The Circular Economy Package: Revisions to Directive 94/62/EC on Packaging and Packaging Waste

As a consumer, you probably don't think much about the packaging that surrounds the products you buy. But the truth is, packaging has a huge environmental impact. In fact, it's estimated that packaging accounts for a third of all waste generated in the European Union. That's why the EU has implemented Directive 94/62/EC on Packaging and Packaging Waste, a set of rules designed to reduce the environmental impact of packaging and promote sustainable practices in the industry.

Regulated Substances in Packaging Materials: The Requirements of EU Directive 94/62/EC

One of the key provisions of the directive is the requirement for member states to set up systems for the recovery and recycling of packaging materials. This includes the establishment of targets for the recycling of certain materials, such as paper, glass, and metals. The directive also requires member states to implement measures to reduce the amount of packaging waste generated, including through the promotion of eco-design and the use of reusable packaging.

These requirements have had a significant impact on the packaging industry in the EU. Companies have been forced to consider the environmental impact of their packaging materials and to develop more sustainable alternatives. This has led to the introduction of more efficient recycling systems and the development of packaging materials made from recycled content.

But the directive isn't just about recycling. It also sets limits on the amount of certain heavy metals and other harmful substances that can be present in packaging materials. This is to protect human health and the environment from the toxic effects of these substances.

Under Directive 94/62/EC on Packaging and Packaging Waste, the following heavy metals and other harmful substances are regulated:

• Lead: Lead is a toxic metal that can cause serious health problems, including damage to the nervous system, kidneys, and reproductive system.
• Mercury: Mercury is a toxic metal that can cause serious health problems, including damage to the brain, nerves, and kidneys.
• Cadmium: Cadmium is a toxic metal that can cause serious health problems, including damage to the kidneys and respiratory system.
• Hexavalent chromium: Hexavalent chromium is a toxic metal that can cause serious health problems, including cancer and damage to the respiratory system.
• Polycyclic aromatic hydrocarbons (PAHs): PAHs are a group of chemicals that are formed during the incomplete burning of organic matter, such as coal, oil, and tobacco. They can cause cancer and other health problems.
• Polychlorinated biphenyls (PCBs): PCBs are a group of chemicals that were once widely used in a variety of industrial and commercial products, including electrical transformers and capacitors. They are known to be toxic and can cause cancer and other health problems.
• Formaldehyde: Formaldehyde is a chemical that is used in a variety of products, including paints, adhesives, and preservatives. It can cause irritation to the eyes, nose, and throat, and has been classified as a probable human carcinogen.

Proposed Revisions to Packaging Directive 94/62/EC under the Circular Economy Package

Directive 94/62/EC on packaging and packaging waste has been revised several times since it was first adopted in 1994. The most recent revision was proposed on 19 October 2020, the European Commission revealed its work program for 2021, signaling a plan to revise Directive 94/62/EC on Packaging and Packaging Waste.

The Circular Economy Package is a set of proposed revisions to Directive 94/62/EC on Packaging and Packaging Waste. This initiative, aligned with the European Green Deal and Circular Economy Action Plan, aims to reinforce requirements for packaging, promote recycling, and reduce packaging waste. In this blog, we will explore the proposed revisions and measures outlined in the Commission's proposal for a regulation on packaging and packaging waste, as well as the ongoing discussions and priorities in the European Parliament and Council.

Revisions to Directive 94/62/EC and the Proposed Regulation:

The proposed regulation on packaging and packaging waste, published by the Commission on 30 November 2022, encompasses all packaging and packaging waste. It introduces various requirements, including restrictions on the presence of hazardous substances such as lead, cadmium, mercury, and hexavalent chromium in packaging materials. The regulation emphasizes the importance of recyclability, mandating that all packaging should be designed for recycling by 1 January 2030 and be recyclable at scale from 1 January 2035.

To promote the use of recycled content, minimum recycled content requirements are proposed for plastic packaging, with a target of 30% for single-use plastic beverage bottles by 1 January 2030, and increasing percentages thereafter. Certain packagings, such as filter coffee pods and sticky labels on fruit and vegetables, would need to be compostable within two years of the regulation's entry into force.

Additionally, the proposed regulation addresses packaging weight and volume reduction, promotes the concept of reusable packaging, and introduces labeling requirements regarding material composition and reusability. Economic operators would be obliged to limit the empty space ratio in packaging to a maximum of 40% and establish systems for the reuse of reusable packaging. The regulation also sets ambitious targets for re-use and refill, requiring companies to make a certain percentage of beverages available in reusable packaging.

Other proposed measures include reducing the consumption of lightweight plastic carrier bags, setting targets for packaging waste reduction per capita, establishing systems for the return and separate collection of all packaging waste, and introducing deposit and return systems for single-use plastic beverage bottles and metal beverage containers.

European Parliament and Council Discussions:

The European Parliament, through its resolution on the New Circular Economy Action Plan, called for swift legislative proposals to address waste reduction, ambitious essential requirements, and targets in the Packaging Waste Directive. Frédérique Ries, appointed as the rapporteur, has outlined priorities such as reducing plastic pollution, setting collection targets, banning PFAS in food packaging, promoting sustainable innovation, and ensuring extended producer responsibility for online service providers.

In the Council, discussions on the Packaging and Packaging Waste Regulation have taken place in the Working Party on the Environment, with a policy debate held during the Environment Council in March 2023.

Conclusion: The proposed revisions to Directive 94/62/EC and the packaging regulation demonstrate the European Union's commitment to creating a more sustainable and circular economy. The measures aim to improve packaging recyclability, reduce waste, promote reuse, and address environmental concerns. As stakeholders provide feedback on the proposal, further deliberations and amendments will shape the final regulations, paving the way for a future where the packaging has a minimal impact on the environment.