In December 2024, the European Union (EU) wrapped up a lengthy process to develop new rules governing packaging and packaging waste, which officials see as a growing concern.
In a preamble to the regulation, the EU said, “High and constantly increasing quantities of packaging generated, as well as low levels of reuse and collection and poor recycling, present significant barriers to achieving a low-carbon circular economy.”
The new measures will require recyclability of packaging, restrict some single-use plastics, set minimum requirements for recycled content in packaging, and call for minimizing the weight and volume of packaging. The rules also call for phasing out chemicals such as perfluoroalkyl and polyfluoroalkyl substances (PFAS) and bisphenol A and designing packages so they can be reused as often as possible.
Proposed about three years ago and scheduled to take effect with first measures in August 2026, the new rules replace a directive first established in 1994. That directive largely left the issues up to individual countries—and created costs and uncertainty for packaging companies grappling with a fragmented regulatory structure.
The flexible packaging sector welcomes the step toward harmonizing rules on the continent, according to Guido Aufdemkamp, executive director of Flexible Packaging Europe, an industry trade association based in Düsseldorf, Germany. The association, which is the European counterpart to the Flexible Packaging Association (FPA) in the U.S., represents more than 85 flexible packaging manufacturers operating more than 350 plants and generating more than 19 billion euros in annual revenue, or about $20.5 billion.
There may still be some differences between countries, in part because they are at different stages when it comes to recycling and sustainability, Aufdemkamp says. “Some countries have to catch up more than others.”
Nonetheless, Aufdemkamp sees potential for the flexible packaging sector to expand due to the new regulation’s emphasis on minimizing the use of packaging.
An economist by training, Aufdemkamp recently sat for an interview with FlexPack VOICE® to discuss the changes underway in the 27-nation EU and the potential lessons for the industry in North America. The following Q&A has been edited for length and clarity.
FlexPack VOICE®: How has the 1994 directive impacted the growth and development of flexible packaging in the European Union?
Guido Aufdemkamp: The directive was kind of a general framework with minimum requirements, and that means that each member state has to do their own national legislation, and the rules diverged a lot. Some were a bit more, and others were less progressive. So, despite our single market in Europe, the treatment of packaging waste, including collection, sorting, etc., was and still is different. There were very minimum recycling rate requirements, and certain member states put them higher. Even the definition and calculation of the rates were different. And in certain countries, energy recovery was considered recycling.
FPV: How did flexible packaging companies adapt to the differences between countries?
GA: Flexible packaging was always a bit special, because to meet those general recycling rates, the so-called national extended producer responsibility (EPR) organizations always went for meeting the national targets in the cheapest possible way. That excluded collecting and treating flexible packaging because you could meet the targets by excluding flexibles and just focusing on the rigid mono-material solutions. That has changed and will change. More and more country organizations now collect all packaging, with a target of recycling as much as possible, not just the minimum. That obviously changes the cost structure, but brand owners are willing to pay higher EPR fees knowing that their packaging will be properly dealt with. Brand owners are really keen to have flexible packaging treated.
FPV: Did the flexible packaging industry feel there was a need for a change from a directive to a regulation?
GA: We were supportive of the regulation because flexible packaging benefits from the single market. As we all know, flexible packaging is so lightweight to transport. And it is shipped across Europe from manufacturers to customers. Having different legislation in each of the member states was just making things more complicated.
FPV: How is the new regulation different from the 1994 directive?
GA: It is automatically legislation in each member state. The member states do not have to transpose it into national law. It’s automatically legislation, which means there is more harmonization. I’m not saying it is harmonized, but there is much more harmonization. And contrary to the directive, the packaging requirements are essential and not voluntary. One of the main things for flexible packaging is the mandatory recyclability requirements that packaging has to fulfill by 2030. Also different is a requirement that recycled content can only originate from post-consumer waste.
FPV: As opposed to what other options or alternatives?
GA: There are also people using pre-consumer scrap and declaring that as recycled content, but that is not possible under the regulation.
FPV: What are some of the details that need to be filled in before the regulation takes effect?
GA: Basically everything. But one requirement that is quite complicated and essential is the mandatory recycled content for plastic in packaging. First of all, there is no recycling process, apart from chemical recycling, that is meeting the product safety requirements. It is not yet clear how plastic will be defined. Is it just the substrate, or will it include adhesives, inks, etc.?
FPV: Who is responsible for meeting the requirements?
GA: The legislation puts most of the obligation on packaging manufacturers, which are the companies that fill the packaging, because only when material is filled does it become packaging. That includes brands and producers of private-label products for retailers. So, that is why they have to work closely with the converters so they know what packaging materials are delivered and then what they will do with it afterwards.
FPV: How are brands and packaging companies preparing for the new regulations?
GA: It is stricter and more challenging to meet these requirements. But fortunately, the brand owners realize the importance of flexible packaging because, for some, there is almost no alternative. That’s why they are heavily supporting and cooperating with their suppliers, and you can only do it in partnership. What is also important is that the brand owners realized they should start projects early, rather than wait until it is almost the end. Any change of packaging material requires certain stability tests, testing on the filling line, etc. And if you are not prepared within the two years that everybody wants to change, then it is very intense. So, our member companies are making their customers aware and encouraging them to undertake projects for potential alternatives.
FPV: How has the recycling industry in Europe responded to the incoming regulation?
GA: It has really upgraded in terms of capabilities and technology. They are able to recycle much more than they could before. That also includes sorting technologies. So, a modern sorting center now sorts packaging of all kinds of substrates and materials.
FPV: Is the infrastructure in place to recycle flexible packaging completely?
GA: It is not in place all over Europe, but it’s more and more in place. And it is becoming more efficient. With each technology, the more you install, the more people are interested in it.
FPV: If the regulation plays out as intended, what will the European Union’s flexible packaging industry look like, say, in five or 10 years, and what will the recycling markets look like?
GA: The flexible packaging industry can gain market share due to the requirement of minimizing packaging use. And, obviously, flexible packaging is a champion of minimization and resource efficiency, and that can motivate brand owners to move from heavier to lightweight, flexible packaging. So, there are possibilities. And in five to 10 years’ time, I would even envision that we are not talking about recyclability anymore because all flexible packaging put on the market is being recycled.
FPV: In this transition, are there any lessons for the U.S. flexible packaging industry?
GA: When I just compare EPR schemes, which kind of went over to Canada and then moved into the U.S. via the coasts, I see a risk for operators in the U.S. that there is no federal legislation happening but diverging legislation appearing on the state level. That makes it more complicated for operators, both converters and their customers in the U.S. So, what we just have overcome in Europe is now happening in the U.S. It remains to be seen, but the EPRs that have already been installed seem to be quite different from each other.
FPV: Are there any educational efforts that you feel have been most effective in helping consumers understand the changing recyclability of plastic and flexible packaging?
GA: The consumer trusts the brand that the packaging is dealt with in a proper way, meaning recyclability and recycling. What is also part of the new regulation is mandatory, harmonized labeling, which will be put on each package so that the consumer is fully aware which bin to put their empty packaging.
Joel Berg is a writer and editor based in Pennsylvania.