PPWR: How does it fit in with French Law requirements?

Regulation (EU) 2025/40 of 19 December 2024 on packaging and packaging waste (PPWR) creates new obligations for economic operators. France has already implemented a binding legislative framework, in particular with the AGEC and Climate and Resilience Laws.¹

In this article we analyse the PPWR's key measures in light of French provisions, highlighting the necessary adaptations.

 

PFAS and substances of concern

The PPWR goes further than Directive 94/62/EC of 20 December 1994: packaging placed on the market must be manufactured in such a way as to minimize the presence and concentration of “substances of concern” in the composition of packaging materials or their components, including emissions and anything resulting from waste treatment, such as secondary raw materials, ash and other materials destined for final disposal, and the adverse environmental effects of microplastics. It’s no longer just a question of minimizing hazardous substances, but also substances of concern, which significantly broadens the scope of the obligation.

In addition to microplastics, the PPWR also addresses PFAS.² From 12 August 2026, packaging intended to come into contact with food can’t be placed on the market if it contains a concentration of PFAS equal to or greater than the limit values set by the PPWR. The European legislator has made the application of this provision conditional on the absence of any other more restrictive text.

French law is a forerunner in reducing hazardous substances or substances of concern in packaging. France has banned some mineral oils and introduced the obligation to inform consumers of the presence of hazardous substances. But economic operators will have to make further efforts to comply with the PPWR requirements that are more restrictive than French law, as is the case for PFAS. One difficulty will be to keep up with the pace of change in the PFAS legal framework.³

 

Recyclability

The PPWR establishes the principle that packaging should be recyclable but adds a number of nuances. In addition to excluding certain types of packaging from the scheme (eg packaging for certain medical devices, baby products), recyclability requires two conditions: the packaging must be designed with a view to recycling the materials, and it must be possible to collect it separately when it becomes waste.

The scheme will be fleshed out with the adoption of delegated acts by 1 January 2028 and implementing acts by 1 January 2030. Manufacturers will need to follow these developments closely to ensure that their packaging remains compliant.

This approach differs significantly from that of French law that, out of principle, encourages reuse and all forms of waste recovery, with recycling being only one of several methods.⁴ PPWR doesn’t ignore re-use but reserves it for packaging with significant volumes.⁵ In this way, recycling could gradually take precedence over reuse and other forms of packaging recovery.

The PPWR states that if member states choose to maintain or introduce national durability, information and/or labelling requirements in addition to those of the PPWR, they mustn’t conflict with those of the PPWR, nor prohibit, restrict or impede the marketing of PPWR-compliant packaging based on non-compliance with national requirements. This could result in French provisions being challenged as an obstacle to free movement of goods.⁶

 

Plastic packaging

While France is aiming to end the use of single-use plastic packaging by 2040, the PPWR takes a different view. In Appendix V, the PPWR includes a list of single-use plastic packaging that can no longer be placed on the market from 2030 onwards (eg very light plastic bags, single-use plastic packaging for unprocessed fresh fruit and vegetables).

With regard to the incorporation of recycled materials in plastic packaging, the PPWR provides for two stages (2030 or three years from the entry into force of an implementing act; and 2040) and sets minimum incorporation percentages by type and by format of packaging. France seems to be moving towards a different approach, whereby the financial contributions paid by packaging producers to eco-organizations are modulated according to the rate of incorporating recycled plastic.⁷ But companies will have to comply with the PPWR provisions, even if incorporating recycled plastic would also mean obtaining a modulation of the eco-contribution in application of French law. It remains to be seen whether the minimum percentages will be aligned.

 

Labelling

The PPWR requires harmonized labelling of packaging to make it easier for consumers to sort, no later than 12 August 2028, or 24 months from the date of entry into force of the implementing act of the European Commission (EC).⁸ Additional details are required for certain compostable packaging,⁹ packaging containing substances of concern, packaging subject to a deposit system and reusable packaging.¹⁰

A QR code or equivalent may be included on the packaging to indicate the sorting information for each packaging component. This information must be affixed, printed or engraved in a visible, legible and solid manner on the packaging or on the grouped packaging depending on the nature and size of the packaging, or readable by electronic means for vulnerable persons. There is no mandatory label as regards the minimum percentage of recycled content.

Packaging covered by the extended producer responsibility (EPR) scheme may be identified by a QR code, provided it doesn’t mislead consumers as to whether the packaging can be recycled or reused.

This information must be made available to end-users¹¹ before the product is purchased as part of an online sale, in one or more languages that can be understood by users, depending on the member state in which the packaging is made available. The use of pictograms is recommended to limit translation costs.

In France, information on sorting rules (Triman logo and sorting information (Info Tri)) is mandatory for packaging subject to EPR.¹² This label may be replaced by an equivalent implemented by the EU or a member state, provided that the label is mandatory and informs consumers that products are subject to sorting rules, with the same characteristics as the Info Tri. The label provided for by the PPWR could be invoked as part of this equivalence, subject to the label format that will be laid down in the EC implementing acts.

It’s not certain that the French requirements on Triman logo and Info Tri will be maintained, given that its compliance with the principle of free movement of goods in the EU is being challenged by the EC (notification in 2023¹³ and reasoned opinion in 2024¹⁴ which, if left unanswered, could lead to referral to the CJEU). To be continued, but this obligation still applies for now.

French law also provides for the obligation to inform consumers, in a dematerialized format, on the compostability of packaging, its reusability and recyclability, and hazardous substances and recycled materials it contains. ¹⁵

 

Environmental claims

The PPWR provides that environmental claims on packaging characteristics (i) may only relate to characteristics that go beyond the minimum requirements set forth by the PPWR, (ii) must specify whether they relate to the packaging unit, part of the packaging unit or all packaging placed on the market, and that (iii) the advertiser must be able to demonstrate the conformity of these claims with the technical documentation¹⁶ relating to the packaging.¹⁷ This is in line with Directive (EU) 2024/825 of 28 February 2024 as regards empowering consumers for the green transition, and the proposal for a directive on green claims still under discussions.

French law is already restrictive when it comes to environmental claims, and controls have increased in recent years, with the French Consumer Protection Authority (DGCCRF) prioritizing

the environmental aspect over the coming years.¹⁸ In particular, advertisers must have to ensure that their claims are precise (specifics), clear and justifiable, including when they relate to the characteristics of their packaging, and comply with prohibitions specific to packaging, such as the prohibition to use the words “biodegradable,” “environmentally friendly” or other equivalent environmental claims on new packaging intended for consumers.¹⁹

French version available here.