EU Council and Parliament strike a deal to make packaging more sustainable

4 March 2024

Today, the EU Council presidency and the European Parliament’s representatives reached a provisional political agreement on a proposal for a regulation on packaging and packaging waste. The aim is to tackle the increase in packaging waste generated in the EU, while harmonising the internal market for packaging and boosting the circular economy.

The proposal considers the full life-cycle of packaging. It establishes requirements to ensure that packaging is safe and sustainable, by requiring that all packaging is recyclable and that the presence of substances of concern is minimised. It also lays down labelling harmonisation requirements to improve consumer information. In line with the waste hierarchy, the proposal aims to significantly reduce the generation of packaging waste by setting binding re-use targets, restricting certain types of single-use packaging and requiring economic operators to minimise the packaging used.

The deal reached today is provisional, pending formal adoption by both institutions.

Main elements of the agreement

Sustainability requirements and recycled content in packaging

The text of the provisional agreement maintains most of the sustainability requirements for all packaging placed on the market and the headline targets proposed by the Commission.

It strengthens the requirements for substances in packaging by introducing a restriction on the placing on the market of food contact packaging containing per- and polyfluorinated alkyl substances (PFASs) above certain thresholds. To avoid any overlap with other pieces of legislation, the co-legislators tasked the Commission with assessing the need to amend that restriction within four years of the date of application of the regulation.

The provisional agreement maintains the 2030 and 2040 headline targets for minimum recycled content in plastic packaging. The co-legislators agreed to exempt compostable plastic packaging and packaging whose plastic component represents less than 5% of the packaging’s total weight from those targets. The Commission will have to review the implementation of the 2030 targets and assess the feasibility of the 2040 targets. The agreement also calls on the Commission to assess, three years following the entry into force of the regulation, the state of technological development of bio-based plastic packaging and, on the basis of that assessment, to lay down sustainability requirements for bio-based content in plastic packaging.

The new rules would reduce unnecessary packaging by setting a maximum empty space ratio of 50% in grouped, transport and e-commerce packaging, and requiring manufacturers and importers to ensure that the weight and volume of packaging are minimised, except for protected packaging designs (provided that this protection was already in force by the date of entry into force of the regulation).

Re-use targets and re-fill obligations

The text sets new binding re-use targets for 2030 and indicative targets for 2040. The targets vary depending on the type of packaging used by operators: alcoholic and non‑alcoholic beverages (excluding wine and aromatised wines, milk and other highly perishable beverages), transport and sales packaging (excluding packaging used for dangerous goods or large-scale equipment and flexible packaging in direct contact with food) and grouped packaging. Cardboard packaging is also generally exempted from those requirements.

The agreement introduces a general renewable five-year derogation from the attainment of the re-use targets under specific conditions, including that:

• the exempting member state exceeds by 5 percentage points the recycling targets to be achieved by 2025 and is expected to exceed by 5 percentage points the 2030 recycling  targets
• the exempting member state is on track to achieve its waste prevention targets
• the operators have adopted a corporate waste prevention and recycling plan that contribute to achieving the waste prevention and recycling objectives set out in the regulation

The new rules also exempt micro-enterprises from attaining those targets and introduce the possibility for economic operators to form pools of up five final distributors to meet the re-use targets on beverages.

The co-legislators laid down an obligation for take-away businesses to offer customers the possibility of bringing their own containers to be filled with cold or hot beverages or ready-prepared food, at no additional charge. Additionally, by 2030, take-away activities must offer 10% of products in packaging formats suitable for re-use.

Deposit return systems (DRS)

Under the new rules, by 2029, member states must ensure the separate collection of at least 90% per annum of single-use plastic bottles and metal beverage containers. To achieve that target, they are required to set up deposit return systems (DRSs) for those packaging formats. The minimum requirements for DRS will not apply to systems already in place before the entry into force of the regulation, if the systems in question achieve the 90% target by 2029.

The co-legislators agreed to add an exemption from the requirement to introduce a DRS for member states if they reach a separate collection rate of above 80% in 2026 and if they submit an implementation plan with a strategy for achieving the overarching 90% separate collection target.

Restrictions on certain packaging formats

The new rules introduce restrictions on certain packaging formats, including single-use plastic packaging for fruit and vegetables, for food and beverages, condiments, sauces within the HORECA sector, for small cosmetic and toiletry products used in the accommodation sector (e.g. shampoo or body lotion bottles), and for very lightweight plastic bags (e.g. those offered at markets for bulk groceries).

Next steps

The provisional agreement will now be submitted to the member states’ representatives within the Council (Coreper) and to the Parliament’s environment committee for endorsement. If approved, the text will then need to be formally adopted by both institutions, following revision by lawyer-linguists, before it can be published in the EU’s Official Journal and enter into force. The regulation will be applied from 18 months after the date of entry into force.

Background

Packaging production and packaging waste management is an economically complex and important sector, generating a total turnover of €370 billion in the EU. As such, it plays a significant role and has the potential to transform Europe into a clean, sustainable, circular economy, in line with the European Green Deal. However, even though recycling rates have increased in the EU, the amount of waste generated from packaging is growing faster than the amount recycled. Over the past decade, the amount of packaging waste has increased by nearly 25% and is expected to increase by another 19% by 2030 if no action is taken. For plastic packaging waste, the expected increase is 46% by 2030.

The current EU packaging and packaging waste directive was first adopted in 1994 and has been revised several times. It lays down rules for EU member states to ensure that the packaging placed on the EU market meets certain requirements and to adopt measures to prevent and manage packaging waste, in order to achieve recycling targets for different types of packaging waste. However, several assessments of the directive have shown that it has not succeeded in reducing the negative environmental impacts of packaging.

Against this backdrop, in November 2022 the Commission put forward a proposal for a regulation on packaging and packaging waste that would replace the existing directive. The Parliament and Council adopted their positions on the proposed regulation in November and December 2023, respectively. The Parliament’s rapporteur for this file was Frédérique Ries.

• Council general approach on the packaging and packaging waste regulation
• Commission proposal
• Packaging (background information)
• Circular economy (background information)
• European Green Deal (background information)

Thanks to S&Ds, the EU to curb packaging pollution through waste reduction, reuse, and recycling

The European Parliament and the EU Council reached an agreement today on a landmark regulation aimed at addressing Europe’s mounting packaging waste crisis. Each year, the average European generates over 188 kilograms of packaging waste, contributing to a significant 20% increase in waste over the past decade.

Our Group, in the European Parliament and during the so-called trilogue negotiations with the member states, has played a pivotal role in pushing against industry lobbying to ensure that the Packaging and Packaging Waste Regulation maintains its ambition. The S&Ds have successfully advocated for increased reuse to slash waste generated by single-use items in the first place, improved recycling methods, safer packaging for consumers and an overall reduction of unnecessary packaging. This will be key to reaching the overall target of the regulation – 15% less packaging waste by 2040 – and curb the pollution, greenhouse gas emissions, and health problems associated with packaging waste.

Delara Burkhardt, S&D MEP and negotiator on the Packaging and Packaging Waste Regulation, said:

“In a business-as-usual scenario, we are heading towards an almost 20% increase of packaging waste by 2030, and this is unacceptable. Excessive packaging waste pollutes our environment, contributes to global warming, and harms our health with ‘forever chemicals’ contained in the packaging.

“Despite facing severe opposition from the packaging industry, the S&D Group persevered to secure a majority in support of this crucial regulation. We have successfully obtained a better focus on the promotion of reusable packaging to reduce waste from single-use plastic cups or bags, and expanded recycling options of unavoidable packaging.

“To safeguard people’s health, we have achieved a ban on PFAS – forever chemicals that poison our water and food and overall environment – in the production of packaging that comes into contact with foodstuffs. This is a great victory for the people and the planet.”

The provisional agreement reached today still needs to be confirmed by the European Parliament and the EU Council.

Packaging deal: Renew Europe succeeds in eliminating PFAS chemicals from contact food packaging

Renew Europe welcomes today’s agreement, after more than one year of intensive negotiations, between the Parliament and the Council on the Regulation on Packaging and Packaging Waste. This agreement marks a turning point in our aim to set up a functional circular economy in the EU, which is a key priority for Renew Europe.

The Renew Europe group is pleased that the agreement on the revision of packaging and packaging waste regulations, hammered out by the co – legislators, sets new and ambitious standards on how packaging and packaging waste will be handled sustainably in the near future. In addition to banning PFAS or ‘forever chemicals’ for contact-sensitive food packaging by 2026, which will be a real win for people’s and nature’s health, the agreement reached consists of the following main elements, which are:

• A packaging waste reduction target for all packaging materials : 5% by 2030, 10% by 2035 and 15% by 2040.
• Mandatory recyclability of packaging by 2030 : Given the need for a functioning circular economy, all packaging in the European Union will have to be recyclable by 2030, promoting a more sustainable approach to resource management.
• A ban on single-use plastics in HORECA by 2030: In response to the proliferation of single-use plastics and their harmful effects on ecosystems, the regulation provides for a ban on single-use plastics in cafés and restaurants for retail sales by 2030, in order to promote the adoption of reusable alternatives.
• In order to maximise the efficiency of packaging and minimise waste, a maximum empty space rate of 50% has been established, ensuring that packaging is appropriately sized and proportionate to its contents.
• By the end of 2027, the Commission will have to assess the proposed sustainability targets and criteria for bio-based plastics, as a key resource for moving away from dependence on oil.

MEP Frédérique Ries, (MR, Belgium) and Renew rapporteur says after the agreement reached with the Council :

“For the first time in environmental legislation, Europe is setting clear targets for reducing packaging consumption, regardless of the material used (plastic, wood, ferrous metals, aluminium, glass, paper and cardboard). We call for efforts from all industrial sectors, but also from the Member States, but we also wanted the consumer to play a role in this fight against overpackaging. We have sent a strong message in favor of a more virtuous European packaging market that respects food safety. This is why the ban on persistent PFAS chemicals is a big victory for the health of European consumers. But it was also essential that environmental ambitions meet industrial reality with an agreement that promotes innovation, postpones for 5 years restricting certain packaging formats, for fresh fruit and vegetables, and above all provides for a certain number of exemptions for micro – businesses.”

According to the latest Eurostat report, the amount of packaging waste in the European Union reached 84 million tons in 2021, and the European average increased by 10.8 kilograms in one year to the sum of 188.7 kilograms of packaging waste per inhabitant. With a turnover of around €350 billion per year, the adoption of common rules for all market participants is essential, as is the alignment of environmental criteria in packaging waste management for all 27 Member States.