Reuse recycle and reduce: EU proposes comprehensive new laws to reduce packaging waste

On 24 October 2023, the MEPs on the EU’s Environment Committee (ENVI) took a stand on a draft regulation that would set standards for the whole life cycle of packaging from raw material to final disposal. The objective of the regulation is to make packaging easier to reuse and recycle, to minimise excess packaging, and to promote the use of recycled content.  

Background of the draft proposal  

People and civil society organisations throughout the EU are demanding significant action on waste prevention, packaging waste management, and packaging circularity through the increased use of recycled materials, as stated at the Conference on the Future of Europe. 

A circular packaging economy will reduce the EU economy's strategic dependence on a number of materials, help achieve carbon neutrality by 2050, and help decouple economic progress from the use of natural resources. It can also have a positive impact on employment, particularly in the social sector, by creating more ‘green quality jobs, provided the necessary investment in skills is made and takes into account the unique characteristics of the Member States, regions, and types of work. 

The 2018 amendment to Directive 94/62/EC included three review provisions which will be implemented by this project but did not solve all of the implementation issues. 

This project will update the EU's legal framework on packaging and packaging waste, providing enterprises and Member States with the necessary support to achieve waste reduction targets. This support comes in the form of a uniform legislative framework that will be applicable in all EU Member States, encouraging high-quality recycling, decreasing waste, and encouraging investment. 

The proposed rule will support the EU's growth strategy for a modern, resource-efficient, clean, and competitive economy with zero net greenhouse gas emissions by 2050 and decoupled economic growth from resource use as a key component of the European Green Deal and the new EU Ccircular Economy Action Plan. 

Specific actions suggested by ENVI 

• Ban the sale of extremely thin plastic carrier bags (less than 15 microns), except where necessary for hygienic or as the main container for loose food in an effort to reduce food waste. 

• Set specific waste reduction targets for plastic packaging 

• Targets and sustainability standards for bio-based plastics should be proposed by the Commission by the end of 2025. 

• To differentiate and clarify the specifications for refillable or reusable packaging. Reusable packaging must meet certain requirements, such as having a minimum number of reusable uses (to be determined later). In the hotel, restaurant and catering (HORECA) sector, final distributors of beverages and take-away meals should allow customers to bring their own containers. 

• Ban the use of Bisphenol A and other intentionally added per- and polyfluorinated alkyl substances (PFASs), also known as “forever chemicals”, in food contact packaging. These materials have been linked to a number of adverse health effects and are frequently used to make packaging waterproof or fireproof, especially food packaging made of paper and cardboard. 

The Commission will be tasked with adopting criteria to define packaging as "designed for recycling" and "recyclable at scale." Other proposed measures include ensuring that 90% of the materials found in packaging—including plastic, wood, ferrous metals, aluminium, glass, paper, and cardboard—are collected separately by EU member states by 2029. Online service providers will also be subject to the same extended producer responsibility obligations as producers.