Earlier this year, we reported on the EU's proposed Packaging and Packaging Waste Regulation (PPWR) which will introduce comprehensive requirements aimed at driving packaging minimisation across the EU. Whilst the text of the PPWR has been adopted by the European Parliament, there remain some outstanding stages of the legislative process, including confirmation of the final text by the European Parliament, and then formal adoption by the European Council. Once that has taken place, and the adopted PPWR is published in the Official Journal, it will enter into force (20 days later) and will be applied 18 months after that date.
The timeline is important because, as discussed in our earlier article, where packaging is protected by certain trade marks and designs before the PPWR enters into force, the relevant packaging minimisation rules that are due to apply from 2030 may not apply in that instance. Accordingly, where appropriate, manufacturers may wish to explore registered trade mark/design protection in the EU for their packaging in advance of the PPWR entering into force (on current estimates, this will be later this year or early next year). Whilst it is not clear whether it is sufficient to have applied for protection by that date, or whether the relevant trade mark or design must actually be registered by then, design protection can in particular be obtained very quickly. Such a decision should of course be incorporated within a wider consideration of a brand's approach and commitments to sustainability, and to the objectives of the PPWR.
For businesses wishing to innovate in relation to their packaging, it is also worth noting that packaging which presents innovative features resulting in significant improvement to the core function of packaging, and which has demonstrable environmental benefits, will be given an additional period of time in which to comply with recyclability requirements under the PPWR.
Turning to the UK, on 24 October, the draft Producer Responsibility Obligations (Packaging and Packaging Waste) Regulations 2024 were laid in Parliament. Whilst there has been a producer responsibility system in the UK for packaging since 1997, it was designed to enable producers to meet but not exceed recycling targets and did not incentivise them to design packaging to be more recyclable/reusable. The new Regulations will introduce Extended Producer Responsibility (EPR) for packaging in the UK which will make producers responsible for the environmental impact of their packaging, and financially responsible for the costs of collecting and managing household packaging waste. The Regulations will largely come into force on the 21st day after they are made, with producers required to register on or before 1 April 2025. Many obligations under the Regulations will fall on brand owners, i.e., those whose brand appears on an item of filled packaging, subject to certain thresholds (but can include other classes of producers such as importers, distributors and online marketplaces).
Other measures in the UK include plans to implement a deposit return scheme (DRS) for single-use drink containers made of glass, metal, and plastic in England and Wales by 2027.
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