The proposal for a new draft regulation on packaging and packaging waste, an amendment to the current European Directive 94/62/EC, to be officially published by the European Commission on November 30, 2022, has not yet been completed. The news has been circulating in the industry for several days. The amendments will cover the following elements.
1、 Minimum recovery content
Let's take a look at the key points to pay closer attention to the plastic packaging industry. The first issue is the minimum recovery rate from post-consumer plastic waste, which will reach 50% in single-use beverage bottles by 2030 and 65% by 2040; the target values for contact-sensitive plastic packaging are slightly lower, at 25% and 50%, respectively.
For all other plastic packaging, the minimum content starts at 45% (in 2030) and reaches 65% in 2040. It is anticipated that these standards may be modified on an interim basis in the event of low availability or high prices of recycled materials.
| Current Objectives（%） | By 2025（%） | By 2030（%） |
All packaging | 55 | 65 | 70 |
Plastic | 25 | 50 | 55 |
Wood | 15 | 25 | 30 |
Ferrous Metals | 50（Including aluminum） | 70 | 80 |
Aluminum | ➖ | 50 | 60 |
Glass | 60 | 70 | 75 |
Paper and cardboard | 60 | 75 | 85 |
In order to promote recycling and provide sufficient recycling volumes, a margin system (DRS) needs to be introduced for single-use containers (not just plastic containers) up to 3 liters in capacity from 2028.
2、 Recovery target
The draft also revised upward the recycling target: 65 percent by weight for all packaging, with different percentages for materials and time: 25 percent for wood, 50 percent for plastics and aluminum, 70 percent for glass and ferrous metals, and 75 percent for paper and cardboard by 2025. In 2030, that number will rise, with the common goal rising to 70 percent and plastic packaging rising to 55 percent of consumer inputs. Packaging waste exported outside Europe should also be accounted for, provided it is proven to have been actually recycled in the country of destination.
3、 Compostable plastic
There are also new developments in biodegradable and compostable packaging, which will be mandatory for two years after the regulations take effect for certain products, such as tea bags, coffee pods, stickers applied to fruits and vegetables, and ultra-lightweight plastic bags.
In general, compostable plastics should only be allowed when there is a clear benefit to the environment or human health; in particular, cross-contamination of conventional and compostable plastic waste should be avoided, which may compromise the quality of the recycled material.
Individual countries may decide to authorize the use of lightweight compostable plastic bags if collection programs and organic waste treatment infrastructure are in place. The new regulations also require that compostable polymers may no longer be used to manufacture packaging, except for packaging that is expressly permitted.
Bioplastics can be counted toward recycling targets as long as they are properly composted or otherwise recycled. Packaging used to produce energy (including fuel) cannot be counted toward the recycling goal.
4、New definitions and labels
The draft also establishes a new definition of recyclable packaging, as from 2030 all packaging placed on the market must be recyclable, provides for the adjustment of EPR rates (Extended Producer Responsibility) based on performance and recyclability, and introduces targets in terms of reuse, with different steps to be taken in 2030 and 2040.
The environmental labeling of packaging also introduces some mandatory information (e.g. ingredients, reuse and delivery) and other voluntary information (e.g. recycled content). The new regulations place restrictions on the use of hazardous substances, particularly for lead, cadmium, mercury and hexavalent chromium.
5、 Prevention
There is no shortage of measures to prevent waste, prevent over-packaging and greenwashing (labels or claims that could lead to confusion). In terms of prevention, member states are urged to reduce packaging waste per capita by 5% by 2030, 10% by 2035 and 15% by 2040. For shoppers, up to 40 bags per person per year from 2025 can be reduced, either by excluding ultra-light bulk bags or when hygiene requirements recommend their use.
Explicitly prohibit certain forms (exceptions), such as disposable plastic packaging, disposable packaging for fresh fruits and vegetables, polystyrene foam packaging for food retail (excluding fish boxes), disposable plastic packaging for food and beverages consumed in hotels, restaurants, cafes or small hotels, such as liquid products with a capacity of less than 50 ml or non-liquid products with a capacity of less than 100 grams of cosmetics and hygiene bottles.
