Europe tightens the siege on harmful plastics with a new regulation on packaging

BarcelonaA new era is beginning regarding packaging and its waste. Starting this Wednesday, European Union member states must apply the new packaging and packaging waste regulation, in force since last year. The text regulates the sustainability and labeling of packaging throughout its life cycle and introduces restrictions on the production, use, and waste management with a view to 2050. However, some of the measures will not be enforceable until 2028, 2030, or even later.

One of the main novelties of this text, which repeals or amends up to three previous directives, it will lead to the elimination of single-dose plastics in a few years; that is, small containers for individual portions of sauces, sugars, jams, or butters. The marketing of these containers will be limited from January 1, 2030, and reusable systems and more sustainable alternatives such as glass jars, bulk dispensers, or paper sachets will have to be chosen.

The most immediate change in the regulations is the toughening of the fight against harmful substances. Packaging intended for contact with food will not be able to be marketed if it contains PFAS – the so-called substanceseternal– above maximum limits. The EU considers that there is no safe threshold of exposure to these compounds and that they represent an unacceptable risk to health.

Another important change is the recycled plastic. From 2030, PET (polyethylene terephthalate) packaging in contact with food must contain at least 30% recycled material (10% if not PET), and single-use beverage bottles, also 30%. The percentages will rise to 50-65% by 2040, with exceptions for health and safety reasons.

Restaurants will have to allow take-out containers

Bars and restaurants will also notice the change in the new regulation: from 2027 they will not be able to charge any cents to customers who want to bring their own container to take away unfinished food, and from 2028 it will be mandatory for all establishments to have reusable containers for those who wish to order food for takeout.

Furthermore, from February 2029, these reusable containers will have to carry a specific label, with additional information accessible by QR code about the available reuse system. Containers that directly contain harmful substances, in addition to complying with percentage limitations, will have to be marked with a QR code or similar digital technology explaining the concentration of each component.

Containers that use more plastic material than necessary will also be limited. For example, transport and e-commerce packaging will not be able to have more than 50% empty space. In parallel, reuse targets are set: by 2030, 40% of transport packaging and 10% of collective packaging must be reusable.

Regarding labeling, from August 12, 2028, packaging will have to carry a harmonized label, with easy-to-understand pictograms, indicating the composition of materials to facilitate recycling for the consumer. In the case of compostable packaging, the label will have to specify if it is suitable for home composting.

Finally, states will have to reduce the total amount of packaging waste by implementing deposit and return systems for beverage containers, both plastic and metal. This will be from 2029 and will not affect those countries that already have high separate collection rates.

The Catalan law: polluter pays

Far from the community offices, in the offices of the Palau de la Generalitat, there is already circulating the draft Catalan law on waste, which seeks to establish a firm legislative framework for a system that, despite constant modifications in recent years, is still governed by the law of 1993. While European regulations focus on the design, composition, and reuse of packaging, the Catalan draft law emphasizes collection, taxation, reuse, and the principle of who contaminates pays. That is to say, whoever generates waste must bear the management cost.

This aspect of the law is what generates the most resistance and it is feared that it will delay the approval and entry into force of the standard by months – and even years – which still has to go through the executive council and the parliamentary procedure. Furthermore, the Catalan text proposes that municipalities establish high-efficiency collection systems before the end of 2030, such as door-to-door or closed containers, and incorporates measures to reduce waste generation, such as the prohibition of single-use cups at events or single-use courtesy products in the hotel industry. It also reinforces the responsibility of producers and establishes that municipal waste taxes will have to cover the real cost of the service.

This is a less ambitious proposal than the draft law on waste that was already put on the table by the government of Pere Aragonès in 2022. For example, regarding packaging, an area where the European Union is concentrating a large part of its efforts with the new regulation. While the current Catalan proposal opts for prevention, reuse, and adaptation to the new circular economy framework, the 2022 text proposed prohibiting unnecessary or superfluous packaging of food within two years, eliminating plastic rings for grouping cans and bottles in 2024, and obliging supermarkets over 400 square meters to dedicate 20% of their sales area to products without primary packaging, including bulk sales, and with reusable packaging.

Regarding waste reuse, the new proposal talks about industrial and commercial reusable packaging management systems, traceability, and mechanisms for packaging to return to the circuit. In contrast, the 2022 text aimed to achieve 25% reuse of beverage packaging for domestic consumption by 2025 and 35% by 2030, while the hotel and restaurant industry had to offer reusable packaging and return systems for takeaway food, a measure now established by European regulations.

As for prohibitions, the difference is also clear. While the current proposal opts for more gradual timelines and adaptation to the new circular economy framework – in fact, the Waste Agency of Catalonia becomes the Agency for Circular Economy of Catalonia – the text proposed by Aragonès' government in 2022 planned to eliminate certain single-use products and formats as early as 2024: from single-use beverage packaging in public buildings to oxodegradable plastics or certain intentionally added microplastics, in line with the European proposal.