Explanatory Memorandum to COM(2022)677 - Packaging and packaging waste - Main contents
Please note
This page contains a limited version of this dossier in the EU Monitor.
| dossier | COM(2022)677 - Packaging and packaging waste. |
|---|---|
| source | COM(2022)677  |
| date | 30-11-2022 |
1. CONTEXT OF THE PROPOSAL
• Reasons for and objectives of the proposal
Packaging is necessary to protect and to transport goods. The manufacturing of packaging is also a major economic activity in the EU. However, regulatory approaches differ from one Member State to another, which creates obstacles that prevent the internal market for packaging from fully functioning. Recently observed differences relate, for example, to labelling requirements for packaging, approaches to defining recyclable or reusable packaging, approaches to modulating extended producer responsibility (EPR) fees and marketing restrictions for certain packaging formats. Such discrepancies create legal uncertainty for businesses, leading to lower investment in innovative and environment-friendly packaging and new circular business models.
Packaging is also a key environmental concern. It is one of the main users of virgin materials (40 % of plastics and 50 % of paper used in the EU is destined for packaging) and accounts for 36 % of municipal solid waste. The increased use of packaging coupled with low re-use and recycling rates hamper the development of a low-carbon circular economy. Packaging increased in recent years faster than the gross national income, which leads to soaring CO2- and other emissions, and the overexploitation of natural resources, biodiversity loss and pollution. Data from Eurostat 1 and market data reports 2 show increased use of packaging design characteristics that may inhibit recycling. Packaging is ’unrecyclable’ when it cannot be separately collected or it poses challenges for state of the art sorting and recycling processes in place in the EU. From 2012 till 2020, the share of unrecyclable packaging has grown significantly. Furthermore, technically recyclable packaging is often not recycled because the processes needed for its collection, sorting and recycling are not available in practice or not cost-efficient, or the output is not of sufficient quality to meet the demand in end markets of secondary raw materials. Moreover, preliminary results of the Commission’s second Early Warning Report show that many Member States are struggling to meet the recycling targets established in Article 6 of Directive 94/62/EC.
The industrial strategy for Europe 3 underlines the importance of the internal market for the EU’s competitiveness and prosperity. Barriers that prevent operators and the broader public from benefiting fully from the internal market include restrictive and complex national rules, limited administrative capacities, imperfect transposition of EU rules and their inadequate enforcement.
The Council conclusions of December 2020 4 welcomed the intention of the Commission to ensure that all packaging is reusable or recyclable in an economically feasible way by 2030 and to reduce packaging, over-packaging and therefore packaging waste. The Parliament’s resolution of 10 February 2021 on the new circular economy action plan 5 reiterated this objective and called on the Commission to present a legislative proposal that includes waste reduction measures and targets, ambitious requirements to reduce excessive packaging - and measures to improve recyclability and minimise the complexity of packaging, increase recycled content, phase out hazardous and harmful substances, and promote re-use without compromising food safety and hygiene standards.
Finally, the Conference on the Future of Europe demonstrated that people and civil society organisations across the EU are calling for strong action on waste prevention, packaging waste management and packaging circularity through the increased use of recycled materials.
A circular economy of packaging will help decouple economic development from the use of natural resources, contribute to achieving climate neutrality by 2050 and halting biodiversity loss, and reduce the EU economy’s strategic dependency on many materials. In addition, it can have a positive impact on employment, including and specifically in social economy, by creating more 'green' quality jobs provided the necessary investment in skills 6 is put in place and considers the specificities in the Member States, regions, and types of work.
While the amendment to Directive 94/62/EC in 2018 did not address all of the weaknesses in its implementation, it included three review clauses that are being implemented by this initiative.
This initiative updates the EU legislative framework for packaging and packaging waste by giving Member States and businesses adequate support to achieve waste reduction targets. This support takes the form of a harmonised regulatory framework that supports investment, reduces waste and promotes high-quality recycling, which will apply equally in all EU Member States.
• Consistency with existing policy provisions in the policy area
The proposed regulation updates the EU legislative framework for packaging and packaging waste. As an integral part of the European Green Deal 7 and the new EU circular economy action plan, it will contribute to the EU's growth strategy for a modern, resource-efficient, clean and competitive economy with no net emissions of greenhouse gases by 2050 and with economic growth decoupled from resource use.
The proposal is fully in line with EU environmental and waste legislation, in particular, Directive 2008/98/EC of the European Parliament and of the Council of 19 November 2008 on waste 8 , Directive (EU) 2019/904 of the European Parliament and of the Council of 5 June 2019 on the reduction of the impact of certain plastic products on the environment 9 , Council Decision (EU, Euratom) 2020/2053 of 14 December 2020 on the system of own resources of the European Union 10 and Regulation (EC) No 1907/2006 of the European Parliament and of the Council of 18 December 2006 concerning the registration, evaluation, authorisation and restriction of chemicals (REACH) 11 .
It also complements the Commission proposals for regulations of the European Parliament and of the Council on waste shipments 12 , on a framework for setting eco-design requirements for sustainable products 13 , and the Communication from the Commission on an EU policy framework on bio-based, biodegradable and compostable plastics 14 .
• Consistency with other EU policies
The initiative ensures non-discrimination between products produced in the EU and imported products and is consistent with the EU’s international obligations in the area of trade policy.
The proposal also aims to harmonise monitoring and reporting obligations, including producer reporting obligations under EPR schemes, in order to limit the administrative burden on Member States and economic operators in line with the EU’s better-regulation approach 15 and the Fitness check on reporting and monitoring 16 .
In addition, in line with the EU’s commitment to the UN 2030 Agenda for Sustainable Development, including its 17 Sustainable Development Goals (SDGs), this initiative will improve the EU’s implementation of SDG 12.5 by significantly reducing waste generation by 2030 through prevention, reduction, recycling and re-use.
As regards the specific case of plastic packaging waste, the initiative also complements the non-recycled plastic based own resource according to Decision (EU, Euratom) 2020/2053 on the system of own resources of the European Union. This own resource incentivises Member States to put in place measures to reduce the quantity of non-recycled plastic packaging waste in their territory.
2. LEGAL BASIS, SUBSIDIARITY AND PROPORTIONALITY
• Legal basis
The legal basis for this proposal is Article 114 of the Treaty on the Functioning of the European Union (TFEU).
In line with the new approach to products announced in the European Green Deal1 and the circular economy action plan, the proposal covers the entire life cycle of packaging. It follows the approach of ‘traditional’ internal market legislation by creating harmonised conditions for the placing on the market of packaging. However, by taking account of the entire life cycle of packaging, this internal market approach is extended through to the end-of-life phase, thus creating a truly internal market for packaging, without obstacles to free movement and with equal production, marketing and waste treatment conditions throughout the EU.
Article 114 TFEU is the legal basis of the current Directive 94/62/EC on packaging and packaging waste. This Article allows the EU to harmonise rules and administrative measures across Member States. This legal basis will allow a number of key internal market issues that hamper the harmonised application of packaging rules to be addressed, including: (i) sustainability requirements, (ii) harmonised criteria for the eco-modulation of fees under the extended producer responsibility schemes, (iii) harmonised labelling requirements; and (iv) end-of-life requirements to complete this life-cycle approach.
While leaving the detailed administrative requirements to the Member States, the proposal regulates those aspects where harmonisation will prevent market distortions and obstacles to free movement. One such aspect is extended producer responsibility, where harmonised rules – including on reporting – will remove the barriers for economic operators selling packaging in several Member States or across the EU caused by differing rules between Member States. Likewise, establishing a common framework for packaging collection, deposit and return schemes, and for re-use systems, is necessary both to achieve environmental targets and to create equal conditions for businesses active on the respective markets. This common framework will have a major impact on the recyclability of packaging and on the availability of secondary raw materials.
• Subsidiarity (for non-exclusive competence)
Environmental concerns and problems related to packaging (i.e. barriers to the internal market and the circular economy, growing amounts of packaging waste and other negative) cannot be sufficiently addressed by Member States alone. With high levels of trade between Member States, the EU packaging market is, in many respects, one large market rather than 27 individual markets. While national initiatives address some of these challenges, they also create further fragmentation of the internal market.
Setting common requirements at EU level will have clear added value as it will ensure the proper functioning of the internal market and therefore a level playing field for economic operators (e.g. producers, suppliers, retailers). With requirements and targets set at EU level, the transition to sustainable packaging will be consistent across Member States, creating an efficient market.
• Proportionality
The proposed measures are intended to provide the regulatory certainty necessary to encourage large-scale investment into sustainable packaging solutions. They address the entire packaging value chain, while ensuring a high level of environmental and human health protection. The objective of this initiative is to modernise and strengthen the existing legislative framework to allow for economies of scale through common approaches, while giving industry and Member States the necessary flexibility, where this is necessary for innovation or because of local circumstances.
For some of the proposed policy options, a step-by-step approach in strengthening the requirements is considered to best uphold the principle of proportionality. The proposal therefore includes a gradual increase in ambition and requirements, such as the sustainability requirement on recycable packaging and the reconsideration of the need for exemptions from concentration limits for substances of concern in certain packaging materials.
Overall, the proposed measures do not go beyond what is necessary to ensure regulatory compliance while guaranteeing the protection of human health and the environment.
• Choice of the instrument
Despite its concrete measures, the current legislation has failed to achieve its environmental and internal market objectives. Differing national approaches to transposition and unilateral packaging policy measures by certain Member States have led to uneven national regulatory frameworks. This trend is set to continue, given the challenges to packaging sustainability outlined in the impact assessment report, in particular the increasing amounts of packaging waste, barriers to packaging circularity and low use of recycled content in plastic packaging. Diverse national rules reduce the effectiveness of the policy and put the effective establishment of a circular economy in jeopardy.
The regulatory failures of the current Directive (e.g. poorly designed essential requirements for packaging and difficulties encountered by Member States in enforcing them) has made it clear that harmonisation is necessary, and that the harmonised rules should take the form of a regulation, rather than a revision of the current Directive. To further promote the move to a low-carbon and circular economy and remove barriers to the internal market, a new comprehensive set of regulatory solutions is needed, including specific requirements for businesses. The move to a regulation setting out harmonised rules is strongly supported by all business stakeholders.
A regulation will ensure that all 27 Member States fulfil their obligations at the same time and in the same way. The same requirements for all market players will provide the necessary legal certainty, reduce distortion of competition, and send clear signals to non-EU market actors intending to place products on the EU market. It will also give the Commission a mandate to develop implementing measures to flesh out the regulation further, where necessary, so that common rules can be set swiftly.
3. RESULTS OF EX-POST EVALUATIONS, STAKEHOLDER CONSULTATIONS AND IMPACT ASSESSMENTS
• Ex-post evaluations/Fitness checks of existing legislation
A Fitness check conducted in 2014 17 identified weaknesses in the essential requirements for packaging and recommended making them ‘more concrete and easily enforceable’, noting that strengthening essential requirements would be ‘a key tool to achieve better environmental performance of packaging’. However, the amendment of Directive 94/62/EC in 2018 did not address those weaknesses directly, but rather introduced three revision clauses: (1) to examine the feasibility of reinforcing the essential requirements with a view to, inter alia, improving design for re-use and promoting high quality recycling as well as strengthening their enforcement; (2) to examine the feasibility of setting quantitative targets on re-use of packaging and any further measures to promote re-use of packaging; and (3), to evaluate the effectiveness of the measures aiming to reduce the consumption of lightweight plastic carrier bags and to examine other possible ways to achieve this objective. The revision clauses also provided the Commission with a mandate to present a legislative proposal on these issues, if appropriate.
In April 2020, the Commission published an evaluation study on the effectiveness of the essential requirements for packaging and packaging waste and proposals for reinforcement 18 . The main findings of the evaluation helped to define the problem and to develop the initial set of measures for the impact assessment. This study helped inform the Commission’s Inception Impact Assessment published on 11 June 2020 19 .
This proposal includes measures that address the issues identified in the Fitness check and in the 2020 evaluation study, as well as other measures identified in the impact assessment and its extensive stakeholder consultation.
• Stakeholder consultations
The impact assessment accompanying Directive 94/62/EC on packaging and packaging waste involved a thorough consultation of stakeholders to ensure that views from a broad range of organisations were presented and considered. Over 800 organisations with more than 1,800 contact points contributed to the consultation. Targeted and broader methods used to consult stakeholders included: gathering feedback on the inception impact assessment, a public questionnaire, a Member State questionnaire, online workshops and webinars, and one-to-one interviews.
The consultation on the inception impact assessment generated 110 responses and an open public consultation 20 generated 425 responses. A targeted consultation was also carried out to strengthen the evidence base, which involved collecting more specialised feedback from specific stakeholder groups during stakeholder workshops, among other events. Six stakeholder webinars were held in June 2021 to present and gather feedback on the interim results of the study. More than 950 individuals (from 250 organisations) participated in these webinars and almost 100 organisations provided detailed feedback and position papers. An additional workshop was held on 30 May 2022 with 517 attendees, during which 50 stakeholders intervened. In parallel, both the consultant supporting the Commission’s impact assessment and the relevant Commission departments carried out further targeted consultations with Member State experts, stakeholders, NGOs and consumer associations.
Most stakeholders considered that technological, economic and social developments justified the creation of a new regulatory framework for packaging. Most also agreed on the need for further harmonisation of existing rules and called for a European framework covering the whole life cycle of packaging and the entire value chain. Many stakeholders considered that this framework should include stricter common rules on the sustainability of packaging to ensure the functioning of the EU internal market and underlined the need for a common approach to defining packaging recyclability, in particular the ‘design for recycling’ criteria approach.
More specifically, industry representatives stressed the need for: (i) a stable and harmonised legal framework that ensures security of investment; (ii) a level playing field that encourages the production of sustainable packaging; and (iii) the efficient functioning of recycling markets to improve the availability and the quality of secondary raw materials. Civil society representatives called for the effective implementation of the waste hierarchy in the packaging value chain with measures incentivising packaging waste prevention and re-use.
Detailed conclusions of the stakeholder consultations can be found in Annex 2 of the Impact Assessment.
• Collection and use of expertise
In addition to the stakeholder consultation, several further key sources of information were used for the impact assessment.
To further analyse the various options, external consultants were engaged by the Commission under two support contracts 21 . These studies developed ‘impact modelling methodology’ and ‘baseline methodology’. The former is used to model the impacts of the proposed measures, i.e. to model the change in mass flows, financial costs, environmental and social (employment) impacts. The latter (the baseline methodology) provides an overview of packaging waste consumption, waste generation and management for the 27 EU Member States. It includes both historic trends based on existing data and future projections until 2050. The baseline is essentially a ‘no policy change’ scenario, i.e. a modelling of future trends where all relevant EU-level and national policies and measures remain in force, complemented by any future legislative proposal(s) by the Commission. Another supporting study was carried out by the Commission’s Joint Research Centre (JRC) to analyse the impacts of measures that combine symbols on waste receptacles with matching labels on packaging (the latter was developed under the two studies mentioned above).
The consultant and its experts worked closely with the relevant Commission departments during the various stages of the study.
Additional data and comments were gathered through targeted interviews with stakeholders and in-depth consultations with the Member States.
Possible measures on plastic carrier bags were first developed in the ‘Study on the Implementation of the Plastic Bags Directive combined with the Scoping Study to assess the feasibility of further EU measures on waste prevention and implementation of the Plastic Bags Directive’ 22 , and an impact assessment of the proposed measures was conducted in the second support study.
Finally, measures on compostable packaging were developed as part of the 2020 Study on the ‘Relevance of biodegradable and compostable consumer plastic products and packaging in a circular economy’ 23 . This study also provided further inspiration for the Commission’s Communication on an EU policy framework on bio-based, biodegradable and compostable plastics.
• Impact assessment
The proposal is based on an impact assessment. After addressing the comments of the Regulatory Scrutiny Board in its negative opinion of 13 May 2022 and making the necessary modifications and additions, the impact assessment received a positive opinion with reservations on 30 September 2022.
Contents
- The impact assessment detected three main problems:
- M1: Update of Essential Requirements to minimize over-packaging
- M10a: Revision of CEN standard for defining reusable packaging
- M7: Phase out avoidable / unnecessary packaging
- M22a: Qualitative definition of recyclable packaging
- M29a: Allowing compostable and conventional plastics for selected packaging types
- M31: Update of definitions concerning hazardous substance
- M32a: Expanding the information on hazardous substances
- M12-u: Harmonised, mandatory labelling for reusable packaging
- M38-j: Labelling criteria for Recycled Content
- M40b: Mandatory minimum GPP criteria for packaging of priority products and services
- M42b: Harmonization of EPR reporting system
- MPCB: Extended reporting obligation on PCB
- M40c: Mandatory minimum GPP criteria for packaging of all products and services
- Chapter VI on the conformity of packaging is mostly standard provisions from Decision 768/2008/EC on how to assess the conformity of packaging. It concerns:
- Article 50 concerns reporting for each calendar year from the Member States to the Commission on:
- - the collection rate of packaging covered by the obligation to set up deposit and return systems, and
Growing packaging waste generation 24 : Directive 94/62/EC has not been able to reverse this trend, despite specific provisions on minimising packaging. The growth trend has been accentuated by new consumption habits (e.g. on-the-go consumption, increased online sales and home deliveries).
Barriers to packaging recycling and re-use: these include factors such as the increased use of packaging design features that prevent recycling, increased cross-contamination of compostable recycling streams, substances in packaging that may be hazardous and unclear labelling of packaging for sorting. As a result, the priority of re-use and recycling over recovery and landfill is not yet fully implemented.
Low recycling quality in plastic packaging and use of secondary raw materials: this limits the EU's ability to reduce the use of virgin materials in new packaging. Market failures and shortcomings in the current regulatory framework hamper the profitability of recycling activities and weigh on the investment in technology and supply logistics needed to ensure that packaging is collected, sorted and recycled at a high quality level.
Given the above, the overarching objectives of this legislative proposal are to reduce the negative environmental impacts of packaging and packaging waste, while improving the functioning of the internal market. The specific objectives are: (i) to reduce the generation of packaging waste; (ii) to promote a circular economy for packaging in a cost-effective manner; and (iii) to promote the use of recycled content in packaging.
The impact assessment compiled all possible measures for analysis, based on three studies conducted by an external consultant, stakeholder workshops, an online public consultation and targeted interviews. The diverse, complex and often interrelated measures were grouped under three policy options, which are compared to a business-as-usual scenario. Options 1 to 3 increase in strength in terms of their environmental effectiveness, but also their implementation burden and intrusiveness, as follows:
·Option 1 sets out measures to increase standardisation and establishes clearer essential requirements that tend to be pre-requisites for measures in other groups.
·Option 2 sets mandatory targets for waste reduction, re-use for certain sectors and minimum recycled content in plastic packaging, requirements to ensure full recyclability by 2030 and harmonised product rules.
·Option 3 sets higher mandatory targets than Option 2 and additional product requirements.
The main policy choices for decision makers in the 27 EU Member States in the three intervention areas are national waste reduction targets, re-use targets for economic operators in certain sectors, measures to increase recyclability, and targets for recycled content in plastic packaging. Of the enabling measures, mandatory deposit return systems and labelling rules to facilitate consumers´ sorting are the outstanding policy choices.
The measures contained in each option are presented in the following Table. In order to demonstrate the interlinkages between them, alternatives measures have the same number, e.g. M2b and M2c. Measures concerning the main policy choices are in bold.
Based on the assessment of the impacts of the measures, the Commission favours Option 2.
• Regulatory fitness and simplification
The proposed measures have different levels of administrative burden, which would mainly result from monitoring and reporting on compliance, both for public authorities and for businesses.
At the same time, this proposal makes full use of digitalisation to reduce administrative burden. For example, it is envisaged that the Commission would adopt an implementing act to establish the conditions for identifying the material composition of packaging by means of digital marking technologies. It is also recommended that reusable packaging would have QR codes or equivalent means to facilitate their recovery and harmonised specific labels that properly inform consumers about packaging reusability, the availability of re-use systems. Moreover, the harmonised packaging labelling for consumers` sorting should improve the waste separation and means a significant simplification for the operators.
• Fundamental rights
The proposal has no consequences for the protection of fundamental rights.
4. BUDGETARY IMPLICATIONS
The financial statement included shows the detailed budgetary implications and the human and administrative resources required by this Proposal.
The European Commission, and more specifically the Directorate-General for Environment (DG ENV), will be responsible for negotiating the regulation through the regular co-decision procedure, as well as for its general implementation and adoption of all the implementing and delegated acts envisaged in it. Other departments and agencies that will provide input include Eurostat, the Joint Research Centre (JRC) and the European Chemicals Agency (ECHA).
The current financial simulations are based on three full-time equivalent Administrator (AD) posts only to carry out: (i) the negotiation and general implementation of the Regulation; and (ii) the preparatory work for the drafting of the secondary legislation. The technical tasks are envisaged to be performed by two full-time equivalent seconded national experts (given the expected timeline) and two contractual agents. The costs for Commission staff amount to a total of EUR 6 537 000 based on the latest salary scales, which are publicly available.
5. OTHER ELEMENTS
• Implementation plans and monitoring, evaluation and reporting arrangements
The proposal includes several provisions to improve monitoring and the understanding of packaging flows. These will add to the existing calculation and reporting requirements for Member States under Commission Decisions 2005/270/EC 25 and 2018/896/EC 26 . These decisions will need to be replaced to include additional reporting requirements necessary to support the monitoring and the full implementation of the substantive requirements related to: (1) plastic carrier bags (i.e. disaggregated and mandatory reporting and different categories of plastic carrier bags); (2) the collection rate of packaging covered by the obligation to set up deposit and return systems; and (3) data related to specific packaging categories, which is necessary to develop the methodology for assessing the recyclability of packaging.
To support the monitoring of extended producer responsibility (EPR) at Member State-level, and harmonise EPR requirements to make them more effective across the EU, this initiative also proposes a registration requirement for economic operators (producers) and their producer responsibility organisations when they make packaging available on a Member State market for the first time. This is accompanied by harmonised requirements to report data on such packaging to the national authorities. This will reduce the administrative burden on producers that currently have to adapt to increasingly divergent national requirements on EPR reporting, and allow Member States to meet their reporting obligations and provide the necessary level of data granularity to support future policy adjustments, particularly on packaging recyclability.
The proposal limits the reporting of data on re-use and refill targets to that submitted by the obliged economic operators to the competent authorities; no additional reporting to the Commission is envisaged. The calculation rules will be adopted by the Commission in implementing acts.
• Detailed explanation of the specific provisions of the proposal
Chapter I sets out the general provisions.
Article 1 lays down the subject matter of this Regulation. It explains that it introduces requirements over the entire life-cycle of packaging as regards its environmental sustainability and labelling to allow placing packaging on the market, as well as requirements for the extended producer responsibility, collection, treatment, recycling of packaging waste. It explains that this Regulation contributes to the efficient functioning of the internal market while pursuing environmental objectives as regards preventing or reducing the negative impacts of packaging and packaging waste on the environment and human health. In this way, it contributes to the transition to a circular economy in line with the hierarchy of waste.
Article 2 lays down that this Regulation applies to all packaging, regardless of the material used, and to all packaging waste.
Article 3 lays down the definitions needed for the purposes of this Regulation. A number of these definitions are taken over from the New Legislative Framework (Regulation (EC) No 765/2008 and Decision 768/2008/EC), from the repealed Packaging and Packaging Waste Directive or from existing Union legislation (such as the Waste Framework Directive and the Market Surveillance Regulation). A set of new definitions is brought in, notably to implement the main measures of this initiative with the focus on recyclable packaging, use of recycled content in plastic packaging, reusable packaging and packaging waste prevention.
Article 4 lays down the principle of free movement on the single market for packaging which complies with the sustainability requirements and labelling requirements as laid down in this Regulation.
Chapter II contains sustainability requirements for packaging.
Article 5 lays down requirements for substances in packaging, in particular a restriction on the concentration level of lead, cadmium, mercury and hexavalent chromium. The Commission is empowered to adopt delegated acts lowering the level of this restriction as well as laying down exemptions from it.
Article 6 requires packaging to be recyclable and sets out what requirements will need to be met in a two-stepped approach. As of 1/1/2030, packaging will have to comply with the design for recycling criteria and, as of 1/1/2035 the requirements will be further adjusted to ensure that recyclable packaging is also sufficiently and effectively collected, sorted and recycled (‘recycled at scale’) . The criteria for the design of recycling and the methodology to assess if packaging is recycled at scale will be established in delegated acts to be adopted by the Commission. The differed application of these provisions is necessary in order to adopt the necessary legislation detailing the recyclability requirements and to grant sufficient time to the industry to adapt to the new rules. This provision furthermore establishes the rule that financial contributions to be paid by producers to comply with their extended producer responsibility obligations shall be modulated based on the recyclability performance grades under the design for recycling criteria, which will be updated to include recyclability at scale thresholds to be applied as of 2035. Finally, specific rules are set for innovative packaging for which the recyclability requirements shall only be required to be documented 5 years from its first placing on the market. Additionally, immediate packaging meeting the definition of immediate packaging in Article 4(25) of Regulation (EU) 2019/6, as well as contact sensitive plastic packaging of medical devices covered by Regulation (EU) 2017/745 and of in vitro diagnostics medical devices covered by Regulation (EU) 2017/746 are exempted from the recyclability requirements set up under this Article until 2034 to take account of the human and animal health and safety considerations.
Article 7 requires that, as of 1 January 2030, plastic packaging shall contain certain minimum amount of recycled content recovered from post-consumer plastic waste, per unit of plastic packaging; specific packaging has been exempted, as appropriate. These amounts shall increase by 1 January 2040 and the derogations should be revised. The Commission will adopt an implementing act to establish the methodology for the calculation and verification of the percentage of recycled content recovered from post-consumer plastic waste and the format for the related technical documentation. This provision also empowers the Commission to adopt delegated acts to amend the minimum percentage of recycled content recovered from post-consumer plastic waste.
Article 8, combined with the definition in Article 3, defines conditions for packaging to be considered compostable and prescribes that filter coffee pods, sticky labels attached to fruit and vegetables and very lightweight plastic carrier bags shall be compostable by 24 months after the entry into force of this Regulation. Other packaging shall, with the exception of lightweight plastic carrier bags, for which a flexibility was granted to the Member States, be eligible for material recycling. It also empowers the Commission to adopt delegated acts to amend the list of packaging that need to be compostable.
Article 9 requires that the weight and volume of packaging shall be minimised with due account taken of the packaging’s safety and functionality. The compliance with this obligation shall be proven by technical documentation.
Article 10 lays down the requirements for reusable packaging. One of the requirements is e.g. that the packaging is conceived, designed and placed on the market with the objective to be re-used or refilled a maximum number of times. Reusable packaging must be also part of a system for re-use compliant with the minimum conditions as set out in Annex VI of this Regulation.
Chapter III lays down labelling, marking and information requirements.
Article 11 requires that packaging is marked with a label containing information on its material composition in order to facilitate consumer sorting. The same labels shall be placed on waste receptacles for the consumer to easily identify the appropriate disposal route (Article 12). Harmonized label shall be designed also to inform, at the choice of the manufacturer, about the recycled content in plastic packaging. Reusable packaging shall bear a QR code or other type of data carrier giving access to the relevant information facilitating its re-use. The Commission shall be empowered to, by implementing acts, establish harmonised labelling requirements and formats for packaging and waste receptacles as well as for identifying the material composition of packaging means of digital marking technologies.
Chapter IV lays down the obligations of economic operators and the provisions are mostly standard from Decision 768/2008/EC 27 . It is however worth mentioning Article 14 and Articles 21-28.
Article 14 requires suppliers of packaging or packaging material to provide the manufacturer with all the information and documentation necessary for manufacturer to demonstrate the conformity of the packaging.
Article 21 stipulates that economic operators that supply products to final distributors or end users in grouped, transport or e-commerce packaging must ensure that the ratio of empty space in the packaging in relation to the packaged product(s) is maximum 40 %.
Article 22 stipulates that economic operators should not place on the market packaging in the formats and for the purposes listed in Annex V to the Regulation. The Commission is empowered to amend this list by adopting a delegated act.
Articles 23 and 24 require that the economic operator who places reusable packaging on the market shall ensure a system for re-use for that packaging is in place. The economic operators that make use of reusable packaging shall also set up or participate in a system for re-use of such packaging. The requirements for the system for re-use and for the reconditioning of reusable packaging are laid down in Annex VI to the Regulation.
Article 25 requires economic operators who offer products for purchase through refill to provide certain information to end-users and to ensure the compliance of refill stations with the requirements laid down in Part C of Annex VI.
Article 26 lays down a number of targets on re-use and refill for different sectors and packaging formats. It also establishes exemptions from the obligation to meet the re-use and refill targets. The Commission may adopt delegated acts laying down more specific re-use targets and further exemptions.
Articles 27 and 28 lays down the rules on the calculation of the attainment of the different re-use and refill targets laid down in Article 26 and reporting to the competent authority on those targets. By 31 December 2028 the Commission shall adopt an implementing act establishing detailed calculation rules and the methodology regarding the targets laid down in Article 26.
Chapter V (Article 29) lays down that the annual consumption of lightweight plastic carrier bags cannot exceed 40 such bags per person by the 31st December 2025. Member States can exclude very lightweight plastic carrier bags, which are required for hygiene purposes or provided as sales packaging for loose food to prevent food wastage, from the obligation to meet the target.
Chapter VI on the conformity of packaging is mostly standard provisions from Decision 768/2008/EC on how to assess the conformity of packaging. It concerns:
– the use of reliable, accurate and reproducible methods for tests, measurements and calculations (Article 30);
– harmonised standards providing a presumption of conformity (Article 31);
– the possibility for the Commission to adopt common technical specifications where harmonised standards are not available (Article 32);
– the conformity assessment procedure (Article 33); and
– the EU declaration of conformity (Article 34).
Chapter VII concerns the management of packaging and of packaging waste.
Article 35 requires that Member States designate a competent authority for the implementation and enforcement of the obligations arising from Articles 26 to 29 and Chapter VII.
Article 36 concerns the early warning report, to be drafted by the Commission in cooperation with the European Environment Agency, concerning the progress towards the attainment of the targets laid down in Articles 38 and 46.
Article 37 requires Member States to introduce a chapter on the management of packaging and packaging waste into their waste management plans as required in Article 28 of Directive 2008/98/EC.
Article 38 requires each Member State to progressively reduce the packaging waste generated per capita as compared to the packaging waste generated per capita in 2018, by 5 % by 2030, 10 % by 2035 and 15 % by 2040. The Member States shall implement measures, such as economic instruments and other measures, to provide incentives for the application of the waste hierarchy, in order to prevent the generation of packaging waste and to minimise the environmental impact of packaging.
Article 39 requires Member States to establish a register which shall serve to monitor the compliance of producers of packaging with the requirements of Chapter VII. Producers, producer responsibility organisations in case such an organisation was appointed by a producer, or the appointed representative for the extended producer responsibility shall be registered in the register of the Member State in which the producer makes packaging available for the first time. Producers who are not registered, shall not make available packaging on the market of a Member State.
Article 40 lays down that producers that make available packaging on the market for the first time within the territory of a Member State will have extended producer responsibility for their packaging in line with Article 8 and Article 8a of Directive 2008/98/EC.
Article 41 concerns producer responsibility organisations. If multiple producer responsibility organisations exist, it must be ensured that they perform their obligations over the whole territory of a Member State.
Article 42 requires that producers or an appointed producer responsibility organisation apply for an authorisation from the competent authority.
Article 43 requires that Member States ensure that systems are set up to enable the return and/or collection of all packaging and packaging waste from the consumer, other final user, or from the waste stream.
Article 44 requires a deposit and return system (DRS) for single-use plastic beverage bottles with the capacity of up to three litres and single-use metal and aluminium beverage containers with a capacity of up to three litres. It also lays down exemptions to this rule. By 1 January 2029, Member States must ensure that all DRS follow the minimum requirements set out in Annex X. Member States are also allowed to include glass in the DRS and should ensure that DRS for single-use packaging formats, in particular for single-use glass beverage bottles, where technically and economically feasible, are equally available for reusable packaging.
Article 45 requires Members States to take measures to encourage the increase of systems to enable re-use. Such measures can be e.g. the use of deposit-return systems for packaging which is not covered by the deposit return systems mandated by Article 44.
Article 46 lays down recycling targets of packaging waste that Member States must meet by 31 December 2025 and by 31 December 2030, which are the same as in Directive 94/62/EC. If Member States postpone the deadlines for achieving the 2025 targets they must submit an implementation plan in line with Annex XI. The Commission can request that a Member State revise their implementation plan.
Article 47 and 48 lays down the rules on calculation of the attainment of the recycling targets laid down in Article 46(1).
Article 49 requires that producers or producer responsibility organisations make available information on the prevention and management of packaging waste for the packaging they supply within the territory of a Member State.
Article 50 concerns reporting for each calendar year from the Member States to the Commission on:
- the attainment of the recycling targets,
- consumption of very lightweight, lightweight and thick plastic carrier bags,
- the collection rate of packaging covered by the obligation to set up deposit and return systems, and
- the packaging placed on the market and recycling rates for packaging formats/types as indicated in Table 3, Part 3, of Annex II.
Article 51 sets out rules for databases on packaging and on the information they must contain.
Chapter VIII concerns safeguard procedures and is based on standard provisions.
Chapter IX (Article 57) concerns green public procurement and, more specifically, the possibility for the Commission to adopt delegated acts to establish requirements applicable to public contracts (e.g. technical specifications, selection criteria, award criteria, etc.), based on the sustainability requirements laid down in this Regulation.
Chapter X is a standard chapter with articles on delegated acts (Article 58) and on implementing acts (Article 59).
Chapter XI sets out amendments to Regulation (EU) 2019/1020 and Directive (EU) 2019/904.
Chapter XII is a standard chapter on final provisions, with articles on penalties (Article 62), on carrying out an evaluation of the Regulation 8 years after adoption (Article 63), and on repeal and transitional provisions (Article 64).