Extended Producer Responsibility (EPR) – Draft EU Legislation and Updates to Guidance on Packaging Data and What to Collect, Including Drinks Containers

Extended Producer Responsibility (EPR) is a policy approach that places the responsibility for managing the environmental impact of products on the producers. In the European Union (EU), EPR has been a key element of waste management and circular economy policies, ensuring that producers take financial and operational responsibility for the collection, recycling, and disposal of their products and packaging.

As part of its broader sustainability goals, the EU has been working on strengthening EPR regulations, particularly in the area of packaging waste. Recent draft legislation and updates to guidance focus on harmonizing packaging data requirements and specifying what materials, including drinks containers, must be collected and reported under EPR schemes.

Draft EU Legislation on EPR

The European Commission has proposed new legislation to update and standardize EPR requirements across member states. These changes align with the objectives set out in the Circular Economy Action Plan and the EU Green Deal. Key aspects of the draft legislation include:

Harmonization of EPR Schemes: The proposal seeks to create uniform EPR rules across the EU to eliminate discrepancies between member states. This will facilitate compliance for multinational businesses and improve the efficiency of waste management systems.
Expanded Scope of Packaging Waste: The legislation introduces clearer definitions of packaging materials covered under EPR, including specific provisions for plastic, glass, metal, paper-based packaging, and composite materials.
Financial Contributions Based on Environmental Impact: Producers will be required to contribute financially to waste management systems based on the recyclability and sustainability of their packaging. This aligns with the “polluter pays” principle.
Improved Data Collection and Reporting: The legislation mandates standardized data reporting formats to enhance transparency and traceability in packaging waste management.

Updates to Guidance on Packaging Data Collection

To support the implementation of EPR, the EU has updated its guidance on packaging data collection. These updates aim to improve the accuracy and consistency of data submitted by producers. The main elements of the revised guidance include:

Detailed Categorization of Packaging Materials: Producers must classify packaging materials more precisely, distinguishing between recyclable and non-recyclable components.
Mandatory Reporting of Packaging Weights and Composition: Companies must report the weight, material type, and recyclability of their packaging to national EPR authorities.
Use of Digital Reporting Systems: To streamline compliance, the guidance encourages the adoption of digital platforms for data submission and tracking.

Collection and Management of Drinks Containers

Drinks containers represent a significant portion of packaging waste. The EU’s draft legislation emphasizes the need for effective collection and recycling of beverage packaging, with specific measures including:

Mandatory Deposit Return Schemes (DRS): Member states will be required to implement or enhance DRS for plastic, aluminum, and glass beverage containers to ensure higher collection rates.
Material-Specific Targets: The legislation sets minimum recycling targets for drinks containers, ensuring that collected materials are reintegrated into the production cycle.
Eco-Design Requirements: New rules encourage producers to design beverage packaging that is more recyclable and made from sustainable materials.

Conclusion

The draft EU legislation and updated guidance on EPR and packaging data collection mark a significant step toward a circular economy. By standardizing EPR requirements, improving data collection, and ensuring the efficient management of drinks containers, the EU is strengthening its commitment to reducing packaging waste and promoting sustainable business practices. Producers must stay informed about these developments to ensure compliance and contribute to a more sustainable future.

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Dr. Katona Géza, LL.M. ügyvéd (Rechtsanwalt / attorney at law)

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