Preliminary agreement on EU Packaging Law
In 2018, the packaging industry in the EU generated revenue of 355 billion euros. It is a steadily growing source of waste, with the total amount of packaging waste in the EU increasing from 66 million tons in 2009 to 84 million tons in 2021. Each European produced 188.7 kg of packaging waste in 2021, a figure that is projected to rise to 209 kg by 2030 without additional measures.
In line with the waste hierarchy, the generation of packaging waste is to be significantly reduced by setting binding targets for reuse, restricting certain single-use packaging, and imposing obligations on economic operators to minimize the packaging they use.
The European Packaging Directive 94/62/EC has been regulating the placing on the market, take-back, and recycling of packaging in the EU for almost 30 years. On February 27, 2023, the European Commission published a proposal for a new EU-level packaging regulation to replace the old packaging directive. Unlike the old directive, the new regulation will apply immediately in all EU member states without the need for prior transposition into national laws. This is intended to simplify the implementation of the regulation and avoid problems that may arise from different national laws.
On March 4, 2024, the Parliament and the Council reached a provisional agreement on revised rules for reducing, reusing, and recycling packaging.
Less packaging and restriction of certain packaging formats
The agreement sets reduction targets for packaging (5% by 2030, 10% by 2035, and 15% by 2040) and requires EU countries, in particular, to reduce the amount of plastic packaging waste.
According to the agreement, certain single-use plastic packaging formats, such as packaging for unprocessed fruits and vegetables, packaging for food and beverages consumed in cafes and restaurants, single servings (e.g., spices, sauces, cream, sugar), mini packaging for toiletries, and shrink wrap for luggage at airports, would be banned from January 1, 2030.
Ban on the use of “forever chemicals”
To prevent negative health impacts, the Parliament has enforced the ban on the use of so-called “forever chemicals” (per- and polyfluoroalkyl substances or PFAS) in food contact packaging.
Promotion of refillable and reusable options for consumers
Negotiators have agreed to set a specific target for reusable packaging for alcoholic and non-alcoholic beverages (excluding, for example, milk, wine, flavored wine, spirits) by 2030 (at least 10%). Member states may grant a five-year exemption from these requirements under certain conditions.
End sellers of beverages and take-out food in the catering sector would be required to offer consumers the option of bringing their own container.
Promotion of refillable and reusable options for consumers
Negotiators have agreed that all packaging should be recyclable and must meet strict criteria set out by secondary legislation. Certain exceptions are provided for lightweight wood, cork, textiles, rubber, ceramics, porcelain, or wax.
Further agreed-upon measures include:
Minimum targets for the recycling rate of all plastic parts of packaging;
Minimum targets for the recycling of packaging waste by weight and increased requirements for recyclability;
By 2029, 90% of single-use plastic and metal beverage containers (up to three liters) should be separately collected (deposit systems).
The Parliament and the Council must formally approve the agreement before it can come into effect.
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