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Packaging and Packaging Waste Regulation Adopted in the EU Parliament
23 Apr 2024The Packaging and Packaging Waste Regulation in the EU was adopted at the European Parliament General Assembly on 24 April 2024. The Regulations will be formally adopted after a legal review by the Council; It will enter into force 20 days after its publication in the official gazette of the EU and will begin to be implemented 18 months after its entry into force, that is, approximately in the 2nd quarter of 2026.
The relevant regulation, which has become a "Regulation", which is a more binding norm for all member states than the "Directive" under EU rules, according to the EU's statement: "It updates the EU legal framework for packaging and packaging waste; as an integral part of the European Green Deal and the new EU Circular Economy Action Plan, the EU will have a modern, resource-efficient, clean and competitive environment with no net greenhouse gas emissions by 2050 and where economic growth is decoupled from resource use." It will contribute to the growth strategy for the economy.”
The EU Commission attributes the need for new regulation to the following three main problems, according to their impact assessment:
(1) Increasing amount of packaging waste: Directive 94/62/EC has not been able to reverse this trend despite specific provisions on packaging minimisation. New consumption habits (e.g. on-the-go consumption, increased online sales and home deliveries) have contributed to the increase in the amount of packaging waste.
(2) Barriers to packaging recycling and reuse: These include factors such as the increased use of packaging design features that prevent recycling, contamination of recyclable packaging waste by compostable organic waste, potentially hazardous substances in packaging, and uncertainty about labeling packaging for sorting. As a result, the priority of reuse and recycling over recovery and landfill in the waste hierarchy has not yet been fully implemented.
(3) Low recycling quality and use of secondary raw materials in plastic packaging: This limits the EU's ability to reduce the use of virgin materials in new packaging. Market failures and shortcomings in the current directive complicate the profitability of recycling activities and the investments in the technology and supply logistics required to ensure high-quality collection, separation and recycling of packaging.
According to the Commission, the objectives of the new regulation are to (i) reduce the generation of packaging waste, while improving the functioning of the internal market; (ii) promoting a circular economy for cost-effective packaging; and (iii) reduce the negative environmental impacts of packaging and packaging waste by encouraging the use of recycled content in packaging.
In the accepted text, the provisions regarding "establishing deposit return systems" and "establishing recycled content targets for contact-sensitive packaging" were preserved; Provisions on “separate collection of each waste” and “extended producer responsibility organization for packaging recycling to be operated by the state” have been removed from the text. The definitions of “recyclability” and “high-quality recycling” encourage “open-loop recycling” as well as “modulation of the GPP fee” based on packaging recyclability performance ratings.
You can access the accepted English text here here.
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