A new European packaging regulation in sight
A new European packaging regulation in sight
| Author: Patrick Semadeni
On November 30, 2022, the EU Commission presented its proposal for a new regulation on packaging and packaging waste. This regulation will have a significant impact on packaging. A critical review.
Review: Circular economy as a driver
Back in December 2015, the European Commission adopted the EU's first Circular Economy Action Plan. This plan also included measures to reuse or recycle "major waste streams" such as "municipal and packaging waste."1 This action plan led to the amendment of directive 94/62/EC, which regulates packaging. The amending directive (EU) 2018/852 also introduced mandatory recycling targets for packaging waste. For plastics, for example, 50% by the end of 2025 and 55% by the end of 2030.
The Commission's 2018 Work Program calls for all plastic packaging to be recyclable by 2030 for the first time.2
Finally, on January 16, 2018, the then EU Commissioner (now Vice-President) presented the European Strategy for Plastics in the Circular Economy, the central point of which is also the recyclability of plastic packaging.3
This requirement is renewed in the Commission's Green Deal. The Commission announces in it that it will implement measures against single-use plastics.4 A direct consequence of this is Directive (EU) 2019/904 on reducing the impact of certain plastic products on the environment, better known as the "Single-Use Plastics Directive." This directive also includes the prohibition of some products. Part B of the annex to this directive lists new product categories, such as cutlery, plates, drinking straws, stirrers and various items made of expanded polystyrene (EPS).
The EU's plastics strategy is confirmed in the new Circular Economy Action Plan of March 2020.5
In implementation of the Plastics Strategy, the Green Deal and the new Action Plan, on November 30, 2022, the European Commission presented a proposal for the revision of the current directive, which became known as the "PPWR" (Packaging and Packaging Waste Regulation).6
At the moment the PPWR is not yet in force. The responsible committees of the European Parliament and in the Council of the European Union are currently discussing it. However, enactment is still expected during the current legislative session, which ends in May 2024.
The new PPWR - what does it say?
All plastic packaging must be recyclable by 2030
By 2030, all packaging must be recyclable, not just in theory, but in fact. This means that there must be a recycling capability "at scale." According to the Commission's ideas, 75% of EU citizens must have access to a recycling system. However, this will be very difficult to implement because it will hardly be possible to build up the necessary infrastructure within the few years until 2030.
Prescribed recycled content
Recycled content will be mandatory for plastic packaging in two stages from 2030 and 2040, including for "contact sensitive" packaging, such as food packaging:
| starting 2030 | starting 2040 | |
| for «contact sensitive» packaging made of PET as main ingredient | 30% | |
| for «contact sensitive»* packaging made of other polymers, except disposable beverage bottles | 10% | |
| for «contact sensitive» plastic packaging, except disposable beverage bottles | 50% | |
| for disposable beverage bottles | 30% | 65% |
| for all other packaging | 35% | 65% |
*Primary packaging for medicinal products for human use, veterinary medicinal products, medical devices, in vitro diagnostics, and outer packaging for medicinal products for human use and veterinary medicinal products are exempt if the packaging is necessary to preserve the quality of the medicinal products. Likewise, compostable packaging will be exempt.
The question here is: will there be enough suitable recyclates by then? The collection systems must be established and the processing infrastructure must be in place for this purpose. This is very questionable. At least the Commission is leaving a loophole open to revise these requirements under certain circumstances.
It is incomprehensible, however, that these specifications will only apply to plastics and not to other materials. This is discriminatory.
Specified recycling rates
As is already the case under current law, a recycling rate of 55% is required for plastic packaging by the end of 2030. Now, it is no longer the quantity delivered for recycling that is measured, but the quantity fed into the extruder.
Whether these goals are achieved depends to a large extent on whether it is possible to remove complexity from the system. For PET beverage bottles, we already achieve recycling rates of 81.2% (bottle-to-bottle) due to separate collection and low material complexity.7
It is also incomprehensible that no exemptions will be granted for critical packaging - for example, for the transport of hazardous goods.
Refill and reuse rates
The PPWR provides for refill and reuse quotas for certain packaging. The criteria for when packaging is reusable are also set out in eight points. It is not enough to design packaging so that it is reusable. In practice, there must also be a system that takes back the packaging and reconditions it (e.g. washes it):
| ab 2030 | ab 2040 | |
| To-Go drinks | 20% | 80% |
| To-Go food | 10% | 40% |
| Alcohol (except wine): | 10% | 25% |
| Wine (except sparkling wine): | 5% | 15% |
| Non-alcoholic beverages (except milk): | 10% | 25% |
| Transport packaging (pallets, boxes, etc.): | 30% | 90% |
| Transport packaging non-food e-commerce | 10% | 50% |
| Outer packaging foils and tapes | 10% | 30% |
| Outer Packaging (except cardboard boxes!): | 10% | 25% |
Those are the specifications. But how are these to be assessed? In principle, reusable products should be used if their environmental impact is lower than that of single-use products in a recycling cycle. This is the case in many applications, but not in general. A lot depends on how the transport routes are designed (distances, means of transport) as well as how many and which resources the cleaning process requires. Only scientific methods such as a life cycle assessment according to ISO 14040 can provide a reliable answer.
Many duties in labeling and information
The PPWR specifies how packaging must be labeled in the future. For example, three and a half years after the regulation comes into force, they must bear a label that provides information about the composition of the material.
Less waste is to be generated
Finally, the PPWR requires member states to produce 15% less packaging waste per capita by 2040.
Other provisions
The PPWR contains other provisions. You will find a summary here.
Is it possible to implement a set of rules like this?
This is highly questionable given the flood of packaging in Europe that is moved every day. Even when it comes to implementing the Single-Use Plastic Directive - after all, it came into force on July 3, 2019 - all countries are far from being on track. On September 29, 2022, the European Commission initiated legal action against 11 countries that have not implemented the directive in a compliant manner.8
Do we also need a regulation like this in Switzerland?
What we need in Switzerland is a functioning circular economy for plastic packaging. With a recycling rate of less than 10% in relation to all plastic waste, we are far from a circular economy.9
This starts with legal certainty on how to deal with municipal waste. This is where the bulk of plastic packaging is located. Currently, municipal waste is subject to a state waste monopoly pursuant to Article 31 b (1), which is held by the cantons. All too often, plastic packaging is sent for thermal recycling in waste incineration plants. Here, material flows must be managed so that plastic packaging is directed into a system of reuse or recycling. The current revision of the Environmental Protection Act (USG) offers a great opportunity to do this. The National Council has already decided positively in the special session in May. Now the Council of States will debate the bill next, probably in the fall or more likely in the winter.
It is important that private sector organizations can join together to form a system with ambitious goals. A project like this is also in the starting blocks with Collection 2025, led by Swiss Recycling.10
Then there will be no need for such extensive regulation in Switzerland as in the EU. However, the condition is that the industry acts decisively, quickly and effectively.
1 European Commission, COM(2015)614, Brussels, 02.12.2015
2 European Commission, COM(2017)650, Brussels, 24.10.2017
3 European Commission, COM(2018)28, Brussels, 16.01.2018
4 European Commission, COM(2019)640, Brussels, 11.12.2019
5 European Commission, COM(2020)98, Brussels, 11.03.2020
6 European Commission, COM(2022)677, Brussels, 30.11.2022
7 Federal Office for the Environment FOEN, Calculation of the recycling rate of PET bottles, Bern, 05.03.2023
8 European Commission, Circular Economy: Commission takes action to reduce waste from single use plastics, Brussels, 29.09.2022
9 Federal Council, Plastics in the Environment, Bern, 23.09.2022
10www.circular-economy.swiss/sammlung-2025/