4.2 Specific Product related directives
The EU has introduced extended producer responsibility through several specific waste legislations that are subordinate to the general waste regulations, of which the Packaging and Packaging Waste Directive (PPWD 94/62/EC) and recent Single-Use Plastics Directive (2019/904) are most relevant to this report as the focus is on plastic waste. As mentioned in the limitations, this report will not examine the other waste regulations under the EU Waste Framework Directive, such as End-of-Life Vehicles (ELV) Directive (2000/53/EC) and Waste from Electrical and Electronic Equipment (WEEE) Directive (2012/19/EU).
It's worth noting the Packaging and Packaging Waste Directive doesn't make EPR mandatory, but it is required in the legislation governing plastic waste. However, none of these directives specify specific recycling targets for plastics. (Hennlock, 2014)
4.2.1 Packaging and Packaging Waste Directive (PPWD)
EU rules on packaging and packaging waste cover both packaging design and packaging waste management. They aim to deal with the increasing quantities of packaging waste, which cause environmental problems. Member states are granted some flexibility in meeting the requirements outlined in the Packaging and Packaging Waste Directive (PPWD). (Hennlock, 2014) However, the directive requires systems for return and collection to be set up for consumers to drop off their used packaging so that it can be recycled and reused once again. The producer is also responsible for what happens to a product’s packaging after a consumer has discarded it, including collection and recycling.
The PPWD (94/62/EC) establishes guidelines for reducing packaging waste generation, promoting packaging reuse, recycling, and other methods of recovering packaging waste. Additionally, it puts forth standards that all packaging sold in the EU must adhere to. These rules are intended to reduce the amount of packaging waste disposed of and to encourage a more circular economy. (EPRS, 2023) EU members have time until the end of 2024 to comply with the EPR requirements set by the Packaging and Packaging Waste Directive. This means that, in some countries EPR obligations are yet to be implemented.
In 2022, there was a new initiative proposed by the EU Commission with the aim of turning the Directive into regulation, which would imply less flexibility for member states and consequently more harmonization between them. The initiative's objective is for all packaging to achieve economically viable recyclability or reusability by 2030. To encourage reuse and recycling, boost the use of recycled materials, and improve the efficacy of these requirements, it also strives to reinforce the essential requirements for packaging and includes measures to deal with excessive packaging and reduce packaging waste. As of 2023, EU legislators are still reviewing the proposal. (EPRS, 2023)
4.2.2 Single-Use Plastics (SUP) Directive
The EU 2019/904 Directive applies to certain single use plastic products (SUPs), i.e., products wholly or partially made of plastic and are intended to be used just once or for a short period of time before being discarded. It also applies to products made from oxo-degradable plastic and fishing gear containing plastic. The overall aim of the SUP Directive is to prevent and reduce the drastic impact of these plastic products on the environment as well as on human health. For example, the SUPs are more likely to end up in the sea than reusable options and the ten most commonly found single-use plastic items on European beaches, alongside fishing gear, represent 70% of all marine litter in the EU.
A combination of measures tailored to the products covered by the directive are to be introduced in line with the goal of reduction and prevention of littering. In addition to packaging, article 8 in the 2019/904 Directive (EUR-Lex, 2019) states that extended producer responsibility schemes must be established for balloons, wet wipes, fishing gear that contains plastic, and tobacco products with filters. The extended producer responsibility means that producers must bear the cost of awareness-raising measures, and the cost for these products that are discarded in public collection system, collection in public systems, and cleaning up of their products.