Prihodnost embalaže v načrtovanem krožnem gospodarstvu Evropske unije

slovenian

2023

Inštitut za primerjalno pravo pri Pravni fakulteti v Ljubljani IPP-PF
(Obvezni izvod spletne publikacije)

In this paper, the author presents the problem of increasing amounts of packaging waste, whose negative impact on the environment is not limited to pollution, but, in the absence of effective recycling systems, also means increased exploitation of primary natural resources. The global economy is limited in its exploitation of natural resources due to the decades-long over-exploitation of the environment, which continues today under the linear capitalist economic system. The EU’s main efforts include the transition from a linear to a circular economic system, which is also linked to the implementation of the established UN Sustainable Development Goals. The vision of packaging in a circular economy has already been set out in the EU’s 2015 and 2018 Strategy Acts, and in November 2022, the European Commission published a proposal for an EU Regulation on packaging and packaging waste, which would comprehensively overhaul the EU’s regulation of packaging and the management of packaging waste. Unlike the current Directive 94/62/EC, the proposed regulation would address all areas within the life cycle of a packaging product: designing packaging for recycling, to include the use of recycled materials and the prohibition of surplus packaging; extending the shelf life of packaging through reuse or refill systems; and solutions for packaging waste management, with the emphasis on the institute of extended producer responsibility for packaging. The author presents the main solutions contained in the proposal and concludes with a discussion of the current issue of the constitutionality of the producer responsibility system for packaging waste in the Slovenian legal order.

27.05.2026