On 30th March, the European Commission eventually published the Guidance document on the PPWR.

The document is attached to this email and available here. This Guidance document was published together with a set of frequently asked questions (FAQs) available here and attached. The document includes questions on most sustainability requirements and PPWR articles.

The Commission’s Guidance document will be translated into all EU official languages before being formally adopted. It provides the Commission’s interpretation of selected provisions of the PPWR and aims to “support the effective and timely implementation of the Regulation by economic operators and Member States.” Please note that this document is legally non-binding, and that the binding interpretation of EU legislation remains the exclusive competence of the EU Court of Justice.

Compared to previously circulated drafts of the Guidance, the document has not changed significantly in substance, although the language has been refined. Several aspects that were previously identified as unclear or unsatisfactory unfortunately remain. In reaction, FESI has shared the consolidated version of its open questions and supports a call for the EU Commission to organise a high-level dialogue between the Commission, Member States and industry. FESI is also in touch with the Commission and various packaging organisations in order to set up a webinar on PPWR now that the guidance is out.

Please find a non-exhaustive overview of key elements from the Guidance further below. As we continue analysing both the Guidance document and FAQ, please do not hesitate to share any reactions or insights on the documents with us in the meantime.

PPWR Guidance document: Non-exhaustive overview

Recyclability:

• The section on Article 6.1 provides the same Commission reading seen in previous versions. Despite the repeal of the PPWD from 12 August 2026, the Commission’s Notice underlines that “until the date of application of Article 6(2)(a) of the PPWR on design for recycling requirements, manufacturers must comply only with the recyclability requirement in accordance with the PPWD and the related harmonised standard EN 13430:2004 - Requirements for packaging recoverable by material recycling”.
• It adds again that “Manufacturers do not need to perform the conformity assessment procedure in accordance with Article 38 and Annex VII of the PPWR for recyclability until the entry into force of the delegated act(s) under Article 6(4) PPWR.” - point that we had underlined would alone be sufficient to provide the clarification needed.  

PFAS restriction:

• The document confirms the Commission’s recommended stepwise approach to PFAS testing, whereby Total Fluorine (TF) quantification represents step 1. If TF is below 50 mg/kg, the sample could be considered compliant.
• The document still contains clarifications on stocks management, and underlines that the PPWR does not foresee a transitional period for the exhaustion of stocks. Therefore, food-contact packaging placed on the market after 12 August 2026 must comply with the PFAS limits, and the placing on the market occurs when there is an offer or an agreement between parties regarding “the transfer of ownership, possession or any other property right”, done “for payment or free of charge”, once a manufacturing stage of the product is completed.
• As anticipated, the text does not provide any insights on a harmonised methodology for PFAS in food contact packaging at EU level (the Commission and a selected TF under the Waste Expert Group are currently working on this), nor on conformity procedures.

Recycled content:

• The Guidance underlines that the exemptions provided in Article 7(5) apply directly and therefore do not need to be specifically granted by the Commission or by the national competent authorities. It adds, however, that for the exemptions to apply, the manufacturer must justify the use of the exemptions in the technical documentation, by providing documented evidence (e.g. on the absence of authorised recycling technologies). It adds that “To qualify for the exemption in Article 7(5)(a), the technical documentation must specify, for each plastic part that represents 5% or more of the total weight of the packaging unit, the polymer used.”

Packaging restrictions:

• As seen in previous versions, the Guidance underlines that in the absence of a definition of “single-use plastic packaging”, composite packaging, including paper-based packaging containing 5% or more plastic, is covered by the packaging bans in Article 25 and Annex V, points 1– 4.
• The Guidance does not provide further clarifications on the scope of Annex V, including V.1, despite industry’s requests.

Relationship between PPWR & SUPD:

• The text seems to have been refined compared to previous drafts. It elaborates on the relationship between the PPWR and SUPD and underlines that packaging that is not covered by the restrictions in Annex V remains subject to the SUPD where it qualifies as a single-use plastic product within the meaning of Article 3(2) of the Directive. In such cases, Article 4 of the SUPD continues to apply, requiring Member States to adopt measures to reduce consumption of cups for beverages and rigid food containers used to contain food for immediate consumption.
• Please note that this section adds a note on the SUPD review: “Finally, in view of the evaluation of the SUPD due in 2027, the Commission will assess the need to review the Directive, including to ensure coherence and consistency with the PPWR, promote a Single Market for packaging, and secure a level playing field.”

Minimisation & empty space:

• The Guidance recalls the minimisation obligations under Article 10, including the mandate for the Commission to request CEN to update the existing standard by 12 February 2027, to update the methodology for assessment and provide for the maximum adequate weight and volume limits for the most common packaging types and formats.
• It adds that according to Article 70(1)(b) of the PPWR, the existing packaging minimisation requirements and their compliance standard will remain in effect until the end of 2029.
• The document also addresses, although generically, the relationship between the minimisation requirements in Article 10 and the empty space ratio in Article 24.

Labelling:

• The Guidance underlines that the objective of the labelling requirements provided for in Article 12(1) is to improve the sorting of packaging waste by consumers (previous versions suggested that industrial and commercial packaging were subject to the requirement).
• It adds, on a positive note, that “As Article 12 fully harmonises packaging labelling in the Union, Member States are not allowed to adopt other national mandatory packaging labelling requirements. This is justified by the significant impact on the internal market impact of packaging labelling requirements.”

Reuse - Sales packaging used for transporting products:

• The Guidance addresses the meaning of “sales packaging used for transporting products” under Article 29 (reuse targets). It underlines that whether sales packaging can be reused depends primarily on the filling product, and that only sales packaging with an evident transport function is covered by the re-use targets. Several illustrative examples are provided.

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