The European Chemicals Agency (ECHA) has launched a Call for Evidence to support the preparation of a study report under the Packaging and Packaging Waste Regulation (PPWR, Regulation (EU) 2025/40). The study, as mandated in Article 5(2) PPWR, aims to map substances of concern (SoC) that are present in packaging and packaging components that negatively affect the re-use and recycling of materials or impact their safety. The notion of SoC is based on the definition set out in Article 2(27) of the Ecodesign for Sustainable Products Regulation (ESPR, Regulation 2024/1781).

The PPWR foresees that the presence of such SoC in packaging shall be minimized, including regarding their presence in emissions and any outcomes of waste management.

Scope of the Study

The study, as clarified in the Mandate Letter, is expected to include at least the following elements:

1. Mapping of Packaging and Components – Identification of different packaging and packaging components (by material, type, format, etc.) currently available in the EU market, including information on manufacturing, supply chain uses, and geographical distribution.
2. Substances in Manufacturing – A list of substances, per packaging material/type, that can foreseeably be used in the production of packaging and packaging components.
3. Substances in Life Cycle Stages – Where relevant (and if possible), a list of substances used in subsequent life cycle stages, including reuse or recycling of packaging waste.
4. Chemical Identity and Regulatory Status – For all substances identified, information on chemical identity, physical state, hazard profile, technical function in the packaging or component, and regulatory status under relevant EU legislation.
5. Identification of SoC – A list of substances (from points 2 and 3) that meet the criteria of SoC as indicated in Article 3 PPWR and based on the definition under Article 2(27) ESPR, including justification related to chemical safety and/or negative impacts on reuse and recycling.
6. Mapping of Packaging Waste Streams – Where possible, mapping of current packaging waste streams, including collection practices and waste treatment technologies in the EU.
7. Prioritisation for Regulatory Action – Identification of SoC that could be prioritised for restrictions under REACH, including criteria for such prioritisation.
8. PFAS and Other Regulatory Interactions – Indication on the potential need to amend or repeal provisions in Article 5(5) PPWR to avoid overlap with existing restrictions under REACH, the POPs Regulation, and the Food Contact Materials Regulation.

Legal Implications

This consultation is particularly significant because, while it is focused on assessing packaging components, it will in effect establish criteria for the first time to determine when a SoC hinders the reuse or recycling of a product. By tying the PPWR definition of SoC to Article 2(27) of the ESPR, the study will have implications beyond packaging. Specifically, it will inform the implementation of the ESPR by providing criteria to assess when substances impede circularity and sustainability. Beyond the ESPR, it is expected to have implications across other EU product legislation, for example where the presence of SoC may affect the marketing or use of a product, including, for example, the EU Deforestation Regulation and rules on environmental claims.

For companies engaged in packaging manufacturing, importing, or downstream use, this represents a critical moment to monitor developments and engage in the process. It will also be of some significance for upstream suppliers of yet-to-be-determined SoCs. Participation in ECHA’s Call for Evidence provides an opportunity to contribute to shaping the identification of SoC and the thresholds for reuse and recycling, with potential implications for compliance obligations especially under the PPWR and ESPR. Participation is also crucial given the complexity of this exercise: it will concern many several thousands of substances (i.e. beyond the currently known SoCs based on chemical hazard classification) and ECHA will be stepping into the area of re-use and recycling of materials, which is outside its traditional areas of competence, but on which it will have significant influence.

Deadline for submission

Contributions to ECHA’s Call for Evidence may be submitted here until 28 October 2025.

We are available to assist clients in understanding the legal implications of ECHA’s Call for Evidence and to provide guidance throughout the submission process, including identifying relevant substances of concern, assessing potential impacts on compliance, and helping frame contributions in line with regulatory expectations.