European legislation on packaging and packaging waste

The Directive on packaging and packaging waste was adopted by the European Parliament and Council in 1994. Its goal is to harmonise the differing national measures in the Member States concerning the management of packaging and packaging waste, and to provide a high level of environmental protection.

The Packaging Directive has since undergone a number of revisions. For example, the recovery rates have been increased in order to enhance the recycling of packaging waste in Europe. Additionally, Member States have been given guidance on possible measures for reducing the use of lightweight plastic carrier bags. On the basis of this amendment, Germany imposed a ban on certain types of plastic carrier bags being placed on the market.

One key element of the Packaging Directive is extended producer responsibility. Given that packaging usually has a short lifetime and quickly ends up becoming waste, producers of packaging are responsible for the collection and disposal of packaging waste and also have to bear the costs.

The Packaging Directive is set to be replaced by Regulation (EU) 2025/40 of the European Parliament and of the Council of 19 December 2024 on packaging and packaging waste, amending Regulation (EU) 2019/1020 and Directive (EU) 2019/904 and repealing Directive 94/62/EC. In November 2022, the European Commission presented a draft regulation for negotiation by the European Parliament and the Council. It was adopted by the EU Council of Ministers on 18 December 2024. A large part of its provisions must be implemented from 2030.

Compared with the Packaging Directive, this regulation contains a number of new provisions, which to a large extent will apply directly to economic players. For example, in future packaging has to be recyclable and plastic packaging must contain a specific recycled content. The regulation also prescribes mandatory reusable rates in various areas, for example drinks packaging. And Member States must reduce their generation of packaging waste. Every Member State has to achieve a reduction in packaging waste per capita of 5% by 2030 and 15% by 2040 compared to 2018.