On Monday 18 December, there is a strong possibility that the Member States’ environment ministers will reach an EU Council agreement on the proposed regulation on packaging and packaging waste (see EUROPE 13074/7).
The twenty-seven ambassadors to the EU (Coreper), invited to react to the amended compromise submitted to them by the Spanish Presidency, did not all subscribe to it on Friday 15 December, but a blocking minority should be avoided with a few minor adjustments made over the weekend, which will be submitted to them before the ministerial discussion. In particular, these changes are designed to provide greater accommodation for small islands.
The compromise examined on Friday is based, in part only, on a non-paper circulated by Italy and Finland to introduce greater flexibility and derogations into the regulation, which will impose binding targets to encourage the reduction, recycling and re-use of packaging to prevent waste (see EUROPE 13314/6).
Some of the 10 countries that supported Italy and Finland were able to agree to this compromise, according to a source close to the matter on Friday. A qualified majority agreement would enable the Council to define its mandate for negotiating with the European Parliament (see EUROPE 13298/2).
Less reuse. With regard to Article 26, the text significantly lowers the re-use targets and provides for a derogation for wines and cartons. All transport packaging, including grouping boxes, would be exempt.
Fewer restrictions on the use of certain packaging formats. With regard to Article 22 on restrictions on the use of certain packaging formats and the related Annex V (which lists these packaging formats), it would indeed cover single-use plastics for fresh fruit and vegetables, but would exclude organic fruit and vegetables, if it can be demonstrated that the packaging is necessary to avoid spoiling the fruit and vegetables.
Small, single-use packaging for food and drink consumed in the HORECA sector would be restricted, but non-plastic packaging (packets and wrappers) for food for immediate consumption would be excluded.
Single-use mini-packs of cosmetic and hygiene products (shampoo, shower gel, body lotion) for individual use in the accommodation sector would also be exempt.
More flexible deposit requirements. For Article 44 on deposit and return systems for plastic bottles and metal drinks packaging, the Commission’s proposal states that from January 2029, the separate collection target would be 90% per year and per weight for each Member State, with an exemption if separate collection reaches 90%. Under the amended compromise, Member States would be exempt if separate collection reached 78% (the Spanish Presidency’s first compromise provided for 85%). (Original version in French by Aminata Niang)