EU legislation: Packaging and packaging
waste
Introduction
If you want to export to the EU, you have to make sure that the
packaging you use for your products meet all EU
requirements. These requirements aim to prevent the
production of packaging waste, to promote the reuse of
packaging (recycling or other forms of recovering packaging
waste) and as such to reduce the final disposal of such
waste. The requirements mainly relate to maximum
concentration levels for heavy metals contained in packaging and to labelling (marking and
identification of the materials used).
Besides the legal requirements, it is very well possible that EU importers (or resellers and
distributors) may ask their suppliers to comply with other requirements on packaging reduction
and/or prefer recycled packaging materials. These requirements are sometimes forced by national
economic instruments established by Member States (e.g. UK and the Netherlands), such as
packaging tax. As a result, EU importers are pushed to give more attention to packaging (waste).
From a competitive point of view, producers outside the EU should be aware of this and consider to
implement certain procedures in their production processes either to reduce the need of packaging
or to replace packaging materials for other less harmful for the environment.
Supply Chain Management
Please note that your company is also part of a supply chain and therefore your EU buyer might set
requirements related to his supply chain management. You might have to pass on some requirements to your
supplier as well in order to fulfil the requirements of the EU markets.
Outline of the legislation
Directive 94/62/EC regulates all packaging placed on the EU market and all packaging
waste.
Packaging:
All products made of any materials of any nature to be used for the containment, protection, handling, delivery
and presentation of goods, from raw materials to processed goods, from the producer to the user or the
consumer. ‘Non-returnable’ items used for the same purposes are also considered to be packaging.
Annex I to Directive 94/62/EC lists some illustrative examples of ‘packaging’. According to that list,
tea bags and wax layers around cheese, so called ‘food contact materials’, are considered nonpackaging materials, while the film overwrap around a CD case, paper or plastic carrier bags, or
labels hung directly on or attached to a product are considered packaging.
Packaging waste
Directive 94/62/EC refers to Directive 2006/12/EC for the definition of ‘waste’: ‘Any substance or
object which the holder disposes or at some point will or has to dispose’. Examples are:
contaminated or soiled materials, materials whose date for appropriate use has expired, spilled, or
misshaped materials, adulterated materials. Also are included materials of which the use has been
banned by the EU Annex I of Directive 2006/12/EC.
Requirements
The Directive lays down some essential requirements related to all packaging placed on the EU
market as well as requirements related to marking and identification (labelling of materials).
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EU legislation: Packaging and packaging waste
Essential requirements
Annex II of the Directive specifies the essential requirements which relate to:

the manufacturing and composition of packaging;

the reusable nature of packaging;

the recoverable nature of packaging (recycling, energy recovering, composting and
biodegradable packaging).
Biodegradable packaging
Driven by consumers and recycling regulations, there is a growing demand for environmentally-friendly
packaging in the last years. It is expected that the market for biodegradable packaging will keep on growing in
the coming years. Making use of biodegradable materials may therefore form a market opportunity or even a
demand from your buyer. Frequently biodegradable plastics are made from plant materials, such as corn or
sugar starches.
Maximum concentration levels for certain metals
A maximum concentration level of a total of 100 ppm by weight is set for lead, cadmium, hexavalent
chromium and mercury in packaging or packaging components (except for lead crystal glass).
This maximum concentration level does not apply to the following recycled packaging materials:

Plastic crates and plastic pallets made of recycled material originating from other plastic
crates or plastic pallets and in which the introduction of external material is just the minimum
technically feasible (maximum 20% and none of the covered substances are added during the
recycling process (criteria set in Decision 1999/177/EC).

Glass packaging produced from recycled material is allowed to exceed the limit of 100 ppm by
weight if none of the covered substances are added during the recycling process. If the content
of the metals exceeds 200ppm, the company placing the product on the market has to submit
a report to the competent authorities in the EU Member States, where he places his product on
the market (criteria set in Decision 2001/171/EC).
Marking and identification
To facilitate collection, reuse and recovery (including recycling), packaging can be
marked in such a way that it is possible to identify and classify the nature of the
packaging material. At the moment, this identification system is on a voluntary basis.
However, if you use this system, you have to use a system of numbers and abbreviations
to specify the types of recyclable materials in the packaging. Decision 97/129/EC
establishes the basis for this numbering and abbreviation system and lists the materials
that are subject to the identification system. The system is commonly used for plastics.
It is advised to communicate with your buyer about possible expectations in this matter.
Example of identification
mark
for PVC
The marking must be clearly visible, easily legible, appropriately durable and lasting (also after the
packaging is opened). These are the numbers used to identify materials:

1-19 (plastic);

20-39 (paper and cardboard);

40-49 (metal);

50-59 (wood);

60-69 (textiles);

70-79 (glass);

80-99 (composites).
The Green Dot
In principle, EU producers are responsible for the recovery of the packaging they place
on the market. A well known producer responsibility schemes is The Green Dot (German:
Der Grüne Punkt).
The Green Dot is a license symbol of a European network of industry-funded system for
recycling the packaging materials of consumer goods. Although it is no legal EU requirement, many products
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EU legislation: Packaging and packaging waste
marketed in the EU present the symbol on their packaging.
European Packaging Standards
The European standardisation body (CEN) formulated six European standards that further specified
the essential requirements of Directive 94/62/EC. Those standards are not official legislation, but
EU buyers broadly accept them as the norm. As such, they can be used as a tool to prove to your EU
buyer of your compliance with the essential requirements. If you implement these standards in your
production process, you will not need to demonstrate conformity with the essential requirements to
gain full access to all EU Member States. Unless, of course, your EU buyer has grounds to suspect
inconformity otherwise.
Standard No.
EN 13427:2004
EN 13428:2004
EN 13429:2004
EN 13430:2004
EN 13431:2004
EN 13432:2000
Title
Packaging - Requirements for the use of European Standards
in the field of packaging and packaging waste
Packaging - Requirements specific to manufacturing and
composition - Prevention by source reduction
Packaging - Reuse
Packaging - Requirements for packaging recoverable by
material recycling
Packaging - Requirements for packaging recoverable in the
form of energy recovery, including specification of minimum
inferior calorific value
Packaging - Requirements for packaging recoverable through
composting and biodegradation - Test scheme and
evaluation criteria for the final acceptance of packaging
Function
Guidelines
Optimised use of
packaging
Reusable packaging
Material recoverable
packaging
Energy recoverable
packaging
Compostable
packaging
 For more information on a practical guideline on the EU legislation on packaging and packaging
waste, refer to the Industry Council for Packaging & the Environment (INCPEN), a non-profit
organisation in the UK.
What are standards and how do I get them?
Standards are used to prove conformity with technical requirements. They are often not official legislation, but
broadly accepted norms. Standards are developed by standardisation bodies and have to be bought. The EU
Packaging standards are developed by CEN, the European Committee for Standardization. EU Member States
also have their own national standardisation bodies. These national standardisation bodies can be contacted
to buy the text of the standards. For an overview of the Member States’ standardisation bodies, refer to this
website.
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EU legislation: Packaging and packaging waste
Related documents
Please find below an overview of other legislative and non-legislative requirements that are of relevance. Some
of the requirements are shortly highlighted in this document. More details however, can be found in the CBI
database under the following document titles:
Legislation:

EU legislation: Food contact materials
Non-legislation:





EU buyer’s requirements: Supply chain management
Packaging: Checklists for export
Packaging: Environmental considerations
Packaging: Main issues
Sustainability in the packaging sector
Last updated: August 2011
This document was compiled for CBI by CREM B.V.
Disclaimer CBI market information tools: http://www.cbi.eu/disclaimer
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EU legislation: Packaging and packaging waste
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August 2012
If you want to export to the EU, you have to make sure that the packaging you use for your products meet all EU
requirements. To reduce impact of packaging on the environment, the EU has laid down legislation concerning
the management of packaging and packaging waste.
This document provides a brief outline of the requirements on packaging and packaging waste and provides an
introduction to packaging standards. Furthermore it provides references to relevant legal texts and useful
information from external sources.
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No
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Legislation
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Uitvoerder: Marijn
Regulations and Directives waar naar verwezen wordt gecontroleerd op wijzigingen. Geen wijzgingen.
Cut flowers and foliage
Summer flowers
Tropical flowers
Traditional flowers
Foliage
Fishery products
Fresh, chilled or frozen fish and fish fillets
Fresh, chilled or frozen crustaceans and cephalopods
Prepared or preserved fish
Food ingredients
Coffee
Tea
Cocoa (inc. Cocoa butter, oil and fat)
Preserved fruit and vegetables and edible nuts
Spices and herbs
Conventional oils - niche markets (palm, sunflower, cocos - focus on virgin, organic, fair trade)
Specialty oils (peanut, mais, sesame, sheabutter, mango butter, rich omega 3 oils)
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EU legislation: Packaging and packaging waste
Olive oil (focus on organic etc)
Oil seeds
Fresh fruit and vegetables Tropical fruit
Off-season fruit
Exotic fruit
Fresh vegetables
Natural ingredients for
cosmetics
Vegetable derived oils, fats and waxes
Essential oils and oleoresins
Botanicals for cosmetics
Natural ingredients for
pharmaceuticals
Medicinal and aromatic plants
Saps and extracts for pharmaceuticals
Timber
Tropical sawn wood
Tropical building materials
Tropical garden articles
Consumer
Wine
Wine
Domestic furniture
Non-upholstered furniture
Dining and living room furniture
Kitchen furniture
Bedroom furniture
Furniture parts
Apparel
Bodywear
Knitted and woven clothing
Sports clothing
Babies clothing
Home decoration
Candles
Woodware
Wickerwork
Ceramics and porcelain
Metalware
Cutlery
Home and furnishing
textiles
Household textiles
Furnishing textiles
Jewellery
Costume jewellery
Silver
Office and school
supplies
Paper-based items
Filing and storage products
Writing and drawing instruments
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EU legislation: Packaging and packaging waste
Carrying products
Industrial
Automotive parts and
components
+ equipment
Automotive parts and components
Agricultural machinery
Parts for construction equipment
Pipes and process
equipment
Process instruments
Process equipment
Metal pipes and fittings
Plastic pipes and fittings
Pumps
Valves
Electronic components
Embedded Systems
Power electronic components
Electronic Manufacturing Services (EMS)
Engineering products
Drives and transmissions
Electric motors
Handling equipment and systems
Hydraulics
Tooling, dies and moulds
Medical devices and
disposables
Medical disposables
Medical devices
Personal protective
equipment
Safety footwear
Workwear
Paints & other coatings
Coatings
Coating resins
Services
BPO
Call centres
Digitisation
Web services
Human Resources
Accounting services
Engineering services
ITO
Finance and banking services
CRM software
CMS software
HRM software
Tourism
Adventure travel
Wildlife travel
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EU legislation: Packaging and packaging waste
MICE
CBT
Cultural tourism
Health and wellness tourism
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