Review of Packaging and Packaging Waste Rules

Published by AGRINFO on 27 Jan 2023; Revised 05 Mar 2023

Overview

The EU is proposing revisions to its packaging rules to encourage recycling and reduction of packaging waste. The proposal, currently under WTO consultation, aims to ensure all packaging is reusable or recyclable by 2030. It amends Regulation (EU) 2019/1020 and Directive (EU) 2019/904, and repeals Directive 94/62/EC.

Key Changes

Scope

The proposal covers materials used for the containment or protection of all goods, from raw materials to processed goods, including:

• Sales packaging: Packaging of goods sold to the final consumer
• Grouped packaging: Packaging that groups products for convenience at the point-of-sale
• Transport packaging: Packaging that facilitates handling and transport, including e-commerce packaging (excluding road, rail, ship, or air containers)

Importer Obligations

Importers must:

• Take corrective measures (including withdrawal or recall) if packaging is non-compliant
• Inform Member States’ market surveillance authorities of non-compliance
• Provide requested information and technical documentation within 10 days
• Ensure food packaging:
  • Meets sustainability requirements
  • Has undergone conformity assessment
  • Is correctly labelled and documented
  • Is correctly identified

Sustainability Requirements

All prepackaged food imported into the EU must meet requirements in Articles 5–10, including:

• Substances of concern: Lead, cadmium, mercury, and hexavalent chromium must not exceed 100 mg/kg (Art. 5)
• Recyclability: By 2030, packaging must be designed for recycling (Art. 6)
• Recycled content: By 2030, plastic packaging must contain at least the minimum recycled content per unit (Art. 7)
• Minimisation: By 2030, packaging must be scaled down to minimum size/weight, considering food safety and functionality (Art. 9)
• Compostable labels: Within 24 months of entry into force, sticky labels on fruit and vegetables must be compostable (Art. 8)

Conformity Assessment Procedure

• Manufacturers must complete internal control procedures to ensure sustainability requirements are met (Art. 33, Annex VII)
• Technical documentation must demonstrate conformity and be kept for 10 years after market placement
• A declaration of conformity must be drawn up

Labelling

Packaging must include, clearly and indelibly (within specified periods):

• Material composition label (within 42 months)
• Reusability label and QR codes for reusability and collection points (within 48 months)
• Recycled content label, where relevant

Further labelling specifications will be adopted by the Commission (Art. 11).

Documentation

Manufacturers must establish technical documentation (Annex VI) to be passed to importers and available for up to 10 years, including:

• General description and intended use
• Design and manufacturing drawings/schemes
• Explanations for understanding drawings and operation
• List of:
  • Harmonised standards applied
  • Common technical specifications (if no harmonised standard)
  • Other relevant technical specifications
  • Indication of parts applied (if only partly applied)
  • Description of solutions for sustainability requirements (if standards not applied)
• Description of recyclability, minimisation, and reusable packaging assessments
• Test reports

Identification

Packaging must be identifiable by type, batch, or serial number, or via accompanying documentation (Art. 13). Manufacturer’s name, trade name/mark, postal address, and electronic contact details (if available) must be indicated on the packaging or via QR code/data carrier.

Restricted Packaging Formats

Certain packaging uses will be prohibited, especially those relevant to agri-food exporters (see Table 2, Art. 22, Annex V).

Extended Producer Responsibility

• Producers (including importers) must take responsibility for reuse, prevention, recycling, and recovery of waste (Art. 40)
• Each Member State must reduce packaging waste per capita by 5% (2030), 10% (2035), and 15% (2040) compared to 2018 (Art. 38)
• Producers/importers must appoint a representative for extended producer responsibility in each Member State where packaging is first placed on the market (Art. 40)
• Producer responsibility organisations may be used (Art. 41)

Reuse and Refill Obligations

• Operators using reusable packaging must participate in reuse systems (Annex VI)
• Targets for reusable/refillable packaging by 2030 are set for different products (Art. 26, Table 3)
• The Commission will develop rules for calculating attainment of these targets (Art. 27)
• Annual reporting to competent authorities is required (Art. 28)
• Member States must consider SME challenges in reporting (Art. 50(8))

Rationale

Packaging is a major user of virgin materials and a significant waste contributor. Increased packaging use has led to higher CO₂ emissions, biodiversity loss, and pollution. While recycling rates have improved, much recyclable packaging is not actually recycled due to inadequate or uneconomic collection/recycling systems.

The proposal is part of the European Green Deal, aiming to cut greenhouse gas emissions and support economic growth. A regulation is proposed to harmonise rules across Member States, as divergent national rules have complicated the Single Market and reduced the effectiveness of EU waste efforts.

Timeline

Discussions on the Commission’s proposal in the European Parliament and Council will start in the second quarter of 2023. The new rules are expected to apply in 2026.

Implications for Exporting Countries

• Packaging must meet essential requirements, possibly requiring additional testing and costs
• Technical documentation and declarations of conformity must be collected and passed down the supply chain, increasing administrative burden
• Exporters must appoint a representative for extended producer responsibility in each Member State where products are sold
• Ban on single-use plastic/composite packaging for fresh fruit and vegetables <1.5 kg may be problematic for some sectors
• SMEs may face challenges with reporting requirements, which may vary by Member State

Recommended Actions

• Submit comments/concerns via the National TBT notification authority to the EU TBT Enquiry Point before 28 May 2023
• Within 12 months of the Regulation’s entry into force, exporters must ensure:
  • Packaging has undergone conformity assessment
  • Relevant technical documentation is prepared by the manufacturer
  • Manufacturer has made a written declaration of conformity
• Exporters should engage early with packaging manufacturers to review testing and monitoring processes, and assess capacity for conformity assessment and documentation
• Suppliers of fruit/vegetables to the EU in individual packaging <1.5 kg should explore alternatives to single-use plastics and non-compostable sticky labels

Background

• Directive 94/62/EC aims to prevent packaging waste through reuse, recycling, and recovery, supporting a circular economy
• The Directive has been updated to include plastic carrier bags (2015) and new recycling targets (2018)
• Essential requirements relate to manufacturing, composition, reusability, and recoverability (Annex II)
• Compliance can be demonstrated by applying harmonised European (CEN) Subject Standards:
  • EN 13427_2004: Use of European standards in packaging and packaging waste
  • EN 13428_2004: Prevention by source reduction
  • EN 13429_2004: Reusable packaging
  • EN 13430_2004: Material recycling
  • EN 13431_2004: Energy recovery

Resources

• EPRS (2022) Briefing: Revision of Directive 94/62/EC on Packaging Waste
• European Commission (2020) Effectiveness of Essential Requirements for Packaging and Packaging Waste
• European Commission (2022) Staff Working Document on the Proposal for a Regulation on Packaging and Packaging Waste
• European Commission: Q&A on the Regulation on Packaging and Packaging Waste
• EUROPEN (2021) Extended Producer Responsibility (EPR) for Used Packaging
• FoodDrink Europe (2022) Commission’s Packaging Proposal: Positive Aspects and Concerns
• Freshfel Europe (2022) Call for Harmonized EU Packaging Rules for Fresh Fruit & Vegetables
• UNESDA (2022) Statement on the Proposal for the EU Packaging and Packaging Waste Regulation

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