The recent publication of a a decree in the Journal Officiel in France has confirmed an extension on the use of styrenic packaging materials, including expanded polystyrene (EPS) and extruded polystyrene (XPS). Initially slated for a 2025 prohibition under the "Climate and Resilience" law, these materials can now be marketed until at least January 1, 2030. This extension aligns with the upcoming European Packaging and Packaging Waste Regulation (PPWR) and reflects a more gradual approach to enforcing recyclability requirements within the industry. Below, we break down the key developments and implications of this regulatory update.
Extension of Styrenic Packaging Use to 2030
The French "Climate and Resilience" law, enacted to advance environmental goals, originally included a ban on styrenic polymers and copolymers by 2025. However, a recent notice published in the Journal Officiel on 28 September 2024 formally postpones this prohibition to 2030, provided that the packaging complies with existing European regulations under the PPWR. This extension grants packaging producers and operators additional time to align with recyclability standards that will become effective in 2030 and 2035.
ELIPSO, the professional association for plastic packaging in France, and an EUMEPS member, has clarified this regulatory timeline based on an in-depth legal analysis. Contrary to certain interpretations suggesting a 2028 deadline, ELIPSO emphasises that 2030 is the definitive date for recyclability requirements to take effect. Until then, compliant styrenic packaging materials will not face prohibition.
Legal Foundations Under the PPWR
The PPWR provides a regulatory framework that supports the use of sustainable packaging across EU member states. Article 4 of the PPWR establishes a "principle of legality" for packaging materials that meet durability and recyclability standards. Under Article 4.2, EU member states cannot impose bans on packaging that conforms to these criteria. Additionally, Article 4.3 states that any national measures on sustainability must align with the PPWR's provisions, ensuring a harmonised approach to packaging regulations within the EU.
Specifically, Article 6 of the PPWR outlines recyclability standards that will come into force from January 1, 2030. By this date, economic operators will be expected to design packaging that meets recyclability criteria, while innovation is encouraged through a five-year grace period for new, non-compliant packaging under Article 6.10. This provision underscores the EU's commitment to fostering innovation within the sector while setting realistic timelines for compliance.
Legislative Developments: DADDUE Bill and Senate Examination
In parallel with the PPWR, the French government has introduced a DADDUE bill (Provisions for Adapting to European Union Law in Economic and Financial Matters) in the National Assembly. Although the proposed extension for styrenic packaging is not directly stated in the DADDUE text, it holds strategic importance in securing legislative backing.
The National Assembly is expected to conduct a first reading by the end of the year, with a Senate examination anticipated for the third week of January. To further support this amendment, Elipso is coordinating with legislators, including Bernard Pillefer (Union Centriste) and Jean-François Longeot, to build consensus. ELIPSO aims to facilitate co-signatures from other senators to ensure the amendment's viability and streamline its passage.
Industry Implications and Future Outlook
The 2030 extension offers packaging manufacturers a crucial opportunity to prepare for recyclability standards without disrupting current market practices. This decision reflects a balanced approach by EU and French lawmakers, aiming to enhance packaging sustainability without placing undue strain on the industry. With ample time to transition, stakeholders are encouraged to leverage this period to implement sustainable practices, adopt innovative recycling solutions, and align with the broader goals of a circular economy.
As the DADDUE bill progresses through legislative channels, ELIPSO’s active involvement will likely play a pivotal role in shaping the regulatory landscape for packaging materials in France. The outcome of this legislative process will determine the future framework within which the packaging industry operates, setting the stage for enhanced compliance with EU recyclability requirements by 2030.
Conclusion
The extension of the styrenic packaging ban to 2030 marks a crucial regulatory shift, allowing manufacturers additional time to adapt to recyclability standards under the PPWR. As EU and French authorities work towards a sustainable packaging future, this development underscores the importance of balancing regulatory ambition with practical timelines. Through its engagement with policymakers, Elipso continues to play an instrumental role in supporting the industry’s alignment with both French and EU environmental goals.