EU Regulations on Packaging and Waste: Navigating the Revised Packaging and Packaging Waste Directive

As we progress through 2024, the European Union (EU) has implemented significant changes in its approach to packaging and packaging waste. The revised Packaging and Packaging Waste Directive, transitioning from a directive to a regulation, aims to harmonize measures across member states, promote recycling and reuse, and reduce the environmental impact of packaging waste. This article explores the details of the EU's revised directive and its implications for businesses and the environment.

From Directive to Regulation: Aiming for Harmonization

The transition from a directive to a regulation in the EU's packaging and waste management strategy marks a strategic shift towards uniform implementation across member states. This change is designed to reduce discrepancies observed in extended producer responsibility (EPR) and environmental labeling obligations among different EU countries. The regulation establishes comprehensive requirements for the entire packaging life cycle, from design to disposal, setting ambitious targets to promote high-quality ‘closed loop’ recycling and reduce the need for primary natural resources.

Extended Producer Responsibility (EPR) and Recycling Targets

The revised regulation harmonizes fundamental EPR concepts across the EU. It introduces a national registration obligation for producers and requires them to either join national producer responsibility organizations or fulfill obligations individually. This aims to create uniformity among national EPR schemes. The regulation also sets ambitious recycling targets for various materials, including plastics, wood, and paper, to encourage recycling and reduce packaging waste.

Minimizing Hazardous Substances and Enhancing Recyclability

Under the revised regulation, heavy metals like lead, cadmium, mercury, and hexavalent chromium in packaging are to be minimized. The regulation stresses that all packaging should be recyclable by 2030 and meet 'recyclability at scale' requirements by 2035, including setting minimum recyclability criteria for all packaging and introducing mandatory targets for recycled content in plastic packaging.

Packaging Minimization and Single-Use Packaging Restrictions

The regulation mandates that packaging be reduced to the minimum necessary for its functionality, with a ban on packaging that only serves to increase perceived volume. It also includes a ban on several types of single-use packaging, such as certain types used by retailers and in the hospitality sector, to reduce unnecessary packaging waste.

Encouraging Reusable Packaging and Setting Targets

Business operators using reusable packaging are required to participate in systems for reuse that meet specific requirements. The regulation sets targets for a percentage of hot and cold beverages and takeaway pre-prepared food to be available in reusable packaging within a system for reuse or refill by 2030, with these targets increasing significantly by 2040.

Declaration of Conformity and Compostable Packaging

Manufacturers are required to carry out a conformity assessment and maintain a Declaration of Conformity along with technical documentation for ten years after the packaging is placed on the market. The regulation also stipulates that certain items, such as tea and coffee bags, be compostable in industrially controlled conditions, promoting the use of compostable materials without affecting the recyclability of other waste streams.

New Labelling Requirements for Packaging

New labelling requirements will include information on the material composition, packaging reusability, and collection points. Packaging subject to a deposit return scheme (DRS) will need to bear an additional harmonized label. These labelling requirements are designed to inform consumers and facilitate better waste management practices.