Does the waste management hierarchy apply to packaging in practice or in law? is one of the questions to be answered in a new position paper on "Packaging and the EU Directive on Waste", published by Europen and severeal other European organisations.

The Waste Framework Directive, adopted in 1975, is the 'umbrella' law for EU waste legislation. It is currently being revised and updated in line with the European Commission's Thematic Strategies on prevention and recycling of waste, and on the sustainable use of natural resources. A key element of EU waste management policy is the so-called waste management 'hierarchy'. But does it apply to practice?

The organisations` answer: "In a strict sense, no. When you consider the whole life-span of a package, the most environmentally sound way to deal with it after use will vary according to a number of factors. A study prepared for Europen ofers real-life examples of how the hierarchy has been implemented with respect to packaging in some European cities and regions. It inds that the best environmental options depend on factors such as geography, climate, demography, and the state of the waste management infrastructure. It goes without saying that waste management scenarios also have to be taken into account when a package is being designed.

"Legally-speaking, the question of how the hierarchy applies to packaging has been tested. The European Court of Justice ruled in 2004 that the Packaging and Packaging Waste Directive does not give preference to reuse over recovery (including recycling, energy recovery, etc.) of used packaging, hence there is no hierarchy of treatment options for packaging. In addition, the Waste Framework Directive says that the hierarchy applies to waste prevention and management legislation. ... Packaging and Packaging Waste Directive is more than a waste prevention and management law.

"In practice, preventing packaging waste (i.e. used packaging being disposed of in landill or by incineration without energy recovery) is of course a priority and the Packaging and Packaging Waste Directive says that only the minimum amount of packaging needed to ensure the safety and acceptance of the packed product may be used. Companies in the packaging value chain have together made huge advances over the past decade or more in making packaging lighter and thinner thus saving resources and, in the end, preventing waste. It also important to remember that packaging itself prevents waste by providing a means to protect and deliver products. It may

be that the environmental impact of using enough packaging to protect a product is lower than the environmental impact of product losses and waste caused by insuicient packaging."

Europen in its own words supports a policy where prevention of waste is the first priority and disposal to landfill is the least preferred method of dealing with waste. The best reuse / recovery options for packaging waste depend on many factors. Europen believes that flexibility must be available to waste management operators and local authorities to choose the best option depending on local conditions and circumstances.

More information on "Packaging and the EU Directive on waste: questions and answers" under europen.be.