EU sets out to make all European packaging recyclable by 2030

Packaging waste continues to increase worldwide and its impact on health, the economy and the climate cannot be ignored. For example, in 2021 each European generated 188.7 kg of packaging waste and estimates predict that by 2030 this figure will reach 209 kg unless it is curbed in some way. This is the main objective of the European Parliament’s Proposal for a Regulation on packaging and packaging waste, which seeks to limit its volume in addition to boosting the reuse and recycling of packaging. To this end, it sets out measures such as specific targets for plastic packaging, greatly limiting the use of single-use packaging, encouraging reuse, making it easier for consumers to use their own packaging, and optimizing the collection and recycling of packaging.

The Proposal for a Regulation aims to harmonize packaging regulations in the different Member States, since the legislation in force, the Packaging and Packaging Waste Directive 2018/852, allows each State to transpose it, adapting it to its own legislative package, which has given rise to unequal national regulatory frameworks on packaging. For this reason, instead of amending the Directive, a Proposal for a Regulation has been approved, since in this way the transposition process will not be necessary. Specifically, after publication of the proposal, there will be a period of around 18 months to process and amend the regulation and then it will be adopted and directly applicable in all Member States.

The Proposal for a Regulation of the European Parliament on packaging and packaging waste amends Regulation (EU) 2019/1020 and Directive (EU) 2019/904, and repeals Directive 94/62/EC (“Proposal for a Regulation”) establishing new requirements for the entire life cycle of packaging, to prevent existing divergences in the legislation of the Member States and based on criteria of sustainability, circularity and recyclability. As regards Spanish legislation, Royal Decree 1055/2022, of December 27, on packaging and packaging waste transposed Directive 2018/852, already anticipating certain new features included in the Proposed Regulation.

Measures included in the Regulation

The purpose of the regulation is that by 2030 all packaging in Europe will be recyclable, for this purpose it establishes the obligation to meet certain design criteria to be detailed in a delegated act. In practice, they will not be considered recyclable if they achieve a degree of recyclability performance of less than 70% according to these criteria. In addition, as of January 1, 2035, the requirements will be further adjusted to ensure that recyclable packaging is also collected, separated and recycled sufficiently and efficiently, facilitating its recycling at scale.

The recycling targets foreseen in the Packaging and Packaging Waste Directive 2018/852, 65% by 2025 and 70% by 2030, including targets per material, are maintained, but new targets are added for the reduction of packaging waste generated per capita: 5% by 2030, 10% by 2035 and 15% by 2040, compared to that generated in 2018.

In addition to the overall packaging reduction targets, specific targets are set for plastic packaging: 10% by 2030, 15% by 2035 and 20% by 2040. Specifically, contact-sensitive PET packaging will be reduced by 30% by 2030 and 50% by 2040, and packaging of other types of contact-sensitive plastics will be reduced by 10% by 2030 and 50% by 2040, except for single-use plastic beverage bottles. Single-use beverage bottles will be reduced by 30% by 2030 and 65% by 2040. These targets will not apply to compostable plastic containers. In addition, to avoid adverse health effects, the use of long-lasting chemicals in plastic food packaging, such as PFAs and Bisphenol A, will be banned.

One of the axes of the regulation is to minimize all unnecessary packaging, for which a methodology is established in one of the annexes to the standard. At the same time, the use of certain packaging formats is restricted, such as single-use packaging used in catering, or for vegetables and fruit, which are specified in another of the annexes. In this regard, single-use packaging for food and beverages filled and consumed within the premises of the hotel and catering sector will be banned from 2030 onwards.

Other measures are aimed at reducing the empty space in the packaging, designing them so that their weight and volume are reduced to the minimum necessary to ensure their functionality, seeking not to market packaging with double walls, false bottoms and unnecessary layers, unless the design is subject to EU geographical indications of origin. Thus, those who supply products to a distributor or end user in grouped packaging, transport packaging or e-commerce packaging, will ensure that the empty space ratio is a maximum of 40%.

The aim is also to encourage the placing on the market of products with refillable or reusable packaging, in accordance with the requirements set out in another of the annexes, which include targets such as 90% by 2030 for the packaging of large household appliances, 20% in 2030 and 80% in 2040 for take-away beverages, 30% in 2030 and 90% in 2040 for transport packaging such as pallets, 10% in 2030 and 25% in 2040 for non-alcoholic beverages, 10% in 2030 and 50% in 2040 for packaging for transport and delivery of non-food items etc. Similarly, final distributors of beverages and take-away food in the food service sector, such as hotels, restaurants and cafeterias, should give consumers the option to bring their own container.

To encourage compostable packaging, products such as tea or coffee bags, single-dose coffee or tea capsules intended to be used and disposed of with the product, adhesive labels attached to fruit and vegetables, and very light plastic bags are required to be compostable under industrial conditions within two years of the standard coming into force.

Overall, the aim is for EU countries to ensure that 90 % of the materials contained in packaging (plastic, wood, ferrous metals, aluminum, glass, paper and cardboard) are collected separately by 2029.

Other measures

The aim is to harmonize labeling on packaging, which will be marked with a label containing information on the material of which it is composed, on its reusability and also a QR code to provide more information on reuse.

The information requirements are stricter than those contained in the Proposal for an Ecodesign Regulation.This obligation does not apply to transport packaging, but does apply to e-commerce packaging.By January 1, 2028, packaging will have to include information on the label that facilitates the separate collection of each specific fraction. In addition, the same labels will be placed on waste containers, and packaging subject to deposit, return and refund systems will also be marked with a harmonized label.Therefore, it is prohibited to include labels, symbols or similar, which may mislead or create confusion regarding sustainability requirements on packaging.

The deposit, return and refund system (DRS) is established for plastic beverage bottles and single-use metal beverage containers with a capacity of up to 3 liters in countries that cannot report a 90% separate collection in 2026 and 2027, with the recommendation to extend it to other reusable packaging. The DRS system will not be mandatory for products destined for wine, aromatic wine products, spirits, or dairy products.Packaging producers will continue to operate under the extended producer responsibility (EPR) regime, although further harmonization of its rules is intended, and the Producers’ Register will become a European requirement, regulating data reporting at the EU level. In addition, the ecomodulation of the financial contributions to be paid by producers to their EPR systems will be established on the basis of the degree of recyclability performance of the packaging and, in the case of plastic packaging, on the basis of the percentage of recycled content.

Finally, Member States are empowered to introduce a charge for the use of single-use packaging and to inform consumers about the cost of packaging.