EU Proposes Revisions of Rules on Packaging and Packaging Waste

As disclosed by EU, the current Directive 94/62/EC on Packaging and Packaging Waste¹ (PPWD) failed to reduce the negative environmental impacts of packaging. Part of the reason includes the different regulatory approaches adopted by different Member States, which led to an uneven market supervision and regulatory enforcement situation. Moreover, according to EU, since “40% of plastics and 50% of paper used in EU is for packaging use, EU will see a further 19% increase in packaging waste by 2030.”

Against the above background, EU believes that harmonization in the form of a regulation (in another word, EU-wide rules) is necessary. On November 30, 2022, EU proposes a Regulation on Packaging and Packaging Waste, Amending Regulation (EU) 2019/1020 and Directive (EU) 2019/904, and Repealing Directive 94/62/EC² (hereinafter the Proposal).

Major Content

The Proposal is applicable to all kinds of packaging and all packaging waste, no matter the waste is from industry, retail, households, etc. It raised requirements covering the entire life cycle of packaging, from the compliance of packaging itself, to the placement on the market as well as extended producer responsibilities (EPR) for post-consumer packaging waste. The purpose of this proposal is to prevent packaging waste and it has three specific objectives, “to reduce the generation of packaging waste; to promote a circular economy for packaging in a cost-efficient way; and to promote the uptake of recycled content in packaging”. From overall perspective, it helps to realize the objective of the European Green Deal, the circular economy action plan and the 2018 Plastics Strategy.

Key elements of this Proposal include:

All packaging shall be recyclable. Recyclable packaging shall be designed based on specific recycling criteria from January 1, 2030, and shall be recycled at scale from January 1, 2035.
The minimum recycled content in plastic packaging and exceptions are specified. For example, for single use plastic beverage bottles, the plastic part shall contain at least 30% of recycled content per unit of packaging from January 1, 2030; and at least 65% in 2040.
To restrict overpackaging, the weight and volume of packaging shall be reduced to the minimum necessary but ensuring its functionality as a packaging at the same time. Packaging with unnecessary layers, etc. shall not be on the market.
Requirements for compostable packaging are prescribed. EU also released a document named Communication from the Commission: EU Policy Framework on Biobased, Biodegradable and Compostable Plastics.
Regarding the labeling requirements, e-commerce packaging shall be with a label containing information on its composition. Packaging subject to deposit and return system shall be also marked with a harmonized label (established by the Commission). Packaging subject to EPR schemes or deposit and return system can be identified by a corresponding symbol to facilitate consumers in dealing with packaging waste.
Responsibilities for manufacturers, packaging suppliers, importers, distributors, etc. are settled down. E.g., Manufacturers shall carry out relevant conformity assessment procedure and draw up a technical documentation before placing products on the market. In addition, manufacturers shall draw up an EU declaration of conformity after the compliance of packaging is demonstrated by the conformity assessment procedure. Re-use and refill targets for economic operators are also regulated in the Proposal.

Besides the points mentioned above, the management of packaging and packaging waste is also emphasized by EU.

To manage packaging and packaging waste, each Member State shall reduce 5% packaging waste generated per capita by 2023 compared to that in 2018.
Member States are encouraged to use economic instruments and other measures to prevent the generation of packaging waste, including incentives through EPR schemes, etc.
Member States shall establish a register for producers. Producers shall submit the information specified in Part A of Annex IX.
Member States shall ensure that systems are effective in the return and separate collection of packaging waste.
Member States shall seek to set up deposit and return system for single use glass beverage bottles, beverage cartons and usable packaging. By January 1, 2029, Member States shall ensure deposit and return systems had been established for single use plastic beverage bottles and metal beverage containers no larger than three liters.
Packaging producers shall have extended producer responsibility for the packaging they use on the market for the first time in the territory of a Member State.
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Read the full text of the Proposal for more details.

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