Trialogue agreement reached on packaging legislation

06 March 2024

An image showing green apples in plastic tray

On 30 November 2022, the European Commission published its proposal for revising the Packaging and Packaging Waste Directive. With each European generating almost 180 kg of packaging waste per year, the proposals aim to curb waste in Europe.

By Kate Adams, Senior European Policy Advisor

Trialogue agreement reached 

On 4 March, the Council presidency and European Parliament reached a provisional agreement on the Packaging and Packaging Waste Directive. Whilst the agreement text is not yet available, both the Council and the Parliament's press releases indicate what is included in the compromise agreement:

  • The agreement sets packaging reduction targets for the EU. By 2030, packaging must be reduced by 5%. By 2035, this figure will increase to 10%, and by 2040, 15%. In addition, the 2030 and 2040 headline targets for minimum recycled content in plastic packaging as proposed by the Commission are maintained.
  • The compromise also sets re-use and re-fill targets, although wine, milk and 'highly perishable beverages' are exempt.
  • For fresh fruit and vegetables, the agreement would introduce restrictions on 'certain packaging formats'. Whilst the detail of this is unclear, it is anticipated that a ban will be introduced on plastic packaging for unprocessed fruit and vegetables.
What are the next steps?

Now that a trialogue agreement has been reached, the text will be submitted for endorsement to Coreper and the Parliament. If approved, the agreement must be formally approved by both the Council and the Parliament before it is published in the EU's Official Journal. The regulation will be applied from 18 months after the date of entry into force.

What will the impact be on UK farmer and growers?

The Commission's original proposal outlined that self-standing packaging or a packaged product entering the single market from a third county must comply with the Regulation. It is not yet certain whether this requirement is included in the trialogue agreement. 

The current packaging legislation is included in Annex II of the Northern Ireland Protocol. However, the proposal is beyond the requirements of the existing legislation, and further work is required to determine if all of the legislation will be directly applicable in Northern Ireland. 

 

Background 

Published as part of the Commission’s second Circular Economy Action Plan, the proposal aims to achieve this by reducing packaging waste, promoting cost-effective circular economy principles, and increasing the use of recycled materials in packaging.

Among the proposed changes are a move from a Directive to a Regulation, meaning that the law will become binding in all Member States. The proposals also outline the aim to eliminate single use packaging for less than 1.5kg of fresh fruit and vegetables from entry into force of the Regulation. Additionally, non-compostable fruit and vegetable stickers will be banned 2 years after entry into force of the Regulation, and contact-sensitive packaging made from polyethylene terephthalate (PET), widely used in food and drink packaging, must contain 30% recycled content by 2030. Targets will incrementally increase over the next 20 years to become more ambitious.

Re-use and re-filling are other key elements of the proposals, with mandatory re-use targets applied to wine (excluding sparkling wine) and spirits, with targets of 5% from January 2030 and 15% from January 2040 to be sold in reusable packaging. This is alongside other proposals including a ban on avoidable packaging, such as mini-shampoo bottles in hotels.  

More information

For more information and to view the proposals, see here.

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