New packaging waste regulation comes a step closer

The proposed new rules for more sustainable packaging in Europe continue to wind their way through the legislative processes of the institutions of the EU.

In November 2022, the Commission put forward a proposal for a regulation on packaging and packaging waste that would replace the existing directive. The European Parliament adopted its position on the proposed regulation at the plenary session on 22 November 2023. Yesterday, 18 Dec 2023, it was the Council’s turn.
The European Council has now introduced a ‘general approach’ on a proposal for the new waste regulation, establishing requirements for the entire life cycle of packaging as regards environmental sustainability and labelling, to allow its placing on the market, as well as for the extended producer responsibility, collection, and treatment, including and recycling of packaging waste. The regulation contributes to the efficient functioning of the internal market by harmonising national measures on packaging and packaging waste, while boosting the transition to a circular economy.
“190kg of packaging waste was generated by each European in 2021,” said Teresa Ribera Rodríguez, Spanish third vice-president of the government and minister for the ecological transition and the demographic challenge. “And this figure will grow by nearly 20% in 2030, if things stay the same. We cannot let that happen. Today’s general approach gives a strong message that the EU is committed to reducing and preventing packaging waste from all sources. This regulation is crucial in our path to a circular economy and a climate-neutral Europe.”
The general approach will now serve as a mandate for negotiations between the European Council and Parliament on the final shape of the Packaging and Packaging Waste legislation, with both institutions required to formally adopt the outcome. The Belgian presidency will oversee negotiations for the final outcome of the legislation.
The Council maintained the scope of the Commission’s proposal, covering all packaging, regardless of the material used, and all packaging waste, regardless of its origin, as well as most of the sustainability requirements for all packaging placed on the market and headline targets proposed by the Commission. It calls on the Commission to work with the European Chemicals Agency on preparing a report by 2026 covering the presence of substances of concern in packaging and determining their impact the reuse or recycling of materials or chemical safety.

Recyclability, compostability
The Council amended the proposal on recyclable packaging as put forward by the Commission. While all packaging placed on the market must still be recyclable, member states agreed that packaging will be considered recyclable when designed for material recycling, and when the waste packaging can be separately collected, sorted and recycled at scale. This latter condition will apply from 2035. The headline 2030 and 2040 targets for minimum recycled content in plastic packaging have been maintained, with the Commission reviewing the implementation of the 2030 targets by 2034. At the same time, the Commission will also assess the feasibility of the 2040 targets.
The Council also agreed that tea bags and sticky labels on fruit and vegetables must be compostable, introducing the option for member states to require other packaging  - e.g. coffee pods and lightweight plastic carrier bags - to be compostable under specific conditions.

Packaging waste reduction
Reducing unnecessary packaging is another attention point: the proposed new rules require manufacturers and importers to ensure that the weight and volume of packaging are minimised, except for protected packaging designs. And, in line with the Commission’s proposal the general approach includes overall headline targets for reducing packaging waste, based on 2018 quantities: 5% by 2030, 10% by 2035, and 15% by 2040. These targets will be reviewed by the Commission eight years after the entry into force of the regulation.
According to the Council’s text, member states will also be permitted to set out packaging waste prevention measures exceeding these minimum targets.

Reusable packaging and re-use targets
The Council has set new re-use and re-fill targets for 2030 and 2040. Different targets apply to large household appliances, take-away packages for food and beverages, alcoholic and non-alcoholic beverages (excluding wine), transport packaging (excluding packaging used for dangerous goods or large-scale equipment and flexible packaging in direct contact with food) and grouped packaging. Cardboard packaging is also exempted from these requirements, while economic operators will be able to form pools to meet the re-use targets on beverages.The Commission will be required by the Council to review the 2030 targets and assess both these 2040 targets and the exemptions.

Deposit return schemes (DRS)
By 2029, member states must set up deposit return systems (DRS) to ensure the separate collection of at least 90% annually of single-use plastic bottles and metal beverage containers. Systems that were in place prior to the entry into force of the regulation and that achieve the 90% target by 2029 are not required to meet these minimum requirements. Nor are member states reaching a separate collection rate of over 78% in 2026 are also exempt from these requirements.

Restrictions on certain packaging formats
Restrictions on certain packaging formats, including single-use plastic packaging for fruit and vegetables, for food and beverages, condiments, sauces, and small cosmetic and toiletry products used in the hospitality sector are also proposed. The Council introduced the possibility for member states to set out exemptions under certain circumstances, including for organic fruit and vegetables.

Other provisions
Other amendments agreed by the Council include further clarifications on packaging labelling to ensure consumers know what the packaging is made of and how to dispose of it at the end of life, although some flexibility has been introduced to take into account the labelling systems already existing in some member states.
Moreover, the Council maintained most of the obligations for operators, manufacturers, importers and distributors as set out by the Commission’s proposal. It strengthened the obligations for logistical service providers to ensure producers using such services do not avoid their extended producer responsibility (EPR) obligations.
The Council extended the date of application of the regulation to 18 months after its entry into force.

Responses
In a response issued by European Bioplastics, the association said it regretted the position adopted by the Environment Ministers in the Environment Council, deeming the failure to recognise the role of bioplastics ‘a missed opportunity’.
“Members States appeared today to be split on quite a number of key issues, which will be problematic for the implementation of such a complex regulation, if the consequential shortcomings aren’t fixed during the trilogues” declared Roberto Ferrigno, head of EU Affairs at EUBP. “It is a weak General Approach, barely recognising the value of a very short number of compostable applications and hindering biobased innovative solutions. Disagreement among governments, and derogations on several important measures will result in further fragmentation of the internal market” he added.
Zero Waste policy officer Dorota Napierska noted that the Council’s compromise text introduces crucial measures, including clear identification of substances of concern on packaging labels and comprehensive assessments of their impact on reuse, recycling, and chemical safety.
“While enhancing transparency, we urge immediate bold actions, especially for hazardous substances like PFAS and bisphenols, to safeguard human health and address packaging’s vital role in everyday life,” she commented.
Soft drinks association Unesda described the efforts as falling short of fully addressing the critical elements that will help move circularity forward.
“Our industry deeply regrets that Member States have lowered the collection threshold granting an exemption from this obligation. The text adopted by the Council lays down a 78% collection rate, as opposed to the 90% envisaged by the European Commission and the proposed 85% by the European Parliament. This is not the right approach to boost collection and recycling of beverage packaging.”
Unesda welcomes the support for systems enabling refill as one of the solutions to achieve the reuse and refill targets but deplores the lack of recognition of the complementarity of reuse and recycling. While reusable packaging should definitely be part of the solution to reduce packaging and packaging waste, it should complement the ongoing recycling efforts made by the industry.
And, regarding recycled content targets, Unesda director general Nicholas Hodac said: ‘’We are also disappointed by Member States’ lack of support for a mechanism that would enable closed-loop recycling whenever it makes sense. A priority access right to food-grade recyclates would provide beverage manufacturers with reliable access to recycled materials, enabling them to achieve the EU’s mandatory recycled content targets and their own voluntary commitments.”

Trialogue negotiations involving the three EU institutions – the European Parliament, the Council of the EU and the European Commission – will start in January for the adoption of the PPWR.