Packaging Packaging Waste Directive
Bowie Maur
Although the implementation of these rules has been considered a success, the amount of packaging waste in the EU is still increasing, and too many of our finite resources are being wasted without being recirculated into the economy.
EU rules on packaging cover all types of packaging and packaging waste placed on the European market. This means all materials, and packaging including industrial, commercial, household and other sectors.
These rules regulate what kind of packaging can be placed on the EU market, as well as packaging waste management and packaging waste prevention measures. All packaging placed on the EU market has to comply with essential requirements related to its manufacturing, composition, and reusable or recoverable nature.
Among other rules, by end of 2024, EU countries should ensure that producer responsibility schemes are established for all packaging. The Directive also sets the following specific targets for recycling.
The Inception Impact Assessment was published on 11 June 2020 with a feedback period up to 6 August. A Study on the Effectiveness of the essential requirements for packaging and packaging waste and proposals for their reinforcement was completed in early 2020. In addition to targeted stakeholder consultations and interviews as well as several workshops, an open public consultation was held from September 2020 to 6 January 2021 and concluded with almost 500 responses from general public and stakeholders.
Following years of assessments, discussions, stakeholder meetings and intense trilogue consultations, on April 24, 2024, the European Parliament adopted the Packaging and Packaging Waste Regulation (PPWR) at first reading, which should contribute to the transition to a circular economy. Once in full effect, the PPWR will replace the Packaging Directive 94/62/EC.
Percentages of recycled plastics content in packaging. Any plastic part of packaging placed on the market, in future, must contain a minimum percentage of recycled content, recovered from post-consumer plastic waste, and calculated as an average per manufacturing plant and year (Art. 7 PPWR). The minimum percentages differ depending on packaging type, such as:
Article 7(3) PPWR requires that packaging and packaged products imported into the EU from third countries must also comply with the minimum recycled content requirements. In addition, imports may enter the market only when originating from a country that has equivalent rules concerning the prevention and reduction of emissions into air, water and land associated with recycling operations. It remains to be seen, whether third countries see these requirements as violating World Trade Organization (WTO) rules, and seek to challenge them in WTO dispute settlement against the EU.
EU conformity declaration. The PPWR will require packaging manufacturers to issue a declaration of conformity for packaging before placing it on the market. That declaration requires an assessment that the packaging complies with Art. 5-12 PPWR (Art. 15, 39 PPWR). The declaration must follow a specific format and content and must be kept and provided to authorities upon request for 5 years after placing single-use packaging on the market and 10 years after reusable packaging is placed on the market.
Notable exemptions exist for all re-use targets, e.g., cardboard boxes, packaging used for the transport of dangerous goods and certain food contact packaging are generally excluded from these re-use targets as well as packaging of certain beverages (in particular wine products). Further, final distributors having a sales area of not more than 100 m are exempt.
Refill/re-use systems in the HORECA sector. The PPWR will require final distributors in the HORECA sector offering beverages or ready-prepared food in take-away packaging (of all materials) to provide the option of refill and re-use systems to consumers at no higher costs and no less favorable conditions than beverages and food in single-use packaging (Art. 32, 33 PPWR). Final distributors must inform end consumers about these possibilities at the point of sale. For German final distributors, this will lead to changes of the existing obligations under 33 of the German Packaging Act (VerpackG), which already covers single-use beverage cups of all materials, but so far is limited to single-use plastic packaging for food.
Extended producer responsibility. Articles 44-47 PPWR introduce extended producer responsibility (EPR) for packaging producers, e.g., in the form of financial participation in the costs of collecting, sorting, and recycling packaging waste (Art. 8, 8a Waste Directive 2008/98/EG). Producers may delegate their EPR obligations to PROs. Reporting duties will become significantly more complex.
Return, collection and deposit return systems. Articles 48-50 PPWR require Member States to set up systems and infrastructure for the return and separate collection of all packaging waste from end users to facilitate its preparation for re-use and high-quality recycling.
Furthermore, every Member State is required to establish, by January 1, 2029, deposit and return systems to ensure the separate collection of single use plastic beverage bottles and single use metal beverage containers with a capacity of up to three liters. These deposit and return systems need to ensure the separate collection of at least 90% per year by weight of the respective packaging. Notable exemptions exist for wine products, alcohol-based spirituous beverages, milk, and milk products as well as the option for Member States to exempt packaging with capacities lower than 0,1 liters, as well as national deposit and return systems already established. Stakeholders in Germany are already familiar with such systems as nationwide return and collection systems as well as a nationwide deposit and return system are already established.
Green public procurement. Article 63 PPWR sets out minimum mandatory requirements for public contracts in which the packaging or packaged products represent more than 30% of the estimated contract value or of the value of products used by the services object of the contract. As the EU Commission is asked to adopt implementing acts specifying these minimum requirements, it remains to be seen how this measure will affect future public procurement procedures in the Member States.
The current EU Packaging Directive is set to be replaced by a new EU Packaging and Packaging Waste Regulation (PPWR). As of today, this new EU Packaging Regulation PPWR has not yet fully come into force. However, it is already clear that the regulation will have significant consequences for online commerce within the EU. This is especially true for small businesses shipping to various European countries, but the regulation also impacts fulfillment service providers, marketplaces, and private households.
Packaging that enters the market must be produced to contain no or only a minimal amount of harmful substances. This applies not only to the packaging material itself, but also to all components it comprises, such as prints or writings.
The void space ratio must not exceed 50%. Void space refers to the space in packaging filled with filler materials such as paper, air cushions, bubble wrap, foam, or similar. The void space ratio is the ratio between the total volume and the volume of the contained products.
This means that packaging must contain information that enlightens the people receiving or disposing of the products about the ingredients processed in the packaging. This ensures correct disposal, recycling, and reuse.
This means that every company or online seller that ships goods to a European country in which they do not have a branch must have a representative for extended producer responsibility in each of these countries.
The role of fulfillment service providers is described in Article 18. However, little to nothing has changed for them. They just need to ensure that the packaging they handle from their customers meets certain conditions during storage, packaging, addressing, and shipping that do not impair the packaging. These conditions could change in the coming years as packaging materials may evolve.
Especially for environmentally conscious consumers, the disposal of shipping packaging will become easier and more feasible, as materials must be better labeled. Furthermore, it could lead to less packaging waste in private households overall, as packaging is to be minimized and fewer filler materials used.
Another positive aspect is that harmonized databases on packaging are to be established. These should include information on the extent, characteristics, developments, and hazards of materials and packaging volumes and be filled with data from all countries. This could lead to more transparency and comparability.
In particular, Article 40 could create trade barriers. Appointing a representative in each member state poses a significant challenge, especially for small and medium-sized businesses. Implementation and taking care of this aspect needs a lot of time and money, many small companies can not afford. So they may have to stop shipping goods to various countries.
Within the EU, reporting and registration should be uniformly regulated so that in the best-case scenario, one only has to join a single take-back system. Companies based outside the EU should then only have a single authorized representative for the entire EU.
Alternatively, exceptions for micro-businesses or smaller quantities should be included. Companies would then be required to register and appoint representatives in the respective countries depending on the quantities.
The regulation focuses on improved recyclability of packaging, mandatory quotas for reusable packaging, and minimum recycled material content in packaging. Similar to the existing directive, the new regulation requires online retailers and other companies to take responsibility for the disposal and recycling of packaging waste, in line with extended producer responsibility.
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