§16 Relationship between the Single-Use Plastics Directive (SUPD) and PPWR as regards packaging bans

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.’ 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