Major Changes In the Field Of Packaging
The European Commission has proposed a new and voluminous packaging and packaging waste regulation, which establishes several new requirements also on entrepreneurs. For example, according to the proposal, from 1 January 2030 all packaging must be recyclable and more reusable packaging must be used. The Chamber informed the Ministry of the Environment that the Commission’s proposal is a step in the right direction, but there is a lot of unclarity for the entrepreneurs and all new requirements might not be executable in reality.
The main aim of the planned amendments is to precent generation of packaging waste, increased recycling of packaging waste and decrease the need for primary natural resources as well as to create a well-functioning market of recycled raw materials. According to the Commission’s proposal, each member state must decrease the generation of packaging waste by 2030 as compared to the year 2018 by 5 percent, 10 percent by 20235 and 15 percent by 2040.
All packaging must be recyclable
According to the proposal of the European Commission, all packaging must be recyclable by the year 2030. The Chamber informed the Ministry of the Environment that the aim is right, but very ambitious. Several entrepreneurs let us know that the suggested timeframe is too short and it is not possible to complete all the preparations during that time. Recycling materials requires technologies, but at the moment the necessary technologies do not exist or are not yet industrially used.
Therefore we made a proposal to the Ministry of the Environment that during the negotiations with the Commission, Estonia would be of the position to postpone entry into force of this requirement or as an alternative, establish the requirement that by 2030 all packaging does not have to be recyclable, only a certain part of it would have to be.
Plastic packaging must contain recycled material
Additionally, the Commission’s proposal includes a requirement regarding how much recycled materials must the plastic packaging contain. For example, in the case of plastic beverage packaging (PET), the recycled material content must be at least 30 percent by 2030 and 65 percent by 2040. In case of packaging for contact-sensitive products, e.g. packaging in contact with food, where PET is the main material, the content of recycled material must be 30 percent and in case of packaging made of other plastic materials 10 percent by 2030. By the year 2040, the number for all contact-sensitive plastic packaging must be 50 percent.
In its letter sent to the Ministry of the Environment, the Chamber informed that we support the approach according to which the content of recycled material must be increased in plastic packaging. At the same time we drew attention to the act that these aims are not achievable within the timeframe set out in the proposal.
First, it is unclear if and how it can be measured how much recycled material is in a plastic packaging. As far as is known to us, there is no such measuring capacity available at the moment. Additionally, as far as is known to us, there is no industrial standard for recycled materials. As a result, it is unclear how should it be proved how much recycled materials are there in plastic packaging and how supervision should be ensured. We are also concerned that this requirement would enter into force also for food packaging. There are strict food safety requirements in place for food packaging and if a packaging contains recycled materials, product safety might not be ensured.
Due to the reasons above, we proposed to the Ministry of the Environment to hold the position that the aim of increasing recycled material content would in reality be achievable by the year 2030. For that purpose, the new requirement should be applicable for less plastic packaging, the set aims should be decreased or a longer period should be established for achieving the aims.
New aims for reusable packaging
The proposal of the European Commission contains also target values for entrepreneurs for reuse and refilling. For example, the final marketer who operates in the HORECA sector must sell the takeaway food meant for immediate consumption in a reuse system packaging or refillable packaging to the extent of 10 percent by 1 January 2030 and to the extent of 40 percent by 1 January 2040.
The Chamber in principle supports this amendment. However, we find that it is very important that it would be clearly understandable for which ready-made food this will become applicable. At the moment it is not sufficiently clear. For example, it is unclear if this requirement is applicable for industrially made ready-made food that is bioactive and easily spoiled, e.g. yoghurt. In our opinion, this requirement should not be imposed on such products. Furthermore, it is unclear if this requirement will be applicable only for the HORECA sector or should retail companies that sell ready-made meals, but do not offer the opportunity to eat at their premises, comply with this requirement. Questions arise also with regard to the condition contained in the proposal that the requirement is applicable if the ready-made food is normally consumed from a container. Does that mean that the majority of baked goods will not be affected by it, because pastries or cakes are normally not consumed from a container?
Date of entry into force of the regulation is not yet known
At the moment it is not known if, when and to what extent will the Commission’s proposal enter into force. At the moment, negotiations are ongoing in the European Union and its contents may change. According to the proposal, the new regulation will enter into force on the 20th day after its publishing the Official Journal and the regulation shall be applicable after 12 months from the entry into force of the regulation. The regulation will be binding for Estonia in its entirety and directly applicable in all member states.
The European Commission’s proposal on packaging and packaging waste is available here.