The new European Packaging and Packaging Waste Regulation, recently approved by the European Parliament and once officially ratified by the EU Council, will be mandatory for Member States. Its entry into force will entail adjustments to Royal Decree 1055/2022 on Packaging and Packaging Waste, and will introduce more restrictive measures in some cases while extending the deadlines in some of them until 2040.
César Aliaga, head of ITENE’s Packaging and Circular Economy Unit, explained the novelties of this new regulation at Hispack. In parallel, the packaging industry is working to adopt these changes and as an example, the Barcelona trade fair counted with the participation of several companies that put on the table their strategies to face these legislative challenges focused on improving sustainability.
The new regulation under scrutiny
- The objectives of this regulation are similar to those of the Royal Decree but with nuances. Therefore, it must be borne in mind that the Spanish legislation of two years ago will be subject to what the regulation says.
- The purpose of the regulation is to reduce the impact of packaging on the environment and the most important chapters are the definitions, free circulation and five axes, which are the same as in the Royal Decree: prevention, reuse, recyclability, compostability and recycled content.
Free movement
The new regulation states that Member States shall not prohibit, restrict or hinder the placing on the market of packaging that complies with the requirements of this regulation. In this situation, what happens if a state restricts something that the regulation does not prohibit? A priori it is not possible, because it would be against the regulation. However, to make it more difficult, for example, to impose a tax and to impose a charge, would no longer be a prohibition as such. So in this grey scale we can see legal movements.
Reduction
Given this scenario, there will be many legal aspects that will have to be reviewed. For example, abatement. With regard to reduction in 2030, each unit of packaging will have to be reduced to the minimum. That is to say, to the minimum necessary for it to fulfil its function and this will have to be demonstrated, justifying that the minimum necessary amount of packaging is really being used.
Packaging with double walls, false bottoms or unnecessary layers will not be placed on the market. Empty space will also be reduced to the minimum necessary, which particularly affects sales packaging, grouped packaging and transport packaging.
PFAS (per- and polyfluoroalkyl substances) are also mentioned, a topic that is at the forefront. Specifically, the restriction for food packaging is 25 ppm for specific PFASs, excluding polymeric ones, 50 ppm for specific ones, both non-polymeric and polymeric, and the sum of all of them, 250. But we will have to see what the final result is, because there is legislation that is banning it 100% in any packaging application by 2026 and here the new regulation is less restrictive than other documents.
It also says that Member States will have to reduce packaging generated per capita, by those percentages. Therefore, each Member State will probably legislate in order to reach its targets.
Reuse
The container should be designed to be reused or refilled multiple times, with as many trips or rotations as possible. It should also be capable of being emptied or discharged, as well as being able to be reconditioned. The regulation has set specific targets for alcoholic and non-alcoholic beverages, for tertiary packaging and for grouping crates, and cartons are excluded.
Inter-site transport packaging must be reusable. This refers to industrial packaging between production plants or also for transporting products between several players in the same country.
Recyclability
In this respect, the case of Spain is simpler: by 2030, everything will have to be recyclable.
The highlight is that by 2030 everything will have to be recyclable by design and by 2035 recyclable on a large scale. And what is recyclable by design? Basically it is that the design of the packaging and its components ensure its recyclability with collection, sorting and recycling processes tested in an operational environment. In order to assess whether a packaging is recyclable by design or not, guidelines will be published in 2028. In 2038, anything below 80% will not be allowed on the market. There are some exceptions as not all packaging will have to be recyclable: primary packaging and outer packaging of quality-preserving medicines, baby food, dangerous goods and also excluded for the time being are light wood, cork, fabric, rubber, ceramics, porcelain and wax. Minority packaging will also be excluded.
A final important point is innovative packaging, which will be exempted for 5 years. In other words, if a company manufactures a packaging with a new material and proves that it is an innovative packaging and that it has a different functionality, it will be exempt from being recyclable for 5 years.
Recycling
The minimum post-consumer recycled content shall be as follows:
- PET contact-sensitive packaging: 30% minimum in 2030 and 50% minimum in 2040.
- Non-PET contact packaging: 10% in 2030 and 25% in 2040.
- Single-use plastic beverage bottles: 30% in 2030 and 65% in 2040.
- Different plastic packaging: 35% in 2030 and 65% in 2040
There are also exemptions: primary packaging and outer packaging of medicines, compostable plastic, dangerous goods, dangerous goods packaging, baby food and raw materials.
Compostability
There is an obligation in three years’ time to make tea bags, discarded filter coffee capsules, labels attached to fruit and vegetables and very light plastic bags compostable. The Member State has the possibility to extend this list.
Companies explain their experience
Moderated by ITENE’s Director of Technology Transfer and Market, Carlos Monerris, the round table “Progress towards the publication of the European Packaging and Packaging Waste Regulation. Strategies for 2025-2030-2035-2040” was attended by Alberto Lozano, Senior Procurement Manager – Packaging Containers at Suntory Global Spirits, Alejandra Navarro, Sustainability Packaging Manager at Reckitt, and Jesús López, Branding and Packaging Manager at Lidl.
What is the biggest challenge posed by the Regulation for your companies?
Alejandra Navarro: The biggest challenge will be at the point of recyclability. Above all, because the concept and technology are changing depending on the region, but we are on the right track.
Alberto Lozano: We are focusing on increasing the recycling rate, increasing the recyclability of our packaging and promoting sustainability. The most important function that this regulation should have is towards the consumer rather than towards the companies. The three companies are aware of this, but we need to explain to the consumer how the waste should be treated and, above all, we need the support of the institutions so that recycling can be carried out.
Jesús López: Our challenge is recyclability. Here we need solutions for certain materials, for certain packaging, solutions that do not cross a red line, which is the quality and useful life of the product. This is where our commitment to reducing food waste is firm.
What strategies have you defined to meet the requirements set?
Jesús López: Lidl, as part of the Schwarz Group, is a retailer committed to sustainability. As early as 2018, we joined the Ellen MacArthur Foundation and signed up to the New Plastics Economy. There, we set ourselves targets that are in many cases more ambitious than the European Regulation or the Spanish Royal Decree, and we include these targets in our Reset Plastic strategy. For example, in terms of plastic reduction, in 2025 we are going to achieve 30% less plastic than in 2017. As part of our commitment to reduce food waste, we package what is strictly necessary in plastic. We are already at more than 40% of our assortment in bulk or with alternative materials.
Alejandra Navarro: At Rekit we have three objectives. By 2025 we have set ourselves the target of having an average of 25% PCR (recycled plastic) in all our containers and packaging, and by 2030 to ensure that all our packaging is 100% recyclable or reusable. And the third and most important goal for me because it covers a large part of our work is to reduce our virgin plastic footprint by 50% by 20230. It’s not exactly a packaging goal, but it goes hand in hand with a global company goal, which is that by 2030 we want 50% of our net revenue to come from more sustainable products.
Alberto Lozano: At Suntory Global Spirits we have set out to reduce our carbon footprint by 50% by 2030 and also to make all our packaging 100% recyclable, according to the new regulation, and to have 40% recycled by that year and 60% recycled by 2040. We have been developing this for some time, but we need help. We need our suppliers, we need our consumers and, as I said before, institutional support is essential.
What level of recyclability have you achieved in your packaging and what actions are you considering to reach the percentage that will be set by the regulation?
Jesús López: We are currently at 44% recyclability. We are moving from multilayer films or packaging composed of several materials to single-material packaging solutions. In terms of recyclability, from 2019 we are reviewing the entire range to increase this recyclability rate. For example, one milestone we have achieved is to eliminate all black plastic from our packaging to facilitate the recycling of this plastic.
Alejandra Navarro: We are currently a little over 70%, which is a good percentage, but we are still a long way from 100%. The main actions we have open are mainly focused on flexible packaging because in this field we see opportunities for innovation. We are also focusing on single-dose packs, because they are flexible packs and because of their size.
Alberto Lozano: We have carried out a study that shows 88% recyclability. We have to continue working on other aspects, but we are getting closer to the goal of achieving 100% recyclability by 2030, which we are convinced we will achieve. For Spanish brands such as Dyc and Larios, we recently approved a part in the lab to achieve full recyclability and we are starting to implement it in our bottling lines. We hope to be able to say before the end of the year that our DYC whisky and Larios gin have 100% recyclable packaging. This is a great step forward because this was a bi-material piece, two polymers, which in the separation of materials was discarded. Not because of the size, but because of the mixture of polymers. This will mean that, with the same size, we can recover a single polymer and we are 100% recyclable.
What are the unresolved issues?
Alberto Lozano: I think that at company and supply chain level we need to communicate better and unify criteria. And, above all, I ask global institutions for more support. In addition, we must carry out an awareness plan because consumers do not know 100% of the materials or how they behave, as well as where they have to be thrown away so that they can be recycled.
Alejandra López: many of the things we need to do we cannot do alone, we need support and we need resources.
Jesús López: that research into recyclability is encouraged, that there is also aid, incentives for companies, especially small and medium-sized companies to change machinery, to change production lines and adapt to new materials and new packaging. We have a clearer roadmap and now we all have to work together: industry, retail and the whole supply chain, including the administration. We have to work to achieve these objectives and the new ones to come.
Cristina Benavides, Hispack contributor
