We warmly welcome you to our Newsletter 5/2023! 🌍 With the newsletter, we regularly provide our subscribers with specialized information focusing on EPR-compliance.
If you have any questions, our experts are available for personal consultation.
Today's topics at a glance
Judgment in favor of the Green Dot in France
Have your say! Your voice counts in the evaluation of the WEEE Directive
The EU Packaging Directive becomes a regulation
We hope you enjoy reading the newsletter and look forward to your feedback!
Best regards, Deutsche Recycling
Judgment in favor of the Green Dot in France
The highest French administrative court, the Conseil d'État, has ruled in favor of Green Dot and PRO Europe in a lawsuit and declared null and void the decree of the French Ministry of the Environment from 2020. The decision has implications for the use of the financing symbol "The Green Dot" on packaging in France.
Background and Dispute over the Green Dot
In France, a regulation was introduced in the Environmental Code stating that labels and markings that could cause confusion in waste separation may be subject to penalties. Green Dot and PRO Europe filed a lawsuit to challenge two ministerial decrees concerning certain markings, particularly the "Green Dot".
Impact of the decision on affected companies
With the decision of the highest administrative court, the Ministry of the Environment's decree regarding the Green Dot is declared null and void. The main reason stated was that the French authorities did not sufficiently fulfill their obligation to notify the European Commission.
Companies can continue to use the financing symbol "The Green Dot" on their packaging in France without fear of penalties.
However, it remains unclear whether the matter is definitively closed here. The French government may possibly submit another (this time correct) legislative procedure to the European Commission as a next step. Additionally, the new EU Packaging and Packaging Waste Regulation is already on the horizon, which aims to end national initiatives regarding packaging labeling. We will keep you informed of further developments.
Is your company a producer or introduces packaging in the french market and you are unsure about the obligations that apply to your company and whether you are complying with them? We would be happy to assist you. Simply contact us.
Have your say! Your voice counts in the evaluation of the WEEE Directive
The European Commission has put the Directive on Waste Electrical and Electronic Equipment (WEEE Directive) up for review and is asking citizens and interest groups for their feedback until September 22, 2023.
It concerns the identification of devices with critical raw materials and existing recycling practices. The feedback is crucial to uncover possible gaps in the implementation and enforcement of the directive. Depending on the results of this evaluation, the Commission may consider revising the directive.
You can submit your feedback online until September 22, 2023.
The EU Packaging Directive is evolving into the new Packaging and Packaging Waste Regulation (PPWR). The PPWR sets concrete targets to reduce packaging waste and promote recyclable packaging. Companies must increasingly integrate post-consumer recycled plastic (PCR) into their packaging. The "eco-modulation" of EPR systems rewards more sustainable packaging.
Schedules and regulations for implementation
If the new regulation is adopted, all packaging must be recyclable by 2030, and by 2035, companies must demonstrate that their packaging is recycled on a large scale. There are also time preferences for the "eco-modulation" of EPR systems.
The timeline for the PPWR is already underway. In November 2022, the proposal was published as an official draft act and is currently being discussed and analyzed by the EU co-legislators, the European Parliament, and the Council of the EU. A final version of the adopted text is expected to be available in 2024. This means that the PPWR could come into effect starting from 2025.
Impact of the PPWR on companies
The PPWR has implications for companies regarding the design and use of their packaging. Recyclability and the use of recycled material are increasingly demanded. Companies should prepare for the transition to meet the requirements.
If your company is a producer or distributor of packaging in Europe and you are unsure about the packaging regulations in individual countries, we are here to help. Simply contact us.
To ensure that you continue to receive an informative and appealing newsletter in the future, we look forward to your feedback. Please feel free to send me an email with your comments and suggestions for improvement.
