The EU packaging regulation sets strict requirements for packaging

The EU has adopted the Packaging Regulation. After the European Parliament adopted the Commission’s draft on April 24, 2024, the EU member states also approved it on December 16, 2024. The new regulation will come into force after publication in the Official Journal of the EU, which is expected at the beginning of 2025. A transitional period of 18 months will then apply, with longer periods also envisaged in some cases. It will replace the existing Packaging Directive.

EU Packaging Regulation regulates the entire life cycle of packaging

The new EU Packaging Regulation sets out requirements for the entire life cycle of packaging in terms of environmental sustainability and labeling. It also contains requirements for extended producer responsibility and the avoidance of packaging waste. Unnecessary packaging should be reduced and packaging should be reused or refilled. The regulation also contains provisions regarding the collection and treatment of packaging waste, including recycling.

Packaging, especially plastic packaging, should be reduced

The Packaging Ordinance sets ambitious targets. It envisages a reduction in packaging of at least 5% by 2030, 10% by 2035 and 15% by 2040 compared to 2018. EU countries are also obliged to ensure less plastic packaging waste. The European legislator is thus flanking existing regulations such as the Single-Use Plastics Directive. This has already been implemented in Germany with the Single-Use Plastics Fund Act. The registration deadline for manufacturers of single-use plastic products expires on December 31, 2024. With this in mind, the new regulation also sets minimum targets for the recycled content of plastic packaging and minimum targets for the recycling of packaging waste by weight.

Limitation of empty space in packaging

To reduce unnecessary packaging, the amount of empty space in packaging will be limited. The proportion of empty space in outer packaging, transport packaging and packaging for e-commerce may not exceed 50 percent in future. Manufacturers and importers must also ensure lighter packaging with less volume.

HoReCa” area particularly affected

The entire “HoReCa” sector (hotel/restaurant/catering) will also be directly affected by the new packaging regulation. From January 1, 2030, for example, certain single-use plastic packaging will be banned as a matter of principle. This includes packaging for unprocessed fresh fruit and vegetables, packaging for food and drinks that are offered for consumption or served in cafés and restaurants, single portions for spices and sauces, small single-use plastic packaging for toiletries in hotels and very lightweight plastic carrier bags.

Changes in German packaging law

The EU Packaging Ordinance replaces the EU Packaging Directive. This is the basis for the German Packaging Act. The Packaging Act must therefore be adapted to the new regulation. It remains to be seen what measures the legislator will take to achieve this. One possibility would be a packaging law implementation act based on the implementation of the EU Battery Regulation and a gradual replacement of the national packaging law.

Conclusion

The new Packaging Ordinance should bring a certain degree of simplification, especially for companies operating across borders, as the new regulations apply uniformly throughout Europe. At the same time, however, a wealth of new requirements will be added and many practical implementation issues will arise; for example, the regulation is likely to be further specified through delegating acts. This implementation should be considered at an early stage. Affected companies are also recommended to follow the further legislative process in packaging law. Companies should also continue to take the current provisions of the EU Packaging Directive and the German Packaging Act seriously, as these continue to apply. In Germany, for example, the obligations to register, participate in systems, take back, offer reusable packaging and, if applicable, submit a declaration of completeness in accordance with the Packaging Act must be observed. Our practice shows that compliance with packaging law requirements is currently being scrutinized in Germany in particular by the Central Agency Packaging Register, the lower waste authorities and, in particular, by environmental associations.