EC directive 94/62/EC on Packaging and Packaging waste, or the ‘pacaging directive’ as it is commonly known was one of a number of product-specific waste directives that emerged from the European union’s Fifth Environmental Action Plan where certain waste types were designated ‘priority waste streams’ and required specific actions. The packaging directive aimed to introduce harmonised mesures for Member States to reduce the environmental impacts of packaging and packaging waste.
The primary objective of the directive was to reduce the overall quantity of packaging waste the ends life in landfill sites and to reduce the amount of waste procuced at source. The focal point of the directive was Article 6 which set out mandatory recovery and recycling targets for the Member States of;
- 50-60% recovery of packaging waste,
- 25-45% recycling of packaging waste
- and the recycling of 15% of ‘specific’ materials by June 2001.
The packaging directive was revised in 2004 in directive 2004/12/EC an amended version of directive 94/62/EC. This increased the recycling targets to be met by the Member States by 2008 to;
- 60% recovery of all packaging waste,
- 55-80% recycling of all packaging waste including;
- 50% of metal,
- 60% of all glass and paper,
- 22.5% of plastic
- 15% of wood.
The United Kingdom
United Kingdom legislation on packaging in relation to its composition and the levels to which it should recycled has its origins in the EC Packaging and Packaging Waste Directive 94/62/EC, ‘the packaging diractive.’ The packaging directive has been transposed into UK domestic law by two sets of regulations and the government’s responsibility for this directive is split between the Department for the Environment, Food and Rural Affairs (Defra) and the Department of Trade and industry (DTI) as follows:
- the DTI is responsible for the Single Market aspects of the directive, European Union negotiations and the Department for the Packaging Regulations.
- Defra leads on all other aspects of domestic implementation including the setting of recycling and recovery targets and the Department for the Producer Responsibility Obligation.
In accordance with the packaging directive the ‘Packaging (essential requirments) Regulations’ set out the requirements that all items of packaging must meet before being placed on the UK market. These requirements are taken directly from the packaging and packaging directive and, once met guarentee the items access to the Single Market. These essential requirements stipulate that the packaging volume and weight must be the very minimum amount to cover the necessary levels of safety and hygene acceptable to the coustomer. Also, the packaging must be recyclable and have minimal noxious or hazardous emmissions during incineration.
Up to now the UK, France and the Czech Republic, Germany and Luxembourg are the only European member states to have actively encorporated the packaging directive into domestic law. In the UK these regulations are enforced by local Trading Standards offices who not only investigate excessive uses of packaging also offer advice to companies on hoe to comply with the directive.
The UK encourages complying with the the directives obligations for specific recovery and recycling through the Producer Responsibility Obligations (the packaging waste regulations.) The current UK complience system works by demanding that companies with a threshold of a £2 million turnover, and handling more than 50 tonnes of packaging a year contribute a certain proportion of the UK’s obligatory recycling. Businesses below this threshold do not have obligatory contributions. Different proportions of obligation are expected at different levels of the supply chain from manufacturer to seller. Companies in the UK who import pre-packaged goods are expected to pay 100% of the obligation.
Further implementation of the packaging directive is achieved through the Environment Agency (England and Wales), SEPA (Scotland) or EHS (Northern Ireland.) These agencies offer assistance to companies in order to reach the set targets and adhere to regulations. There are currently 17 Agency registered complience schemes in the UK which operate in a competative market and which, between them have attracted 85% of producers. Should the companies choose to work individually they are required to provide evidence that they have complied with the regulations from an accredited reprocessor or exporter.
Despite the attempts to implement the directive, in 2002 the Court ruled that France, Italy and the UK had failed to include a specific chapter relating to packaging waste in all of their waste management plans as required by Article 14 of the Directive.
Portugal
Portugal has yet to begin to implement the Packaging waste directive as Greece, Ireland and Portugal, because of the large number of small islands, the presence of rural and mountain areas and the low level of packaging consumption respectively, will not be bound by the targets until 2011. Despite this there have been ongoing efforts to lower the amount of packaging waste produced.
In Portugal, a number of awareness raising initiatives for various target groups were
launched. The focus on re-use as a guiding principle in Ministerial Order 29-B/98 is also contributing to packaging prevention. As a further example, some supermarkets have taken steps to promote reusable carrier bags. In 1997 the Portuguese government adopted a decree (number 366-A/97) that requested that fillers, importers and distributers of packaging must either set up a deposit and take-back system (for reusable packaging) or develop an integrated recovery system (for non-reusable packaging). Without fulfilling such requirements companies are not allowed to operate in the Portuguese market. Portugal set reuse targets for 1997-99 for soft drinks, beer, natural mineral water, spring water or other bottled water and table wine (ministerial order 29-B/98 of 15 January 1998). All distributors selling certain beverages in non-reusable packaging must also sell the same category of products in reusable packaging. Certain categories of beverages sold in hotels, restaurants and similar establishments must be sold in reusable packaging, unless specific systems are set up to provide for the selective collection and recycling of non-reusable packaging.
The Portuguese integrated system for the management of packaging waste is called SIGREM. Its managing entity is called SPV (Sociedade Ponto Verde). Companies can comply with their waste management obligations through paying a license fee to SPV. The incorporation and start-up of activity of Sociedade Ponto Verde1 (SPV – ‘Green Point Consortium’) in late 1998 helped transform the environment industry in Portugal, as well as expanding it, particularly as regards selective collection and recycling. SPV is the result of legislation that places on packagers, importers and distributors the final responsibility for the packaging they place on the market.
These groups have set up SPV and transferred their responsibility to the "company", and it is SPV, which runs SIGRE, the Sistema de Gestão de Resíduos de Embalagem (System for Management of Packaging Waste) nation-wide.
This system grants members the right to insert the "green dot" symbol on their packaging. The symbol, together with a certificate issued by SPV, confirms that the company has transferred their recovery obligations to an officially recognised organisation.
Plastival (Valorização de Resíduos Plásticos) is in charge for recovery and recycling of plastics. Its role is to promote valorisation of all plastic packaging waste collected (for both the industrial and the urban sectors) and to ensure delivery to reclaimers.
Plastivals primary functions are to:
- Make use of packaging waste within the context of SIGRE.
- to ensure the taking back of materials collected and sorted.
- Waste transport to accredited recyclers in accordance with internal rules by which Plastival ensures efficient waste recycling.
- To monitor the final destination of waste.
- To provide the companies with technical assistance in
- collection systems
- sorting systems
- compliance with technical specifications.
- To encourage research and development and promote innovation for more and better recycling and encourage the search for new applications of recycled material.
- To develop communication and awareness projects for better use of recycled materials.
The success of the Portuguese Integrated System of Packaging Waste Management (SIGRE), since 1997, depended on a growing and sustained participation of consumers through the correct separation and disposal of recyclable waste.
In the 2004 revision of the Packaging and Packaging Waste Directive 94/62/EC, the European Parliament and the Council called upon the Commission to prepare a report on the implementation of the directive and on options to strengthen prevention and reuse of packaging waste. In order to prepare this report, the Commission services launched a study on the implementation of Directive 94/62/EC on Packaging and Packaging Waste and options to strengthen prevention and re-use of packaging.
It noted that both nations have adopted systems of collection, whereby official agencies are responsible for the recovery of recyclable materials and companies pay fees in order for outside agencies to handle their packaging waste and ensure that they meet their obligations. Despite their similarities there is one large difference in the implementarion of the packaging directive in the UK and Portugal in that the directive is not yet imposed as law in Portugal due to the extemded time limits given to Portugal, Greece and Ireland. Once this time has lapsed and the directive is imposed in Portugal, there may be a huge leap forward in the attainment of EU targets in Portugal. No later than 31 December 2007, the European Parliament and the Council, acting on a proposal from the Commission, will fix targets for 2009--2014 showing long term commitments to reducing waste and increasing recycling.
Reference list
Bailey, I.G. (1999) ‘Flexibility, Harmonization and the Single Market in EU Environmental Policy,’ Journal of Common Market Studies, 37 (4), pp. 549-71.
Blacksell, Mark and Allan Williams, eds. 1994. The European Challenge: Geography and Development in the European Community. New York: Oxford.
COLLINS K, EARNSHAW D (1993). The implementation and enforcement of European Community Environment legislation A green dimension for the European Community Political Issues and Processes
http://dti.gov.uk/sustainability/packaging.htm Accessed 22/11/2005
http://europa.eu.int/scadplus/leg/en/lvb/l21207.htm Accessed 05/12/05
Intraplas Plastic Forums http://www.intraplas.pt/en/empresa/ambiente.asp Accessed 05/12/05
http://petcore.org/euro_naleg_02.html#portugal Accessed 05/12/05
http://www.dti.gov.uk/sustainability/packaging.htm Accessed 22/11/2005
http://europa.eu.int/scadplus/leg/en/lvb/l21207.htm Accessed 05/12/05
http://www.petcore.org/euro_naleg_02.html#portugal Accessed 05/12/05
http://europa.eu.int/scadplus/leg/en/lvb/l21207.htm
