In November 2022, the European Commission published a proposal on new EU rules on packaging and packaging waste, i.e., Proposal for a Regulation on packaging and packaging waste. The proposal revises the current Packaging and Packaging Waste Directive.
In revising existing EU rules, the European Commission has three main objectives: preventing and reducing packaging waste, including by restricting unnecessary packaging and promoting reusable and refillable packaging solutions; ramping up high quality recycling by making all packaging on the EU market recyclable by 2030; and reducing reliance on virgin materials by creating a well-functioning market for secondary raw materials and by increasing the use of recycled plastics in packaging through mandatory targets.
The European Commission’s proposal thus consists in the following key measures:
- Introducing mandatory rates of recycled content for new plastic packaging.
- Introducing design criteria for all packaging.
- Introducing EU-wide standards for over-packaging, maximum allowed empty space in e-commerce packaging, and bans on certain forms of unnecessary packaging, such as single-use packaging for food and beverages when consumed inside restaurants and cafes, single-use packaging for fruits and vegetables, miniature shampoo bottles and other miniature packaging in hotels.
- Introducing mandatory reuse or refill targets for food and beverage packaging and certain types of transport packaging.
- Establishing mandatory compostability for some packaging types, such as tea bags, coffee pods and pads, very lightweight plastic carrier bags, and sticky labels attached to fruit and vegetables.
- Setting up mandatory deposit return systems for plastic bottles and aluminium cans.
- Establishing labelling, marking, and information requirements so as to inform consumers about the material composition of packaging, sorting, recycled content, and re-use.
These requirements would apply to EU and non-EU imported products alike, this means that Israeli producers would also be required to comply with the new EU rules when placing their products on the market.
For further information on the new requirements, please click here to access the European Commission’s proposal for a Regulation on Packaging and Packaging Waste (and its Annexes). Please click on the following links to access: the European Commission’s press release; a Factsheet; and a Questions and Answers page.
In terms of next steps, the European Commission’s Proposal has now been sent to the EU’s co-legislators, i.e., the European Parliament and the Council of the EU, for consideration. The European Parliament and the Council will define their position on the European Commission’s text and (possibly) propose amendments to it. Once both the European Parliament and the Council have defined their position, interinstitutional negotiations between the EU institutions will begin, with the aim of reaching an agreement on a compromise text. Please be aware that, as a result of this process, the text that will actually becoming legislation and binding on third parties may be amended, and hence some requirements may change.
The European Commission has launched a public consultation on the new packaging and packaging waste rules in order to gather stakeholders’ feedback on the proposed changes. Please click here to access the public consultation and submit your feedback. The public consultation will run until February 8, 2023.
Lastly, please note that, together with the new rules on packaging and packaging waste, the European Commission also published a Communication on a EU Policy Framework on biobased, biodegradable, and compostable plastics. The aim of the Communication is to provide better understanding of the benefits and challenges linked to the use of biobased, biodegradable and compostable plastics. The Communication is also intended to provide orientation for the market and “avoid any unsustainable developments” by providing guidance on the criteria and suitable use and application of these products. For further information, please click here to access the Communication and here to access a Questions and Answers page.
Please do not hesitate to contact our office at EU@israeltrade.gov.il if you have any questions or require further information.