Pagina Protetta

Packaging and packaging waste

A new Regulation to replace Directive 94/62/E

Executive Summary

Packaging production and packaging waste management represent a crucial economic sector within the European Union, generating an impressive annual turnover of €370 billion. This sector not only plays a significant role in the EU economy but also holds substantial potential to advance Europe towards a clean, sustainable, and circular economy, as envisioned in the European Green Deal. Despite improvements in recycling rates across the EU, the growth in packaging waste production continues to outpace recycling efforts. Over the last decade, packaging waste has increased by nearly 25%, with projections indicating a further 19% rise by 2030. For plastic packaging waste alone, an alarming increase of 46% is expected by 2030.
European legislation on packaging and packaging waste under Directive 94/62/EC, amended up to 2018 and soon to be replaced by an upcoming EU Regulation (see below), has failed to meet its environmental and internal market objectives, despite the introduction of concrete measures. The varied national approaches to implementation and unilateral packaging policies by some Member States have led to disparate national regulatory frameworks. Given the sustainability challenges outlined in the impact assessment report, such as the increase in packaging waste, obstacles to packaging circularity, and the low use of recycled content in plastic packaging, this trend is likely to continue. Different national standards diminish the effectiveness of policy and jeopardise the actual creation of a circular economy.
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The regulatory gaps in the current Directive (for example, poorly conceived essential requirements for packaging and difficulties encountered by Member States in applying them) have highlighted the need for harmonisation and for transforming the harmonised rules into a regulation, rather than revising the current directive. To further promote the transition to a circular and low-carbon economy and to remove obstacles to the internal market, a new comprehensive set of regulatory solutions, including specific prescriptions for businesses, was deemed necessary. The shift to a new EU Regulation establishing harmonised standards was strongly supported by all stakeholders in the business world.
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In response to these challenges, the European Commission proposed a new Regulation COM(2022) 677 final in November 2022 aimed at overhauling the existing framework. This proposal was deliberated upon by the European Parliament and Council in November and December 2023 on 24 April 2024 and ratified by the EU Council in May.
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The new Regulation will ensure that all 27 Member States adhere to their obligations simultaneously and uniformly. Uniform prescriptions for all market participants will provide the necessary legal certainty, reduce competition distortion, and send clear signals to non-EU market actors looking to enter the EU market. The regulation also empowers the Commission to develop implementing measures to further specify the regulation where necessary, enabling the rapid establishment of common standards.
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The agreement on this new Regulation retains the core sustainability targets set by the Commission for all packaging on the market, including ambitious recycling content targets for 2030 and 2040. Notably, it introduces stricter requirements for substances in packaging, specifically restricting the use of per- and polyfluorinated alkyl substances (PFASs) in food contact packaging beyond certain thresholds. The European Commission is tasked with reviewing these restrictions within four years to ensure no overlap with other legislation.
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POLICY: Environment (eEuropa EU Environment Policy Platform)
CURRENT LEGAL ACT:  Directive 94/62/EC, to be replaced by a new EU Regulation

Recycling Targets: Prospects for EU Member States

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Source: European Environment Agency (EEA)

1. Current EU Legislation

Objective and Scope

Directive 94/62/EC, also known as the Packaging and Packaging Waste Directive, is a foundational legislative framework established by the European Union to manage packaging and packaging waste more effectively across member states. The directive aims to harmonise national measures concerning the management of packaging and packaging waste, thereby enhancing environmental quality by reducing the impact of packaging on the environment.
 
The Directive covers all packaging placed on the EU market and all packaging waste, irrespective of the material used and irrespective of where it is used or disposed of, across industrial, commercial, office, retail, service, household, or any other level.
Key Provisions and Measure
The Directive mandates EU countries to take specific measures to prevent the generation of packaging waste and to minimise the environmental impact of packaging
This includes:

  • National Programs and Incentives: Implementing national programs and creating incentives through extended producer responsibility schemes and other economic instruments to prevent packaging waste generation.
  • Reusable Packaging: Encouraging an increase in the share of reusable packaging on the market and promoting systems for the reuse of packaging in an environmentally sound manner. This could include deposit-return schemes, setting targets, providing economic incentives, and stipulating minimum percentages of reusable packaging for each type of packaging.
  • Recycling Targets: Establishing necessary measures to meet ambitious recycling targets set for various packaging materials by specific deadlines. By 2025, at least 65% by weight of all packaging waste must be recycled, with material-specific targets ranging from 50% for plastics to 75% for paper and cardboard. By 2030, these targets increase, with an overall recycling goal of at least 70% by weight.
Essential Requirements
 
Member states must ensure that all packaging on the market meets certain essential requirements:

  • Minimising packaging volume and weight to the necessary amount for safety, hygiene, and acceptance.
  • Reducing the content of hazardous substances and materials in packaging and its components.
  • Designing packaging to be reusable or recoverable, including through recycling and energy recovery.
 
Targets
 
Keep in mind these two important dates.
 
By 31 December 2025, at least 65% by weight of all packaging waste must be recycled. The recycling targets per material are:
  • 50% of plastic
  • 25% of wood
  • 70% of ferrous metals
  • 50% of aluminium
  • 70% of glass, and
  • 75% of paper and cardboard.
 
By 31 December 2030, at least 70% by weight of all packaging waste must be recycled. This includes:
  • 55% of plastic
  • 30% of wood
  • 80% of ferrous metals
  • 60% of aluminium
  • 75% of glass and
  • 85% of paper and cardboard.
 
Harmonised standards for packaging
 
The European Standardisation Organisation (CENELEC) has developed harmonised standards for essential requirements of packaging. Product packaging manufactured in accordance with one of these standards is presumed to comply with the relevant Packaging and Packaging Waste Directive essential requirements.
Commission communication 2005/C 44/13

 
Producer Responsibility and Recovery Systems
 
By the end of 2024, EU countries are required to establish producer responsibility schemes for all types of packaging. These schemes must cover the costs for the organisation and financial management of collecting, treating, and recycling packaging waste. The directive sets forth a framework for these schemes to encourage the design of environmentally friendly packaging and improve the overall effectiveness of packaging waste management.
 
 Reporting and Compliance
 
EU countries must report annually to the Commission on the implementation of the directive, with new rules introduced to enhance the quality control of reported data and ensure traceability, especially of waste exported for recycling to non-EU countries.
 
Impact and Future Directions
 
Directive 94/62/EC represents a significant effort by the European Union to tackle the environmental challenges posed by packaging waste. It aligns with broader EU policies on waste reduction, resource efficiency, and sustainable development, aiming to transform how packaging is produced, used, and recycled across Europe.
 
Implementation and Compliance Dates
 
The original directive has been in force since December 31, 1994, and had to be transposed into national law by EU countries by June 30, 1996. The amending Directive (EU) 2018/852 has been applicable since July 4, 2018, and had to become law in the EU countries by July 5, 2020.
 
Amended by
Judgments of the Court on this Directive

Ask the latest list of Court cases
 
Related Documents to the Directive

  • Commission Implementing Decision (EU) 2021/19 of 18 December 2020 laying down a common methodology and a format for reporting on reuse in accordance with Directive 2008/98/EC of the European Parliament and of the Council (OJ L 10, 12.1.2021, pp. 1–7).
  • Commission Implementing Decision (EU) 2019/1004 of 7 June 2019 laying down rules for the calculation, verification and reporting of data on waste in accordance with Directive 2008/98/EC of the European Parliament and of the Council and repealing Commission Implementing Decision C(2012) 2384 (OJ L 163, 20.6.2019, pp. 66–100).
  • Commission Delegated Decision (EU) 2019/1597 of 3 May 2019 supplementing Directive 2008/98/EC of the European Parliament and of the Council as regards a common methodology and minimum quality requirements for the uniform measurement of levels of food waste (OJ L 248, 27.9.2019, pp. 77–85).
  • Commission Implementing Decision (EU) 2019/2000 of 28 November 2019 laying down a format for reporting of data on food waste and for submission of the quality check report in accordance with Directive 2008/98/EC of the European Parliament and of the Council (OJ L 310, 2.12.2019, pp. 39–45).
  • Commission Directive (EU) 2015/1127 of 10 July 2015 amending Annex II to Directive 2008/98/EC of the European Parliament and of the Council on waste and repealing certain Directives (OJ L 184, 11.7.2015, pp. 13–15).
  • Commission Decision 2000/532/EC of 3 May 2000 replacing Decision 94/3/EC establishing a list of wastes pursuant to Article 1(a) of Council Directive 75/442/EEC on waste and Council Decision 94/904/EC establishing a list of hazardous waste pursuant to Article 1(4) of Council Directive 91/689/EEC on hazardous waste (OJ L 226, 6.9.2000, pp. 3–24)
 
 

 
2. The new Regulation
 
The new EU Regulation will be applied 18 months after the date of entry into force, i.e. after being published in the EU’s Official Journal.
 
On 30 November 2022, the Commission proposed to revise the Packaging and Packaging Waste Directive by a Proposal for a Regulation COM(2022) 677. This review contributes to reaching the objective of the European Green Deal and the new circular economy action plan to ensure that “all packaging on the EU market is reusable or recyclable in an economically viable way by 2030”. It will also contribute to the commitment of the 2018 Plastics Strategy to ensure that by 2030 all plastics packaging placed on the market can be reused or recycled in a cost-effective manner”.

 
Content of the new Regulation
 
The new Regulation aims to:
  • prevent the generation of packaging waste, reducing it in quantity, and promoting reuse and refill
  • ensure that all packaging on the EU market will be recyclable in an economically viable way by 2030
  • increase the use of recycled plastics in packaging, thus enabling more high quality (“closed loop”) recycling and substituting virgin materials
 
The key measures to bring about change on the ground include:
  • targets for packaging waste reduction at Member State level, and mandatory reuse targets for economic operators for selected packaging groups
  • restricting over-packaging and certain forms of unnecessary packaging, and supporting reuse and refill systems
  • establishing criteria for design for recycling to be applied to all packaging
  • minimum inclusion rates for recycled content in plastic packaging
  • mandatory deposit return systems for plastic bottles and aluminium cans
  • harmonised labelling of packaging and waste bins to facilitate correct consumer disposal of packaging waste
 
The agreement reached by the two European legislative institutions on the revision of packaging regulations, aligned with the European Green Deal, introduces several key elements aimed at enhancing sustainability and reducing waste in packaging:
 
  Sustainability Requirements and Recycled Content
  • Retains most of the Commission's proposed sustainability requirements for all packaging placed on the market.
  • Sets binding minimum recycled content targets for plastic packaging for 2030 and indicative targets for 2040, with exemptions for compostable plastic and packaging containing less than 5% plastic by weight.
  • Introduces restrictions on food contact packaging containing per- and polyfluorinated alkyl substances (PFASs) above specific thresholds, with provisions for future review.
  Reduction of Unnecessary Packaging
  • Measures to minimise empty space in grouped, transport, and e-commerce packaging, with a maximum empty space ratio of 50%.
  • Requirements for manufacturers and importers to ensure the minimisation of packaging weight and volume, except for necessary protected designs.
  Re-use Targets and Refill Obligations
  • Sets binding re-use targets for 2030 and indicative targets for 2040 for selected packaging types (e.g., beverage, transport, and grouped packaging), with exemptions under specific conditions.
  • Introduces requirements for take-away businesses to allow customers to use their own containers for beverages and prepared foods without additional charges.
  • Aims for at least 10% of products to be in reusable packaging formats by 2030.
  Deposit Return Systems (DRS)
  • Member States must ensure a 90% annual collection rate by 2029 for single-use plastic bottles and metal beverage containers, primarily through DRSs.
  • Exemptions are granted for Member States achieving an 80% separate collection rate by 2026, with a satisfactory plan to reach the 90% target.
  Restrictions on Specific Packaging Formats
  • Restrictions on single-use plastic packaging for specific products, including:
    • Fresh fruit and vegetables.
    • Food and beverages consumed on-site in the HORECA sector.
    • Small cosmetic and toiletry products in the accommodation sector.
    • Lightweight plastic bags for bulk groceries.
  Design for Recycling and Recyclability
  • Establishes criteria for design-for-recycling to ensure all packaging is fully recyclable.
  • Introduces recyclability performance grades (A, B, C) for packaging, banning packaging achieving recyclability below 70%.
  Green Public Procurement (GPP)
  • Sets mandatory environmental requirements for public procurement contracts involving packaging, aligned with EU sustainability goals.
  • Allows exemptions in cases of public health, security, or technical difficulties.
  Enforcement, Monitoring, and Penalties
  • Strengthens market surveillance to ensure compliance with packaging requirements.
  • Implements effective, proportionate, and dissuasive penalties for infringements.
  • Enhances reporting obligations for Member States and producers, ensuring transparency on packaging waste generation and recycling performance.
 
 
 
3. Opportunities and Challenges
 
Your Opportunities
 
There are several opportunities associated with addressing packaging waste in Europe:

  1. Innovation and Research: Investing in research and innovation to develop sustainable packaging materials and technologies presents a significant opportunity. This includes exploring biodegradable materials, bio-based plastics, and innovative recycling technologies that can improve the recyclability and environmental performance of packaging.
  2. Circular Economy: Shifting towards a circular economy model offers vast opportunities for reducing packaging waste. Designing packaging for reuse, promoting refillable and returnable packaging systems, and implementing efficient collection and recycling infrastructure can create new business models and economic opportunities while minimising waste generation.
  3. Market Demand: Consumer preferences are evolving towards sustainable products and packaging. Businesses that prioritise sustainable packaging solutions can capitalise on this growing market demand, enhancing their brand reputation and competitiveness.
  4. Job Creation: Transitioning to a circular economy for packaging can create jobs across various sectors, including manufacturing, research and development, waste management, and recycling. This includes opportunities for skilled technicians, engineers, designers, and waste management professionals.
  5. Cost Savings: Implementing efficient packaging waste management practices can lead to cost savings for businesses. Designing packaging for recyclability and optimising recycling processes can reduce waste disposal costs and raw material consumption, contributing to overall cost efficiency.
  6. Regulatory Compliance: Compliance with EU regulations and directives on packaging waste management presents an opportunity for businesses to demonstrate their commitment to environmental sustainability. By adhering to recycling targets and implementing sustainable packaging practices, businesses can avoid regulatory penalties and enhance their corporate reputation.
  7. International Cooperation: Collaboration with international partners and stakeholders can facilitate knowledge exchange, technology transfer, and best practices sharing in packaging waste management. This can lead to synergies and collective action to address global challenges associated with packaging waste.
 
Addressing packaging waste presents multifaceted opportunities for businesses, governments, and society to transition towards a more sustainable and circular economy, while simultaneously mitigating environmental impacts and promoting economic growth.
 
Challenges
           
Addressing packaging waste in Europe also presents several challenges that need to be managed effectively:
  1. Complexity of Packaging Materials: Modern packaging often involves a combination of different materials to meet various functional requirements, such as durability, flexibility, and moisture resistance. This complexity can make recycling processes more difficult, as separating these materials can be both technically challenging and economically unfeasible.
  2. Economic Viability: Developing and implementing new recycling technologies or introducing biodegradable materials can be costly. The economic viability of such initiatives often depends on scale, market demand for recycled materials, and fluctuating prices of virgin materials, which can discourage investment in advanced recycling facilities.
  3. Consumer Behavior: While there is a growing consumer interest in sustainable products, changing consumer habits on a large scale is challenging. There is often a lack of awareness about proper waste segregation practices and the environmental impact of improper disposal, which can limit recycling effectiveness.
  4. Regulatory Compliance: Meeting the stringent targets set by EU directives requires significant coordination and investment from both public and private sectors. Ensuring compliance across all member states can be challenging due to varying levels of infrastructure, economic development, and regulatory enforcement capabilities.
  5. Global Supply Chains: The global nature of supply chains can complicate efforts to control and reduce packaging waste. Different countries have varying standards and regulations, making it difficult to ensure sustainability and recyclability in packaging materials throughout the product lifecycle.
  6. Technological Limitations: Despite advancements in recycling technology, there are still significant limitations in the ability to recycle certain types of plastics and composite materials. Developing technologies that can economically recycle these materials remains a major challenge.
  7. Inadequate Infrastructure: The lack of sufficient recycling infrastructure in some regions can hinder the collection and processing of packaging waste. Expanding these facilities and ensuring they are equipped with modern technology require substantial investment and planning.
  8. Impact of New Materials: While biodegradable and compostable materials offer potential benefits, they also pose challenges in terms of their impact on existing waste management systems. For example, biodegradable plastics require specific conditions to degrade properly and can contaminate traditional recycling streams if not properly sorted.
  9. Legislative Coordination: Aligning national laws with EU directives and achieving harmonisation across different jurisdictions is an ongoing challenge. Differences in implementation can lead to disparities in recycling rates and waste management practices across Europe.
  10. Data and Reporting: Collecting accurate and comprehensive data on packaging waste generation and recycling is crucial for monitoring progress and making informed policy decisions. However, discrepancies in reporting methods and standards can affect the reliability of data, complicating efforts to assess and enhance system effectiveness.
 
These challenges require coordinated efforts between governments, industry stakeholders, and consumers, along with continuous innovation and investment in sustainable packaging solutions and waste management technologies.
 

4. Other EU Waste Management Rules by Category
Consult our Platform or Ask for eBriefings on these categories
 

  • Batteries and accumulators - EU rules on batteries and accumulators.
  • Biodegradable waste - EU measures on treating bio-waste, including by limiting the amount sent to landfill.
  • Construction and demolition waste - EU rules on the management of construction and demolition waste.
  • End-of-life vehicles - EU measures to prevent and limit waste from vehicles once they come to their end-of-life.
  • Landfill waste - EU rules to reduce the amount of waste sent to landfill, as this is the most polluting way to deal with waste.
  • Mining waste - EU rules on the proper management of mining waste.
  • Polychlorinated biphenyls and polychlorinated terphenyls (PCBs/PCTs) - EU rules on the safe disposal of PCBs and PCTs.
  • Restriction of Hazardous Substances in Electrical and Electronic Equipment (RoHS) - EU rules restricting the use of hazardous substances in electrical and electronic equipment (RoHS).
  • Sewage sludge - EU rules regulating the use of sewage sludge, and promoting its use in agriculture.
  • Ships - EU rules on making ship recycling greener and safer.
  • Waste containing POPs - EU rules on waste containing persistent organic pollutants (POPs).
  • Waste oil - EU rules on collecting and treating waste oils.
  • Waste shipments - EU rules on transporting waste within and beyond EU borders.
  • Waste from Electrical and Electronic Equipment (WEEE) - EU rules on treating waste electrical and electronic equipment (WEEE).
 


5. Comparison: EU Packaging Regulation vs. U.S. State-Level Packaging EPR Laws  

Scope and Applicability
EU Regulation:
• Applies to all packaging types and materials (plastic, paper, glass, metal, wood, etc.) across all Member States.
• Targets both prevention of packaging waste and improvement of recycling.
 
U.S. State EPR Laws:
• State-specific laws with limited national coordination.
• Primarily focus on specific packaging materials like plastic, paper, and glass.
• Scope varies by state:
• California: Single-use plastics.
• Maine, Colorado, and Minnesota: Broad coverage of packaging materials.
• New Jersey and Washington: Focused on recycled content mandates for specific products.
 
Prevention of Packaging Waste

EU Regulation:
• Sets binding waste reduction targets for packaging across all Member States.
• Promotes reuse and refill systems, with reuse targets for various sectors and product types.
• Limits excessive packaging, including setting a 50% empty space ratio for grouped, e-commerce, and transport packaging.
 
U.S. State EPR Laws:
• California: 25% reduction in plastic packaging by 2032.
• Maine and Minnesota: Incentivize producers to minimize packaging and promote sustainable design.
• Overall, U.S. laws lack explicit binding waste reduction targets like those in the EU.
 

Recyclability and Design for Recycling

EU Regulation:
• Requires that all packaging on the EU market be 100% recyclable by 2030 in an economically viable way.
• Introduces recyclability performance grades (A, B, C) for packaging, restricting low-performing packaging (below 70% recyclability).
• Mandates design-for-recycling criteria for packaging materials.
 
U.S. State EPR Laws:
• California: 100% of packaging must be recyclable or compostable by 2032.
• New Jersey and Washington: Mandate minimum recycled content for specific products.
• Oregon: Incentivizes design innovation by imposing higher fees for non-recyclable products.
• Overall, U.S. states focus more on post-consumer recycled content mandates than on recyclability design criteria.
 

Recycled Content Requirements

EU Regulation:
• Sets minimum inclusion rates for recycled content in plastic packaging by 2030 and 2040, with a gradual increase.
• Applies across all Member States.
 
U.S. State EPR Laws:
• States like New Jersey and Washington impose specific recycled content obligations for targeted products (e.g., plastic bottles, trash bags, paper bags).
• Washington: Expands obligations gradually to include broader packaging types.
 

Reuse and Refill Targets

EU Regulation:
• Sets mandatory reuse targets for various packaging types (e.g., beverage containers, transport packaging).
• Requires take-away businesses to allow consumers to use their own containers for food and beverages without extra charges.
• Target: 10% reusable packaging by 2030.
 
U.S. State EPR Laws:
• U.S. laws do not include binding reuse targets comparable to the EU.
• Focus is more on recycling and less on reuse systems or refill incentives.
 

Deposit Return Systems (DRS)

EU Regulation:
• Requires Member States to achieve a 90% annual collection rate for single-use plastic bottles and metal beverage containers by 2029, primarily via DRSs.
• Allows exemptions for countries meeting interim 80% collection targets with an implementation plan.
           
U.S. State EPR Laws:
• States like California have implemented successful deposit systems for beverage containers but DRS laws are not uniformly applied across the U.S..
• No binding targets like the EU’s 90% collection rate.
 

Restrictions on Specific Packaging Formats

EU Regulation:
• Bans certain types of single-use packaging, including:
• Plastic packaging for fresh fruit and vegetables.
• Single-use food and beverage packaging in the HORECA sector.
• Small cosmetic/toiletry products in the accommodation sector.
 
U.S. State EPR Laws:
• New Jersey bans the sale of polystyrene loose-fill packaging (e.g., packing peanuts).
• Other states focus on reducing specific plastic packaging but do not impose a broad ban across multiple formats.
 


Enforcement and Penalties

EU Regulation:
• Requires Member States to establish effective penalties for non-compliance.
• Market surveillance authorities monitor compliance at national and EU levels.
 
U.S. State EPR Laws:
• States like Minnesota impose penalties ranging from $25,000 to $100,000 for failure to comply with reporting and registration requirements.
• Enforcement mechanisms and penalties vary significantly across states.
 
 
Green Public Procurement (GPP)  
    
EU Regulation:
• Mandates minimum green public procurement requirements for contracts involving packaging, aligned with EU sustainability goals.
U.S. State EPR Laws:
• U.S. laws do not address GPP requirements at the state level.
 
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Summary of Key Differences

Conclusion

  • The EU Packaging Regulation provides a more comprehensive, harmonized framework with binding targets for waste prevention, recyclability, reuse, and recycling.
  • U.S. state-level EPR laws, while significant, are fragmented and focus more on recycled content requirements and cost-sharing mechanisms rather than broad systemic changes. The EU model is more ambitious and structured, aiming for full packaging circularity by 2030.
 
 
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Legal Notice
This eBriefing provides a general overview of EU regulations on Packaging and Waste Packaging and other EU regulations. While every effort has been made to ensure accuracy, it does not constitute legal advice. For specific cases and detailed analysis, refer to the official legislative texts.

For comprehensive details and insights on EU initiatives and legislation regarding EU Environment Protection Policy, go to
eEuropa Platform on Environment


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