Law aims to help both environment and trade

Date: 18/09/1997

THE Packaging and Packaging Waste Directive of 20 December 1994 covers all packaging placed on the market within the EU and all packaging waste, whether disposed of at industrial or commercial sites or in private households.

Although strictly speaking it was passed under the section of the EU treaties dealing with the single market, it has two objectives: to reduce the impact of packaging waste on the environment and to remove obstacles to trade and distortions of competition.

National governments are required to ensure that systems are set up for the return or collection of used packaging, so that it is effectively reused or recovered.

By July 2001, at least 50&percent; of packaging waste and no more than 65&percent; by weight of packaging waste must be recovered. In addition, a minimum of 25&percent; and maximum of 45&percent; by weight must be recycled, with no less than 15&percent; of any specific material.

By 2000, EU governments are supposed to fix “substantially increased” targets for a second five-year phase.

On account of their special economic circumstances, Greece, Ireland and Portugal were given until the end of 2005 to meet the original targets, but had to recover at least 25&percent; of packaging waste by July 2001.

By the same token, member states with 'appropriate capacities for recycling and recovery' can set themselves higher targets for recovery and recycling, as long as these do not distort the internal market or hinder other countries in their efforts to comply with the directive.

Packaging must also comply with certain “essential requirements”, including the minimisation of packaging weight and volume to the amount needed for safety, hygiene and consumer acceptance, minimisation of hazardous constituents, and suitability for reuse, recycling, energy recovery or composting.

In theory, packaging complying with the terms of the directive is supposed to be guaranteed free access to all EU markets from July 1996, with all other packaging banned from January 1998. In relation to the timing at least, the reality is very different.