The new European Regulation on packaging and packaging waste begins to apply this Wednesday, August 12, in all member states of the European Union. The regulation replaces the community framework established by Directive 94/62/EC and sets requirements for the entire life cycle of packaging: from its design and manufacturing to its reuse, recycling, and management as waste.
The general application begins now, but not all measures have to be complied with from this Wednesday. The Regulation sets a staggered timetable with obligations that will begin in 2027 and 2028 and others that will apply from 2030, 2035, 2038, or 2040.
In Spain, the Regulation is directly applicable and prevails over incompatible national rules; as long as the new Spanish royal decree that adapts it does not come into force, Royal Decree 1055/2022 will continue to apply in all matters not provided for or incompatible with the European regulation.
What changes from this Wednesday?
The first measure with an immediate application date affects PFAS, perfluoroalkyl and polyfluoroalkyl substances: packaging intended to come into contact with food that contains these substances in concentrations equal to or greater than the limits established by the Regulation cannot be introduced into the market: 25 parts per billion for any PFAS, 250 parts per billion for the sum of PFAS, and 50 parts per million for the set of PFAS, including polymeric PFAS.
The measure particularly affects packaging in which these substances have been used for their ability to repel grease and water. This is the case, for example, with some pizza boxes, greaseproof papers, baking papers, plates, and trays made of paper or cardboard. The European Food Safety Authority (EFSA) points out that PFAS are used in food packaging precisely because of these properties.
How will it affect the consumer?
Supermarkets, manufacturers, and hospitality businesses warn that adapting to the new European packaging regulation will require investments in new materials, redesigning products, reuse systems, and management of packaging, costs that, according to business organizations, could end up being partially passed on to the final price.
The changes that are indeed set affect buying and consumption habits, although most will arrive progressively. From February 2027, those who buy food or drink to take away will be able to use their own containers in establishments that are required to offer this possibility, and from February 2028 there must also be options for reusable packaging for certain take-away products. The regulation establishes that using one's own container cannot imply a higher cost or less favorable conditions than acquiring the same product in a single-use container.
The consumer will also have to gradually familiarize themselves with new labeling that will inform about the composition of the packaging and facilitate its separation for recycling. MITECO points out that the system will use harmonized pictograms and must be understandable for users.
Will all packaging have to be recyclable?
Yes, but the requirement unfolds progressively. The Regulation establishes three degrees of recyclability performance: A, for packaging that achieves at least 95% in the evaluation; B, for those that reach 80%; and C, for those that achieve at least 70%. Packaging that falls below 70% is considered technically non-recyclable. From 2030, those in any of the three categories may be marketed, while from 2038 only those that reach grades A or B may do so.
The regulation distinguishes this requirement from the recycling targets for waste. Member States must ensure that, by no later than December 31, 2030, at least 70% by weight of all packaging waste generated is recycled. Specific targets are set for certain materials: 55% for plastic, 30% for wood, 80% for ferrous metals, 60% for aluminum, 75% for glass, and 85% for paper and cardboard.
What will happen with recycled plastic?
Plastic packaging will have to incorporate a minimum percentage of recycled plastic from post-consumer waste. The first major date is January 1, 2030.
By then, the minimum percentage will be 30% for food contact plastic containers made primarily with PET (polyethylene terephthalate), such as water and soda bottles; 10% for other food contact plastic containers and 30% for single-use plastic bottles for beverages. For the rest of the plastic containers included in the regulation, the minimum will be 35%.
The targets will be more demanding in 2040: 50% for certain food contact containers made primarily with PET, 25% for other food contact containers, 65% for single-use plastic bottles for beverages, and 65% for the rest of the plastic containers. The regulation includes exceptions, including certain cases where recycled content may compromise food safety.
Will the excess space in boxes end?
The regulation sets specific limits for certain collective, transport, and products purchased through e-commerce containers. By January 1, 2030, those filling these containers will have to ensure that the proportion of empty space does not exceed 50%. The Commission must establish the methodology for calculating that proportion before February 12, 2028.
In sales containers, the rule is different: the manufacturer or importer must reduce their volume and weight to the minimum necessary to ensure their functionality. The regulation also prohibits certain designs whose sole purpose is to increase the perception of the product's volume, such as double walls, false bottoms, or unnecessary layers.
What single-use containers will be prohibited?
As of January 1, 2030, economic operators will not be able to place certain formats and uses of containers listed in Annex V of the regulation on the market. This is not a general prohibition of all single-use plastic containers.
Among the restrictions are movies and plastic wrappers used to group products at the point of sale with the aim of encouraging the purchase of more than one, certain plastic containers for fresh fruits and vegetables pre-packaged in quantities less than 1.5 kilos, and some containers used for food and beverages in the HORECA channel. Certain single-use containers for individual portions of condiments, sauces, milk for coffee, and sugar, as well as certain small-format cosmetic and hygiene products used in accommodation establishments, are also restricted.
The regulation includes exceptions and also allows that, under certain circumstances, microenterprises may be exempt from some of these prohibitions. Therefore, it cannot be stated that all sauce packets or all small hotel containers will disappear from the market: the prohibition refers to the specific formats and uses included in Annex V.
Will ketchup and mayonnaise packets still be sold?
The prohibition does not affect all single doses nor all sales channels. The Regulation includes among the restricted formats, starting in 2030, certain single-use plastic packets and containers intended for individual portions of condiments, sauces, milk for coffee, and sugar used in the HORECA channel.
Therefore, the regulation does not establish a general prohibition of all formats of these sauces in supermarkets. The scope depends on the use and the specific format included in Annex V.
What will happen to fruits and vegetables packaged in plastic?
As of January 1, 2030, certain single-use plastic containers used for fresh fruits and vegetables pre-packaged in quantities less than 1.5 kilos will be restricted. The prohibition is included in Annex V and contemplates exceptions, so it does not indiscriminately affect any fruit or vegetable sold packaged.
Can we bring our own container to order food or drink?
Yes, but this measure does not start this Wednesday. Starting February 12, 2027, establishments in the HORECA channel that sell cold or hot beverages or prepared meals to go must offer a system that allows the consumer to bring their own container to refill it.
When the consumer brings their own container, the establishment must offer the product at a cost not higher and under conditions no less favorable than those applied when the same product is sold in a single-use container. In addition, it must inform of this possibility through visible signs or panels at the point of sale.
Will restaurants have to offer reusable containers?
Yes. Starting from February 12, 2028, HORECA establishments that sell prepared meals or beverages to go will have to offer the consumer the possibility of obtaining them in reusable containers within a reuse system. The product cannot be sold in that modality at a higher price or under less favorable conditions than when offered in a single-use container.
The Regulation establishes an exception for microenterprises regarding this obligation. In addition, starting from 2030, final distributors must ensure that 10% of the products they sell are offered in a reusable container format.
Will there be more reusable containers in supermarkets and distribution?
Yes. From January 1, 2030, certain operators that use transport containers —including those used for products distributed through e-commerce— will have to ensure that at least 40% of those containers are reusable within a reuse system. The goal will be 70% by 2040.
There will also be specific targets for certain collective containers and for beverages. From 2030, at least 10% of alcoholic and non-alcoholic beverages marketed by final distributors must be in reusable containers, with a target of 40% by 2040. The Regulation establishes exceptions for certain categories of beverages.
What containers will have to be compostable?
The EU packaging Regulation establishes specific requirements for certain compostable containers. By February 12, 2028, permeable bags for tea, coffee, or other beverages and certain single-dose units of these products that meet the conditions established in the standard must be designed to be compatible with industrial composting, among others. Also included in this category are certain adhesive labels placed on fruits and vegetables.
The regulation distinguishes between industrial composting and domestic composting and provides for the development of specific technical standards for both cases. Therefore, it does not mean that any packaging advertised as "compostable" will be able to be automatically deposited in the bio-waste container.