CEN Packaging Standards
EUROPEN, the European Organization for Packaging and the Environment, on 22 February, 2005, welcomed EU publication of references to six CEN Packaging Standards as the final step of a more than 10-year-long process since adoption of the EU Directive on Packaging and Packaging Waste Directive (94/62/EC) in 1994. The references appeared in the Official Journal of the European Union on 19 February, 2005.
For packaging producers and packaged goods industries, this step has eliminated lingering legal uncertainty over whether or not packaging entering the EU market is in conformity with the Essential Requirements laid out in the Directive. Since January 1998 only packaging which complies with all Essential Requirements defined in the Directive could legally be placed into the EU market. Under the ``New Approach``, EU institutions agreed that technical harmonization issues such as compliance with the Essential Requirements would be progressed by delegating the responsibility of drawing up standards for this purpose to CEN. CEN completed its work in 2004 but recognition by the European Union was the final step necessary to confirm their status as EU harmonised standards.
The six standards were developed in response to a 2001 European Commission mandate to revise earlier standards prepared by CEN which were not completely accepted by the Commission. The new standards cover requirements specific to the manufacturing and composition of packaging, the reuse of packaging and the recovery methods of recycling, energy recovery and composting. The sixth standard, described as ``the umbrella standard``, explains the management systems approach to be used in the application of the other five.
The management systems approach adopted in the standards provides industry with a flexible method of demonstrating conformity but presents some challenges for regulatory authorities in interpreting them. EUROPEN foresees one task of industry as installing effective and transparent systems for demonstrating compliance which are sufficiently rigorous to satisfy member state regulators. While much work has been done in the development of such systems, notably in the Czech Republic, France, Sweden and UK, EUROPEN believes more work remains.
To help this process from industry`s side, EUROPEN published its benchmark guide to use of the standards in 1999. This is now under revision to take account of the recent changes. Alongside the EUROPEN guide other national and regional initiatives for guidance exist such as the innovative ``Optipak`` development from the Nordic countries and guidance notes published by authorities in France and the UK.
EU Directive on Packaging and Packaging Waste Directive (94/62/EC)
On 28 January, 2005, EUROPEN published comments on the progress of two studies on the implementation of the EU Directive on Packaging and Packaging Waste Directive (94/62/EC) . The studies, initiated by the European Commission, are for a report it must submit by mid-year to the European Parliament and European Council. One study, by consultancies Ecolas and Pira is considering the environmental aspects, and the other, by consultancies Perchards, FFact Management and SAGIS, is assessing the impact of the Directive on the internal market.
EUROPEN, which represents companies at all stages of the packaging chain, is especially supportive of two key points that have emerged from the studies which we believe should not be ignored by policymakers: the need to ensure that all member states enforce the Essential Requirements of the Directive, and the need to avoid being sidetracked from more important environmental issues by the long-running debate over the merits of reusable versus recyclable packaging.
The Ecolas/Pira study shows that France and the UK are the only two EU member states within the EU 15 to have made significant progress in enforcing the Essential Requirements, which as of January 1998 include a requirement that packaging weight and volume is limited to the minimum amount necessary. EUROPEN considers there should be no consideration of any additional prevention measures until member states have taken steps to address this lack of enforcement.
``We believe that if this took place, additional prevention measures which have been proposed, such as a packaging environment indicator (PEI) , would be unnecessary,`` said Julian Carroll, EUROPEN`s Managing Director. Both studies also emphasise the fact that there is very little difference between the environmental impact of reusable packaging and recyclable packaging. Over a long period of time, successive studies commissioned by both government and industry have continuously demonstrated this fact.
The introduction and maintenance of mandatory measures to promote reuse systems, despite the lack of environmental justification, has created many situations leading to trade barriers, as evidenced by the recent findings of the European Court of Justice in the case against Germany concerning its beverage packaging regulations.
