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Legal provisions:

Recital (13): ‘(…) The definition of composite packaging in this Regulation should not exempt single-use packaging partially made of plastics, regardless of the threshold level, from the requirements of Directive (EU) 2019/904 of the European Parliament and of the Council.’ Recital (180): ‘(…) This Regulation provides a restriction on the placing on the market of plastic products listed in Annex V point 3 thereto, while Directive (EU) 2019/904 allows the Member States to take the necessary measures to achieve reduction in the consumption of those single-use plastic products. Since national implementing measures under Directive (EU) 2019/904 can be less restrictive than a ban on the placing on the market, this Regulation should prevail over Directive (EU) 2019/904 as regards such products falling within the definition of packaging, in order to boost the reduction of single-use plastic packaging and reduce the quantity of single-use plastic packaging in the environment. (…).’ Article 3(1), point (24): ‘“composite packaging” means a unit of packaging made of two or more different materials which are part of the weight of the main packaging material and cannot be separated manually and therefore form a single integral unit, unless one of the materials constitutes an insignificant part of the packaging unit and in any event no more than 5 % of the total mass of the packaging unit and excluding labels, varnishes, paints, inks, adhesives and lacquers; this is without prejudice to Directive (EU) 2019/904.’ Article 25(1): ‘From 1 January 2030, economic operators shall not place on the market packaging in the formats and for the uses listed in Annex V.’ Annex V, point 3: ‘Single-use plastic packaging for foods and beverages filled and consumed within the premises in the HORECA (Hospitality, Restaurant, and Catering) sector, which include all eating areas inside and outside a place of business, covered with tables and stools, standing areas, and eating areas offered to the end users jointly by several economic operators or a third party for the purpose of food and drinks consumption. Establishments in the HORECA sector that do not have access to drinking water are exempted.’ Directive (EU) 2019/904 (SUPD) (28) (Article 3, point (2)) defines single use plastic products, as ‘a product that is made wholly or partly from plastic and that is not conceived, designed or placed on the market to accomplish, within its life span, multiple trips or rotations by being returned to a producer for refill or re-used for the same purpose for which it was conceived.’ According to Article 4 and Part A of the Annex to the SUPD, Member States have a possibility to impose national restrictions on single-use plastic rigid food containers used to contain food for immediate consumption and beverage cups. According to Article 67(1)(a) (29), the SUPD prevails over the PPWR in case of conflict, unless provided otherwise. Article 67(1)(b) provides otherwise for packaging bans under point 3 of Annex V. According to Article 70(4) ‘Member States may maintain national provisions restricting the placing on the market of packaging in the formats and for uses listed in points 2 and 3 of Annex V until 1 January 2030. Article 4(3) shall not apply in relation to those national measures until 1 January 2030.’

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Source: EUR-Lex (Cellar) · retrieved 2026-09-07 · Text as adopted (Official Journal); later amendments are not incorporated in this text.