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The regulation of packaging waste is not a new concept in the EU or in Ireland, with the adoption of the Packaging and Packaging Waste Directive 94/62/EC (the PPWD) taking place in 1994. One of the main aims of the PPWD was the harmonisation of national measures concerning the management of packaging and packaging waste across the EU. In Ireland, the PPWD was implemented by way of the European Union (Packaging) Regulations 2014 (S.I. No. 282 of 2014). The PPWD has undergone a number of revisions since its adoption and is now set to be replaced by the new Packaging and Packaging Waste Regulation 2025/40 (the PPWR).
Unlike the PPWD, the PPWR will be directly effective throughout the EU without the requirement for Member States to transpose its provisions into national law. This will result in increased harmonisation of packaging regulation throughout the EU.
The PPWR entered into force on 11 February 2025, with the majority of provisions set to take effect from August 2026. It aims to reduce packaging waste in the EU, increase the re-use or recycling of packaging and support the transition to a circular, competitive and sustainable economy. Packaging circularity is a major focus of the PPWR with provisions focussing on the recyclability of packaging and the substitution of primary raw materials with recycled materials. The underlying principle behind the PPWR is that packaging should be as large as necessary, but as small as possible, to limit waste and the consumption of valuable raw materials.
The PPWR covers the entire packaging life cycle in an effort to harmonise manufacturing, recycling and reuse measures. Article 43 of the PPWR sets out an obligation on each Member State to reduce packaging waste per capita by at least 5% by 2030; 10% by 2035 and 15% by 2040, relative to 2018.
This article will look at some of the key dates and changes set out in the PPWR, before turning to look at its practical effects on businesses in Ireland.
Key dates
Key changes
1. Mandatory labelling, marking and information requirements
Chapter III of the PPWR deals with labelling, marking and information requirements. This chapter provides that all packaging must adhere to stringent sustainability standards, minimising harmful substances and ensuring materials are recyclable. This includes clear labelling to guide proper recycling and reuse.
Packaging must contain information that enlightens the people receiving or disposing of the products about the ingredients processed in the packaging. This ensures correct disposal, recycling and reuse.
The PPWR provides for the introduction of a new ‘harmonised labelling system’, a system based on material composition to allow for the sorting of waste. This includes symbols on packaging and waste receptacles to facilitate proper disposal.
Under Article 16 of the PPWR suppliers of packaging or packaging materials must provide certain information and documents to certify conformity with the Regulation. This will assist and inform retailers and distributors.
2. Extended producer responsibility (EPR)
Article 45 of the PPWR introduces a harmonised EPR regime, making producers accountable for the entire lifecycle of their packaging. This extends to funding collection, sorting and recycling processes. Fees will be modulated based on recyclability performance grades. Article 3(1)(15) of the PPWR contains a harmonised definition of “producer” which includes manufacturers, importers, distributors, and, in some cases, logistics companies, as well as online platforms and distance sellers.
Notably, e-commerce businesses must appoint an authorised representative in each Member State where they operate (except in the Member State where the business is established) to ensure compliance with the PPWR, as set out in Article 45(3). This provision is essential for all traders who ship to several countries in Europe.
Producers must finance the collection, sorting and recycling of packaging waste, with contributions to be modulated based on recyclability performance grades. Producers must also register and report packaging data to national authorities. This includes information on both the quantities and types of packaging placed on the market. Each Member State must establish a national, publicly available register of producers.
3. Reduction of unnecessary packaging and promotion of reuse.
Article 1 of the PPWR establishes requirements for packaging waste prevention and specifically calls out the need for a reduction in unnecessary packaging. Businesses are required to minimise packaging volume and weight in order to eliminate superfluous materials. This should already be a standard for economic reasons – packaging should be as large as necessary, but as small as possible, to limit material consumption. Packaging, for instance, that aims to increase the perceived size of the product with double walls, false bottoms, or unnecessary layers, should not be circulated. The PPWR also provides that packaging must be designed for reuse, with specific requirements for durability.
Article 52 sets targets for reusable packaging, compelling companies to integrate reuse systems into their operations.
4. Sustainability and recyclability requirements
One of the main initiatives supported by the PPWR is the imperative that all packaging introduced to the EU market be recyclable, aligning with circular economy principles. The recyclability targets and requirements under the PPWR are outlined in Article 6. This necessitates design innovations and material choices that facilitate recycling. A timeline is outlined in the PPWR which provides that, starting January 2030, plastic packaging must contain a specified minimum percentage of recycled content, encouraging the use of recycled materials and reducing reliance on virgin plastics.
All packaging must meet strict sustainability and recyclability criteria (around weight/volume). From 2030, all packaging must meet recyclability performance grades (A, B, or C as set out in Annex II, Table 3 of the PPWR); any packaging below grade C will be considered to be technically non-recyclable and will be restricted from the market. From 1 January 2038, packaging will need to meet at least grade B in order to be placed on the market.
The PPWR’s definitions of what is considered recyclable, as set out in Article 6, are somewhat cryptic and vague. Future delegated legislation will likely expand on what is required in order for packaging to satisfy the recyclability requirement.
In general, under the PPWR, packaging is considered recyclable if it meets the following requirements:
5. Requirements for substances in packaging
Articles 5 restricts substances that hinder recycling or pose risks to human health and the environment, ensuring that recycled materials are safe and of high quality.
Specific restrictions apply to heavy metals like lead, cadmium, mercury, and hexavalent chromium. The PPWR also provides that from 12 August 2026, food-contact packaging placed on the EU market must not contain per- and polyfluorinated alkyl substances (PFAS) above specified concentration limits.
What are the practical effects on businesses in Ireland?
1. Increased compliance obligations
There is a requirement now for businesses to invest in redesigning packaging to meet recyclability and minimisation requirements. This includes sourcing materials with higher recycled content and ensuring compatibility with recycling processes.
Financial contributions to EPR schemes will increase. This will have a significant effect on packaging with lower recyclability grades. It will be important that businesses budget in advance for these additional costs.
2. Operational adjustments
Companies will need to redesign packaging to meet recyclability and sustainability standards, potentially leading to increased costs. Additionally, implementing reuse schemes may require overhauling existing logistics and supply chain processes. Implementing the harmonised labelling system and maintaining detailed technical documentation will likely require increased administrative resources.
3. Impact on marketplaces and fulfilment service providers
Marketplaces are mandated to verify that sellers comply with EPR obligations, potentially restricting non-compliant businesses from their platforms. Fulfilment service providers may also face new responsibilities to ensure the packaging they handle meets regulatory standards.
4. Opportunities for innovation
The PPWR encourages the development of sustainable packaging solutions, opening avenues for innovation. Businesses that proactively adapt may gain a competitive edge in the evolving market landscape and take advantage of competitors who are slower to adapt to the new regulatory requirements and challenges.
5. Penalties
Non-compliance with the PPWR can result in administrative fines and restrictions on placing non-compliant packaging on the market.
Conclusion
Overall, the PPWR seeks to give effect to circular economy principles by keeping packaging materials in use for longer, reducing waste, promoting reuse and recycling, and ensuring that packaging is designed for circularity from the outset. It shifts responsibility to producers, harmonises requirements across the EU, and creates economic incentives for sustainable packaging solutions. While businesses will have to adapt to comply with the PPWR, it also provides opportunities for businesses willing to innovate and move towards more sustainable packaging.
With thanks to Jane Kirby for her assistance in the preparation of this article.
For more information in relation to this topic, please contact Alison Fanagan, Consultant, Rachel Kemp, Senior Knowledge Lawyer or another member of our Environmental & Planning Team.
Date published: 7 October 2025
