PURPOSE: to prevent and reduce the impact of packaging and packaging waste on the environment in order to facilitate Europe’s transition to a circular economy.
LEGISLATIVE ACT: Directive (EU) 2018/852 of the European Parliament and of the Council amending Directive 94/62/EC on packaging and packaging waste.
CONTENT: this Directive amending Directive 94/62/EC on packaging and packaging waste is part of a package of measures on the circular economy which includes a package of measures on waste, consisting of four legislative proposals laying down new rules on waste management and setting legally binding targets for recycling.
The revised Directive on packaging and packaging waste shall include measures aimed at the prevention of packaging waste as a first priority and, as other fundamental principles, the increase in the reuse of packaging, recycling and other forms of recovery of packaging waste and thus the reduction of the final disposal of this waste in order to contribute to the transition towards a circular economy.
Extended producer responsibility schemes: since it is generally the producer, and not the consumer, who chooses the quantity and type of packaging used, the Directive establishes extended producer responsibility schemes. The extended producer responsibility rules of Directive 2008/98/EC on waste shall therefore apply to extended producer responsibility schemes in the packaging sector. Mandatory extended producer responsibility schemes shall be in place for all packaging by 2024.
Reuse: in line with the waste hierarchy laid down in Directive 2008/98/EC, Member States shall take measures to encourage the increase in the share of reusable packaging placed on the market and of systems to reuse packaging in an environmentally sound manner and without compromising food hygiene or the safety of consumers. Such measures may include, inter alia:
Where single-use packaging is essential to ensure food hygiene and consumer health and safety, Member States shall take measures to ensure that such packaging is recycled.
New recycling targets for packaging waste: the revised Directive provides for increased targets for the preparation for re-use and recycling of packaging waste.
By 31 December 2025, at least 65% (by weight) of all packaging waste generated shall be recycled. This share should increase to 70% by 31 December 2030 at the latest.
The following minimum targets by weight for recycling will be met regarding the following specific materials contained in packaging waste:
A Member State may extend the deadlines for achieving the targets by up to 5 years. To benefit from this derogation, it should present an implementation plan evaluated by the Commission.
The calculation of recycling targets shall be based on the weight of packaging waste which enters recycling. Member States shall, under strict conditions and by way of derogation from the general rule, be allowed to establish the weight of packaging waste recycled on the basis of measuring the output of any sorting operation.
Return, collection and recovery systems: in order to meet the objectives laid down in this Directive, Member States shall take the necessary measures to ensure that systems are set up to provide for:
Those systems shall be open to the participation of the economic operators of the sectors concerned and to the participation of the competent public authorities. They shall also apply to imported products under non-discriminatory conditions, including the detailed arrangements and any tariffs imposed for access to the systems, and shall be designed so as to avoid barriers to trade or distortions of competition.
By 31 December 2024 at the latest, the Commission shall examine the data on reusable packaging provided by Member States in order to examine whether it is possible to set quantitative targets for the re-use of packaging, including calculation rules, and to adopt other measures to promote the re-use of packaging.
ENTRY INTO FORCE: 4.7.2018.
TRANSPOSITION: no later than 5.7.2020.