EU PPWR FAQs Updated August 2026 - Flipbook - Page 45
XI.
EMPTY SPACE
1) Who is the obligated party to comply with the empty space requirements under
Article 24?
Article 24(1) establishes maximum empty space ratio for grouped, transport and e-commerce
packaging which needs to be met by the economic operator who fills such packaging. This may be
the manufacturer as defined in Article 3(1), point (13), as well as other economic operators who
make packaged products available on the market.
2) How should the term 8minimum necessary9 in Article 24(4) be understood?
The empty space ratio for sales packaging means the difference between the total internal volume
of the sales packaging and the volume of the packaged product. For assessing compliance with this
paragraph, space filled by filling materials, such as paper cuttings, air cushions, bubble wraps,
sponge fillers, foam fillers, wood wool, polystyrene or styrofoam chips, shall be considered as
empty space. For empty space ratio in sales packaging, there is no maximum threshold established
in the PPWR; instead, it is left to the relevant economic operator who fills sales packaging to
minimise the empty space and to demonstrate this in the technical documentation. This provision
should be read in conjunction with Article 10 on packaging minimisation.
3) Are the design patents covered by the 50% empty space ratio requirement?
Contrary to Article 10 on packaging minimisation, Article 24 does not have specific exemptions
for packaging covered by packaging design rights or trademarks. However, the 50% threshold
applies only to grouped packaging, transport packaging and e-commerce packaging (Article 24(1)).
4) How will round products and other irregular shapes be addressed by the
methodology for the calculation of the empty space?
By 12 February 2028, the Commission shall adopt implementing acts to establish the methodology
for the calculation of the empty space ratio for grouped packaging, transport packaging and
ecommerce packaging (Article 24(2)). That methodology shall consider the special characteristics
of packaging which needs to be placed in an empty space that is large enough to comply with the
applicable legal requirements or to protect the product. The methodology shall take into account
packaged products of irregular shape, packaging containing more than one sales packaging or
product, packaging containing liquid products, packaged products the content of which can easily
be damaged and packaged products that can be damaged by larger products due to their small
dimensions, and the minimum space on the transport packaging to enable shipment labels to be
affixed. Economic operators will need to comply with the empty space ratio threshold by 1 January
2030 or 3 years after the entry into force of this implementing act.
The methodology will be based on a wide range of examples, including irregular shapes.
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