© MclittleStock stock.adobe.com

Packaging is is a visible target and, in some ways, an easy one. In Europe, the push to reform the industry comes in the guise of the packaging and packaging waste regulation (PPWR).

It is a complex regulation with a clear aim, says Michela Vuerich, lead programme manager for sustainability and services at ANEC, which represents the interest of European consumers in the creation of technical standards. 

"The PPWR presents a significant opportunity for businesses to enhance their production and consumption models, ultimately reducing packaging waste," says Vuerich.

"According to [European] Commission data, without intervention, the EU could see a 19% increase in packaging waste and a 46% rise in plastic packaging waste by 2030 compared to 2018. This regulation allows businesses to reverse this trend and contribute to a more sustainable future," she adds.

But for all its good intentions, the PPWR could pose problems for brands and their established pack formats. Will this regulation put packaging design in a straitjacket? Could there be ramifications over trademarks – and does the very definition of packaging throw up any surprises?

Rethinking processes

While the new laws across the EU might not be prescriptive, they will influence how packaging designers and technologists go about their job. What is clear is that to meet the regulations, some brands will have to rethink their current process.

"Article 25 of the PPWR, as agreed upon by the European Parliament and Council [of Ministers], restricts certain superfluous single-use packaging formats, starting in 2030," adds Vuerich. "This includes single-use plastic packaging for fruits and vegetables under 1.5kg, single-use packaging for food and beverages consumed at hotel, restaurant and catering (HORECA) premises, single-use condiments and sauces in the HORECA sector, small cosmetic and toiletry products in the accommodation sector, and very lightweight plastic bags. Notably, member states can set up exemptions if there is a demonstrated need to preserve fresh food or to avoid microbiological hazards or physical shocks for fresh food packaging."

Addressing single-use is one target of the PPWR, but could there be an unintended consequence? Alexa Lamont, managing associate at legal firm Mishcon de Reya, says businesses that use distinctive packs should consider the impact the regulation may have on any intellectual property rights, such as trademarks and designs. 

In her blog on the law firm’s website, Lamont writes: "As part of this assessment, one point to factor in is that, where packaging is protected by certain trademarks and designs at the time the PPWR enters into force (as noted, this is currently anticipated to be autumn 2024), the relevant minimisation rules may not apply. Where appropriate, manufacturers should therefore be considering whether to obtain IP protection for relevant packaging in the EU in advance of the PPWR coming into force."

Hazel O’Keeffe, partner at law firm Keller & Heckman, also notes this could be a challenge but warns that brands might find their creative freedom restricted due to the regulation.

O’Keeffe explains: "With respect to packaging minimisation, for instance, while certain trademarks or design rights in place before the entry into force of the PPWR may be protected, even in this circumstance the protection only applies if the packaging minimisation requirement affects the packaging design in such a way that it alters its novelty, its individual character or it affects that trademark in such a way that the trademark is not capable anymore of distinguishing the marked products from those of other business operators."

Even protected packaging designs and trademarks need to comply with the PPWR, she adds, although so called ‘innovative packaging’ may be exempted from certain criteria such as the design for recycling requirement on a temporary basis. "My advice would be for businesses to be proactive in assessing how the PPWR impacts their packaging, as it will take time to adapt."

Dorota Napierska, toxic-free circular economy policy officer at NGO Zero Waste Europe (ZWE), says she does not believe the PPWR will restrict a brand’s creativity as long as it does not obstruct the circularity and sustainability of the pack.

"If there is a technology or system that can recycle the pack format, then a business can keep it," she says. "But it won’t be enough to label the pack as ‘recyclable’ and ignore what’s happening at its end of life – as happens now. While the PPWR could end up phasing out certain formats and designs, this would happen by fulfilling the regulation’s requirements rather than a direct ban of the format."

Adapting to the PPWR

O’Keeffe says that businesses will need to pay close attention to the regulation to avoid any unexpected surprises. She explains: "Business operators will need to take steps to adapt to the PPWR as it will introduce sweeping changes that will impact all packaging, including protected packaging designs and trademark. These include design for recycling criteria that will inevitably push business operators to use ‘simpler’ packaging such as monomaterials or monolayers, to reduce black or dark coloured packaging and to avoid certain additives that could impede recycling. There are also recycled content requirements with very few exemptions."

ANEC’s Vuerich adds: "While the PPWR does not prescribe specific formats, it encourages innovation. In the future, luxury perfume designs might adopt circular economy principles, leading to refillable packaging and efforts to avoid overpackaging." 


Talk of innovation might sound far-fetched considering the complexity of the regulation. However, one packaging technologist has seen it all and believes that, rather than view legislation as a barrier, it might be worth embracing it. Matt Waine, packaging consultant and former packaging development manager at Premier Foods, thinks that brands might view regulations as a headache – but designers can often see the positives.

"There always a knee-jerk reaction to legislation – but you can either get upset or look at it as an opportunity," he argues. "You must have a mindset of making the best of it – it can spark innovation. The good designers never say that they want to create from a blank sheet of paper. The best ones want to design with restrictions. They can see what needs to be done – you should treat packaging legislation as a spur to creativity."

ZWE’s Napierska believes the PPWR can fuel new designs that won’t fall foul of the rules. "I'm pretty sure that many brands can avoid some complex, creative designs, especially in applications that don't require certain or more complex functionality. And why not invest in more reusable/refillable solutions that could be applied in the case of many products?"

But it comes back to the ‘detail’ again. O’Keeffe warns that brands still need to create new packs with care. "While certain luxury brands with trademarks or design rights, such as perfume designs, may be able to contend that the packaging minimisation requirement would alter its novelty or affect its individual character, there would certainly be other requirements of the PPWR (such as the design for recycling requirement mentioned previously) that would apply that will likely lead to changes in the packaging."

Definition challenges

The regulation’s definition of packaging could also catch businesses out. Annex I of the PPWR provides an indicative list of items falling within the regulation’s scope, including coat hangers and mascara wands.

"There are many examples of products that fall within the definition of packaging in Annex I of the PPWR although business operators or consumers might not necessarily consider them as such," adds O’Keeffe. "Examples are labels hung directly on or attached to a product, a mascara brush which forms part of the container closure, staples, and even disposable plates and cups designed and intended to be filled at the point of sale. It should also be kept in mind that the lists in Annex I are merely indicative lists, and if a product is not listed in Annex I, an assessment would need to be conducted as to whether it falls within the definition of ‘packaging’ in the PPWR."

However the regulation defines packaging, ANEC’s Vuerich notes that businesses must adhere to Article 10 of the PPWR – by 1 January 2030, manufacturers must ensure that packaging is designed to minimise weight and volume.

"Two years after the regulation’s entry into force, the European standardisation organisations will be tasked with preparing or updating harmonised standards to measure compliance with these packaging minimisation requirements," adds Vuerich. "Notably, the regulation will include measures to reduce overpackaging, such as a maximum empty space ratio of 50% in transport and e-commerce packaging."

And Napierska flags up another key part of the PPWR – the use of chemicals in packaging. "Also important are sources of problematic chemicals that can pose a risk to consumers or the environment, or both. So, brands will have to be much more creative in the future when designing their packaging using eco design criteria.

"I'm not saying that all this is simple but, after decades of derailing from sustainable production and use of packaging, the sector needs to revise its priorities," she says. 

The PPWR could inspire a radical shake-up of how packaging is designed and manufactured. Businesses will be challenged across the EU to meet the new law, and it won’t be an easy task. Brands that can keep on top of the regulation will not only go some way to fulfilling their sustainable duties by law – but might be able to spot the next packaging innovation.