Packaging Regulation brings stricter rules
The new Packaging and Packaging Waste Regulation is to fundamentally change how manufacturers package their products, and how consumers sort, return, and recycle packaging. It presents stricter restrictions on single-use plastics, stipulates that all packaging must be recyclable, and introduces mandatory deposit and return for PET bottles and cans.
The regulation is the EU's response to the ever-increasing volume of packaging waste and the need to strengthen the circular economy. It aims to minimise packaging waste and reduce the use of plastic packaging as well as increase the reuse and recycling of packaging. The regulation unifies the legal regulation of packaging, which has until now been provided by EU directives and national legislation.
Restrictions on single-use plastics: From 2030, some single-use plastic packaging will be banned: for instance, for packaged fruit and vegetables up to 1.5 kg, food and drinks consumed in restaurants, single portions of condiments, as well as small cosmetic, hygiene, and toiletry products used in hotels. The very lightweight plastic bags for unwrapped food which shops often use for bakery products or produce will also disappear.
Recyclability and recycled content: For all packaging placed on the market from 2030, the Packaging Regulation will require it to have been designed as recyclable, as packaging as such is not covered by the Ecodesign Regulation. Furthermore, plastic packaging becomes subject to mandatory and gradually increasing quotas of the proportion of recycled material used in its production.
Minimising packaging size: By 2030, packaging manufacturers or importers must ensure that packaging has been designed to keep its weight and volume to the minimum necessary to ensure functionality. The regulation bans packaging that serves solely to increase the perceived volume of the product. Packaging must therefore not contain features such as double walls, false bottoms and extra layers, which should also partly eliminate the new 'shrinkflation' trend practiced by some retailers.
Mandatory deposits and returns: The regulation requires member states to introduce a deposit and return system for at least 90% (by weight) of PET bottles and cans by 2029. Although member states may apply for an exemption if they sort at least 80% (by weight) of the packaging concerned, this is rather unlikely to happen in the Czech Republic, in view of the deposit and return bill currently being debated by the chamber of deputies (although with a slim chance of being passed before the autumn elections), and the state of the deposit and return system for empty packaging in the Czech Republic.
Impact of the regulation on the Czech Republic
The regulation will have a significant impact on domestic packaging legislation, which has so far responded toindividual directives and set out obligations for entities placing packaging on the market or into circulation. In fact, the regulation will largely replace the current Packaging Act due to its priority of application. Moreover, the legislators will have to bring domestic legislation in line with the new regulation.
The Packaging Regulation is already in force and will apply from August 2026. Packaging manufacturers, suppliers and purchasers must adapt their production processes and the way they label their packaging or sell their products to other businesses or end consumers. Starting next year, failure to do so could lead to strict penalties, including a ban on being able to place products on the market.