Most of us will have noticed over the last few months that our bottle caps have become mysteriously attached to the bottle. For some of us it is an irritating development and for others a welcome innovation that reduces litter.
The new plastic caps are just one in a series of measures being pursued by the EU under the EU Single Use Plastics Directive 2019. Plastic caps must remain attached to the bottle after opening on all beverage bottles, three litres and under, from July 2024 onwards. The aim of the ban is to reduce the amount of litter from bottle caps and increase recycling of plastic bottles.
For the food and beverage industry, the regulation presented new design challenges. Initially the proposal was heavily criticised by the food and beverage industry on the basis of cost and concerns that more plastic would in fact be required. However, the food and beverage industry has adapted. Coca-Cola, for example, has invested in new technologies and redesigned its bottling processes to comply with the new law.
The food and beverage industry will be required to rapidly adapt its packaging again, as by 2025, all plastic bottles sold in the EU must contain at least 25% recycled content, and by 2029, the EU aims to achieve a 90% collection rate for plastic bottles. Although the UK has left the EU, food packaging production takes place on a global scale and therefore we are likely to see this packaging across the UK and UK companies exporting into the EU will be required to comply.
The Packaging and Packaging Waste Regulation (PPWR) was adopted by the EU in April 2024 and aims to reduce packaging waste generation in Europe by mandating recyclability, minimising harmful substances, and cutting down on unnecessary packaging. It also specifies sustainability requirements for compostable labels and bio-based plastic packaging used for fruits and vegetables. Packaging for fresh fruit and vegetables, mini hotel toiletries and fast food in restaurants will soon be banned (remember the hysteria in the tabloid press over the end of hotel shampoo?).
Under the Northern Ireland Protocol, Northern Ireland (NI) partially follows the EU Single-use Plastics Directive which also prohibits certain single-use plastics from being placed on the market. This includes single-use plastic cutlery and plates, and beverage cups and food containers made of expanded polystyrene, which have all been banned across the EU and in NI since July 2021. It should be noted that the rules which apply in Northern Ireland are different to those applicable in England and businesses who operate in multiple jurisdictions need to seek specific advice on how to comply with the relevant national legislation.
It is clear that Packaging Waste and single use plastics will receive greater scrutiny and regulation over the coming years as we try to reach our recycling targets. Businesses will require specific legal and technical advice to ensure that they are ready for the rapid pace of change.
For legal guidance and advice regarding Packaging Waste Regulation, please contact Maria O’Loan or a member of our Environment and Planning team for more information.
While great care has been taken in the preparation of the content of this article, it does not purport to be a comprehensive statement of the relevant law and full professional advice should be taken before any action is taken in reliance on any item covered.
