Packaging labelling that indicates various environmental or recyclability credentials is becoming more and more of a hot topic, gaining importance as a policy tool while countries around the world start introducing mandatory labelling requirements. This is especially true in Europe, where the European Union (EU) is implementing new labelling rules which Member States will need to follow. With distinctive visual designs, labels can reach consumers in ways that wording alone cannot, and this is being leveraged to support countries in attaining their environmental and recycling goals. When it comes to environmental labelling, there are a whole host of different types of labels that exist to signal different messages, including an ever-growing list of voluntary schemes. These can apply to either the product being sold, the packaging that contains it, or both in some cases. Our focus will be on labels that specifically relate to the packaging itself, emphasising the mandatory requirements to follow within the EU and the United Kingdom (UK), to improve the general understanding on how to better comply with the regulations.
The EU Landscape
Across the EU, there are various regulations currently in place and due to come into force in the near term which directly stipulate certain requirements for labelling packaging with information about their recyclability and disposal. Firstly, the EU Directive 2019/904 (Single Use Plastic Directive) introduced harmonised marking specifications for certain single-use plastic products, which was applicable from the 3rd of July 20211. In terms of packaging items, this only applies to cups for beverages which need to be marked with the EU’s pictograms indicating that the product contains plastic and should not be littered.
Additionally, within the EU landscape, new important changes are due to come into the Packaging and Packaging Waste Regulations (PPWR)2 very soon, which are currently awaiting the Council’s formal approval before the law can come into force. Within this suite of new measures there are a set of specific labelling requirements for packaging which will need to be implemented in Member States within time frames ranging from 3 – 4 years from the date of the entry into force of this Regulation. Amongst these, producers and producer responsibility organisations will need to be actively involved in providing information to consumers on the prevention and management of packaging waste, including through labels that give instructions on discarding packaging waste, to facilitate recycling and re-use. Packaging placed on the market is to be labelled with information on its material composition using pictograms, which should be easily understandable, including for persons with disabilities. The European Commission intends to adopt further legislation to establish a harmonised label to be used 18 months after the date of entry into force of this Regulation, as well as specifications for the labelling requirements and formats which will need to be adhered to. These future implementing acts will also lay out rules on how packaging labels for recycled content and bio-based plastic content can be used.
Consumers should also be informed that packaging marked as compostable means under industrially controlled conditions, and is not suitable for home composting, as well as emphasising that no packaging should be littered. Digital means of providing this recyclability and re-use information, such as through QR codes, can be used to provide additional sorting information, or in certain cases where the nature and size of the packaging cannot host a physical label. This Regulation will also ban producers from using labels, marks, symbols or inscriptions that are likely to mislead or confuse consumers with respect to the sustainability requirements for packaging, other packaging characteristics or packaging waste management options.
This update to the PPWR regulation will apply to all packaging, regardless of the material used, and to all packaging waste, including that from both business and household waste streams.
France
With regulations in place since 2015, France has a longstanding relationship with requiring mandatory labelling for various packaging items. Since the 1st of January 2022, there have been new mandatory requirements in place following Article 17 of the French AGEC Law3 and implementing Decree no. 2021-8354, which now require companies placing products onto the French market to provide a label on their packaging with sorting or re-use instructions for consumers. Developed by French eco-organisation Citeo, one of two labels; Info-sorting and Info-reuse; must appear visibly and legibly on household paper and packaging5. A key component of both of these labels is the inclusion of the “Triman” logo. For single-use household packaging, the Triman logo needs to be accompanied by a pictogram and/or text identifying the packaging component, as well as the target disposal stream for it, and a tab with the letters “FR” for brands who sell internationally to indicate that the instructions apply to the French market. There are various rules on how to use the logo, which are explained in this guide from Citeo.
Glass packaging for beverages is exempt from the obligation to add a sorting label, however Citeo recommends adding them to encourage good sorting behaviour. The labelling obligation also only applies to packaging which is intended to be disposed of in households, and the labels are prohibited from being used on commercial packaging products. There are currently no mandated labelling requirements for business to business (B2B) packaging in France.
Packaging that is not compliant with these regulations may no longer be used in the French market, and this has been fully enforced since 9 March 2023. For non-compliance, a penalty of up to €15,000 for a legal entity will apply6, whereby each individual product item number identified as non-compliant will be considered a failure to comply.
Italy
In Italy, following Legislative Decree 116/20207, since the 1st of January 2023 it is mandatory to label packaging with information to support its collection, reuse, recovery and recycling, and to provide consumers with proper information on its final destination. Specifically, all packaging (including primary, secondary and tertiary) is required to carry labelling about its material composition using the alphanumeric code based on European Commission Decision 97129/EC8. For packaging that is intended for the consumer, and not the B2B channel, there is an additional labelling requirement to include instructions on how to correctly dispose of the packaging at the end of its useful life. The labels themselves do not need to be physical, as the regulations allow digital labels that consumers can access via a QR code to be used. There is not a mandated label that needs to be applied, and the regulations simply state that the packaging needs to be appropriately labelled in accordance with the applicable UNI technical standards and in compliance with the decisions of the European Commission. Given this room for interpretation, the Italian National Packaging Consortium (CONAI) has published guidelines to support the parties obligated by these labelling requirements9.
The requirements apply to producers, a term which encompasses suppliers of packaging materials, manufacturers, processors and importers of empty packaging and packaging materials, who have the obligation of labelling packaging with its material composition. The labelling requirements also extend to traders, distributors, fillers, users of packaging, and importers of filled packaging – as there is a penalty of between EUR 5,200 to EUR 40,000 for any party who places packaging on the market that does not bear the required environmental label.
Spain
In Spain it is crucial to be aware of the upcoming mandatory labelling requirements for packaging coming into force from the 1st of January 2025. The labelling requirements are being implemented through the Royal Decree 1055/2022 on Packaging and Packaging Waste10, which will apply to household packaging only and are intended to inform the consumer how to dispose of the waste at the end of its useful life. The main requirement for labelling packaging is the need to indicate the fraction or container in which to deposit the waste, whilst any reusable packaging will need to be indicated and marked with Spain’s deposit return scheme (DRS) symbol when it has been designed. Additionally, all compostable plastic is to be marked with the UN EN 13432:2001 standard, and any form of compostable packaging needs to be marked with “do not litter”. These markings must be clearly visible and legible on the packaging or its label, in a way that is durable. Alongside these labels to include, there is also a new ban on including words such as ‘environmentally friendly’ or similar phrasing that could lead to littering or mismanaged waste. The legislation leaves it up to each producer to decide how they wish to present this information, however the Spanish compliance scheme Ecoembes has a set of recycling symbols that are already in widespread use11.
The rules will apply to all manufacturers and importers of household packaging, and penalties for non-compliance may incur a fine ranging from 2,001 euros to 100,000 euros, with it being classified as a serious offence under Law 7/2022 on waste and contaminated soil for a circular economy12.
United Kingdom
The last country in Europe to touch on in terms of labelling is the UK. The current voluntary On Pack Recycling Label (OPRL) scheme is set to be replaced by a similar mandatory label for all packaging from the 1st of April 2027 as part of the new packaging Extended Producer Responsibility (EPR) system that will be implemented13. The new EPR system will replace the current Packaging Waste Regulations, and in their August Joint Engagement Forum the UK Government’s Department for Environment, Food and Rural Affairs (Defra) have indicated that the regulations for EPR are likely to come into force in January 202514. What is known on the labelling so far is that producers will need to use the ‘Recycle Now’ mark, alongside the wording of Recycle/Do Not Recycle to label all household and shipment packaging, and this will extend to online sales for any products in or to the UK.
Whilst countries in Europe may be setting the tone for mandatory labelling standards for packaging, there are notable examples of countries outside of Europe, for example the United States of America and Japan, who have some level of regulation surrounding labelling. We can expect to see this emerge further as a trend in future regulation as countries strive to meet their material recycling ambitions.
The rapid rate at which EPR regulations are evolving can be frustrating for businesses that seek to make sense of how they might be affected by a potential law. Ecoveritas has and will continue to keep track of and interpret EPR regulations, along with other environmental law impacting packaging, textiles, electricals, batteries, and wider sectors. Our exclusive Global EPR Matrix offers a unique insight into EPR laws that should educate you about your business’s obligations.
Get in touch with us today to learn more about our services. Please speak to one of our advisors today on +44(0)1865502176 or email us at info@ecoveritas.com
