Packaging and packaging waste regulation ("PPWR"): new obligations for businesses

Regulation (EU) 2025/40 (the so-called “PPWR”) introduces new obligations for businesses in relation to packaging. On 30 March 2026, the European Commission published a draft guidance document aimed at clarifying the operational aspects of the new regime; however, it is not yet applicable.

This note analyses, without claiming to be exhaustive, some of the main changes introduced by the PPWR.

Introduction

Regulation (EU) 2025/40, known as the “PPWR” (Packaging and Packaging Waste Regulation), covers the entire life cycle of packaging and applies to all packaging placed on the market within the Union (whether produced domestically or imported from third countries) and to packaging waste generated within the EU. The choice of a regulation, which is directly applicable without the need for national transposition, meets the need to ensure regulatory uniformity across all Member States.

Among the changes with the greatest impact on businesses are the ban on PFAS (per- and polyfluoroalkyl substances) in food contact packaging and the introduction of a new harmonised labelling system for separate waste collection.

On 30 March 2026, the European Commission published a draft guidance document aimed at clarifying the operational aspects of the new regime, not yet applicable. The document will be formally adopted by the Commission at a later date, once all language versions are available. Only from that point onwards will the updated guidance apply.

1. Ban on PFAS in food contact packaging

The dangers of PFAS to human health are now well established. This is clearly highlighted in the PPWR Regulation, which states that, “based on the physical properties of PFAS, particularly their persistence, together with the identified effects on some PFAS, PFAS represent an environmental and human health hazard” (Recital 20).

Furthermore, “PFAS in food-contact materials will inevitably lead to the exposure of humans to PFAS. Due to the non-threshold nature of the PFAS hazards, exposure to PFAS from food-contact materials is an unacceptable risk for human health” (Recital 21).

On this basis, from 12 August 2026, Article 5(5) of the PPWR prohibits the placing on the market of food contact packaging containing PFAS (per- and polyfluorinated alkyl substances) above specific limit values:

• 25 ppb for any PFAS as measured with targeted PFAS analysis (polymeric PFAS excluded from quantification);
  • 250 ppb for the sum of PFAS measured as the sum of targeted PFAS analysis;
    • 50 ppm for total PFAS, including polymeric PFAS.

It should be noted that, from the same date, the presumption of conformity based on Annex C of EN 13428:2004 will no longer apply, as it does not reflect the new PPWR limits.

Furthermore, the PPWR does not provide for any transitional period for the depletion of stocks of packaging containing PFAS produced after 12 August 2026. Packaging already placed on the market before that date may remain on the market, but packaging placed on the market thereafter must comply with the new limits. No exceptions are provided for packaging containing recycled materials.

This is therefore a key factor to consider in procurement planning: businesses using food contact packaging will need to ensure that supplies delivered after 12 August 2026 comply with the new requirements, by requesting the necessary documentation from suppliers in accordance with Article 16 of the PPWR.

2. How will the labelling of packaging for separate collection change?

With specific regard to labelling for separate collection by consumers, the PPWR introduces fully harmonised rules. Member States will not be able to maintain national labelling systems after the deadlines set out in the PPWR (for example, the environmental labelling under Article 219 of Legislative Decree 152/2006)

The requirement will apply from 12 August 2028, or 24 months after the entry into force of the Commission’s implementing acts, whichever is later.

In accordance with Article 12(1), from the date of application, packaging placed on the market must bear a harmonised label providing information on the materials of which it is composed, with the aim of facilitating consumer sorting.

Such label shall be:

1. based on pictograms defined by the Commission; and
2. easily understandable, including for persons with disabilities.

For compostable packaging, the label  shall indicate (i) that the material is compostable, (ii) that it is not suitable for home composting, and (iii) that compostable packaging is not to be discarded in nature.

This regulation will apply to all packaging, including e-commerce packaging. Transport packaging, however, is specifically excluded.

Finally, under Article 12(12), packaging subject to labelling requirements that is manufactured within the Union or imported before the relevant deadlines  and that does not comply with the new rules, may continue to be made available on the market until three years from the date of entry into force of the relevant labelling requirements.

3. Priority actions for businesses

Businesses should take prompt action to ensure compliance with the PPWR.

First, it is necessary to map the packaging portfolio and prepare the relevant technical documentation. It is indeed a priority to verify whether packaging complies with the new PPWR requirements, in order to identify the necessary compliance measures. For food contact packaging, companies should verify the presence of PFAS and request the necessary documentation from suppliers in accordance with Article 16 of the PPWR, in view of the ban entering into force on 12 August 2026.

Finally, it is essential to monitor regulatory developments (for example, the adoption of implementing acts under the PPWR).