonized from 12 August 2028, as per Article 12(4), but these labels are voluntary. If economic operators wish to signal that their packaging contains recycled or biobased content, they must do so under the EU’s harmonized technical specifications.
The Commission plans to publish specifications for the waste sorting labels in an implementing act by 12 August 2026.
This document does not constitute legal advice or official regulatory guidance. For further clarification on the Packaging and Packaging Waste’s implications for your business, please refer to the Commission Notice or the full legal text.
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