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The New EU Packaging Waste Rules
This week, the European Parliament gears up to vote on a compromise text agreed upon with the Council. This vote is not just a procedural step; it is a testament to years of groundwork, debate, and negotiation aimed at curbing the environmental impact of packaging waste. The new rules will affect all packaging materials.
Stemming from the European Commission's 2020 initiative under the European Green Deal and the Circular Economy Action Plan, this legislation seeks to overhaul current practices by making all packaging recyclable by 2035, introducing minimum recycled content for plastic packaging by 2030, and setting ambitious targets for reducing packaging waste. The proposal has undergone extensive refinement, with the European Parliament proposing amendments for stricter waste reduction targets and the introduction of more sustainable packaging materials. Following the Parliament's vote, the text will move to a plenary vote and, if successful, to the Council for final approval. This legislative process represents a crucial step towards reducing the environmental impact of packaging waste and moving the EU closer to a circular economy.
The roots of this legislative initiative trace back to the European Commission's 2020 work programme, which flagged a revision of the Directive 94/62/EC on Packaging and Packaging Waste as a key priority under the European Green Deal and the new Circular Economy Action Plan. The objective is clear: to enhance the reuse and recycling of packaging, encourage the uptake of recycled content, and address issues such as over-packaging and packaging waste reduction.
On 30 November 2022, the Commission unveiled its Proposal for a Regulation COM(2022) 677 final on packaging and packaging waste. This ambitious document laid out a blueprint for a future where all packaging must be recyclable by 2035, introduced minimum recycled content requirements for plastic packaging from 2030, and set targets for reducing the consumption of lightweight plastic carrier bags, among other measures.
The main targets outlined in the initial proposal and subsequent amendments are as follows:
Recycling and Reusability Targets
Reduction in Packaging Waste
Content and Material Specifications
Additional Measures
These targets and measures represent a comprehensive effort to tackle the environmental issues associated with packaging and packaging waste. By setting clear and ambitious goals, the EU aims to lead the transition towards more sustainable packaging solutions, significantly reducing the ecological footprint of packaging waste.
On 30 November 2022, the Commission unveiled its Proposal for a Regulation COM(2022) 677 final on packaging and packaging waste. This ambitious document laid out a blueprint for a future where all packaging must be recyclable by 2035, introduced minimum recycled content requirements for plastic packaging from 2030, and set targets for reducing the consumption of lightweight plastic carrier bags, among other measures.
The main targets outlined in the initial proposal and subsequent amendments are as follows:
Recycling and Reusability Targets
- Recyclability: Mandate that all packaging placed on the market must be designed for recycling by 1 January 2030 and capable of being recycled at scale from 1 January 2035.
- Reusable Packaging: Introduce specific re-use and refill targets for different sectors and packaging formats. For example, by 1 January 2030, companies selling cold or hot beverages for take-away must ensure that 20% of those beverages are made available in reusable packaging within a system for re-use or by enabling refill, with this target increasing to 80% by 1 January 2040.
Reduction in Packaging Waste
- General Reduction Targets: Member States must reduce the packaging waste generated per capita, compared to the levels in 2018, by 5% by 2030, 10% by 2035, and 15% by 2040.
- EP Proposals: New specific targets have been proposed by the European Parliament, aiming for reductions of -10% by 2030, -15% by 2035, and -20% by 2040 compared to 2018 levels. However the compromise with the Council confirmed the Commission's proposal.
Content and Material Specifications
- Minimum Recycled Content: From 1 January 2030, introduce minimum recycled content requirements for plastic packaging, e.g., 30% for single-use plastic beverage bottles, with certain exemptions (e.g., for medical devices). These percentages are set to increase from 1 January 2040.
- Compostable Packaging: Certain packaging, such as filter coffee pods and sticky labels attached to fruit and vegetables, must be compostable within two years after the regulation enters into force.
Additional Measures
- Limiting Empty Space: Economic operators are obliged to limit the empty space ratio in packaging to a maximum of 40%, ensuring efficiency and waste reduction.
- Carrier Bags: By the end of 2025, the annual consumption of lightweight plastic carrier bags cannot exceed 40 bags per person, with exceptions for bags required for hygiene purposes or to prevent food wastage.
These targets and measures represent a comprehensive effort to tackle the environmental issues associated with packaging and packaging waste. By setting clear and ambitious goals, the EU aims to lead the transition towards more sustainable packaging solutions, significantly reducing the ecological footprint of packaging waste.
Legislative Milestones and Amendments
The European Parliament, with Mep Frédérique Ries (Renew, Belgium) as the rapporteur in the lead Committee on Environment (ENVI), played a pivotal role in refining the proposal. After tabling 2741 amendments, ENVI adopted its report on 24 October, with notable recommendations such as the prohibition of food contact packaging containing hazardous substances and the introduction of more stringent targets for the reduction of plastic packaging waste.
On 22 November 2023, the Parliament plenary adopted the ENVI report, amended to reflect a consensus on the urgent need for legislative action. The Council adopted its negotiating position on 18 December 2023, setting the stage for trilogue discussions that aimed to reconcile differences and forge a path forward.
The Compromise Text and What Lies Ahead
The compromise text with the EU Council that the European Parliament is set to vote on represents a delicate balance of ambitions and practicalities. It encompasses comprehensive measures to ensure packaging is designed for recyclability, promotes the use of reusable packaging, sets ambitious targets for reducing packaging waste, and mandates the establishment of deposit and return systems for certain packaging types.
The legislative process is structured to ensure that once ENVI votes in favor of the compromise text (this week), it will proceed to a plenary vote. A positive outcome will then require the Council's final endorsement. This sequential approach ensures that all stakeholders have a say in the final shape of the legislation, underscoring the EU's commitment to democratic processes and collaborative decision-making.
The compromise text with the EU Council that the European Parliament is set to vote on represents a delicate balance of ambitions and practicalities. It encompasses comprehensive measures to ensure packaging is designed for recyclability, promotes the use of reusable packaging, sets ambitious targets for reducing packaging waste, and mandates the establishment of deposit and return systems for certain packaging types.
The legislative process is structured to ensure that once ENVI votes in favor of the compromise text (this week), it will proceed to a plenary vote. A positive outcome will then require the Council's final endorsement. This sequential approach ensures that all stakeholders have a say in the final shape of the legislation, underscoring the EU's commitment to democratic processes and collaborative decision-making.
Looking Forward
The implications of this regulation are far-reaching. Beyond the immediate environmental benefits of reducing packaging waste and promoting sustainability, the legislation signals a shift towards a more circular economy. It reflects a recognition of the interconnectedness of economic activities, environmental sustainability, and societal well-being.
As the EU stands ready to vote on this landmark legislation, the message is clear: the future is sustainable, and the transition to more responsible packaging practices is not just desirable but essential. The outcome of this week's votes will not only shape the legislative landscape but also set the tone for the EU's environmental action in the years to come.
The implications of this regulation are far-reaching. Beyond the immediate environmental benefits of reducing packaging waste and promoting sustainability, the legislation signals a shift towards a more circular economy. It reflects a recognition of the interconnectedness of economic activities, environmental sustainability, and societal well-being.
As the EU stands ready to vote on this landmark legislation, the message is clear: the future is sustainable, and the transition to more responsible packaging practices is not just desirable but essential. The outcome of this week's votes will not only shape the legislative landscape but also set the tone for the EU's environmental action in the years to come.