UK's push to rejig European pack laws destined for failure

The government looks set to fail in an attempt to persuade the European Commission to reform laws on packaging minimisation.

It has emerged that former environment secretary David Miliband wrote to European environment commissioner Stavros Dimas in late May, as the government published its Waste Strategy for England, asking for changes to the wording of the Packaging (Essential Requirements) Regulations.

Government officials also visited Brussels to state the case that the regulations needed to be tightened so authorities could take action against so-called 'excessive' packaging. There have only been four successful prosecutions under the regulations in the UK.

Miliband said "subjective criteria" in the regulations, including references to 'consumer acceptance' and 'product presentation and marketing', made enforcement difficult.

"You may like to consider whether the Commission should review these provisions, so that member states' authorities can take more effective enforcement action against clear cases of excessive packaging," he wrote.

A Commission spokeswoman said the regulations could only be changed during the next revision of the Packaging and Packaging Waste Directive.

But no date has been set for this revision and the Commission has already concluded that packaging targets for 2009 to 2014 should be maintained at current levels.

The spokeswoman also said it was "impossible to state today whether there will be a need to revise the targets going beyond 2014".

The UK's points may, however, be on the agenda of the next meeting of the Commission's Article 21 technical committee, which is due to take place on 5 September.

Julian Carroll, managing director of the European Organisation for Packaging and the Environment, said the Commission was in "no mood" to change the regulations as it would mean reopening the Packaging Directive and would need the approval of 27 member states.

Packaging Federation chief executive Dick Searle also slammed the government's efforts, saying: "If you remove consumer acceptance, that means minimal packaging. It would be like a command economy."

Rodney Steel, chief executive of the British Contract Manufacturers and Packers Association, said that in many cases "packaging is the product".

"Would the government propose that Easter eggs should be 'adequately' packaged in a stout paper bag filled with crumpled newspaper or would they prefer to ban Easter altogether?" he asked.

"The industry's investment in packaging design and innovation deserves applause – not legislation and accusations of 'get-outs'."

The Industry Council for Packaging and the Environment also pointed out that official figures show that packaging has grown by less in the UK and France, the two countries that have enforced the regulations, than in the other 15 main member states.
Source: packagingnews