In our recent article, Packaging waste – an introduction to the producer responsibility obligations, we provided an overview of The Producer Responsibility Obligations (Packaging Waste) Regulations 2007, SI 2007/871 (PRO(PW)R 2007), by discussing fundamental questions such as:
- What is the producer responsibility principle?
- What is meant by a producer under the PRO(PW)R 2007?
- What is meant by packaging?
- What are the producer responsibility obligations under PRO(PW)R 2007?
- What are Packaging Recycling Notes (PRNs) and Packaging Export Recycling Notes (PERNs)?
- What is the purpose of compliance schemes?
Our first article in this series, Packaging waste – an introduction to the producer responsibility obligations, is worth reading to provide a useful overview and context before reading this article. This article will delve into more detail regarding the meaning of packaging waste under PRO(PW)R 2007. As a starting point, we must consider the definition of waste.
What is Waste?
Waste is generally defined as any item that is discarded. According to Article 3(1) of Directive 2008/98/EC (the Waste Framework Directive or WFD), waste is “any substance or object which the holder discards or intends or is required to discard.” This definition is further detailed in Articles 2, 5, and 6 of the WFD and has been widely interpreted by the Court of Justice of the European Union.
Post-Brexit, the Waste Framework Directive (2008/98/EC) continues to influence waste management in the UK, but with some adjustments. The UK has retained much of the EU’s waste management legislation through the Withdrawal Act and various statutory instruments. England and Wales maintain similar regulatory frameworks for producer responsibility concerning packaging.
What is Packaging Waste?
Under the PRO(PW)R 2007, packaging waste is defined in line with Article 3(2) of the Packaging and Packaging Waste Directive (Directive 94/62/EC or PPWD). Packaging waste includes any packaging or packaging material that meets the definition of waste in the WFD and excludes product residues.
Definition of Packaging
Packaging is defined as all products made of any materials used for the containment, protection, handling, delivery, and presentation of goods, from raw materials to processed goods, from the producer to the user or consumer. This includes non-returnable items used for the same purposes.
Types of Packaging
- Sales Packaging (Primary Packaging): Packaging that makes up a sales unit to the final user or consumer at the point of purchase.
- Grouped Packaging (Secondary Packaging): Packaging that groups a certain number of sales units at the point of purchase, which can be removed without affecting the product’s characteristics.
- Transport Packaging (Tertiary Packaging): Packaging that facilitates handling and transport of sales units or grouped packaging to prevent damage. This does not include road, rail, ship, and air containers.
Criteria for Packaging
Items are considered packaging if they fulfil the definition of packaging, even if they have other functions. However, if an item is an integral part of a product and is necessary to contain, support, or preserve that product throughout its lifetime, it is not considered packaging.
Examples of Packaging:
- Sweet boxes
- Film overwrap around a CD case
- Mailing pouches for catalogues and magazines
- Cake doilies sold with a cake
- Rolls, tubes, and cylinders for flexible materials (e.g., aluminum or paper)
- Flower pots used for selling and transporting plants
- Glass bottles for injection solutions
- CD spindles (not intended for storage)
- Clothes hangers sold with clothing
- Matchboxes
- Sterile barrier systems (e.g., pouches, trays)
- Beverage system capsules (e.g., coffee, milk)
- Refillable steel cylinders for various gases (excluding fire extinguishers)
Examples of Non-Packaging:
- Tea bags
- Flower pots intended to stay with the plant throughout its life
- Tool boxes
- Wax layers around cheese
- Sausage skin
- Clothes hangers sold separately
- Beverage system coffee capsules disposed of with the used coffee product
- Cartridges for printers
- CD, DVD, and video cases sold with the media inside
- CD spindles sold empty for storage
- Soluble bags for detergents
- Grave side lights (containers for candles)
- Mechanical querns integrated into refillable recipients (e.g., peppermills)
Packaging at the Point of Sale
Items designed and intended to be filled at the point of sale are considered packaging if they fulfil a packaging function. Examples include:
- Paper or plastic carrier bags
- Disposable plates and cups
- Cling film
- Sandwich bags
- Aluminum foil
- Plastic foil for cleaned clothes in laundries
Ancillary Elements
Packaging components and ancillary elements integrated into packaging are considered part of the packaging. Examples include:
- Labels hung directly on or attached to products
- Mascara brushes forming part of the container closure
- Sticky labels attached to another packaging item
- Staples
- Plastic sleeves
- Devices for measuring dosage forming part of the container closure for detergents
UK Government Guidance
In the UK, packaging is defined as any material used to hold, protect, handle, deliver, and present goods, from raw materials to finished goods. Examples include pallets, boxes, bags, tape for wrapping, rolls, tubes, and clothes hangers sold as part of the clothing item. Click here to view the UK Government Guidance.
If you are unsure whether your business is compliant, need assistance with registration, or want advice on managing your recycling obligations, contact James Edes or John Dyne for support.