The Packaging and Packaging Waste Regulation (EU) 2025/40 (PPWR) introduces a comprehensive framework for reducing the environmental impact of packaging across the EU. The PPWR rules on packaging and packaging waste require the European Commission to review by 12 February 2028 the technological advancements and environmental performance of biobased feedstock in plastic packaging. In this context, the Commission has launched a public consultation open from 21 October 2026 to 13 January 2027.
What are biobased plastics?
The PPWR defines biobased plastics as plastics made from biological resources, such as biomass feedstock, organic waste or by-products, regardless of whether those plastics are biodegradable or non-biodegradable. In other words, the term refers to the origin of the plastic feedstock, rather than necessarily to how the plastic behaves at the end of its life.
Requirements under Article 8 of the EU PPWR
Article 8 of the PPWR, “Biobased feedstock in plastic packaging,” requires the European Commission to review the state of technological development and environmental performance of biobased plastic packaging by 12 February 2028. The review must take into account the sustainability criteria established in Article 29 of Directive (EU) 2018/2001. Article 8 does not itself establish mandatory minimum biobased-content targets. Instead, it provides the legal basis for the Commission to assess the issue and potentially propose additional requirements following its review.
Following this review, the Commission may, where appropriate, present a legislative proposal covering four areas:
- sustainability requirements for biobased feedstock used in plastic packaging;
- targets aimed at increasing the use of biobased feedstock in plastic packaging;
- the possibility of using biobased plastic feedstock instead of post-consumer recycled plastic to meet certain recycled-content targets under Article 7, where suitable recycling technologies for food-contact packaging compliant with Regulation (EU) 2022/1616 are unavailable; and
- possible amendments to the PPWR’s definition of biobased plastic.
Impact of Article 8 on minimum recycled-content requirements for plastic packaging
The relationship between biobased and recycled plastic is relevant because Article 7 of the PPWR introduces minimum recycled-content requirements for plastic packaging. In particular, Article 7 provides that, subject to its applicable conditions and exemptions, plastic packaging must contain minimum percentages of recycled content recovered from post-consumer plastic waste. Article 8 opens the possibility for future legislation to allow biobased plastic feedstock to use biobased plastic feedstock instead of recycled content recovered from post-consumer plastic waste to comply with Article 7. This would be possible when suitable recycling technologies for food-contact packaging complying with Regulation (EU) 2022/1616 are not available.
This would depend on the Commission’s review and a subsequent legislative proposal. It should therefore not currently be treated as an existing alternative to the PPWR recycled-content requirements.
Stakeholders can submit their views
The European Commission’s public consultation on plastic packaging containing biobased feedstock is part of the initiative exploring potential EU rules for biobased feedstock in plastic packaging. Through the consultation, the Commission is seeking feedback from interested parties to inform the development of the initiative.
The consultation is published on the Commission’s Have Your Say portal. Stakeholders can participate by filling in an online questionnaire until 13 January 2027.
For any PPWR questions or support, contact us here or at prodlaw@obelis.net.
References:
European Commission (2025). Regulation (EU) 2025/40 of the European Parliament and of the Council of 19 December 2024 on packaging and packaging waste, amending Regulation (EU) 2019/1020 and Directive (EU) 2019/904, and repealing Directive 94/62/EC. Retrieved on 23 October 2026.
European Commission (2026). Plastic packaging containing biobased feedstock – EU rules. Public consultations. Retrieved on 23 October 2026.
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