1. Julian Carroll Managing Director
Essential Regulations and Standards Concerning Packaging in European Markets
Julian Carroll
Managing Director
PROPAK ASIA 2008 BITEC, Bangkok – 13 June 2008

2. Today’s Presentation
Evolution of Europe’s packaging and environment legislation
Understanding the EU Packaging and Packaging Waste Directive
Complying with EU Packaging Essential Requirements
Meeting producer responsibility obligations
Food contact packaging materials
Food traceability
Packaging sizes
A few words about ‘Sustainability and Packaging’
PROPAK ASIA 2008 BITEC, Bangkok – 13 June 2008

3. EUROPEN is : The Voice of Industry for Packaging and the Environment
The only pan-European cross-sectoral industry and trade body dedicated exclusively to packaging and environment issues
“EUROPEN is a time-tested lobbyist and possibly the world’s foremost industry authority on packaging.  The association has been engaged virtually non-stop in public discourse both friendly and combative with regulators and legislators for more than 15 years.”
Crosslands Bulletin on Business, Law and the Environment, September 2007
PROPAK ASIA 2008 BITEC, Bangkok – 13 June 2008

4. Our Objective
EUROPEN aims to achieve fully accessible European market for packaging used for and packaged products, whereby best use is made of the role, benefits and functions of packaging in society, such as protection of products and the environment and supplying information to and meeting the needs of consumers and customers.
PROPAK ASIA 2008 BITEC, Bangkok – 13 June 2008

5. PROPAK ASIA 2008 BITEC, Bangkok – 13 June 2008

6. A few words about EU jargon
The Commission, The Council, The Parliament
Who is who and who does what?
The differences of meaning between an EU
Regulation
Directive
Decision
Communication
PROPAK ASIA 2008 BITEC, Bangkok – 13 June 2008

7. EU Packaging and Packaging Waste Directive*
A five point summary:
Twin objective: environment & trade
Systems to collect used packaging
Recovery and recycling targets
Packaging “Essential Requirements”
Free movement of packaged goods guarantee
* Directive 94/62/EC, amended by Directive 2004/12/EC
PROPAK ASIA 2008 BITEC, Bangkok – 13 June 2008

8. Essential Requirements: underlying principles
Packaging weight and volume minimum needed for safety and acceptance of product.
Noxious and other hazardous constituents of packaging to have minimum environmental impact at end of life.
Packaging to be suitable for at least one method of recovery and suitable for reuse if reuse is claimed.
Limit of 100 p.p.m. by weight of heavy metals (derogations exist)
PROPAK ASIA 2008 BITEC, Bangkok – 13 June 2008

9. CEN Packaging Standards
Relationship between Essential Requirements and CEN Packaging Standards
The Essential Requirements tell us what packaging must / must not be but they do not tell us how packaging should be designed and specified to meet this legal obligation
The CEN Packaging Standards are a tool for industry to ensure legal compliance
PROPAK ASIA 2008 BITEC, Bangkok – 13 June 2008

10. CEN Packaging Standards
The 6 CEN Standards cover:
Management System to Use of the Standards “Umbrella” Standard (EN 13427: 2004)
Manufacturing & Composition of Packaging “Prevention Standard” (EN 13428: 2004)
Reusable Packaging Standard (EN 13429: 2004)
Recycling Standard (EN 13430: 2004)
Energy Recovery Standard (EN 13431: 2004)
Organic Recovery Standard (EN 13432: 2000)
PROPAK ASIA 2008 BITEC, Bangkok – 13 June 2008

11. CEN Packaging Standards
Want More Information?
Buy the CEN Standards
Read EUROPEN publications (
Understanding the CEN Standards on Packaging and the Environment – Some Questions and Answers
Essential Requirements for Packaging in Europe – A Practical Guide for Industry and Trade
PROPAK ASIA 2008 BITEC, Bangkok – 13 June 2008

12. PROPAK ASIA 2008 BITEC, Bangkok – 13 June 2008

13. Meeting Producer Responsibility Obligations
4 questions about producer responsibility:
Who is obliged by the EU Directive?
What are the obligations?
How are the obligations enforced?
Who pays what and to whom?
PROPAK ASIA 2008 BITEC, Bangkok – 13 June 2008

14. Summary of Producer Responsibility Obligations
All Member States impose legal obligations on economic operators
Most are based on original German ‘Green Dot’ scheme
Exceptions: Denmark, Netherlands, UK
Nature and scope of obligations vary between different countries
see Annex II of documentation
PROPAK ASIA 2008 BITEC, Bangkok – 13 June 2008

15. Food contact materials I
Framework Regulation (EC) 1935/2004 on materials and articles intended to come into contact with food
Aim is to prevent transfer of any material component into food in quantity that could endanger human health, change the composition of the food or deteriorate food taste or odour
Material must be labelled “for food contact” or carry the glass and fork symbol
PROPAK ASIA 2008 BITEC, Bangkok – 13 June 2008

16. Food contact symbol
PROPAK ASIA 2008 BITEC, Bangkok – 13 June 2008

17. Food contact materials II
17 material groups and articles are established in the EU Framework Regulation
These may be covered by specific legislation and include packaging materials and articles, such as:
Plastics—paper and board—glass—metal—cellulose—wood—printing inks, etc.
Regulation sets out procedure for authorisation of substances to be used in food contact material
European Food Safety Authority (EFSA)
Currently the legislation on specific materials concerns the legislation on ceramics, regenerated cellulose film, plastics and recycled plastics.
Ceramics are regulated by Council Directive 84/500/EEC as amended by Directive 2005/31/EC. The Directive sets migration limits for cadmium and lead which might be released from decoration and/or glazing. It gives an analytical method for the determination of the migration of these substances.
Regenerated cellulose film is regulated by Commission Directive 2007/42/EC of 29 June 2007 that is a codified version of 93/10/EEC and 2004/14/EC. This Directive sets a positive list of authorised substances and the conditions under which they can be used and includes provisions for plastic coated regenerated cellulose film.
Plastics are regulated by the new Commission Directive 2002/72/EC which consolidates Commission Directive 90/128/EEC and its seven amendments (Directives 92/39/EEC, 93/9/EEC, 95/3/EEC, 96/11/EEC, 1999/91/EC, 2001/62/EC and 2002/17/EC). These amendments mainly modified the lists of authorised substances such as monomers and additives.
Directive 2002/72/EC establishes:
An overall migration limit of 60mg (of substances)/kg (of foodstuff or food simulants) for all substances migrating from a material into foodstuffs);
A positive list of authorised monomers and other starting substances, with restrictions on their use (such as specific migration limits) where applicable. Some monomers remain provisionally authorised at national level pending a re-evaluation by the EFSA;
A list of authorised additives and for some of them, restrictions on their use (such as specific migration limits). In addition there exist also national lists of authorised additives;
The procedures for adapting, revising and/or completing the lists of authorised substances.
Directive 2002/72/EC has been amended by Directive 2004/1/EC which suspends the use of the blowing agent azodicarbonamide as from 02. August A further amendment Directive 2004/19/EC lays down that the list of authorised additives will become a positive list. To this end the following have been set:
the additive must be permitted in one or more of the Member States no later than 31 December 2006
Commission will establish a provisional list of additives which may continue to be used subject to national law until EFSA has evaluated them.
Directive 2004/19/EC lays down that for migration of food contact materials additives, which also are permitted as direct food additives, the stricter limit applies. They shall not have a technological function in the final foodstuffs.
Directive 2007/19/EC introduced provisions for gaskets in lids, phthalates, a fat consumption reduction factor and the functional barrier concept. It also updated the list of authorised substances and confirms the prohibition to use azodicarbonamide in the manufacture of plastic materials and articles.
Directive 2002/72/EC has been last amended by Directive 2008/39/EC. This new amendment establishes that the Community list of additives becomes a positive list on 1 January 2010, meaning that after this date only those additives listed will be permitted for the manufacture of plastics. However, substances on the provisional list may continue to be used subject to national law after 1 January 2010 until a decision is taken on their possible inclusion in the positive list of additives. This provisional list includes all additives that are under evaluation by EFSA and for which a petition was submitted until December 2006 in accordance with the requirements set in the Directive. This amendment also clarifies the criteria for removal of an additive from the provisional list and updates the list of authorised substances used for the manufacture of plastic materials and articles intended to come into contact with food."
Regulation (EC) 282/2008 on recycled plastic materials and articles is setting out the requirements for recycled plastics to be used in food contact materials and establishes an authorisation procedure of recycling processes used in the manufacture of recycled plastics for food contact use.
PROPAK ASIA 2008 BITEC, Bangkok – 13 June 2008

18. Food traceability
Traceability means ability to track any food that will be consumed
Regulation (EC) No. 178/2002 contains general provisions—special legislation applies to beef, fish, GMOs, etc.
Requires identification of the origin of food and feed ingredients and food sources
Applies equally to importers to the EU
‘One step back—one step forward’ principle applies
PROPAK ASIA 2008 BITEC, Bangkok – 13 June 2008

19. Packaging sizes
Directive 2007/45/EC has deregulated pack size in Europe for pre-packaged products
Mandatory nominal quantities are banned from 11 April 2009, except for:
Milk, butter, dry pasta, coffee until 11 October 2012
Wine and spirits are given a range of agreed quantities
PROPAK ASIA 2008 BITEC, Bangkok – 13 June 2008

20. Sustainability Environment Economy Society
PROPAK ASIA 2008 BITEC, Bangkok – 13 June 2008

21. Sustainable Packaging?
We cannot define it but we can aspire to it!
Packaging is but one component which can contribute to achieving corporate sustainability targets which in turn will help us meet EU sustainability goals
PROPAK ASIA 2008 BITEC, Bangkok – 13 June 2008

22. EUROPEN’s Vision of Sustainable Packaging
Made from responsibly resourced materials
Designed to be effective and safe throughout its life cycle
Meet market criteria for performance and cost
Meet consumer choice and expectations
Be recovered efficiently after use wherever possible
PROPAK ASIA 2008 BITEC, Bangkok – 13 June 2008

23. The Big Sustainability Picture
Eco-efficiency will be the overarching criterion
Don’t talk of “sustainable” packaging—talk of how your packaging adds value to achieving Corporate Sustainability goals by:
Being part of an integrated life cycle-based product system
Saving more resources than used for the packaging
Meeting consumer expectations for product protection, safety and information
Saving costs in distribution and merchandising
PROPAK ASIA 2008 BITEC, Bangkok – 13 June 2008

24. For further information
The Voice of Industry for Packaging and the Environment
PROPAK ASIA 2008 BITEC, Bangkok – 13 June 2008