What about Packaging in the EU?

Directive 94/62/EC amended by 2004/12/EC - Packaging
Decision 97/129/EC - Marking
SI 2003 No 1941 - UK

On December 20, 1994 the European Parliament issued Directive 94/62/EC "on packaging and packaging waste," which went into effect on June 30, 1996.

The definition of packaging was intended to be comprehensive. It includes primary packaging for an individual sales unit, secondary packaging for a case of the product, and tertiary packaging for shipping and handling during transport. It includes packaging used at any stage of production or manufacturing: from raw material to finished product. Packaging includes items filled at point of sale, such as plates, cups and bags used in food service. Packaging does not include items that are integral to a product and are intended to be used, consumed and disposed of together, such as a teabag or permanent flower pot.

In addition, lead, cadmium, mercury and hexavalent chromium are prohibited in packaging. Maximum concentration levels of 100 ppm were effective June 30, 2001. Concentration levels are calculated for each packaging component, such as a bottle top (not at the homogeneous material level required by RoHS). Lead crystal glass is exempt from this requirement.

The marking and identification system established by the directive remains voluntary at this time. Each material is assigned a number and a letter abbreviation. Marking should be permanent to facilitate recycling and recovery. It may be placed on the packaging itself or on the label.

What about Packaging Waste?

SI 2005 No 3468 - UK
Green Dot national programs
Green Dot participation costs

Directive 94/62/EC establishes aggressive recovery and recycling targets for packaging waste. By December 31, 2008, 55% by weight of all packaging waste must be recycled, and 60% must either be recycled or incinerated with energy recovery. In addition, material-specific recycling targets must also be met: 60% by weight for glass, 60% for paper and cardboard, 50% for metal, 22.5% for plastics and 15% for wood (such as crates and pallets).

The directive establishes the polluter pays principle with respect to financing the recovery and recycling of packaging waste. The polluter is understood to be the producer of packaging and packaged products, not the consumer.

All EU directives are transposed by each member state into national law. Each nation determines the mechanism for collection of waste packaging and the method of financing its recycling and/or recovery. To date, there is no standardization between member states in financing methods, logistical models, or even the sources of packaging waste that must be collected and treated.

In the UK, each producer is allocated a recovery obligation based upon variables such as the weight of packaging that the producer places on the market in the UK, the type of material used in the packaging, and the class of producer (making raw materials, making packaging, putting products into packaging, seller of packaged products, or importer of packaged products).

The obligation is met by acquiring PRNs (packaging waste recovery notes) issued when packaging waste is received by an accredited reprocessor. These obligations can be met directly or through membership in a registered compliance scheme operated on behalf of its members. Approximately 90% of companies in the UK meet their obligations through membership in a scheme.

The Green Dot (Der Grune Punkt) system is used in Germany and 21 other European countries. Under this system, non-profit organizations in each nation assume the take-back and recovery obligations for producers placing products on the market in that nation. Collectively the national Green Dot systems operate under the umbrella organization PRO EUROPE (Packaging Recovery Organization Europe).

Recovery is financed by licensing the Green Dot trademark to participating producers. The appearance of the Green Dot on a packaged product means that the producer has pre-paid the collection, sorting, recovery or recycling of the packaging.

Producer fees, regardless of country or financing method, vary according to the packaging material that is used. Plastic and composite packaging almost always have the highest fees by weight. Paper, cardboard and glass packaging usually have the lowest fees by weight. Aluminum and steel typically fall somewhere between.

Manufacturers located outside of Europe who wish to place products on the EU market typically work with an importer or distributor. Under the laws of most member states, the importer is defined as person obligated for packaging waste. Typically the importer has standing arrangements for meeting the packaging waste obligations for the products he imports. Your responsibility as an offshore manufacturer is to keep records concerning the composition and quantity by weight of packaging materials placed on the market in any given nation -- and to pay any fees your importer passes along to you.

Back to Tutorial Index

Copyright © 2008 -- All Rights Reserved
RSJ Technical Consulting
PO Box 867705, Plano, Texas 75086