The packaging sector is about to undergo a Europe-wide overhaul. As part of the Green Pact for Europe initiated in 2019, the European Commission presented a draft Packaging Regulation on December 1, 2022, repealing the former Directive 94/62/EC on packaging and packaging waste.
Certain obligations already exist in France, or complement the provisions of the Anti-Waste and Circular Economy (AGEC) and Climate and Resilience laws.
The main obligations of the draft regulations concern :
- The obligation to recycle all disposable packaging by 2030 and 65% by December 31, 2025, based on 5 standardized recyclability criteria and a verification system based on performance classes from A to E.
- The introduction of a mandatory deposit system for the mandatory recycling of plastic bottles and aluminum cans by January 31, 2029.
- Harmonization of signage and consumer information throughout the European Union (sorting, reuse, incorporation of recycled materials, compostability, resources, etc.).
- The introduction of new targets for packaging reduction per country and per inhabitant, and for reuse by sector and packaging format by 2030 and 2040 (e.g. takeaway drinks: 20% by 2030, then 80% by 2040).
- The introduction of eco-design provisions, including the use of contribution modulations, the reduction of empty packaging space and the banning of certain forms of packaging that are clearly unnecessary (fruit and vegetables, miniature shampoo bottles in hotels, etc.).
- Targets for the incorporation of recycled plastic (e.g. for "sensitive" non-contact packaging: 35% recycled content by 2030 and 65% by 2040).
The draft Regulation will have to be voted on by the European institutions. Once adopted, the Regulation will apply directly to national law, without the possibility of being transposed and adapted as for a Directive.
With regard to the obligation to display sorting instructions for packaging waste in France, the new rules are being applied according to schedule. However, on February 15, 2023, the European Commission served formal notice on the French government as part of a pre-litigation infringement procedure for non-compliance of French regulations on marking with the principle of free movement of goods. The French government has 2 months to respond to the complaints. If not, the Commission may issue a reasoned opinion specifying the infringement and granting a deadline for compliance. In any case, if this procedure were to lead to a litigation phase, this would not take place for several years. In the short term, therefore, producers are still required to comply with current regulations.
Léko will continue to keep you informed of all regulatory developments, and to support you in meeting the new European obligations.