§6 Date of application of the requirement to ensure that packaging is recyclable

Legal provisions: Article 6(1): ‘All packaging placed on the market shall be recyclable.’ Article 6(2): ‘Packaging shall be considered to be recyclable if it fulfils the following conditions: (a) it is designed for material recycling, which enables the use of resulting secondary raw materials that are of sufficient quality when compared to the original material that they can be used to substitute primary raw materials, in accordance with paragraph 4; and (b) when it becomes waste, it can be collected separately in accordance with Article 48(1) and (5), sorted into specific waste streams without affecting the recyclability of other waste streams and recycled at scale, on the basis of the methodology set out in accordance with paragraph 5 of this Article. Packaging that is in compliance with the delegated acts adopted pursuant to paragraph 4 shall be deemed to comply with the condition set out in point (a) of the first subparagraph of this paragraph. Packaging that is in compliance with the delegated acts adopted pursuant to paragraph 4 and the implementing acts adopted pursuant to paragraph 5 shall be deemed to comply with the conditions set out in the first subparagraph of this paragraph. Point (a) of the first subparagraph of this paragraph shall apply from 1 January 2030 or 24 months from the date of entry into force of the delegated acts adopted pursuant to the first subparagraph of paragraph 4, whichever is the latest. Point (b) of the first subparagraph of this paragraph shall apply from 1 January 2035 or, as regards the recycled-at-scale requirement, from 1 January 2035 or five years from the date of entry into force of the implementing acts adopted pursuant to paragraph 5, whichever is the latest.’ Commission’s interpretation: Article 6(1) requires that all packaging placed on the market is recyclable without providing a specific deadline for the application of this provision, which means that it applies from 12 August 2026. Article 6(2)(a) ‘shall apply from 1 January 2030 or 24 months from the date of entry into force of the delegated acts adopted pursuant to the first subparagraph of paragraph 4, whichever is the latest’. According to Article 6(4), this delegated act, which will fully harmonise design for recycling requirements and the related assessment methodology, should be adopted by the Commission by 1 January 2028. Article 6(1) is similar to an essential requirement in Annex II, point 3(a), of Directive (EU) 94/62/EC on packaging and packaging waste (hereinafter, the PPWD), related to the packaging recoverable in the form of material recycling, but it is not the same. For example, while the PPWD contained ‘essential requirements’ on packaging composition and design, it did not create uniform technical documentation obligation tied to harmonised recyclability criteria. Also, the language of the essential requirement on ‘packaging recoverable in the form of material recycling’ (Annex II, point 3(a) PPWD) was vague and difficult to legally enforce. Therefore, it should be understood that until the date of application of Article 6(2)(a) of the PPWR on design for recycling requirements, manufacturers must comply only with requirements in accordance with the PPWD and the related harmonised standards (e.g. EN 13430:2004 - Requirements for packaging recoverable by material recycling (19)). From the adoption of the delegated act pursuant to Article 6(4) on, manufacturers will have 24 months to comply with the design for recycling requirements and ensure that only packaging that is recyclable in the sense of PPWR is placed on the market. Should this delegated act enter into force after 1 January 2028, the requirements shall apply 24 months from this date. Manufacturers do not need to perform the conformity assessment procedure in accordance with Article 38 and Annex VII of the PPWR for recyclability until the entry into force of the delegated act(s) under Article 6(4) PPWR.

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Source: EUR-Lex (Cellar) · retrieved 2026-09-07