The European Parliament and the Council adopt new packaging regulations

On 4 December 2024, the European Parliament and the Council adopted the EU Packaging and Packaging Waste Regulation, which will improve environmental sustainability throughout the life cycle of packaging and promote a circular economy. The regulation specifies the definition of packaging, sustainability requirements, labelling and information, producer responsibility, waste management and other aspects, applicable to all types of packaging and packaging waste on the EU market; The ultimate aim of the regulations is to reduce packaging waste, improve resource efficiency, ensure the free circulation of packaging and achieve climate neutrality.

First, the core content

1. Definition and scope

Clear definition of packaging, including all types of items used to accommodate, protect, transport products, involving sales, grouping, transport packaging and other types, while packaging waste, producers, economic operators and other concepts are defined. The regulations apply to all packaging and packaging waste, regardless of material and use, but in certain circumstances, such as when in conflict with other regulations, specific principles are followed.

2. Sustainability requirements

Substance restriction: The content of harmful substances in the packaging should be minimized to lead, cadmium, mercury, hexavalent chromium and

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Setting concentration limits for such substances and requiring manufacturers to provide proof of compliance in technical documentation, the European Commission has the right to adjust the relevant limits in accordance with scientific and technological progress.

Recyclability: All packaging placed on the market must be recyclable, according to the design recycling standards and recycling performance levels assessed, the manufacturer is responsible for assessment and provide technical documentation to prove that non-compliant packaging will be restricted to the market, while innovative packaging is given a certain exemption period.

Recycled ingredients: Plastic packaging should contain a specified proportion of recycled ingredients, depending on the type and time of the packaging, with exemptions for some packaging, manufacturers need to prove compliance, and the relevant financial contribution can be adjusted according to the proportion of recycled ingredients.

Biobased plastics: The Commission will review the technical development and environmental performance of biobased plastic packaging and, if necessary, propose legislation to establish sustainability requirements, objectives and adjust the relevant definitions.

Compost packaging: Part of the packaging should comply with compost standards, which need to be demonstrated in technical documentation, the Commission may adjust the relevant regulations in accordance with technical and regulatory developments, and there are clear requirements for labelling and information on compost packaging.

Minimization of packaging: Manufacturers should reduce packaging weight and volume, ensure that excessive packaging is avoided under functional conditions, have exemptions for specific packaging, explain the design basis in technical documentation, and evaluate reusable packaging taking into account its specific requirements.

Reusable packaging: Packaging that meets specific design and functional requirements, including multiple use purposes, high number of rotations, safety and hygiene, ease of handling and reloading, recyclability, etc., is considered reusable packaging, manufacturers are required to demonstrate compliance in technical documentation, and the Commission will determine the minimum number of rotations.

3. Labeling, marking and information requirements

Packaging labels: packaging should be marked with material composition, recyclability and other information, the use of unified labeling and identification, information should be clear and easy to understand, can be provided through a variety of ways, specific packaging has special labeling requirements, while regulating the location of the label, language and data to avoid misleading consumers.

Labelling of waste containers: Member States shall ensure that waste containers have a uniform label to facilitate the separation and collection of packaging waste, and the label shall correspond to the packaging label, and the Commission shall be responsible for formulating the label and specifications.

Environmental statement: The environmental statement of the packaging should be based on regulatory requirements, clearly stating the content and scope, and the manufacturer needs to prove compliance in the technical documentation.

4. Obligations of economic operators

Manufacturer's obligations: ensure packaging compliance, carry out conformity assessment, provide technical documentation and EU declaration of conformity, ensure traceability of packaging, deal with non-compliant packaging in a timely manner, provide information to the competent authorities, in certain cases part of the obligation may be performed by authorized representatives.

Supplier obligation: To provide the manufacturer with compliance information and documentation on packaging or materials, including relevant technical documentation and documentation required by applicable law.

Importer obligations: Ensure compliance with imported packaging, verify the manufacturer's conformity assessment, labelling and documentation, take action if non-compliance is found, provide their own information and ensure compliance with packaging storage and transport conditions.

Obligations of the distributor: ensure the compliance of the packaging sold, verify the relevant information, take measures if problems are found, do not abuse the product information, provide information to the competent authorities and cooperate with actions.

Fulfilling service provider obligations: ensuring that packaging meets regulatory requirements during handling without compromising its compliance.

Other obligations: Economic operators are regarded as manufacturers in specific cases and bear the corresponding obligations to provide information as required, and packaging waste management operators are required to provide information to the competent authorities and relevant parties.

5. Packaging and packaging waste management

Waste prevention: Member States set per capita packaging waste reduction targets, adopt measures to encourage packaging reuse and refilling, set targets for the proportion of reusable packaging used, and have specific provisions for different types of packaging and enterprises, and the Commission can review the targets and make recommendations for adjustments.

Producer responsibility: Producers bear extended producer responsibility for their packaging placed on the market or dismantled, including registration, provision of information, ensuring financial responsibility, compliance with relevant requirements, etc., and may entrust some of their obligations to producer responsibility organizations, and Member States have corresponding provisions on authorization and supervision.

Return, collection and deposit systems: Member States shall establish packaging waste return and collection systems to ensure the collection and treatment of recyclable packaging, have specific requirements for deposit and return systems, including targets, scope of application, exemption conditions, etc., encourage the establishment of reuse and refills systems, Member States shall take measures to promote the recovery of packaging waste, achieve the recovery target, and have detailed provisions on the calculation and reporting of recycling. At the same time, relevant information should be made available to the public.

6. Other provisions

Compliance and risk treatment procedures: there are clear methods and procedures for assessing the compliance of packaging, involving test, measurement and calculation methods, there is a presumption of compliance for packaging that meets specific standards, and procedures for dealing with risk packaging, including measures at the national and EU level, as well as provisions for the treatment and penalties for non-compliance.

Green public procurement: The Commission sets minimum mandatory green standards for packaging in public procurement to promote the supply and demand for sustainable packaging, based on regulatory requirements, taking into account a variety of factors, and public purchasers may be exempted from the requirements in certain circumstances.

Authorization and Committee procedure: The Committee has the power to pass an authorization bill, under certain conditions, relating to the implementation of multiple provisions, and the authorization period is

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At the same time, it stipulates the procedures and requirements of the Commission in the decision-making process, including consulting experts, notifying Parliament and the Council, etc., the regulation also involves the amendment of other regulations, clarifying the entry into force, application, punishment, assessment, repeal and transition of regulations, and ensuring the effective implementation and convergence of regulations.

Ii. Influence

1. Environmental benefits

Reduce the generation of packaging waste, reduce the consumption of natural resources, through the setting of strict waste prevention targets and recycling requirements, prompting member states to take effective measures, such as optimizing packaging design, improve recycling efficiency, etc., so as to reduce waste pollution to soil, water and air, and protect the ecological environment.

Limit the use of hazardous substances, reduce the risk to human health and the environment, on packaging lead, cadmium, mercury, hexavalent chromium and

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The strict control of such hazardous substances can prevent the release of these substances into the environment during production, use and waste treatment, and protect public health.

Promote the recycling of packaging materials, improve the efficiency of resource utilization, promote the development of circular economy, clear requirements for recycled ingredients and recycling targets will encourage enterprises to use more recycled materials, reduce dependence on original resources, and form a benign model of resource recycling.

2. Economic benefits

Set uniform standards for the packaging industry, promote fair competition in the internal market, reduce trade barriers, uniform sustainability requirements, labelling and information provisions and conformity assessment procedures, etc., to ensure that enterprises compete on a level playing field and avoid market distortions caused by differences in regulations in different member States.

Promote enterprise innovation, develop more environmentally friendly and efficient packaging solutions, regulations on packaging design, recyclability, renewable ingredients and other requirements, will encourage enterprises to increase research and development investment, find new materials and technologies, improve product competitiveness, but also bring development opportunities for related industries, such as recycling industry, environmental technology research and development industry, create more job opportunities, Promote economic growth.

3. Social benefits

Enhance consumer awareness of packaging sustainability, guide consumers to make more environmentally friendly choices, through the information on packaging labels, consumers can better understand the material composition of packaging, recyclability and environmental impact, so that when purchasing products tend to choose environmentally friendly packaging, promote the transformation of society to sustainable consumption patterns.

To protect public health and safety, regulations on the safety and hygiene of packaging materials and the management of packaging waste requirements, to ensure that packaging in the whole life cycle will not pose a threat to human health and safety, especially the strict provisions on food contact packaging and children's products packaging, effectively protect the rights and interests of consumers.