The European Union Proposes Revised Legislation on Packaging and Packaging Waste

On November 30, 2022, the European Union Commission proposed a Regulation on Packaging and Packaging Waste, which would replace 94/62/EC, the Packaging and Packaging Waste Directive. The proposed regulation would, among other things:

• Reduce packaging waste by 15% by 2040 per Member State per capita, compared to 2018
• Impose requirements on companies to offer a certain percentage of their product in reusable or refillable packaging
• Specify standardization for some packaging formats
• Require clear labelling of reusable packaging
• Ban certain forms of packaging, such as single-use packaging for food and beverages when consumed inside restaurants and cafes
• Establish certain design criteria for packaging
• Create mandatory deposit return systems for plastic bottles and aluminum cans
• Impose mandatory rates of recycled content that producers will have to include in new plastic packaging

The Commission has requested comments on the proposed regulation by February 3, 2023. The comments will be summarized by the Commission and presented to the European Parliament and Council to be considered in their review of the proposed Regulation on Packaging and Packaging Waste. A press release on the proposed regulation from the Commission can be found here.