Member News

Legislation Updates

INCPEN Members (not including Trade Association Group colleagues) have access to view the full legislation library.  Please contact Alison Skuse for access.

Ireland - DRS scheduled to start from 1-Feb-24, producer and retailer registration starts now - 30 November 2022

• confirmed a launch date for DRS had been set for 1-Feb-24;
• stipulated the deposit amounts at EUR 0.15 for containers 500ml or less and EUR 0.25 for containers over 500ml; and
• called on all producers and retailers to register with Re-turn via its website (before 1-Jul-23), after which membership agreements are to be signed.

• pay fees to Re-turn per unit POM according to material type [Note: Producer fees will be published by end-2022];
• affix the Re-turn logo** to their packaging. From 1-Feb-24, any beverage containers not featuring the logo will be barred from sale.

Italy - CONAI clarifies use of digital channels for sorting and material identification labels - 18 November 2022

• digital channels can be used for both: Packaging destined for
  • commercial and industrial sites - in this case the information must contain the material identification code of Decision 129/97/CE and be transmitted along the whole supply chain.
  • final consumers (i.e. households) - in this case, the information must contain the material identification code as well as sorting rules for packaging waste.
• digital channels 'can represent a substitute for the physical/material [labelling on packaging]. For instance, it is possible to: 
  • completely substitute the physical/material labelling with the digital one. In this case, the complete information would be available only through the chosen digital channels, and not physically on the packaging.
  • choose to communicate only some of the mandatory information through digital channels. For instance, for packaging destined for the final consumer, it is possible to affix the material identification code directly on the packaging and to use digital channels for conveying the sorting instructions, or vice versa.
  • affix all the mandatory information directly on the packaging and use digital channels for conveying further and voluntary information about the environmental characteristics of the packaging.'
• in spite of the bullet point above, physical labels are necessary 'to create a link between physical/material and digital information'. If the end user of the package 'does not know about [the available digital information], the goal is not considered reached.'
• the form of the physical/material link to the digital information is not prescribed: A company may use an 'App, QR code, EAN code and website', or - for commercial and industrial packaging only - specific software used to exchange information between suppliers and clients.

• the use digital tools to fulfil the information obligation is permitted and
• both packaging producers and packers/fillers of all types of packaging 'having knowledge of the actual composition of their packaging (both finished and semi-finished) are subject to the new labelling requirement'.

Croatia - Mandatory collective compliance proposed for hazardous packaging - 17 November 2022

• removing the exemption for small producers of single-use, non-hazardous or DRS subject packaging form the financing obligation. Instead, the Draft allows criteria for exemptions from the ‘registration obligation’ to be determined jointly by the EPEEF and the approved PRO (none* is approved) with prior consent from the Ministry of Environment.  [Eko-Ozra, the holder of the Green Dot licence in Croatia, was never approved as PRO]
• requiring producers of packaging that is hazardous waste to meet their recycling targets through a PRO, that is to be established within one year of the amendment entering into force.  Currently these producers are held individually responsible for managing their waste packaging and meet the recycling targets. Individual compliance would no longer be an option.

• producers of these SUP products register with the EPEEF and pay waste management fees monthly to the EPEEF (fees TBD by the EPEEF and set by Decision);
• ‘local self-government units’ (municipalities) conduct SUP litter clean-up activities themselves, while the EPEEF financially compensates them with monies received from obligated producers.

Malta - Draft proposes to shift collection responsibility to 6 regional councils - 17 November 2022

• apply to all packaging (except for transport packaging and 'reusable gas cylinders') which are added into the regulations. For these packaging types, producers will retain operational and financial responsibility, including for administrative penalties on the shortfall in collection (‘recycling’) targets.
• replace the current system under which two authorised PROs - GreenPak Co-op and Green MT
  • must make arrangements on collection with each of the 68 local councils, and
  • are held responsible for meeting the packaging recycling targets or pay fines on any shortfall.

EU - Key provisions of the leaked proposal for a Packaging regulation - 31 October 2022

• By 2030, all packaging - sales, grouping and transport (incl. e-commerce) - must be “scaled down” to the minimum size, weight, volume and number of layers necessary to ensure product safety and functionality (Art. 9.1) and packaging with double walls, false bottoms and other means "to give the impression of an increased product volume" will be banned (Art. 9.2);
• The maximum allowed empty space ratio will be
  • 15% for sales packaging of cosmetics, electronics and toys (Art. 9.2);
  • 25% for sales packaging of bulk products that settle after filling and of multiple individually-packed items (Art. 9.2);
  • 40% for e-commerce packaging (Art. 22).
• Technical documentation (Annex V) must be provided to show compliance with the packaging minimisation requirements. This includes an assessment against the performance criteria listed in Annex IV Part A, which allow for size or weight increases in case of i.a. recycled content, improved recyclability or re-use.

• Single-use plastic grouped packaging (such as collation films, shrink wrap) that enables end-users to purchase more than one product;
• Single-use plastic/composite/other packaging (such as nets, bags, trays) for fresh fruit and vegetables except if required to prevent water loss, microbiological hazards or physical shocks, etc.;
• EPS in retail food packaging, excluding fish boxes;
• Single-use plastic/composite/other packaging filled and consumed within the premises in the HORECA sector;
• Single-use plastic/composite/other packaging used for condiments, preserves, sauces, milk, sugar, and seasoning for eating-in or takeaway in the HORECA sector;
• Single-use hotel miniature packaging (shampoo, cosmetics, etc.);

• “Large household appliances listed in Annex II point 2”* of the WEEE Directive:  90% by 2030; *however, the WEEE Directive’s Annex II point 2 lists “Small household appliances”
• Take-away cold and hot beverages filled at the point of sale: 30% by 2030 and 95% by 2040;
• Take-away ready-prepared food: 20% by 2030 and 75% by 2040;
• Alcoholic beverages, excluding wine and spirits: 20% by 2030 and 75% by 2040;
• Non-alcoholic beverages: 20% by 2030 and 75% by 2040;
• Transport packaging and grouped packaging: Targets vary from 10% to 90% (see Art. 27.4).

• member states “shall endeavour to establish [a DRS] in particular for single-use glass beverage bottles, beverage cartons and for reusable packaging”.
• a DRS must meet the minimum criteria listed in Annex XI.

• Contact-sensitive* plastic packaging: 25% and 50%;
• Single-use plastic beverage bottles: 50% and 65%;
• Other plastic packaging: 45 % and 65%;

• temporarily change the PCR targets if justified by (un)availability or excessive prices of specific recycled plastics,
• set minimum PCR content targets for packaging materials other than plastic.

• by 2030 - it meets design-for-recycling criteria set in Commission-delegated act(s) by Jan-27 on the basis of Annex II Part B which
  • lists parameters for setting design-for-recycling criteria by packaging material or element (caps, labels, additives, inks...);
  • the outline of system assigning “performance grades from A to E” to a package;
• by 2035 - it is “recycled at scale” as assessed on the basis of the criteria in Annex II Part C by Commission-delegated act(s) by Jan-31;

• from Jan-30: If it “presents any of the features” on “negative list of packaging characteristics” (Annex II, Part D) or is assessed with performance grade E unless otherwise specified in delegated acts adopted before Jan-27;
• from Jan-35: If it is assessed with performance grade E or as not being recycled at scale.

News from Industry

• 89% of people call on UK government to support compostables as “solution to plastic crisis”; New data shows that the majority of UK adults support substituting conventional plastic with compostable alternatives and want local authorities and government to do more to incentivise the collection of compostable packaging. A survey of 1734 UK adults conducted by YouGov found 89% of respondents support local councils being required to collect all recyclable or compostable packaging from households.
• Brussels set to propose watered down EU packaging law after industry outcry; The European Commission is due to propose a new law to tackle packaging waste on Wednesday (30 November) with watered down reuse targets after an outcry from industry, according to a leaked draft of the new regulation, seen by EURACTIV. The new packaging and packaging waste legislation will see a wide-ranging overhaul of the current law, including mandatory targets for recycled content into new plastics and design criteria to help recycling. But the latest leaked draft shows a drop in ambition from a previous version, particularly regarding reuse targets, which were criticised as an “existential threat” to existing recycling systems by a group representing the soft drinks industry.
• FSA publishes insights into coronavirus on packaging and foods; The UK’s Food Standards Agency (FSA ) has published research on the survival of coronavirus (Covid-19) on food packaging and foods. The research was commissioned by the FSA and conducted by the University of Southampton. In the study, researchers deliberately added the Covid-19 virus to most types of food packaging, including polyethylene terephthalate (PET) trays and bottles, aluminium cans and composite drinks cartons.
• How automation and artificial intelligence could impact the packaging industry; AMP Robotics uses automation and artificial intelligence (AI) to sort materials within waste streams. We asked CEO Matanya Horowitz how this works, how data can be utilised and the ways automated sorting could impact the packaging industry.
• Refillable Packaging – How to provide a sustainable solution from concept to design and beyond; Refillable packaging is on the rise, yet there is still a long way to go before it’s considered a fully sustainable solution. George Hooper from Lifestyle Packaging discusses how brands can go beyond using it as a marketing opportunity and explains how refillable packaging can be a genuinely sustainable solution from concept to design and throughout the customer journey.
• Study finds paper packaging trumps re-useables for food deliveries footprint; The new life cycle analysis study shows that recyclable, paper-based packaging used in the quick service food delivery and takeaway sector offers environmental advantages over reusable systems across 12 ‘impact categories’ including climate change, freshwater consumption and resource depletion.
• €1.5 million funding for circular economy innovation in Ireland; Ireland’s Minister of State at the Department of the Environment, Climate and Communications with responsibility for the Circular Economy and Communications, Ossian Smyth, has announced funding of €1.5 million for Circuléire in 2023, to foster and enhance circular economy knowledge, capacity building and implementation by Irish Industry.
• Five packaging design trends for 2023 every creative should know; Whatever area of creativity you work in, packaging design offers an instant window into the world of modern visual culture. You only have to go as far as your nearest supermarket or specialist food store to see hundreds of brands using inventive aesthetics to grab attention in a crowded marketplace. And that can give you valuable insights into where the creative industries are right now.
• Guidance: How to collect your packaging data for extended producer responsibility; A guide to collecting data about your packaging. This is for UK organisations that will be affected by extended producer responsibility (EPR) for packaging.
• UK start-up behind algae-based packaging bids for Earthshot glory; A British start-up founded by two ex-students from France and Spain, crafting biodegradable packaging from marine plants, is aiming to seal royal approval this week when Prince William unveils his latest Earthshot prizes.
• Sustainability legislation ‘primary challenge’ for packaging professionals; The poll, conducted by packaging sustainability consultancy Aura, found that 95% of senior packaging specialists at global brands view keeping up with fast-evolving legislation as their primary concern.
• EU to propose boosting recycled content and reuse of packaging; The European Commission set to announce proposals to reduce packaging waste, including new targets for recycled content in plastic drinks bottles and for takeaway cup reuse and the reuse of packages used for online deliveries, Reuters news agency reports.
• There must be an “urgent societal shift” towards reuse; Sustainability experts have issued an urgent call for a “seismic cultural shift” towards reuse to solve the “growing pollution and waste crisis”. A new white paper, published today by BRITA UK, highlights the myriad of environmental and economic benefits that implementing reuse culture across society could bring, but warns of barriers to progress and a need for action.
• Sealed Air launches paper systems for e-commerce retailers; The QuikWrap Nano and QuikWrap M systems are both paper wrapping systems don’t require any electricity, with little or no assembly. Sealed Air said the QuikWrap Nano is the smallest dual paper wrapping system in the market and is suited to low volume operations.
• Sealed Air’s flexible packaging range certified by Vegan Society; Sealed Air has received The Vegan Society’s Vegan Trademark for its CRYOVAC Sealappeal flexible packaging range – an achievement that, according to the company, makes it the first producer of vegan-compliant flexible packaging.
• This plastic packaging alternative can compost in a year; British startup Shellworks is fed up with waste, so it created a vegan material that can be turned into compost.
• MPs call for binding targets to end plastic pollution as UN talks begin; MPs on the UK House of Commons Environment, Food and Rural Affairs Committee have renewed their call for a global treaty with legally binding targets to end worldwide plastic pollution as new UN talks on the subject open in Uruguay today (28 November).
• SUEZ consults on plans to build Billingham carbon capture plant; SUEZ recycling and recovery UK (SUEZ) has launched a three week pre-application consultation with local communities and their representatives around its plans to build a carbon capture plant on land next to its energy-from-waste facility on the Haverton Hill Industrial Estate in Billingham.
• Mondi research reveals e-commerce trends in Europe; Shoppers in France, Germany, Poland, Sweden and Turkey were analysed. Mondi said it is the most in-depth survey to date with 1,000 consumers surveyed in each country.
• Climate Change Minister for Wales announces “major step” towards zero waste and net zero; Climate Change Minister Julie James has announced plans to increase the quality and level of recycling from businesses, the public and third sectors in Wales, to ensure they separate key recyclable materials in the same way the majority of Wales’ householders already do.
• Research: UK households are throwing away £4.3 billion per year on uneaten food; New research reveals that UK households are throwing away £4.3 billion worth of uneaten food every year.
  The refrigeration company Liebherr commissioned the research, which found that 56% of Brits feel they don’t have the information needed to reduce waste. Almost 70% of those surveyed believe it is the responsibility of the national Government and/or local councils to educate the British public on food storage and waste prevention.
• Environmental groups call for ban on disposable vapes; Environmental and health groups have issued an open letter to the environment and health secretaries calling on the Government to ban the sale of single-use e-cigarettes. 18 environment and health groups signed the open letter to Thérèse Coffey and Steve Barclay, including Green Alliance, Royal College of Paediatrics and Child Health, Marine Conservation Society and RSPCA.
• Munden announced as new chair at WRAP; Munden was formerly executive vice president and general manager for Unilever UK and Ireland. He will start the role later this month and replaces Julie Hill, who was chair for two consecutive terms.
• Transport sector should embrace life-cycle analysis to raise standards in emissions reporting; Muirhead advises the passenger transport sector to consider the life-cycle emissions of its suppliers in a bid to raise standards in carbon footprint reporting.
  The firm, a supplier of Scottish leather to the aviation, bus, coach, and rail industries argues the third-party assessment could become a new standard in passenger transport.
• Report: fashion brands fail to include supply chains in net zero goals; New analysis by Stand.earth on the state of several major fashion brands’ net zero commitments says that many of the companies lacked the tools necessary to achieve their goals throughout the supply chain.
• Global survey shows 7 out of 10 people support global rules to end plastic pollution; A poll of over 20,000 people across 34 countries shows support for the world’s “first-ever” plastic treaty to create binding global rules that apply to all countries rather than a voluntary global agreement where governments can choose whether or not to take action.​
• Report: population growth to 8 billion sees 19 billion tonne CO2 spike; The doubling of the world’s population to eight billion over the last 50 years has been a “critical driver” of climate change emissions equivalent to the combined total of China, the US and the EU, according to a report by Population Matters.
• UCI professor describes how to develop a circular economy for e-waste; The University of California, Irvine (UCI) professor Oladele Abiola Ogunseitan says extracting the benefits from electronic waste (e-waste) requires innovations in natural resource recovery, regulatory policies and consumer participation. Oladele Ogunseitan is the UC Presidential Chair and a UCI professor of population health and disease prevention. The Nigerian public health researcher has worked on studies that consider how toxic pollutants impact human and environmental health.
• MPs criticise “culture of delay” at Defra; The Chairman of the Environmental Audit Committee (EAC), Philip Dunne MP, has written to the Environment Secretary saying that a “culture of delay” at the Department for Environment Food and Rural Affairs (Defra) is holding up progress on promised environmental policies. The Government failed to meet the statutory deadline of 31st October to confirm new long-term targets for air quality, water, biodiversity and species abundance and resource efficiency and waste reduction.
• Boom in global patent applications for biodegradable plastics innovation; The second annual edition of the Inside Green Innovation: Progress Report 2022, from intellectual property firm Appleyard Lees, analyses patent filings across several key environmental issues facing the world, including biopolymers and polymer recycling. According to the latest report, biodegradable plastics innovation has a clear front-runner with the sharp spike in global patent applications for butylene-based biopolymers.
• Futamura’s NatureFlex the choice of material for Coca Canopy; The brand has incorporated Futamura’s cellulose film NatureFlex, having moved from hand picking products in film bags to a new film and automated bagging line.
• Eco Flexibles creates new mono-polymer packs for Lovimals; The brand opted for a new digitally printed EcoFlow pouch with PE zipper. The move is designed to reduce overall production waste.
• Malta launches deposit return scheme with target to reach 90% recycling rate; The DRS is operated by BCRS Malta, the licensed not-for-profit private operator of the national Beverage Container Refund Scheme, and Sensoneo is providing a DRS IT service for the scheme having run the same for Slovakia.
• Pow returns to DEFRA and takes on resources and waste brief; She was part of the department until July this year, when Pow resigned after claiming that former Prime Minster Boris Johnson’s leadership had “veered too far off course”. She had been in charge of the waste portfolio until replaced by Jo Churchill in 2021.
• Amazon facing UK box shortages for Black Friday as DS Smith workers vote to strike; Pay dispute at packaging company has seen nearly 700 GMB union members voting in favour of action.
• Mars Pet Nutrition adds further plastic reductions across Europe; Redesigns on its Sheba, Whiskas, Perfect Fit and Catsan brands has saved, according to Mars, 480 tons of plastic per year. Plastic flow wraps on Shepa and Perfect Fit mini pouches have been replaced with paper sleeves, while Whiskas dry food plastic bags have been replaced carton boxes.
• RECOUP warns recycling infrastructure must increase by ‘up to nine times’; RECOUP has published its 2022 UK Plastic Packaging Sorting & Reprocessing Infrastructure report, which is calling for major investment to address significant bottlenecks.It highlights the UK’s ability to sort both household and non-consumer plastic packaging from other materials into separate plastic streams, and to reprocess it into raw materials and products. RECOUP mapped the recycling facilities and researched the operational capacities in order to produce a number of scenarios to compare the requirements for recycled plastic packaging against the UK’s ability to produce the material.
• Clean Planet Energy partners with Crossroads to fund ecoPlant site; The first ecoPlant is currently under construction in Teeside, and is claimed to be the first of 10 plants that both parties will build and operate across the UK. Clean Planet Energy added that the joint venture “could see over £400m of new UK investment”.
• PZ Cussons commits to plastic reduction as part of £325m credit facility; The multinational said that the credit facility “incorporates both a term loan and revolving credit facility (RCF) structure, with maturity dates of up to November 2028”. As part of the facility, a pricing structure has been linked to PZ Cussons’ sustainability strategy, which includes reduction in virgin plastic packaging, achieving B Corp certification and carbon reduction.
• Body Shop survey finds shoppers not recycling skincare packaging; In a survey of 2,000 UK skincare users, the high street retailer added that 74% of consumers surveyed do not completely finish a product before recycling it. Reasons cited included that the product “wasn’t right” for the user (27%), that it later fell flat (18%) or that a newer more exciting product replaced the original (26%).
• Polytag & Co-op aim to gather data on plastic pack recycling; The trial will use Polytag’s UV tag reading technology, said to enable brands to acquire data such as the exact number of plastic containers that are being sorted and handled in material recovery facilities (MRFs). During the trial, invisible UV tags will be printed onto the labels of one of Co-op’s own-brand spring water lines.
• CEFLEX and partners target commercial roll out for ValueFlex; Consultants Roland Berger and HTP Engineering have also collaborated with CEFLEX and the Alliance on ValueFlex, which is said to “integrate state-of-the-art sorting with high-quality processing in a modular and flexible approach”. The project has moved to the next phase of development—to demonstrate the solution at commercial scale. To achieve this, the Alliance and CEFLEX are inviting expressions of interest to partner in developing a first-generation ValueFlex facility, with a 50,000-tonne annual processing capacity. The plant will be based in Europe and aims to be operational by 2025. 
• VOID confirms PE film recycling compatibility; Materials science company VOID Technologies has had its technology’s compatibility with PE film recycling confirmed in the USA. VOID achieved ‘critical guidance recognition’ from the Association of Plastics Recyclers (APR) for its proprietary VO+ PE Masterbatch Technology. VO+ is an extensively patented cavitation technology that replaces solid plastic with micro- and nano-scale air pockets to create products with a reduced environmental footprint, without any gas injection or heavy mineral fillers.
• UPM Raflatac boosted by RecyClass approval for adhesive technologies; UPM Raflatac has received recognitions from RecyClass for multiple label products with different adhesive technologies. The recognitions expand UPM Raflatac’s portfolio of RecyClass recognised PE (polyethylene) label materials and extends the portfolio to include PP (polypropylene) label materials. Both the PE and PP materials are recognized to be recycling compatible with coloured HDPE (High Density Polyethylene) and PP packages. It means that the PE and PP labels can be recycled either in PP or HDPE coloured recycling streams. The recognition for the PP recycling stream compatibility is said to be the first of its kind in the world.
• Ban plastic exports from 2027, say committee of MPs; n its report – The price of plastic: ending the toll of plastic waste – the Environment, Food and Rural Affairs Committee said that a ban on plastic waste should come into effect from 2027. It added that the move should be part of a strategy to use less plastic, re-use more of it and boost recycling. The chair of the Committee, Sir Robert Goodwill MP, said: “For far too long the UK has been reliant on exporting its waste overseas and making it someone else’s problem. Plastic waste originating in our country is being illegally dumped and burned abroad. The UK must not be a part of this dirty trade and that’s why we are calling for a total ban on waste plastic exports.”
• Plastic packaging isn’t really ‘recyclable’ in the US, Greenpeace report says; We’ve known for years that plastic recycling rates are low, but they’ve managed to get even worse. The state of plastic recycling in the US is so abysmal that no plastic packaging can even be considered recyclable, according to a new report published today by environmental group Greenpeace.