TAIEX INFRA 40962 – Eskisehir 4 March 2010

Workshop on Packaging Waste Management:

Legislation and ImplementationDirective 94/62/EC and the EU legislative framwork

Regional Government of Valencia Department of Environment, Water, Town Planning and Housing

Environmental Quality Area - D.G. Climate Change

Reasons for a Packaging Directive

European Union is a single market, which implies:• Unified legislative framework through EU Directives for all Member

States (including the objective of a globalized management of Packaging)

• Establishment of common targets• Free movement of goods and of their packaging• Mutual recognition of packaging (materials, uses, reuse or recycling,

etc…)

Packaging waste issues• large flows of waste from packaging• different materials in waste packaging• recycling processes need identification of packaging materials• implementation of the same principles used for other waste

(Prevention, Re-use, Recycling, Energy recovery, Incineration without energy recovery, Disposal)

Policy instruments• Environmental levies on landfilling

and incineration of waste (economic instrument).

• Landfill and incineration prohibitions (legal instrument).

• Methodical approach to the waste problem trough drafting waste management plans (legal instrument).

• Take-back obligations, based on the principle of producer responsibility and polluter pays principle (legal instrument).

Waste management plans

Member States are required to draw up waste management plans (Dir. 75/442/EEC – Art. 7) in order to achieve:preference for recovery over disposal, disposal or recovery without endangering human health or the environment, an integrated network of disposal installations

Hazardous waste (Dir. 91/689/EEC): either separate plans or part of a general waste management plan Packaging waste (Dir. 94/62/EC Article 14):National waste management plans are required to include a specific chapter on the management of packaging and packaging waste.

History

The Community first introduced measures on the management of packaging waste in the early 1980s.  (Directive 85/339/EEC covered the packaging of liquid beverage containers); however, since it was too vague, diverging national legislations appeared in several Member States.

Only some EU Member States introduced measures on packaging and packaging waste management.  Serious internal market problems arose when cheap secondary materials from countries with recycling schemes appeared.

For this reason, economic operators and Member States prompted the Commission to introduce comprehensive legislation on packaging.  In 1992, the Commission outlined a Proposal for a Council Directive on Packaging and Packaging Waste.Following a prolonged discussion in the European Parliament and the Council of Ministers, Directive 94/62/CE was adopted

EU legislative framework

Packaging and Packaging Waste Directive 94/62/EC

Packaging legislation is driven by the Packaging & Packaging

Waste Directive (94/62/EC) 

The 'Packaging Directive' is concerned with minimising the

creation of packaging waste material and promotes re-use,

recycling and energy recovery. 

Art. 1 Objectives of the Directive :• harmonising national measures concerning the management of

packaging and packaging waste• providing a high level of environmental protection• ensuring the operating of the internal market; avoiding

obstacles to trade as well as distortions and restrictions of

competition within the Community

Scope (Article 2)

All packaging placed on the market of the Community and all packaging waste, whether it is used or released at industrial, commercial, office, shop, service, household or any other level, regardless of the material used.

Packaging waste involved are the one used or released by: plants, commercial businesses, offices, shops, services, households and any other activity, regardless of the material used.

Directive 2004/12/CE (amending Directive 94/62/CE) establishes criteria which clarify the definition of the term 'packaging'. Clear examples are given in Annex I that replacing Annex I to Directive 94/62/CE.

Definitions Article 3 (extract):

'packaging`: all products made of any materials to be used for the containment, protection, handling, delivery and presentation of goods. Packaging is divided in:

a) primary packaging: packaging conceived so as to constitute a sales unit to the final user or consumer at the point of purchase

b) secondary packaging: packaging conceived so as to constitute at the point of purchase a grouping of a certain number of sales units

c) tertiary packaging: packaging conceived so as to facilitate handling and transport of a number of sales units or grouped packagings

Definitions Article 3 (extract):

2. 'packaging waste`: any packaging or packaging material covered by the definition of waste in Directive 75/442/EEC, excluding production residues.4. 'prevention`: reduction of the quantity and of the harmfulness for the environment.5. 'reuse`: any operation by which packaging is refilled or used for the same purpose for which it was conceived.7. 'recycling`: reprocessing in a production process of the waste materials for the original purpose or for other purposes including organic recycling but excluding energy recovery.11. 'economic operators`: suppliers of packaging materials, packaging producers and converters, fillers and users, importers, traders and distributors, authorities and statutory organizations

Prevention

• Essential requirements (Art. 9)All packaging put on the market must comply with the essential

requirements set out in the Directive 94/62/CE and:(a) with the relevant harmonized standards published in the Official

Journal of the European Communities (b) with the relevant national standards (in the areas covered by

such standards, no harmonized standards exist)

• Essential requirements (ANNEX II )1.Requirements specific to the manufacturing and composition of

packaging2.Requirements specific to the reusable nature of packaging3.Requirements specific to the recoverable nature of packaging

Harmonized standards

The Commission shall promote the preparation of European standards relating to the essential requirements referred to Annex II; in particular relating to:

• criteria and methodologies for life-cycle analysis of packaging,• methods for measuring and verifying the presence of heavy metals

and other dangerous substances and their release,• criteria for a minimum content of recycled material in packaging for

appropriate types of packaging,• criteria for recycling methods,• criteria for composting methods and produced compost,• criteria for the marking of packaging.

• Harmonized standards were adopted by CEN in 2004 and published in the Official Journal in 2005.• Compliance with the standards gives an automatic presumption of conformity with the essential requirements.

Prevention

• Heavy metal limits for packaging (Art. 11)600, 250 and 100 ppm by weight for the sum of Pb, Cd, Hg and CrVI

• Derogations to the level of 100ppm have been issued:

- Commission Decision 1999/177/EC for plastic crates and plastic pellets.

- Commission Decision 2001/171 for packaging made of recycled glass (extended by Decision 2006/340/EC).

National measures of Prevention (Art. 4)

Member States shall ensure that, in addition to the measures to prevent the formation of packaging waste taken in accordance with Article 9 (essential requirements), other preventive measures are implemented.

Such other measures may consist of national programs or similar actions adopted.

They shall comply with the objectives of this Directive.

Reuse (Article 5)

“Member States may encourage reuse systems of packaging, which can be reused in an environmentally sound manner.”

2001 Targets (Article 6)Member States must introduce systems for the return and/or collection of used packaging to achieve the following targets:

• recovery: 50% to 60%; • recycling: 25% to 45%, with a minimum of 15% by weight

for each packaging material.

Directive 2004/12/EC amending Directive 94/62/EC

• Definitions and criteria for packaging

• National program for producer responsibility

• Recommendation of LCA and cost benefit

• Ref. to decision 97/129/EC for marking

• New recycling targets amendments of the Directive

• Recycling: 55-80%• Glass 60%• Paper/board 60%• Metals 50%• Plastics 22.5%• Wood 15%

• Recovery or incineration at waste incineration plants with energy recovery: min. 60%

Directive 2004/12/EC - 2008 Targets (Article 6)

Return, collection and recovery systems (Article 7)

Member States must ensure that systems are set up for the

return and / or collection of used packaging so that this is

effectively reused, recovered or recycled.

These systems shall be :

• open to participation of economic operators

• open to participation of the competent authorities

• applied to imported products under non-discriminatory conditions,

• able to avoid barriers to trade or distortions of competition

Marking and identification system (Article 8)

The Council shall decide on the marking of packaging;

To facilitate collection, reuse and recovery (including recycling), packaging shall indicate the nature of the packaging material(s) used for identification and classification by the industry concerned.

The Commission, on the basis of Annex I and in accordance with the procedure established in Article 21, emanates the Decision 97/129/EC, which establishes the identification system for packaging materials, the numbering and abbreviations on which the identification system is based, indicating the nature of the packaging material(s) used and specifying which materials are subject to the identification system.

Information systems (Article 12)

• Member States shall establish databases on packaging and

packaging waste to enable monitoring of the implementation of the

objectives of the Directive.

• Information on:

– magnitude, characteristics and evolution of

packaging and packaging waste flows,

– toxicity or danger of packaging materials.• Commission Decision 2005/270/EC established the formats

to be included in the database on packaging and packaging waste

• The formats are meant to harmonise the characteristics and presentation of data on packaging and packaging waste, making them consistent among different Member States.

• The data will be used to monitor achievements of the targets of Directive 94/62/EC.

• Data provision is only compulsory for the following packaging materials: glass, plastics, paper, board, wood and metals.

Information systems (Article 12) – example for 2007

Reporting requirements (Articles 12 and 17)

• Packaging data shall be made available by means of national reports and shall be updated in subsequent reports. Member States must also promote information campaigns aimed at the general public and at economic operators. • According to Directive 91/692/EC and Decision 97/662/EC, reports on

the implementation of the Directive shall be issued within the 9 months following a three year period.

• At the end of 2006, the Commission presented a report on the implementation of the Packaging Directive and on the options for increasing the prevention and reuse of packaging.

Commission Report of 19 July 2006 to the Council and the European Parliament

• Quantity of packaging waste generated increased from 65.5 million tonnes in 2000 to 66.6 million tonnes in 2002.

• In 2002 all Member States had reached their target of recovering at least 50% of packaging waste.

• The results show that Directive 94/62/EC has succeeded • All Member States have set up return, collection and recovery

systems for packaging waste. Most have adopted measures aimed at encouraging the use of recycled material

• Considerable improvements in terms of recycling, recovery and incineration of packaging and packaging waste between 1997 and 2002 .

• Recovery and recycling have had positive environmental effects, (reduction in greenhouse gas emissions, resource savings etc..).

• Recycling packaging does not cost much more than disposal.• Packaging prevention is both complex and difficult to implement

effectively.

LCA in European Directives

• Packaging: packaging and packaging waste directive (94/62/EC) and (2004/12/EC);

• IPPC: integrated pollution prevention and control (96/61/EC);

• ELV: end-of-life vehicles (2000/53/CE);

• RoHS: restriction of hazardous substances directive (2002/95/CE);

• WEEE: waste electrical and electronic equipment directive (2002/96/EC) and (2003/108/EC);

• EuP: energy-using products directive (2005/32/CE).

What is LCA?

A 'Life Cycle Assessment‘ ('cradle-to-grave analysis'): investigation and evaluation of the environmental impacts of a given product or service.

Ecodesignis an approach to the design of a product with special consideration for its environmental impacts during the whole lifecycle. In a life cycle assessment the life cycle of a product is usually divided into procurement, manufacture, use and disposal. Ecodesign is very useful for the application of LCA methodology to packaging management.

Current take back obligations End of Life Vehicles (ELV) Packaging waste Waste Electrical and Electronic

Equipment (WEEE) Paper waste (namely, all kind of

newspapers, magazines, etc...);

Tyres; Expired drugs; Accumulators and batteries; Waste oils; Photochemical products; Waste oils and fats from animal

and vegetable origin.

Current waste management plans Bio- organic waste Municipal solid waste Separated industrial waste collection

in small enterprises (sme) Construction and demolition waste Sludge Wood waste High caloric waste Dredging spoils (draft)

Other examples of EU policies

EEA Specific Assessment

The minimum target of 25 % recycling of all packaging materials was achieved by all EU-27 members in 2006.

Furthermore, 15 of the 27 Member States had already complied with the overall minimum recycling target for 2008 by 2007.

The total EU-15 recycling rate increased from 45 % in 1997 to 60 % in 2007.

The EU-12 recycling rate increased from 34% in 2005 to 47% in 2007.

As with consumption of packaging per capita, the total recycling rate in the Member States in 2007 varied greatly, from 26 % in Cyprus to 80 % in Belgium.

To achieve the targets, several Member States have introduced producer responsibility and established packaging recycling schemes or introduced economic instruments (e.g. taxes, deposit systems). Other countries have improved their existing collection and recycling system.

http://www.eea.europa.eu/

Thank you for your attention

Regional Government of ValenciaD.G. for Climate Change

Environmental Quality Area

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