Commission’s interpretation:

SUPD and PPWR are two legal instruments that co-exist and have different purposes. Recitals (13) and (180) addresses the relationship between the PPWR and the SUPD and indicate that composite packaging can be considered single use plastic packaging according to the PPWR. PPWR defines ‘composite packaging’ by introducing a 5 % threshold below which packaging is deemed to be a mono-material. Therefore, ‘single-use plastic packaging’ in Annex V can only refer to packaging that contains more than 5 % plastic. However, the definition of ‘composite packaging’ is ‘without prejudice’ to the SUPD (see Article 3(1), point 24 and recital 13 of the PPWR). Consequently, 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 of the PPWR, while packaging containing not more than 5 % of plastic is not covered by this ban. As the PPWR and the SUPD coexist, their respective scopes must be read together. The PPWR prevails with regard to the packaging formats, materials and uses listed in Annex V. In these situations, Member States must apply the PPWR and may not rely on Article 4 of the SUPD to introduce national measures. On the other hand, 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, point (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. Such national consumption reduction measures can remain in place even after 1 January 2030. Member States must demonstrate, case-by-case-, that any such national measure is proportionate to the objectives pursued by the SUPD and non-discriminatory under EU law. Potential impacts on the internal market need to be considered and whether a specific national measure satisfies these requirements will be assessed by the European Commission. The obligation under Article 25(2) of the PPWR to repeal national restrictions by 1 January 2030 applies only to measures concerning packaging formats, uses and materials that fall under Annex V. Therefore, regarding points 2-4 of Annex V: where a packaging format, material and use is not covered by Annex V, points 2 - 4, but qualifies as a single-use plastic product under the SUPD, Article 4 of the SUPD applies. In this way, the PPWR establishes harmonised restrictions for the packaging covered by Annex V, while the SUPD continues to operate for single-use plastic products that fall outside the scope of those specific restrictions. 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. As regards expanded polystyrene (EPS) food containers, beverage containers and cups for beverages, they are already banned under the SUPD (Article 5). Article 67(5) PPWR amends the SUPD to explicitly include also extruded polystyrene (XPS) formats; this will apply from 1 January 2030; no transposition by Member States is necessary.

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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.