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That packaging waste has a negative impact on the environment, we have known for longer than today. But that packaging is desperately needed to extend the shelf life of food, for example, to prevent food waste. Packaging also protects food from damage, for example during storage and transport. In this article, the latest on packaging legislation.
To minimize that negative impact on the environment, retailers and manufacturers have long had to deal with the rules regarding the essential requirements for packaging, part of the European Packaging and Packaging Waste Directive (94/62/EC). These requirements state that packaging must be developed so that as little packaging material as possible is used. A company must substantiate the choices made in a packaging dossier. However, only recently has the Environmental and Transport Inspectorate (ILT) been enforcing this and retailers, manufacturers and importers are wondering how to deal with these regulations. Moreover, new European legislation is in the works, making the requirements even stricter.
On Nov. 30, 2022, the European Commission published a new proposal for a European regulation to reduce packaging waste: the Packaging and Packaging Waste Regulation (PPWR). By adapting the existing directive to a regulation, the same rules will soon apply to all European member states. Rules that should lead to the reduction of packaging material and increased reuse of packaging. The rules must also encourage recycling of the packaging material and the ultimate goal is that all packaging will be recyclable by 2030.
In addition to an outright ban on some packaging, the proposal also describes a ban on "empty space" in packaging. Both the volume and weight of packaging must be reduced to achieve the targets. Only then will we prevent waste of packaging and packaging materials, according to the European Commission. The PPWR is currently still a proposal under consideration by the European Council, Parliament and Commission. A cautious estimate by the Sustainable Packaging Knowledge Institute (KIDV) is that - if the negotiations go well - the PPWR will be definitively adopted in 2024. The relevant measures will then take effect 12 months after publication.
The European Single Use Plastics Directive (SUP) has already been in force since 2021. This directive has been expanded since January of this year to include producer responsibility obligations. The SUP largely corresponds to the PPWR, which is yet to be implemented. Both laws will coexist. Companies must therefore comply with both laws. Goals such as preventing as much packaging waste as possible and encouraging reuse and recycling are the same in both laws. The difference is that the SUP legislation deals exclusively with single-use plastic packaging, whereas the PPWR deals with all packaging.
There is administration coming at companies under the new regulation. In a packaging dossier, a company must state why they choose a particular packaging form and material. It must also show that the packaging is as lightweight as possible while still fulfilling all of its functions. For example, protecting a packaged product, providing label information or enabling transportation.
In addition, there are requirements for the end phase of packaging: what happens after the consumer throws away the packaging? How is the environmental impact here kept as low as possible? The packaging must be reusable, recyclable or compostable. Or available for energy recovery through safe incineration. Limits are also set on heavy metals that may be present in packaging materials to ensure that they do not cause harm to the environment. These requirements apply not only to primary, but also to secondary and tertiary packaging.
Such records are fortunately already (partially) in place at many companies, as they were already familiar with the rules of the essential requirements. The PPWR contains tightened and expanded requirements, and existing reports will probably have to be substantially supplemented as well.
In the Netherlands, the Waste Fund and the Environmental and Transport Inspectorate (ILT) monitor companies for compliance with statutory recycling targets. They look at how the company is minimizing the environmental impact of packaging, and in doing so, they say, they are mindful of the administrative burden this entails. Some tips for putting administration in order:
Contact us at info@precongroup.com, NL +31 (0)30 65 66 010 or BE +32 (0)11 26 99 07.
Subscribe to our newsletter, our monthly look at food and non-food quality management.