Requirements of Article 7 of the PPWR regarding recycled plastic content in plastic food packaging

1. By 1 January 2030, each plastic part of packaging placed on the market shall contain the following minimum percentage of recycled content recovered from post-consumer plastic waste, calculated as an average per manufacturing plant and per year for each packaging type and format referred to in Table 1 of Annex II:
   1. Contact-sensitive packaging where the main constituent is polyethylene terephthalate (PET), excluding single-use plastic beverage bottles: 30 per cent;
   2. Contact-sensitive packaging made from plastic materials other than PET, excluding single-use plastic beverage bottles: 10 per cent; 
   3. Single-use plastic beverage bottles: 30 per cent.
      
      
2. By 1 January 2040, each plastic part of packaging placed on the market shall contain the following minimum percentage of recycled content recovered from post-consumer plastic waste, calculated as an average per manufacturing plant and per year for each packaging type and format referred to in Table 1 of Annex II:
   1. Contact-sensitive packaging made from PET as the main constituent, excluding single-use plastic beverage bottles: 50 per cent; 
   2. Contact-sensitive packaging made from plastic materials other than PET, excluding single-use plastic beverage bottles: 25 per cent; 
   3. Single-use plastic beverage bottles: 65 per cent;

Exemptions from recycled plastic requirements

Minimum requirements regarding the content of recycled plastic in plastic packaging do not apply to plastic packaging intended for infants and young children.

Furthermore, Article 7(5) of the Regulation stipulates the following:

“Paragraphs 1 and 2 shall not apply to:

1. plastic packaging intended to come into contact with food, where the proportion of recycled material would endanger human health and result in the packaged products failing to comply with Regulation (EC) No 1935/2004;
2. plastic parts representing less than 5 per cent of the total weight of the entire packaging unit.”

To apply the exemption provided for in Article 7(5)(a), the technical documentation must specify the polymer used in each plastic part that accounts for at least 5 per cent of the total weight of the packaging unit.

It must be confirmed that, taking into account the intended use and target application of the packaging:

• “no recycling technology suitable for the polymer in question is listed in Annex I to Regulation (EU) 2022/1616” and that
• “no recycling technology is available at an industrial scale to produce the polymer in question in accordance with the methods described in Article 4(3) of that Regulation”.

The Commission will publish guidelines on the calculation of recycled plastic content by the end of 2026. By 1 January 2028, the Commission will assess whether it is necessary to grant further exemptions regarding the obligations concerning the recycled content of plastic packaging.

Requirements for recycled plastic used in food-contact materials

Recycled plastic intended for food contact must meet the requirements set out in Commission Regulation (EU) 2022/1616 (26), including requirements concerning recycling technologies (Recital 50).

The current assumption is that plastic obtained through chemical recycling can be included in the calculation alongside recycled plastic from mechanical recycling.

However, this will only become clear once the implementing act for Article 7 and the calculation guidelines are published (currently scheduled for 31 December 2026); the interpretation remains somewhat uncertain at this stage.

PPWR definitions

49) ‘contact-sensitive packaging’ means packaging intended to be used in products falling within the scope of Regulation (EC) No 1831/2003 (56), Regulation (EC) No 1935/2004, Regulation (EC) No 767/2009 (57) or Regulation (EC) No 1223/2009 (58), Regulation (EU) 2017/745 or Regulation (EU) 2017/746, Regulation (EU) 2019/4 (59) or Regulation (EU) 2019/6, Directive 2001/83/EC or Directive 2008/68/EC, Directive 2002/46/EC (60) or Directive 2008/68/EC, or in products defined in Articles 1 and 2 of Commission Decision (EU) 2023/1809 (61);

The food control authority monitors the recycled plastic content required by the PPWR only for packaging subject to Regulation (EC) No 1935/2004!

If a manufacturer produces packaging falling under the scope of the PPWR other than plastic packaging intended for food contact (e.g., packaging for pharmaceuticals, veterinary medicines, medical devices, or cosmetics), the supervision of such packaging falls under the remit of Tukes.

Annex I to the PPWR lists examples of products that are considered packaging and those that are not. This is useful when assessing individual borderline cases.

Definition of 'manufacturer'

When interpreting Article 7 of the PPWR, the definition of 'manufacturer' under the regulation becomes central; it is essential to understand this definition correctly to ensure that requirements are applied to the appropriate company.

The PPWR definition of 'manufacturer' differs significantly from the definition used in legislation concerning materials in contact with food; therefore, the definition requires clarification to avoid misunderstandings.

'manufacturer' means a natural or legal person who manufactures packaging or packaged products; however,

13) 'manufacturer' means a natural or legal person who manufactures packaging or packaged products; provided that:

1. a) if a natural or legal person has packaging or a packaged product designed or manufactured under their own name or trademark, regardless of whether other trademarks appear on the packaging or packaged product, ‘manufacturer’ means that natural or legal person, unless point (b) applies;
2. b) if a natural or legal person who has packaging or a packaged product designed or manufactured under their own name or trademark falls within the definition of a micro-enterprise set out in Recommendation

2003/361/EC, as applicable on 11 February 2025, and the natural or legal person supplying the packaging to the natural or legal person who has the packaging designed or manufactured under their own name or trademark is located in the same Member State, ‘manufacturer’ means the natural or legal person supplying the packaging;

The basic principle is that the party who decides on the characteristics of the packaging and places it on the market under their own name or trademark is the manufacturer of the packaging.

Practical rule of thumb: The entity under whose name or trademark the packaging appears on the market is generally the manufacturer as defined by the PPWR, even if:

• The packaging was purchased from another company;
• The packaging was technically designed by an external party;
• The packaging was physically manufactured by a third company.

There can be only one manufacturer in the packaging supply chain.

Note! Even if an operator is not a manufacturer under the PPWR, it may have other obligations under the PPWR (e.g., importer obligations under Article 18) as well as other obligations the enforcement of which is the responsibility of Tukes or LVV rather than the food control authority.

Examples of manufacturers

The following presents seven example cases regarding which operator is considered the packaging manufacturer. However, determining who is considered the packaging manufacturer always requires a case-by-case interpretation. These examples can be used to assist in that interpretation.

Example 1: Contract packer

A Finnish food company owns a brand and has packaging manufactured under that brand. A separate Finnish company handles the packaging of the food products. The packer does not sell the product under its own name but under the brand of the food company that commissioned the manufacturing.

→ The food company is the manufacturer as defined by the PPWR. → The packer acts as a service provider, i.e., a contract packer.

Example 2: A retail chain’s own-brand product

A retail chain has its own private-label product. The actual food product is manufactured and packaged by another company.The packaging is designed and manufactured for the private-label brand.

→ The retail chain is the manufacturer as defined by the PPWR, because the product and packaging are placed on the market under its own trademark.

The packaging may also bear the marks of the packaging manufacturer or the food manufacturer, but this does not alter the manufacturer's status.

Example 3: Packaging manufactured by the packaging manufacturer itself

A Finnish company manufactures plastic packaging under its own name or trademark.

The same company places packaging on the market under its own name or trademark—for example, by selling packaging in its own online store, on an online platform operated by another party, or in a Finnish retail store under its own name or trademark.

→ The packaging manufacturer is the manufacturer as defined in the PPWR.

Role and responsibilities of the importer

According to Article 3(1)(17) of the Regulation, an importer is defined as "any natural or legal person established within the Union who places packaging imported from a third country on the market."

The definition of an importer differs from the definition of an importer of contact materials found in Finland’s Food Act (297/2021). Under the Food Act, importers of food contact materials include both importers from third countries and importers from within the internal market, whereas under the PPWR, only importers from third countries qualify.

An importer must have an official address in a Member State to ensure legal jurisdiction regarding enforcement and market surveillance, and to guarantee the presence within the Union of an operator responsible for conformity, traceability, and corrective actions.

In import scenarios, the manufacturer role is determined by the brand and design responsibility, not by who physically imports the packaging.

An importer becomes a manufacturer when it places the product on the market under its own name or trademark. In other words: If an importer does not use its own name or trademark, it does not become a manufacturer simply by virtue of importing the goods.

Importers are always subject to the obligation (Article 18) to ensure, prior to placing products on the market, that the requirements of the PPWR are met, such as:

• ensuring compliance with the requirements regarding the recycled plastic content set out in Article 7.

Example 4: A Finnish importer sells products under the manufacturer’s own brand

A Finnish company imports chocolate from Germany. The packaging displays only the German manufacturer’s own trademark.

→ The Finnish company acts solely as an importer and distributor.

→ The German supplier/manufacturer is the "manufacturer" as defined by the PPWR. The Finnish importer is not considered a manufacturer under this provision because the packaging was not produced under its own name or trademark. The Finnish importer is subject to the importer's obligations regarding the verification of information on recycled plastic content in plastic packaging, as required by Article 7.

Example 5: Packaging from a non-EU manufacturer

The packaging is manufactured in China under the Chinese manufacturer’s own name and trademark.

A Finnish importer brings the packaging into Finland and sells it under the original manufacturer’s name or trademark.

→ The non-EU company is the manufacturer of the packaging because the packaging is placed on the market under its name or trademark. The Finnish importer is subject to the importer's obligations to verify the information regarding the recycled plastic content in the plastic packaging, in accordance with Article 7.

Example 6: Online store’s own brand

A Finnish online store orders products from China. The online store’s own trademark is applied to the products. The packaging is designed according to the online store’s brand.

→ From the perspective of the PPWR, the online store is the manufacturer.

Exceptions concerning micro-enterprises

An exception to the previous examples is the specific rule in point (b) regarding micro-enterprises and a packaging supplier located in the same Member State. In such cases, the role of manufacturer may shift to the packaging supplier.

(b) where a natural or legal person who has packaging or a packaged product designed or manufactured under their own name or trademark falls within the definition of a micro-enterprise set out in Recommendation 2003/361/EC as applicable on 11 February 2025, and the natural or legal person who supplies the packaging to the natural or legal person who has the packaging designed or manufactured under their own name or trademark is located in the same Member State, ‘manufacturer’ means the natural or legal person who supplies the packaging;

Example 7

A Finnish micro-brewery meets the definition of a micro-enterprise. It sells beverages under its own brand. A Finnish packaging manufacturer supplies the cans or labeled packaging.

→ The conditions for the micro-enterprise exemption are met, and the manufacturer under the PPWR is the packaging company, not the micro-brewery.

Example 8

A Finnish micro-brewery meets the definition of a micro-enterprise. It sells beverages under its own brand. The micro-brewery imports the packaging itself directly from Sweden.

→ The micro-enterprise exemption cannot be applied because the packaging supplier is not located in the same Member State. In this case, the manufacturer under the PPWR is the micro-brewery under whose trademark the product is placed on the market.