Packaging and Product Stewardship:  "A Summary of International Regulations and Policies (2006)" By Helen Lewis

The Sustainable Packaging Alliance (SPA) released its report “Packaging and Product Stewardship: A Summary of International Regulations and Policies (2006)”, a user friendly reference to help companies identify and understand environmental legislation impacting packaging design in 34 countries. The report is also a useful reference for policy makers, providing a fast track method to compare and reference regulatory frameworks around the world and a useful resource for educators and researchers.

Trends in Packaging Environmental Regulations 

Internationally, the environmental impacts of packaging are subject to an increasing number of government regulations and co-regulatory agreements. These regulations are quite varied and in an increasingly global marketplace companies that manufacture or use packaging need to stay up to date on regulatory trends which are driving change in the way that packaging is designed, used and managed at end-of-life and their legal obligations.

One of the key changes is a shift to ‘product stewardship’ – the idea that companies need to share responsibility for reducing the impact of products on the environment over their total life cycle. For many companies this represents a big shift in the way that they think about packaging. It means doing more than simply ensuring that their manufacturing and distribution operations have minimal impacts on the environment. It requires them to look at the impacts of their supply chain, and to work closely with suppliers to implement environmental improvement programs. It also requires them to design products which use materials and energy as efficiently as possible, avoid use of toxic or hazardous substances, and which are recoverable at end-of-life.

While the ‘shared responsibility’ model is preferred in Australia, New Zealand and the U.S., regulations which place physical or financial responsibility for waste management on producers (‘Extended Producer Responsibility’ or EPR) are more common in Europe. Container deposits for beverage containers and eco-taxes on all packaging materials are also common policy tools. Some current or proposed schemes, including an announcement that the Dutch Government is planning to substantially increase deposits on non-reusable containers, are being contested by the packaging industry on the basis that they will restrict internal competition in the European market[i].

A range of packaging regulations including take-back requirements, recycling targets, mandatory recycling fees or restrictions on certain materials (e.g. PS foam or PVC) have been introduced in parts of Asia including China, Japan, South Korea and Taiwan.

Europe

Product stewardship is being driven by increasingly stringent regulations and policies. The first country to introduce ‘extended producer responsibility’ (EPR) regulations was Germany, when it introduced the Ordinance on the Avoidance of Packaging Waste in 1991. EPR makes the brandowner or importer primarily responsible for the recovery of packaging. Other countries began to follow with similar regulations, and the European Commission responded to the need for harmonization by introducing the Packaging and Packaging Waste Directive in 1994 (amended 2004). Even the Netherlands, where packaging covenants negotiated with industry provided the model for Australia’s own National Packaging Covenant (NPC) recently introduced EPR legislation in their place (Decree on the Management of Packaging, Paper and Board, March 2005).

Australasia

Closer to home, the NPC in Australia and the Packaging Accord in New Zealand both promote product stewardship in the packaging supply chain through voluntary agreements and action plans. In the case of the NPC, these agreements are supported by legislation to penalise non-participants and non-performers. With the deadline now passed for companies to re-sign the NPC, state and jurisdictional governments have begun enforcement procedures.

Also in Australia, at their June 2006 meeting the Environment Protection and Heritage Council (EPHC) reaffirmed its commitment to phase out single use, lightweight plastic bags by the end of 2008[i]. Victoria decided to get in first by announcing a ban on plastic carry bags from 1 January 2009 with an exemption for retailers who charge a minimum levy of 10 cents.

Asia

Japan has chosen the EPR option with its Packaging Source and Separation Law (1995), which makes manufacturers responsible for recycling plastic containers, glass, paper cartons and paperboard boxes. In China a central government order in 1999 requires all large and medium sized cities to ban the sale of foam plastic dishware by the end of 2000, although enforcement appears to be patchy. Many Chinese municipalities have adopted recycling mandates or bans for certain food packaging materials, including Beijing.

SPA Report on Packaging Regulations

These are just some of the regulations and policies covered in the ‘Packaging and Product Stewardship’ report which was released by SPA in early 2006. The report provides a brief summary of each regulation and web links for further information where these are available. It covers the European Commission as well as individual European countries; Australia; New Zealand; Canada; the United States as well as many individual states; Brazil; China; Japan; Malaysia; Singapore; South Korea; India; Bangladesh; Taiwan; and South Africa.

The range of policies covered by the report includes EPR regulations, voluntary agreements, Container Deposit Legislation, targets, product bans and eco-taxes.

The 36-page report can be purchased from SPA for $80 plus GST.