The European Parliament approves the new Packaging and Packaging Waste Regulation

The way we produce, use, and dispose of packaging is changing. With the new Packaging and Packaging Waste Regulation (PPWR), businesses across the EU face stricter requirements aimed at reducing waste and promoting sustainability. But what does this mean for you? In this article, Circular Compliance & Nutcreatives introduce the most important updates and key examples regarding the future direction of the packaging sector, breaking down the key changes and their impact on producers, retailers, and consumers alike.

A step towards circular packaging

The environmental impact of packaging is a well-known problem that demands urgent measures and new ways of designing, producing, and consuming. According to the European Environment Agency, the volume of packaging waste in EU Member States increased by 15% between 2013 and 2020, reaching nearly 80 million tonnes. Currently, it is estimated that around 64% of this waste is recycled, according to official data, although recycling rates vary significantly by material type. However, some organizations report that the actual amount of waste being recycled is even lower, underscoring the urgent need to enhance packaging recyclability and reduce overall waste production.A systemic change is essential to reduce the environmental consequences associated with both the production of packaging, which typically has a short lifespan, and the waste generated, much of which ends up in the natural environment, impacting ecosystems and all the living beings that inhabit them.On April 24th 2024, the European Parliament approved the latest text of the new Packaging and Packaging Waste Regulation (PPWR). Although the approval from the Council is still pending for its final adoption, this Regulation marks a significant step towards a more sustainable model.The proposed Regulation seeks to harmonize national measures on packaging and waste management, aiming to provide a high level of environmental protection and ensure the smooth functioning of the internal market. The latest amendments include measures to minimize the generation of packaging waste and promote reuse, recycling, and recovery, rather than resorting to final disposal.

Key aspects of the new Packaging Regulation

The PPWR outlines various requirements that must be met, which need to be addressed by the design departments within manufacturing companies and implemented at the production level. Although the Regulation is quite comprehensive, the most important aspects for producers include (1) recyclability requirements, (2) the incorporation of recycled material, (3) reduction in packaging volume, (4) material labeling, and (5) eco-modulations on fees that producers must pay.In the following lines, we will elaborate on each of these requirements and provide examples to illustrate them.

1. Recyclability requirements

Recyclability refers to the actual potential for packaging to be recycled. This means that it must be technically possible to recycle the material and that established recycling streams must exist in the region where the product is sold.

According to the Regulation, packaging must meet two conditions to be considered recyclable:

Material Recyclability: The design must ensure that the recycling of materials is feasible so that the resulting secondary raw materials are of sufficient quality to replace virgin materials. This requirement will take effect starting January 1, 2030.
On a technical level, the packaging components should be easily separable, with a preference for monomaterial packaging to ensure greater recyclability. However, the specific details of this requirement have not yet been published. The European Commission is expected to release these specifications around 2028, based on input from the European Standards Organizations.
Scalability: Packaging must be compatible with the automated waste management systems available in the market where the product is sold. This means that once the packaging becomes waste, it can be separately collected, sorted into specific waste streams without affecting the recyclability of other waste streams and recycled at scale.

Another key point agreed upon by the European Parliament is that starting in 2030, packaging will be classified into three categories based on its degree of recyclability. By 2030, products with a recyclability rate of less than 70% will not be allowed to be marketed. This percentage will increase to 80% starting in 2038.

The criteria that defines the degree of recyclability will be determined by elements that hinder the recycling of the packaging, such as the use of additives added to the material, the colour used, barrier layers, labels, caps or small components of the packaging, adhesives, material composition, coatings, the inks used, or even the difficulty of completely emptying the container.

2. Incorporation of Recycled Materials

The new Regulation requires the inclusion of a minimum percentage of recycled material in any plastic component that constitutes more than 5% of the packaging, starting in 2030.Initially, the European Commission aimed for more ambitious targets. However, after negotiations and considerable pressure from industry lobbies, it was decided that this requirement would apply only to plastic packaging, rather than to all types of packaging. By 2030, most plastic packaging not in direct contact with food, beverages, or medical products must include at least 35% recycled material. This percentage is set to increase to 65% by 2040. For single-use plastic bottles, the required recycled content will start at 30% in 2030 and also rise to 65% by 2040

3. Reduction in Packaging Volume

In addition to material requirements, the new Regulation will impose restrictions to minimize unnecessary packaging volume. Starting in January 2030, producers will be required to limit the proportion of empty space in packaging to a maximum of 40%, unless additional space is necessary for important purposes such as product protection, safety, labelling, or transportation. The aim is to prevent brands from enlarging packaging solely to gain a competitive advantage at the point of sale.

4. Labeling

In order to help consumers classify and dispose of packaging waste properly, the Regulation introduces new mandatory labeling for e-commerce packaging, providing information on its material composition. Starting around 2028, all packaging will be required to include a label (affixed, printed, or engraved in a visible, clear, and legible manner) that details its material composition using pictograms. This information must be easily understandable, clear, and unambiguous.

5. Eco Modulations in producers fees

To promote these changes, the Commission will establish a framework in 2028 to adjust the contributions that producers must pay to fulfill their obligations under Extended Producer Responsibility. These contributions will be calculated based on the recyclability of their packaging, so producers with more recyclable packaging will pay less, while those with less recyclable packaging will pay more.Although some Member States have already implemented such measures, this Regulation aims to ensure that all EU countries apply these fees according to the established criteria, thereby creating uniformity in the European market.e them.

The Problem of Multimaterial Packaging

Examples like Tetra Briks illustrate this issue, as they are multimaterial packaging that combine cardboard, polyethylene, and aluminium. These materials cannot be separated effectively for recycling, which increases the cost of waste management and results in low-quality secondary materials, especially aluminium and plastic.

This problem can be addressed at the design stage. By considering the use and end-of-life of the packaging, designers can rethink possibilities and propose innovative solutions that meet the same needs while facilitating better recyclability.

A creative approach to this challenge is demonstrated by the brand “El Tinto al Cuadrado”, which uses a bag-in-box system (Image 1). This system features a cardboard box containing a bag that isolates the wine from the environment. The design allows for very easy separation of materials once the wine has been consumed, showcasing how thoughtful packaging design can lead to better recycling outcomes and reduce environmental impact. Nevertheless, the inner plastic bag still requires multiple layers to ensure the quality of the wine, which complicates its end-of-life management. The challenge of developing monomaterial solutions suitable for preserving food remains to be addressed.

How can we solve Labeling Issues without harming Packaging Recyclability?

Labeling can sometimes pose a problem for recycling packaging, especially when the label material differs from that of the packaging. This issue is compounded by the use of inks and adhesives. Solutions include using water-based inks or adhesives that dissolve in water. Another option is to eliminate labels altogether, replacing them with direct printing or even engraving on the packaging itself. These approaches can help maintain the recyclability of the packaging while still providing necessary product information.

Hune’s packaging (Image 2) serves as an exemplary model of sustainable design. It is designed to be 100% recyclable, avoiding the use of adhesives and plastic coatings. For its graphics, Hune uses vegetable-based inks applied through direct printing, eliminating the need for separate labels. The design also emphasizes reducing volume and weight to the minimum necessary. Moreover, the packaging is made from materials sourced from controlled origins with FSC certification and includes a percentage of recycled material, further enhancing its eco-friendly profile.

What else should be taken into account?

The European Parliament has set a guideline that defines minimum requirements, but it is important to understand that each country can choose to be more ambitious and raise the standards, demanding more stringent requirements from producers beyond what the law mandates. Additionally, countries may even choose to implement these rules ahead of schedule. Recycling companies may also impose additional criteria aimed at improving the quality of secondary materials, and distributors can set their own guidelines for accepting the products sold in their stores.

Packaging involves more complexity than it might seem at first glance; factors such as materials, weights, and the relationships between different components within the same package must be considered to assess its recyclability.

The diagram below (Image 3) illustrates how these elements interrelate. This creates a complex system where many concepts are at play, offering a certain degree of flexibility to adjust variables and align with regulatory requirements.

Focusing on monomaterial packaging, using water-based adhesives and inks, reducing packaging volume, avoiding the use of masterbatch that is undetectable by NIR (Near InfraRed spectroscopy) sorting systems in plastic packaging, and adopting refillable packaging models are some examples of strategies we can implement to improve recyclability in the packaging sector.

So, how do we put this all into practice?

In order to develop projects for designing (or redesigning) more sustainable packaging, it is essential to have a thorough understanding of the regulations, usage requirements, materials, industry capabilities, the end user, the business model, and its impact. With this information, we can identify the issues, opportunities for improvement, and challenges to be addressed.

Incorporating these practices into the design process of new products is crucial, ensuring that solutions are applied from the conception of the packaging rather than as a later adjustment. As experts in design, sustainability, and compliance with environmental regulations, we are ready to assist you in this process. Our goal is to find a packaging solution that meets all needs, including regulatory requirements, user experience, and business considerations, while minimizing environmental impact.

Despite the approval of this Regulation, there are still aspects that may be subject to changes and specification of some requirements. These will be determined over the coming months and years through EU delegated acts and implementing acts.

It is important to highlight that some of the large distribution companies already establish their own ESG (Environmental, Social, and Governance) criteria, often more stringent than the European regulations themselves. Companies wishing to sell through these distributors will need to adapt in order to compete in the market, even before the adoption of the law. The most efficient approach is to start taking measures as soon as possible to align with the regulations, not only because of the legal obligation but also to be aware of and responsible for our impact and our duty as producers.

How can we help you?

At Circular Compliance, in collaboration with Nutcreatives, we are committed to guiding companies through this transition. We will support you throughout the entire process, offering assistance in the following areas:

+ Recyclability assessment of your current packaging.

+ Proposals for recyclability improvements tailored to your specific product.

+ Proposals for redesigning your packaging in accordance with the regulations.

+ Advice and support on required design modifications.

+ Support in finding new suppliers.

+ Definition of a roadmap for implementation.

+ Identification of strategies applicable in the medium and long term.

+ Carbon footprint comparison of your current and projected packaging.

Get in touch with us if you want to assess your company’s current situation concerning this Regulation. Together, we can analyze it and determine the best path forward for positive change. 💪

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