Plastic reuse or paper alternatives? Estonia’s packaging law sparks heated debate

23 Nov 2023 --- Estonia has updated its packaging legislation, tackling the consumption of single-use plastics and incentivizing reusable materials, rather than substituting single-use plastics with other single-use materials. Zero Waste Europe (ZWE) recently published a factsheet that embraces the law, but the European Paper Packaging Alliance (EPPA) says plastic should be replaced with paper alternatives.

In February, the Riigikogu (Estonian Parliament) passed the Waste Act, Packaging Act and Tobacco Act Amendment Act. The law came into effect in May of this year, except rules agreed in the EU’s Single Use Plastics Directive that will apply later or require a transition period. 

The law sets an overall target of reducing the consumption of single-use plastic drinking cups and food packaging in Estonia, compared to 2022, by 2026. This includes all single-use plastic drinking containers with a cap or lid that are either filled at the point of sale or sold separately for personal use. The law specifically targets containers for ready-to-eat food or food that can be eaten on-site — anything that does not require additional cooking, boiling or heating. 

Matti Rantanen, director general at the EPPA, comments on the law, saying it is crucial to remember that “if you get rid of single-use plastic food containers and replace them with multiple-use plastic containers, you have not solved any single environmental issue, in fact, depending on the usage of that plastic you may have even created a bigger one.”

“It’s key to distinguish between different types of single-use materials. Paper packaging, made from renewable resources, offers an environmentally friendly solution. Its use aligns with circular economy principles, balancing ecological concerns with practicality and hygiene in food service.”

Estonia’s reuse law specifically targets containers for ready-to-eat food.Public events restrictions 
ZWE highlights that one of the most important features of the Estonian law is that, as of January 2024, only reusable containers and cutlery for serving food and drinks at public events will be allowed. This requirement does not mean that drinks sold at public events should be packaged in reusable bottles, but rather that, for example, if the drink is poured out of the bottle, a reusable cup or other reusable beverage container must be used, clarifies ZWE.

When organizing public events, it will be forbidden to use food packaging made of expanded polystyrene to serve ready meals, styrofoam beverage packaging, polystyrene drinking cups and single-use plastic cutlery (knives, forks, spoons, chopsticks), plates, drinking straws, stirrers and balloon stems.

Single-use biodegradable or bio-based plastic products will also be prohibited under the law.

Furthermore, products partially containing plastic are also subject to this ban (for example, a cardboard plate covered with a layer of plastic). An important definition outlined in the law is that if a product is made of cardboard but covered with a layer of plastic, it will be classified as a plastic product and subject to the restrictions now enforced in Estonian law.

In its factsheet, ZWE says that since Estonia’s measures have mostly only come into force in recent months, it is too early to provide data on their impact. Yet the examples from Estonia, and especially its capital Tallinn, provide further evidence of the importance of proper regulation to accelerate the transition to reuse.

Strong legislation, like the one detailed in this factsheet, provides clarity to cities and businesses, with a harmonized framework and strong economic incentives for actors to transition to reuse models and infrastructure, asserts ZWE.

“In the coming years, we expect the learnings from Tallinn (and elsewhere in Estonia) to help inform the smart design and replication of similar regulations and the further adoption of reuse systems across Europe,” says the environmental network. 

Is paper the solution?
Reuse and paper packaging both have a place in the foodservice sector, but decisions should be made through robust life cycle analyses and real-world data rather than through “ideological” means, asserts Rantanen.Paper packaging offers an environmentally friendly solution to plastic, says Rantanen.

“Reusable packaging is more complex because of the necessary washing phase and logistics. This complexity comes with higher environmental impact, higher costs and burdensome processes for operators and customers,” he explains.

“If you want to reduce the impact of this complexity, you need to focus reuse on business-to-business processes rather than business-to-consumers. For the quick-service-restaurants  sector this means focusing reuse upstream in the kitchen rather than downstream on the customer.”

Rantanen highlights that paper fiber can be recycled up to 25 times and is far easier to recycle than plastic alternatives. “The most recent Eurostat data shows that 82.5% of paper packaging in the EU is recycled, and many member states long ago exceeded the EU’s 2030 target of 85%,” he says.

“In contrast, plastic was flagged as the least recyclable material, with a dismal 39% recycling rate. Focusing on improving recycling systems, instead of promoting alternatives that most of the time are made of non-recyclable rigid plastic, would help us increase this rate even further.” 

The questions of reusable plastic?
Seán Flynn, ZWE’s media outreach and communication officer, responds to Rantanen saying the fact sheet covers the topic of using reusables at public events, defined as “an entertainment event, competition, show, trade event or other similar gathering of people that is not a meeting, which takes place in a public place and is open to the public.’” 

When organizing public events, Estonia’s packaging law forbids food packaging made of EPS to serve ready meals.Flynn says public events also include cinemas, theaters and other events held in a public space that are open to the public. “In most cases, replacing materials at events according to EPPA’s wishes may not be practical, as paper is not the preferred option when reusable plastic cups or inert materials such as ceramic cups and stainless steel cutlery can be used instead.”

“Nevertheless, what EPPA has to say in a general sense is understandable, considering its business models rely so heavily on single-use items. However, they fail to offer a credible plan to reduce packaging waste, which is the main purpose of Estonia’s new law.”

Recycling out of the waste crisis?
Flynn says that EPPA’s assertion that paper is an environmentally friendly solution appears “highly questionable.” 

The latest Eurostat data on packaging waste, published in October 2023, reaffirms this upward trend with a new record of 188.7 kg per capita in 2021, notes ZWE’s communication officer, indicating a 6% increase in waste generation within one year. 

With recycling rates stagnating since 2010, inaction at the EU level cannot be acceptable, especially since packaging waste is projected to increase by 19% by 2030, asserts Flynn. “We cannot recycle our way out of a waste crisis.”

“Our findings are based on extensive research, including studies conducted by NGOs and industry experts, and JRC research and the European Commission’s own impact assessment.”

“The EU waste hierarchy also emphasizes the importance of both reuse and recycling in tackling packaging waste. It is clear that relying solely on recycling has not been effective in the past, with recycling rates stagnating since 2010,” concludes Flynn.

By Natalie Schwertheim