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 Directive 94/62/EC 'The Packaging Directive'.

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1. Latest Information

Information on the recent Article 21 Committee meeting in Brussels is available in a new section below (click here).

The DTI have commissioned a survey looking at the impacts of the Essential Requirements Regulations on a sample of companies across the packaging sector. The report also examines the approaches companies have taken to showing compliance and includes several case studies. This report is now available online in PDF format (click here for document). The report is now available in hard copy from DTI's publications unit: www.dti.gov.uk/publications .  

The European Parliament has now voted (2 July 2003) on their 2^nd Reading of the revised Directive. The vote failed to obtain the 314 votes necessary to pass amendments bringing forward the new deadline and targets for recycling and recovery of packaging waste in the EU. This has confirmed the deadline and targets as those set out in the Common Position as 60% recovery and 55% recycling of packaging waste by 31 December 2008.

The European Parliament and Council will still have to reach agreement on several wider issues (such as the new deadline for derogation states and for accession states). Conciliation is underway with a trialogue scheduled for 26 November 2003.

Once final agreement has been reached, a second phase of revision will commence, focusing on issues such as more specific 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. DEFRA will lead on these issues. 

The Packaging (Essential Requirements) Regulations 2003 were laid before Parliament and came into force on 25th August 2003. The amendment of these Regulations brings into force derogations from the heavy metals limits in the Regulations for certain glass packaging and plastic crates and pallets. This amendment implements Commission Decisions 1999/177/EC and 2001/171/EC. The associated Regulatory Impact Assessments and Transposition Note can be found in the Supporting Documents section below. Copies of the Regulations can be obtained online from Her Majesty's Stationary Office or in hard copy from Bay 425, SD3, DTI, 151 Buckingham Palace Road, London SW1W 9SS.                                      

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2. Next Key Events

EU Conciliation under the Italian Presidency for final agreement of the Revised Directive is underway, due to finish by end 2003.

A Consultation Paper on possible changes to the Producer Responsibility Obligations (Packaging Waste) Regulations 1999 and to the PRN system was published by DEFRA in July 2003. The deadline for responses was 21 October 2003. Defra will be announcing the results of the consultation and the government response shortly. 

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3. Objectives

The EU Packaging and Packaging Waste 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. The Packaging Directive also sets the 'Essential Requirements' of packaging (what should be considered in its design and manufacture) and heavy metal limits for packaging. DTI lead on the EU negotiating of the Directive, Packaging (Essential Requirements) Regulations and on domestic single market issues. DEFRA lead on the wider issues of domestic recycling targets and on Producer Responsibility Obligations (Packaging Waste) Regulations.            

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4. Background

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 original Directive requires revision of recycling and recovery targets after a 5-year period (this will be completed by January/February 2004). Recycling rates will rise with the revision of the Directive to 60% recovery and 55% minimum and 80% maximum recycling of packaging waste. Higher recycling rates will necessarily mean increased UK collection of household waste packaging. This will certainly raise the cost to business.

The Directive is currently being revised and we reached Common Position in October 2002. Its key features were: a 2008 target date, material specific targets, minimum recycling target of 55%, and a recovery target of 60%. European Parliament and its Environment Committee favoured a more stringent revision: a 2006 target date, recycling target of 60% (no maximum) and recovery 65%. The UK strongly supports the Common Position, seeing 2008 as the earliest date by which the necessary collection systems and infrastructure can be put in place without placing a disproportionate financial burden on producers.

The 2^nd Reading in the European Parliament was on 1 July 2003 with a vote on 2 July 2003. The Common Position deadline and targets have been adopted. Some wider amendments, including those concerning deadlines for countries with derogations and for accession countries, have gone to conciliation. Discussions on reaching final agreement on these points are scheduled under the Italian Presidency for September- December 2003, with a formal trialogue on 26 November 2003. The final agreement is likely to be published in the Official Journal in January/February 2004.

After revision of the targets and deadlines is complete, the Commission intends to publish a proposal for a second phase of the review. This will take into account the recommendations of the report by MEP Dorette Corbey on the Implementation of the Packaging and Packaging Waste Directive (2001/2319(INI)).  This review will address wider issues such as more specific 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 Commission has published the terms of reference for a study on the implementation of and future proposals for the Directive. Tenders have been received and the consultancy will be announced in December 2003, with the study beginning in January 2004. DG Environment intends to hold regular stakeholder meetings during the study and to discuss its results. A parallel study on internal market aspects of the Directive will be run by DG Enterprise and Internal Market.

The second phase of the Directive revision could take between 1 and 3 years and will be led by DEFRA.                                               

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5. Timetable

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

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6. UK Government View

The UK strongly supports the structure and scope of the Common Position, reached in October 2002. Given the two-year delay in agreeing new targets and the step change in recycling suggested, the UK strongly holds to the Council’s proposal for 2008 deadline. This position is supported by British businesses, the major compliance schemes and the Government’s independent Advisory Committee on Packaging. Significantly higher recycling targets and a timeframe less than 2008 could cause the UK difficulties. 

The Government supports the setting of more challenging targets (60% recovery and 55% recycling) but these must be realistic and achievable. This is because, in order to meet higher targets, additional infrastructure to collect household packaging waste will have to be put in place. Given the lead times necessary to do this, there needs also to be time for the new infrastructure to come on stream and allow the collection of significantly more quantities of packaging from the Household waste stream – an essential step to meeting higher targets. The shorter the deadline, the higher the costs to industry to achieve the same result. We have had difficulty identifying any significant benefits that would accrue from earlier deadlines.                                                                                                                                                      (Index)                                                                                                                            

7. Implementation in the UK

The Packaging Directive has been transposed into UK law through the Producer Responsibility Obligations (Packaging Waste) Regulations 1997 (as amended) on which DEFRA lead and through the Packaging (Essential Requirements) Regulations 2003, on which DTI lead. The UK and France are the only two Member States to actively enforce the Essential Packaging Requirements in domestic law.

The current UK system for meeting the Directive’s obligations works by requiring companies above both thresholds of a £2 million turnover and of 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 chain from manufacturer to reseller 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 Environment Agency (in England and Wales), SEPA (in Scotland).

Companies usually fulfil their obligation by buying Packaging Waste Recovery Notes (PRNs). PRNs are issued by reprocesses/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 for that year, and the amount companies or compliance schemes have already bought.  PRN prices are at an all time low due to excess supply. Nevertheless, they are expected to rise substantially over the next 5 years.     PERNS are issued for the export of packaging waste to approved reprocessors overseas.

The amendments to the Packaging Waste Regulations as consulted on by Defra from July- October 2003 are likely to make changes to how this system of compliance works.

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8. Consultation

DEFRA has carried out a public consultation on potential changes to the Producer Responsibility Obligations (Packaging Waste) Regulations 1997 (as amended), to the PRN system, and to the annual recycling and recovery targets for British industry. The consultation closed on 21 October 2003 and the government response will shortly be available on the Defra website, detailing the new UK business targets for 2004- 2008 and changes to the compliance system, subject to Parliamentary approval this December. The amendments are likely to come into effect on 1 January 2004.

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9. Article 21 Committee

The Article 21 Committee is a European Technical Adaptation Committee as set out in Article 21 of the Packaging Directive. It is composed of the Commission and national experts from all Member and Accession States and meets semi-annually to discuss issues on harmonisation and implementation of the Packaging Directive.

The latest meeting took place on 30 October 2003 in Brussels. The next meeting is scheduled for April 2004.

Meeting Documents ( in PDF format):

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

10. Supporting Documents

Impacts of the Essential Requirements Regulations- A Brief Survey

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

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

Advisory Committee on Packaging June 2003 report on recommendations designed to improve the operation of the current Packaging Regulations

Regulatory Impact Assessment (RIA) for a derogation for certain glass packaging from the Packaging (Essential Requirements) Regulations 2003. Posted 19th August 2003.

Regulatory Impact Assessment (RIA) for a derogation for certain plastic crates and pallets from the Packaging (Essential Requirements) Regulations 2003. Posted 19th August 2003.

Transposition Note (TN) of Directive 94/62/EC for the Packaging (Essential Requirements) Regulation 2003. Posted 19th August 2003.

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

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11. Relevant Links

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

Defra web-site on Recycling & Waste Management in the UK

Frequently Asked Questions on Packaging & Packaging Waste

European Commission web-site on Waste & the Environment

European Commission web-site on Packaging Waste

European Commission study on EU Member State Waste Management Systems

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

Environment Agency web-site on Producer Responsibility in the UK

EUROPEN paper on Understanding the CEN Standards on Packaging and the Environment 

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12. Contact Details

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