Packaging and packaging waste are currently regulated by European Union (EU) Directive 94/62/EC, which sets out measures to prevent packaging waste and to promote reuse, recycling and other forms of recovery to achieve circular economy goals. Elaine Campling from ESMA HSEP Committee looks into the planned changes.
An amendment in 2018 (Directive 2018/852) established the waste hierarchy in line with the EU Waste Framework Directive (2008/98/EC), which prioritises the prevention of waste, followed by reuse, recycling and recovery. Disposal is the least desirable waste management option. The 2018 revision also increased targets for overall recycling of packaging and higher material-specific targets, along with introducing ceilings for concentration levels of lead, cadmium, mercury and hexavalent chromium present in packaging or packaging components. Despite these measures, packaging waste continues to grow, totalling in excess of 84 million tonnes in 2021. In 2021, each European was associated with generating 188.7 kg of packaging waste, 11 kg more than in 2020. This is expected to increase to 209 kg in 2030 without additional controls.
To address the packaging burden, a new regulation was tabled by the European Commission in November 2022. Regulations are directly acting in Member States, whereas a directive must be transposed into national legislation and is subject to interpretation. The new legislation was adopted by the European Parliament in April of this year. Subject to transitionary measures and final adjustments, the regulation introduces several requirements, some of which are outlined below:
- Manufacturers will be required to ensure that packaging is designed so that its weight and volume are reduced to the minimum necessary for functionality.
- All packaging (except for lightweight wood, cork, textile, rubber, ceramic, porcelain and wax) will be required to be recyclable.
- A ban on the use of so called ‘forever chemicals’ (per- and polyfluorinated alkyl substances or PFASs) above certain thresholds in food contact packaging from 18 months after the date that the new regulation enters into force.
- Reusable packaging sold from four years after the new regulation enters into force will have to bear a label informing users that it is reusable.
The regulation lays several conditions for packaging to be considered reusable e.g. it can be reused multiple times, it can be emptied or unloaded without causing damage to the packaging, or it fulfils the requirements regarding consumer health, safety and hygiene. By 31 December 2026, the Commission supported by the European Chemicals Agency is required to draft a report on the presence of substances of concern in packaging, with further plans to prohibit their presence in packaging materials that prevent reuse and recycling.
Member States are empowered to use economic instruments to provide incentives to apply the waste hierarchy through measures including extended producer responsibility schemes, with additional financial contributions from packaging producers anticipated. The regulation is expected to be published in the Official Journal of the EU in late 2024, and subsequently start to apply 18 months after. It foresees a phased rollout, with the European Commission intending to issue targeted Delegated or Implementing Acts to support the implementation.
Sustainability of packaging remains the necessary focus of attention at the ESMA Health, Sustainability and Environmental Protection (HSEP) Committee meetings. Please join us there for discussions on this and other important topics. Check next dates at esma.com/committees/hsep
