On November 22, 2023, the European Union held a plenary session in Strasbourg and finally approved the position of the revised Packaging and Packaging Waste Regulation (PPWR) by 426 votes in favor, 125 against and 74 abstentions.
The existing EU Packaging Directive will be replaced by a new Packaging and Packaging Waste Regulation. This new EU Packaging Regulation is not yet fully in force. The regulation will also have a significant impact on online e-commerce service providers, markets and private households.
So what are the specifics of the regulation? The three main areas are: reducing unnecessary packaging, limiting the types of materials, and banning the use of "permanent chemicals" (perfluorinated and polyfluoroalkyl substances, PFAS0).
The changes brought about by the proposal:
It will take the form of a statute rather than a directive, and is designed to ensure that all member states fulfill their obligations in the same way and at the same time.
The sum of the concentration levels of lead, cadmium, mercury and hexavalent chromium may be below the current limit of 100 mg/kg.
Set the recycling standard and recycling performance level.
As of January 1, 2030, packaging corresponding to Recycling Performance Level E will no longer be considered recyclable.
Introducing a minimum recycled content target for plastic components in packaging.
Packaging minimization requirements: the void ratio inside the package does not exceed 50%, and double layers or false bottoms are prohibited.
Packaging labels, except for transportation packaging, must be labeled with information about their material composition.
Starting four years after the effective date of the proposed regulation, packages will be required to bear package reusability labels and digital data carriers that provide information on package reusability and facilitate package tracking.
Requirements for Substances in Packaging
1. Packaging entering the market must be free of hazardous substances or contain only very small amounts of hazardous substances. This applies not only to the packaging material itself, but also to all components contained in the packaging material.
It is important that these hazardous substances are present in the smallest possible quantities in any waste (e.g. recycled materials or other wastes) generated during the packaging and disposal process. The aim is to minimize the environmental impact of these hazardous substances at every stage of the packaging life cycle.
- The void space ratio shall not exceed 50%. void space is the space in the package filled with filler material (e.g., paper, air cushion, bubble wrap, foam, or similar material). The void space ratio is the ratio between the total volume and the volume of the contained product.
In online trade, transportation packaging is subject to more stringent requirements and criteria.
3. Designing reusable packaging introduces a minimum number of round trips or cycles in its use, which is lower due to the different characteristics of the cardboard material. - Restrictions on certain forms of packaging, including single-use plastic packaging, which apply to the packaging of fruits and vegetables, food and beverages, condiments, sauces in the hotel and restaurant industry, and small cosmetics and toiletries used in the lodging industry (e.g., shampoo or body lotion bottles)
Labeling Obligations
Information about the composition of the material will be posted on the package.
This means that the package must contain information that allows the person receiving or disposing of the product to understand what is being processed in the package. This ensures proper disposal, recycling and reuse.
Mandatory Representation and Extended Producer Responsibility
The Manufacturer shall, by written authorization, designate a designated representative for the extension of producer responsibility in each Member State, other than the Member State in which it is established, in which it first offers packaging.
This means that every company or online seller that ships to a European country/region that does not have a branch office must have an authorized representative in the EU country where the sale is being made.
The definition of recyclable in the current draft is somewhat vague and some requirements will be specified in the coming years. It will be developed in coordination with the EU countries. The text of the law has not yet been finalized, and the new regulation may enter into force from 2025. Until then, the current Directive and its amendments will continue to apply.
If you need to register German, French, Spanish or Austrian packaging method sellers, please feel free to consult Green Circle!
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