The European Union has recently adopted stricter regulations on packaging materials.
In addition to requiring the establishment of recycling systems and encouraging increased reuse of packaging materials,
the EU also aims to completely ban the use of heavy metals in packaging materials by 2010.
With new regulations soon to be enacted, businesses cannot afford to ignore them.
In 1994, the EU issued the Packaging and Packaging Waste Directive (Directive of Packaging and Packaging Waste, 94/62/EC, abbreviated as PPWD). The directive covers all types of packaging materials placed on the EU market for industrial, commercial, service, or household use. It requires member states to establish a collecting system and encourages producers to enhance the reuse, recycling, and recovery of packaging materials. The objective of the directive is to harmonize packaging management approaches across EU member states and to reduce the environmental impact caused by packaging waste. In February 2004, under EU Directive 2004/12/EC, stricter standards were established for managing packaging materials and packaging waste, including the goal of completely banning the use of heavy metals in packaging materials by 2010. Additionally, related standards for packaging materials were expected to be issued by the end of 2004.
1. Introduction to the Packaging Directive
The Packaging and Packaging Waste Directive requires member states to take three actions:
(1) Reduce the amount of packaging waste and hazardous substances to lessen environmental impact;
(2) Establish quantitative targets for the recycling and recovery of packaging waste;
(3) Collect relevant data to monitor the effects of the PPWD.
Article 9 of the directive is the core of the entire legislation. It stipulates that all packaging placed on the EU market must comply with the “Essential Requirements” listed in Annex II. These include:
• Prevention by minimization — under the conditions of meeting safety and hygiene needs related to the product and consumers, the volume and weight of packaging materials must be minimized;
• Minimization of hazardous substances — hazardous substances contained in packaging must be minimized to prevent environmental pollution during disposal or incineration;
• Reuse, recycling, and recovery — packaging should be designed to be reusable, recyclable, or recoverable to reduce consumption of environmental resources.
Under Article 10 of the directive, to assist member states and companies placing packaging on the market in verifying compliance with the Essential Requirements, CEN is required to develop harmonized standards. If packaging complies with these standards, it may be presumed to meet the Essential Requirements. In September 2000, CEN published six draft standards (EN 13427 to EN 13432). However, due to disagreements among some member states regarding the contents, only EN 13428 and EN 13432 were adopted and published by the EU. To address member-state concerns, CEN conducted a second revision of the standards in 2002, but as of 2004, the EU was still reviewing them and had not yet approved the revisions (related information is shown in Table 1).
Packaging materials that comply with EN 13428 may be assumed to meet the Essential Requirement of “prevention by minimization.” This standard also provides guidance on the handling of hazardous substances and heavy metals in packaging. In essence, this standard emphasizes that producers should minimize the volume and weight of packaging materials during manufacturing without compromising safety and hygiene requirements for product transport, nor customer acceptance. Meeting the “prevention by minimization” requirement does not mean reducing packaging safety or functionality; rather, it aims to rationalize the use of packaging materials while maintaining essential packaging functions. Compliance with EN 13432 indicates that the packaging meets biodegradability requirements.
In general, these CEN standards offer practical guidance to help producers establish management systems that comply with the Essential Requirements of the directive. CEN states that the purpose of using these standards is to achieve continuous environmental improvement without jeopardizing packaging performance. Once completed, these standards can help users identify appropriate assessment procedures, use checklists to ensure implementation, summarize results, and maintain relevant documentation.
II. Restrictions on Heavy Metals Article 11 of the Directive stipulates that the total concentration of heavy metals (lead, cadmium, mercury, and hexavalent chromium) in packaging materials should be reduced from 400 ppm in 1998 to 100 ppm in 2001. However, exclusions exist, such as for lead content in quartz glass and plastic pallets or trays made from recycled materials. Directive 2004/12/EC aimed to further reduce heavy metal content, with the goal of completely banning these heavy metals by 2010 if possible. In the EU, when packaging materials are marketed, special attention must be paid to the compliance requirements for heavy metals in each member state. In France, for example, the law is stricter than the directive, requiring companies to provide specific technical documentation, including a description of the packaging materials, their composition, and test results proving that the heavy metal concentrations meet the limits. Furthermore, a written declaration is required, demonstrating that the packaging materials meet the necessary requirements, and technical information including specific parameters for the design and production of the packaging materials.
III. Recycling and Regeneration of Packaging Waste According to Article 6 of the Directive, Member States were required to meet recycling and regeneration targets for packaging waste by June 30, 2001, including a recycling rate of 50-65% (by weight); a regeneration rate of 25-45%; and a recycling rate of at least 15% by weight for each material in each package. Directive 2004/12/EC required Member States to achieve new targets by December 31, 2008, including a minimum recycling rate of 60% and a regeneration rate of 55-80%; minimum recycling rates for each material were 60% for glass, paper, and cardboard; 50% for metal; 15% for wood; and 22.5% for plastics (only for recycled plastics). However, this does not apply to packaging used in every product, but rather requires Member States to take effective action to achieve these targets. For example, Germany's "Green Dot" program encourages businesses to join this mechanism to manage these packaging materials.
IV. Packaging Material Conformity Assessment Procedures and Labelling Identification System According to Article 8 of the Directive, the EU should develop a method for a labelling system and conformity assessment procedures for packaging materials. The draft stipulated that manufacturers of packaging materials should maintain specific technical information available to competent authorities for verification. This information should include product descriptions, design concepts and manufacturing drawings, applicable standards, and calculations or test results demonstrating compliance with necessary requirements. Following its publication on December 18, 1996, this proposal remained under discussion due to its broad scope and insufficient practical implementation capacity, and a timetable for its adoption was not yet determined. However, the EU adopted the proposal of 97/129/EC, establishing a packaging material identification system. This system includes abbreviations, codes, and material classification markings for packaging materials. While currently this system is voluntary, the EU hopes to make it mandatory in the future.
V. Compliance with Packaging Materials Directive: Expected Circulation in the European Market The amendments to 94/62/EC, made on February 11, 2004, in 2004/12/EC, primarily included the following changes: increasing the targets for recycling and regeneration; setting minimum recycling targets for various packaging materials; refining the definition of packaging; and committing to reducing the content of hazardous substances and, where possible, completely banning them by 2010. Member States were required to transpose these amendments into national law by August 18, 2005. The Packaging Materials Directive is not intended to prove through testing that packaging materials or packaging meet necessary requirements. Instead, it primarily aims to encourage Member States to implement management systems to ensure that the necessary requirements for packaging materials are met. If a company's packaging complies with the packaging materials standard, it means that the packaging meets three necessary requirements and can be circulated in the European market. However, regarding declarations of conformity for heavy metals, individual national regulations still apply. (Reprinted from online resources)
