The EU Council reached, on Monday 18 December, a political agreement (‘general approach’) on the proposal for a regulation on packaging and packaging waste, which aims to tackle the constant growth of this waste by imposing binding targets for the reduction of packaging, prevention of its production, re-use, high-quality recycling and the creation of an internal market for secondary raw materials (see EUROPE 13074/7).
In addition to the derogations prepared over the weekend and submitted to the ministers by the Spanish Presidency to relax re-use requirements (see EUROPE 13315/8), additional flexibilities were introduced during the session, overcoming the reluctance of Finland and Malta but not that of Italy, which voted against.
Article 26 on re-use and refilling, Article 22 and the related annex V on restrictions on the use of certain packaging formats, and Article 8 on compostable packaging are at the heart of the flexibility agreed by the ministers on this regulation, which will replace directive 94/62/EC.
The EU Council’s position was adopted by the broadest possible qualified majority, as desired by the outgoing Spanish Presidency, whose hard work, like that of the Swedish and Czech Presidencies previously, has been commended. It paves the way for negotiations with the European Parliament (see EUROPE 13298/2).
“190kg of packaging waste was generated by each European in 2021. And this figure will grow by nearly 20% in 2030, if things stay the same. The general approach gives a strong message that the EU is committed to reducing and preventing packaging waste from all sources. This regulation is crucial in our path to a circular economy and a climate-neutral Europe”, commented Spain’s Minister for Ecological Transition, Teresa Ribera, after the last ‘Environment’ Council she chaired.
The EU Council maintains the general targets for the reduction of packaging waste of 5% by 2030, 10% by 2035 and 15% by 2040 compared with the quantities of 2018.
A revision clause. These targets will be reviewed by the Commission 8 years after the entry into force of the regulation to set the 2040 targets.
The EU Council has introduced the possibility for Member States to define packaging waste prevention measures that go beyond these minimum targets.
Re-use and recharge (Article 26). The text sets new re-use and re-fill targets for 2030 and 2040. Different targets will apply to large household appliances, take-away packages for food and beverages, alcoholic and non-alcoholic beverages (excluding wine), transport packaging - with the exception of packaging used for dangerous goods or large equipment and flexible packaging in direct contact with food - and grouped packaging.
Cardboard packaging is also exempt from these requirements.
A new possibility has been introduced for economic operators to group together (by forming ‘pools’) to meet the re-use targets on beverages - which Italy has criticised as a “potential source of discrimination, contrary to free competition”.
There is an exemption for small islands with fewer than 2,000 inhabitants - a concession for which Malta believes the method of calculation should be clarified and discussed further.
In addition, a reference has been added (in paragraph 17) to the life cycle assessment of packaging. Finland welcomed this, although it wanted to see more exemptions for single-use packaging.
With regard to compostable packaging, an additional year has been granted for the implementation of Article 8 (starting in 2025).
Restrictions on certain packaging formats (Article 22). Small single-use plastic packaging for food and drink consumed in the HORECA sector would be subject to restrictions, with the exception of non-plastic packaging for food for immediate consumption. Single-use packaging for small cosmetic and hygiene products (shampoo, shower gel, body lotion) for individual use in the accommodation sector would also be exempt.
Deposit and return systems (Article 44). Member States will have to ensure the separate collection of at least 90% per year of single-use plastic bottles and metal drinks cans and set up deposit systems. The minimum requirements for deposit systems will not apply to systems already in place before the regulation comes into force, if they achieve the 90% target by 2029.
The EU Council wants Member States with a selective collection rate of over 78% in 2026 to be exempt.
It also extended the deadline for implementing the regulation to 18 months after its entry into force.
The European Commissioner for the Environment, Virginijus Sinkevičius, confirmed the Commission’s position. He said he hopes that this project can be completed before the European elections in June 2024. (Original version in French by Aminata Niang)