In more detail
Growing concern about the impact of packaging waste on the environment has led to stricter sustainability regulations in recent years albeit at varying pace across regions and jurisdictions. At the forefront of packaging waste regulatory landscape is the recently approved EU Regulation on Packaging and Packaging Waste ("EU Packaging Regulation") with rules encompassing all types of packaging and packaging waste placed on the European markets. The EU Packaging Regulation will apply from 12 August 2026. Thai business operators exporting products to the EU will need to prepare for compliance with these rules. At the Thai national level, efforts to establish systematic and sustainable management of packaging waste are being seen through the development of the Draft Sustainable Packaging Management Act ("Draft Packaging Act"). In this newsletter, we will compare the EU and Thai regulations to highlight key concepts under both frameworks.
Continuing from our previous newsletter on key environmental legislation in the making, there have been minor revisions to the Draft Packaging Act as revised on 10 September 2024. One notable revision is that manufacturers' responsibilities under the bill have been narrowed and reframed as policy measures to be implemented by the government.
The draft also includes provisions regulating upstream, midstream and downstream packaging management. Upstream management will establish government measures to regulate the design of packaging materials, midstream management will introduce measures to influence consumer behavior, and downstream management will focus on managing post-consumer packaging waste. In comparison, many similarities can be observed between the Draft Packaging Act and the EU Packaging Regulation. The EU Packaging Regulation was recently approved by the European Parliament, it will replace the Directive on Packaging and Packaging Waste (Directive 94/62). Thai exporters to the EU must ensure that their products comply with the EU's rules once they become applicable.
Both the Draft Packaging Act and the EU Packaging Regulation adhere to international principles on packaging waste, namely the Waste Management Hierarchy Principle, the Life Cycle Management Principle, and the Polluter Pays Principle. They also impose similar obligations on consumers. Under both laws, consumers are required to separate used packaging from other types of waste. With regards to the obligations for producers, the Draft Packaging Act and EU Packaging Regulation require producers to register with the relevant government authority and collect used packaging for reuse and recycling. Under the former, producers must also submit a plan for responsible packaging management to the Pollution Control Department.
Business operators are encouraged to monitor the development of the Draft Packaging Act to ensure compliance when it comes into effect. Additionally, exporters to the EU should understand the product requirements under the EU Packaging Regulation, which will be officially adopted upon approval by the European Commission. To implement the legal requirements for packaging, business operators should revise their internal rules and processes, and ensure that their personnel are trained to comply with these requirements.
If you have any questions on the development on the abovementioned laws, please do not hesitate to reach out to us. We will be happy to assist on any questions you may have, as well as provide our assistance on the development of internal processes and rules in line with the relevant legal requirements.
* * * * *
Prim Uditananda, Regulatory Affairs Manager, Dhiranantha Rithmanee, Environmental Specialist, Muanjit Chamsilpa, Environment Specialist, and Chanata Kengradomying Chaivaivid, Knowledge Management and Business Development Support have contributed to this legal update.
