Categories 

Article 3 of Packaging Directive 94/62/EC differentiates between three categories of packaging:

a) sales packaging or primary packaging, i. e. packaging conceived so as to constitute a sales unit to the final user or consumer at the point of purchase;

(b) grouped packaging or secondary packaging, i. e. packaging conceived so as to constitute at the point of purchase a grouping of a certain number of sales units whether the latter is sold as such to the final user or consumer or whether it serves only as a means to replenish the shelves at the point of sale; it can be removed from the product without affecting its characteristics;

(c) transport packaging or tertiary packaging, i. e. packaging conceived so as to facilitate handling and transport of a number of sales units or grouped packagings in order to prevent physical handling and transport damage. Transport packaging does not appear at the end user consumer or end user.

CEN

The packaging norms that are published by the European Committee for Standardization have been requested by the EU commission and support the requirements from the Packaging Directive 94/62/EC.

Central European Packaging Register

A central register for packaging does not exist. The registrations need to be executed per county, e.g. in Germany with the Stiftung Zentrale Stelle Verpackungsregister (LUCID).

Circular Economy Action Plan

The New Circular Economy Action Plan (CEAP II) was put in motion by the European Comission in March 2022. The CEAP II follows the first CEAP that was initiated in 2015 and which initiatives had been delivered so far.  The CEAP II aims at speeding up the transition towards a circular economy by boosting sustainable products, empowering consumers and focusing on waste avoidance and recycling. 

The Commission action plan defines seven key areas which are essential to achieving a circular economy: plastics; textiles; e-waste; food, water and nutrients; packaging; batteries and vehicles; buildings and construction.

As a consequence, in November 2022, the European Commission proposed new EU-wide rules on packaging. It includes proposals to improve packaging design, such as clear labelling, and aims at promoting reuse and recycling. 

Commission Decision 97/129/EC 

Commission Decision 97/129/EC specifies an alphanumeric system for labeling packaging materials. However, this application of this system is not formulated as an obligation either by the Packaging Directive 94/62/EC or by the Commission Decision 97/129/EC itself. 

However, some EU member states have made it mandatory to label packaging materials using this system. 

For packaging materials that are not listed, the companies concerned can refer to CEN CR 14311:2002.

EU-Comission Decision 97/129/EC 

(see Comission Decision 97/129/EC) 

EPR

Nearly all European states apply principles from the extended producer responsibility (EPR). Please click on the following link in order to get an overview.

Packaging categories

see Categories

Packaging EPR

see EPR

Plastic Tax

The European Union has introduced a “plastic tax” as part of the EU recovery package for the Covid 19 pandemic (NextGeneration EU). In fact, it is not a tax but a contribution from the Member States to the EU, based on the amount of non-recycled plastic packaging waste produced by each member state. According to an underlying principle, countries that recycle less shall pay more.

Since the 1 January 2021 the contribution is calculated by the weight of non-recycled plastic packaging waste with a uniform rate of EUR 0.80 per kilogram. The data is sourced from the regular reporting from the Packaging Directive 94/62/EG and its implementing Decision (EU) 2018/665.

The majority of member states currently pay the contribution from their own budget. Romania, Spain and the UK (even though no longer member state of the EU) have introduced national systems to collect a plastic tax by the actors on the market who put the plastic packaging onto the respective market. Italy is about to implement a plastic tax by the 1st January 2024.

Businesses with reporting obligations have to provide valid data. Spain requires a recycled plastic certificate according to the European standard UNE EN 15343:2008 starting on the 1st January 2024. The UK Environment Agency provides government guidance over the official communication channels.

For more information on Spain:

https://www.envenance-global.com/en-gb/plastiksteuer-in-spanien

Types of packaging 

Article 3 of the Packaging Directive 94/62/EC essentially distinguishes between three types of packaging: 

a) Sales packaging or primary packaging. 

This means packaging that is offered to the end customer or consumer at the point of sale as a sales unit. 

b) Outer packaging or secondary packaging. 

This includes packaging that contains a certain number of sales units that are sold together at the point of sale to the end customer or consumer or are used solely to stock the sales shelves. This packaging can be removed from the goods without affecting their properties. 

c) Transport packaging or tertiary packaging. 

This is packaging that facilitates the handling and transport of several sales units or outer packaging in such a way that direct contact and transport damage are avoided. Transport packaging does not accrue to the end consumer or end user.

UN-Sustainability Goals

With the agenda 2030, adopted in 2015, the international community committed itself to 17 global goals for a sustainable future. The guiding principle of the 2030 Agenda is to enable a dignified life worldwide while at the same time preserving the natural foundations of life in the long term. This includes economic, ecological and social aspects. The 2030 Agenda underscores the joint responsibility of all actors: politics, business, science and society - and of every single person.

Source:

https://sdgs.un.org/goals

The areas of waste management and the corresponding conformity are in particular part of sustainability goal 12 "Responsible consumption and production".

Source:

https://www.un.org/sustainabledevelopment/wp-content/uploads/2019/07/12_Why-It-Matters-2020.pdf

UK Packaging EPR

From the 1st October 2023 new reporting obligations apply for the the first time under the new EPR regime in the UK. From this point in time onwards, the principle of extended producer responsibility for the reporting and financing of all packaging that a “producer” puts onto the UK market applies. 

Producers need to prepare their data according to a range of criteria:

a) origin of the packaging (UK-domestic/ abroad)

b) own-branded or other brands/ no brands

c) destination of the packaging

d) packaging classification (primary, secondary, tertiary packaging

A new packaging classification is the shipment packaging which is not to be confused with transportation packaging. Shipment packaging are packaging items that cover packed goods for dispatch to the end user (e.g. outer cartons applied by Amazon to packed items).