PACKAGING (ESSENTIAL REQUIREMENTS) REGULATIONS 2003, AS AMENDED

These regulations stipulate certain environmental design requirements for packaging.  

These regulations implement EC Directive 94/62/EC. They establish four main ‘essential requirements’ relating to the design of packaging:  

• packaging must be limited to the minimum amount of material required to maintain the  necessary level of safety, hygiene and consumer acceptance without damaging the functionality of the product;
• packaging must be manufactured so that the presence of noxious and other hazardous substances is minimised in emissions, ash or leachate from waste management operations;
• packaging must be designed, produced and commercialised in such a way as to permit its recovery through at least one of the following methods; material recycling, incineration with energy recovery, composting or biodegradation, packaging may be designed, produced and commercialised for re-use; and
• the combined concentrations of heavy metals in packaging including lead, mercury, cadmium and hexavalent chromium must not exceed 100ppm.

Those obligated (e.g. packer/fillers, brand owners and product importers) must keep technical documentation showing compliance with the regulations for four years following the placing of the packaging on the market. Trading Standards Officers, who can inspect compliance documentation, enforce these regulations. They may issue enforcement notices prohibiting the supply of packaging that does not comply with the regulations. 

a 2009 amendment implements decision 2009/292/EC which provides a derogation from heavy metal concentration in plastic crates and pallets.

Applicability

This legislation is applicable to all of Ardagh's sites within Great Britain.

Ardagh produce glass bottles, which are used as packaging for liquid products. Ardagh therefore has a responsibility  under these Regulations to ensure that their products are tested for heavy metal content before being placed on the market.

Ardagh has a derogation for heavy metals in the glass, with a threshold level of 200ppm; the company representative has reported that this threshold is never met or exceeded.

The company must also ensure that no excess material is being used in their packaging products and that these products can be recycled.

Related Aspects
Packaging Waste Cardboard Waste Packaging