EC Packaging and Packaging Waste Directive 94/62/EC

UK legislation on packaging in relation to its composition and the levels to which it should be recycled has its origin in the EC Packaging and Packaging Waste Directive 94/62/EC - 'The Packaging Directive'. The Packaging Directive was the first priority waste stream identified in the Waste Framework to be legislated on at EU level. The Packaging Directive covers all packaging placed on the market within the EU and all packaging waste, whether disposed of at industrial/commercial sites or from private homes.

The Packaging Directive has been transposed into UK domestic law by two sets of Regulations and the UK Government's responsibility for this Directive is split between the Department for the Environment, Food and Rural Affairs (Defra) and the Department of Trade and Industry (DTI) as follows:-

DTI leads on single market aspects of the Directive, EU negotiations and is the responsible Department for the Packaging (Essential Requirements) Regulations 2003 (as amended).

Defra leads on all other aspects of domestic implementation - including the setting of recycling and recovery targets - and is the responsible Department for the Producer Responsibility Obligation (Packaging Waste) Regulations 1997 (as amended).

Further details can be found under 'Implementation in the UK'.

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1. Objectives and Background of the Directive

The Packaging Directive is concerned with the minimisation of waste and the amount of packaging material that should be recycled. It promotes energy recovery, re-use and recycling of packaging. The Directive has both single market and environmental goals. It sets the 'Essential Requirements' of packaging (which should be considered in its design and manufacture) and heavy metal limits for packaging.

The aims of the Directive are to:

• harmonise national measures so as to prevent or reduce the impacts of packaging on the environment of all Member States and Third Countries and to remove obstacles to trade and distortion and restriction of competition; and

• prevent the production of packaging waste, and reduce the amount of waste for final disposal through packaging re-use, recycling and other forms of recovery.

The Packaging and Packaging Waste Directive 94/62/EC was published in the Official Journal on 20 December 1994. The Directive set packaging waste targets, to be met by June 2001, of 50%-65% recovery, 25%-45% recycling, and 15% recycling of specific materials. The Packaging Directive requires a review of the recycling and recovery targets every 5 year period.

The Packaging Directive was revised in 2004 by amending Directive 2004/12/EC. This increased the recycling targets for the Member States to be met, by 2008, to:

• 60% overall recovery of packaging waste; and

• 55% minimum and 80% maximum recycling of packaging waste.

The amending Directive also set material specific targets by weight, as follows:- glass (60%), paper and board (60%), metals (50%), plastics (22.5%), and wood (15%). Higher recycling rates will necessarily mean increased UK collection of household waste packaging. This will certainly raise the cost to business. See DTI's Regulatory Impact Assessment below for a full analysis of the costs and benefits of the Directive.

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2. Implementation in the UK

Packaging (Essential Requirements) Regulations 2003 (as amended) - DTI lead

The Packaging (Essential Requirements) Regulations 2003 (as amended) set out the requirements that all items of packaging must meet before being placed on the UK market. These requirements are transposed from the Packaging Directive and, once met, guarantee that packaging access to the Single Market. The requirements are:

• Packaging volume and weight must be the minimum amount to maintain necessary levels of safety, hygiene and acceptance for the packaged product and for the consumer.

• Packaging must be recoverable in accordance with specific requirements.

• Noxious or hazardous substances in packaging must be minimised in emissions, ash or leachate from incineration or landfill (max 100 ppm)

A series of European Standards have been published in the Official Journal of the European Union and conformity with these will prove compliance of a specific packaging product with the essential requirements - with the result that that packaging should enjoy free movement anywhere within the Community. Full details of the standards are available from BSI.

UK, France and Czech Republic are the only three Member States to actively enforce the Essential Packaging Requirements in domestic law. In the UK these Regulations are enforced by your local Trading Standards Office, who investigate complaints of excessive packaging and offer guidance on specific products and proving compliance.

The Packaging (Essential Requirements) Regulations were amended by SI 2004 No. 1188, to bring in the new criteria in the definition of packaging and indicative list as set out in the amending Packaging Directive 2004/12/EC. Click here for the Government's Guidance Notes on the Packaging (Essential Requirements) Regulations. Hard copies of the latest guidance are available on request from DTI's Publications Unit at: www.dti.gov.uk/publications

Click here for a DTI survey titled "Impacts of the Essential Requirement Regulations" and some companies' examples to meeting requirements of the Regulations.

Producer Responsibility Obligations (Packaging Waste) Regulations 1997 (as amended) - Defra lead

The UK meets the Directive's obligations for specific recycling and recovery targets through the Producer Responsibility Obligations (Packaging Waste) Regulations 1997 (as amended) - referred to as the Packaging Waste Regulations. The current UK compliance system works by requiring companies above the threshold of a £2million turnover, and handling more than 50 tonnes of packaging a year to pay for a certain proportion of the UK obligations to recycle packaging. Different companies in the supply chain from manufacturer to seller pick up a different sized proportion of the obligation. Importers of pre-packaged goods pay for 100% of the obligation. Companies can join a compliance scheme that will sort out their obligation for them or directly register with the enforcement authorities: the Environment Agency (in England and Wales), SEPA (in Scotland) or EHS (in Northern Ireland).

Companies can fulfil their obligation by buying Packaging Waste Recovery Notes (PRNs) or Packaging Waste Export Recovery Notes (PERNs). PRNs are issued by reprocessors/recyclers accredited by the Environment Agency. PRNs have a market value which accords to the amount of demand for the notes that relate to the amount in supply; the UK targets that year; and the amount of PRNs/PERNs companies or compliance schemes have already bought. PERNs are issued for the export of packaging waste to approved reprocessors overseas.

An amendment to the Packaging Waste Regulations came into force on 1 January 2004, setting targets for 2004-2008 which business must meet. For further details on the annual recycling targets for business and how the PRN and PERN system works, contact Defra for policy advice or the relevant enforcement authority to find out if you need to register. See further contact details below.

Click here for Defra's User Guide for these Regulations. A revised version will be published later in 2005 taking account of the 2003 amendment and any changes made after 2005 consultation exercises - see 'consultations' below.

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3. Latest Information

• Defra issued a consultation to propose options to increase obligated tonnage and simplify data provision requirements for smaller obligated companies - see 'consultations' below for the link. A further Defra consultation exercise is expected to be issued in July 2005 on proposed increases to the UK recycling targets for compliance year 2006, 2007 and 2008.

• Revised Government Guidance Notes are now available online for the Packaging (Essential Requirements) Regulations 2003 (as amended). Click here for a copy.

• Results of a new study have revealed that including metals cans - both steel and aluminium - in kerbside collection schemes can offer significant benefits to local authorities. The study examined the economic impacts of including metal packaging (steel and aluminium food and drink cans and foil) in multi-material kerbside collections of household recyclables. Click here for a copy of the report, available online.

• Amending Directive 2005/20/EC was published in the Official Journal on 9 March 2005. This grants derogations to new Member States  taking account of their limited collection and recycling infrastructures, frequently scattered rural populations or geographical difficulties. It postpones the attainment of the 2008 targets to no later than:- December 2012 for Cyprus, Czech Republic, Estonia, Hungary, Lithuania, Slovakia and Slovenia; December 2013 for Malta; December 2014 for Poland; and December 2015 for Latvia. Click here to see the text of the Directive.

• The derogation for glass from the heavy metal limits (set by the Essential Requirements) was due to expire in June 2006. The derogation was extended indefinitely with the agreement of all Member States at the Article 21 meeting on 5 February 2005. An amending Directive will be issued in due course.

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4. Future Revision of the Directive

Since the publication of the revised Packaging Directive in 2004 a second phase of revision has begun. This focuses on issues such as further measures on prevention of waste packaging and re-use of packaging, the introduction of a specific reference to producer responsibility in the Directive, as well as any changes to the essential requirements in Annex II of the Directive.  The second phase of the revision could take between 1 and 3 years.    

The European Commission has commissioned two reports forming the basis of the second phase of revision and these are expected to be published by mid 2005. Stakeholder meetings took place throughout the study on these issues. Click here for further details.  Taking account of these findings, the Commission will present a report to the European Parliament and the Council by the end of 2005 - which may include proposals for the further revision of the Packaging Directive.

By 31 December 2007, targets and a deadline for the next 5 year period (2009 – 2014) must be set. 

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5. Timetable for revision

The following timetable should give an idea of the dates for the next stages in implementing the Directive:

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6. Consultations

DEFRA issued a consultation document on 30 March 2005 to consult on options to increase the amount of packaging obligated under the Regulations.  The main proposals centre around changes relating to leased packaging, internal supply packaging and franchisors (including similar arrangements), as well as a number of technical changes.  It also contains proposals for data simplification provision requirements for smaller obligated companies.  The closing date for response was 22 June 2005.  Click here for the consultation documentation.

A further consultation document will be issued around July 2005 to consult on increases to the UK recycling and recovery targets for packaging waste, for compliance years 2006, 2007 and 2008. 

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7. Parliamentary Scrutiny

Explanatory Memoranda (EM) are submitted to Parliament to explain the context and implications of all new policy proposals. They are typically accompanied by a Regulatory Impact Assessment (RIA) examining the implications for the UK.

The EM submitted in relation to the Packaging Directive by the DTI are reproduced here to provide further background for interested stakeholders and as part of the Governments response to the Better Regulation Task Force report "Environmental Legislation - getting the message across" where the Government has committed to making more information available on the detail and context of Directives.

EM and RIAs produced by the DTI to set out the provisions of the Directive, as submitted to Parliament in 2002, 2003 and 2004:

• EM of 14 January 2002 on the Commission Proposal for an amendment to the Packaging Directive 94/62/EC

• Supplementary EM of 11 February 2002 on the Commission Proposal

• Regulatory Impact Assessment accompanying EM of 11 February 2002

• Regulatory Impact Assessment updated for Common Position agreement at 28 February 2003

• EM of 9 October 2003 after Second Reading of the amendment to the Packaging Directive 94/62/EC

• EM of 16 March 2004 relating to the Commission Proposal for Accession States’ deadlines to meet targets of the amended Directive

• EM of 22 March 2004 on Directive 2004/12/EC of the Council and European Parliament amending Directive 94/62/EC on packaging and packaging waste

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8. Article 21 Committee

The Article 21 Committee is the European Technical Adaptation Committee (TAC) as set out in Article 21 of the Packaging Directive.

It is chaired by the Commission and its members are national experts from all Member States. The committee meets semi-annually to discuss issues on harmonisation and implementation of the Packaging Directive. This committee also now has a remit to adjudicate on whether specific products fall under the definition of packaging as set out in the Directive.

The last meeting took place on 2 February 2005 in Brussels. The next meeting is expected to take place during the latter part of 2005.

Meeting documents (in PDF format)

If you would like to be added to the DTI's Article 21 Committee electronic mailing list, please contact Eco-design and Product Policy (contact details below). Relevant documents, minutes and agendas for forthcoming A21 meetings are distributed directly to this email list as they become available.

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9. Advisory Committee on Packaging (ACP)

The Government set up the ACP to advise DEFRA and the DTI on policy relating to the Packaging Directive.  The ACP is chaired by, and composed of, industry representatives from across the packaging chain.  The enforcement agencies and government officials also take part in meetings.  Reports from the ACP feed into policy options set out in consultations on changes to the Packaging Waste Regulations.

The ACP presently has four sub-committees, focusing on Data Reporting, Essential Requirements, Plastics Protocol and Forward Investment. Their work will be published in a report by the ACP to be sent to the Environment Minister later this year.

Contact Defra for further information.

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10. Government guidance and official documents

DTI publications:

• Impacts of the Essential Requirements Regulations- A Brief Survey

• Government Guidance Notes for the Packaging (Essential Requirements) Regulations

• Regulatory Impact Assessment (RIA) for a derogation for certain glass packaging from the Packaging (Essential Requirements) Regulations 2003

• Regulatory Impact Assessment (RIA) for a derogation for certain plastic crates and pallets from the Packaging (Essential Requirements) Regulations 2003

• Transposition Note (TN) of Directive 94/62/EC for the Packaging (Essential Requirements) Regulation 2003.   

• Government public Consultation Paper of March 2002 on the proposed amending Directive to the Packaging and Packaging Waste Directive

• Responses to the March 2002 Consultation

Defra publications:

• Guidance on the Packaging Waste Regulations

The Stationary Office:

• Text of the Packaging (Essential Requirements) (Amendment) Regulations 2004 

• Text of the Packaging (Essential Requirements) Regulations 2003 (in force from 25th August 2003)

Official EC documents (click text to view):

• Text of Directive 2004/12/EC amending the Packaging Directive

• Text of the EC Directive on Packaging and Packaging Waste 94/62/EC

• Common Position adopted by Council on amending Directive 94/62/EC on 17 October 2002

• European Commission Decision 97/129/EC (28 January 1997) establishing the identification system for packaging materials

• Tripartite statement issued by the Council, European Parliament and the Commission (to pursue a revision of the definition of waste recovery horizontally across EC legislation).

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11. Relevant links and supporting documents

(The DTI is not responsible for the accuracy of the content of these links)

Defra - Packaging Waste website

European Commission - Packaging Waste website

Environment Agency - Packaging Waste webpage

LACORS - Advice on the Packaging Essential Requirements

Europen - Understanding the CEN Standards on Packaging and the Environment

Envirowise - Provides advice to business on making environmental regulations work for them

WRAP - Research into end markets, technology and collection of recyclable packaging materials

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12. Contact Details

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(Site updated 28 June 2005)