Let us know your thoughts on the EU's Packaging and Packaging Waste Regulations proposal

On 30th November 2022, the European Commission released a proposal for new regulations on packaging and packaging waste, which will determine what kind of packaging can be placed on the EU market, as well as set out revised rules governing packaging waste management and prevention. The regulation will apply to all packaging, regardless of material, and to packaging waste, whether such waste is used in or originates from industry, other manufacturing, retail or distribution, offices, services or households. The objective is to minimise environmental impact of packaging circulating in the EU.

These regulations are separate to the UK regulations which came into force earlier this year.

Likewise, there may also be additional regulations already in force within individual EU member states.

The top-line proposals are:

• All packaging shall be recyclable by 2030.

• To be considered ‘recyclable’, packaging will need to comply with design for recycling criteria
  (to be defined through future legislation) and be collected, sorted and recycled at scale.

• Financial contributions to be paid by producers to comply with their extended producer
  responsibility obligations will be eco-modulated based on the performance grade of the
  packaging within the design for recycling criteria.

• Innovative packaging will be exempted from recyclability criteria for a maximum period of 5
  years.

• Recycled content targets for plastic parts in packaging.

• Packaging will need to be designed so that its weight and volume is reduced to the minimum
  necessary while still ensuring its functionality.

• The regulation also establishes ‘reusable packaging’ definition and sets targets for reuse.

• Packaging labelling will be harmonised.

Packaging design is an integral part of luxury products. As the EU reforms how packaging is designed, the distinctive characteristics of luxury packaging must be preserved in the process. The EU’s move towards standardisation of packaging could hamper the luxury sector’s creativity, innovativeness and quality, which would in turn impact how consumers value the products. It is important that the proposal strikes the right balance, enabling luxury packaging design to keep the distinctive characteristics of the brands while contributing to EU’s environmental objectives.

The proposal is currently being debated and amended by the EU Parliament and the Council. Negotiations are progressing fast, with both co-legislators having ambitious timelines for adoption of their respective positions, with some of the key milestones in the process being planned for May.

Due to the ambitious timeline and the impact the proposal has on the luxury goods sector, Walpole has worked with our ECCIA partners to create a position paper to inform the EU institutions. ECCIA has proposed several changes to the draft regulations and is actively engaging with policymakers.