BDE Bundesverband der Deutschen Entsorgungs-, Wasser- und Kreislaufwirtschaft e. V.

…17 February 2023 BDE Federation of the German Waste, Water and Circular Economy Management Industry and VOEB Association of Austrian Waste Management Companies Statement on the European Commission's Proposal for a Regulation on Packaging and Packaging Waste (COM (2022) 677) BDE-VOEB Brussels Office Rue de la Science 41 1040 Brussels Phone: +32 2 548 38 90 [email protected] Ref. Ares(2023)2146580 - 24/03/2023 BDE-VOEB Brussels Office 1 I. Abstract BDE Federation of the German Waste, Water and Circular Economy Management Industry and VOEB Association of Austrian Waste Management Companies welcome the Commission's Proposal for a Regulation on Packaging and Packaging Waste as a committed step towards a comprehensive circular economy in Europe. In the view of BDE and VOEB, the strengthening of packaging recycling is a significant contribution to greater sustainability and resource…

…the following points of criticism should be taken into account for the upcoming votes in Parliament and Council: 1. Due to the different levels of management of packaging waste in the Member States, a Regulation - compared to a Directive - entails a greater risk that individual Member States will lower the targets and thus, the level of protection, in the legislative process. Therefore, in addition to the legal basis of Article 114 TFEU (internal market), the Regulation should also be based on the legal basis of Article 191 TFEU (environmental protection), as this allows interested Member States to go beyond the Regulation and adopt stricter rules (Article 193 TFEU).

…as this allows interested Member States to go beyond the Regulation and adopt stricter rules (Article 193 TFEU). 2. BDE and VOEB call for the definition of chemical recycling and the classification of chemical recycling in the waste hierarchy below mechanical recycling but before other recovery to be anchored in the Waste Framework Directive. The Packaging Regulation should stipulate that the design of packaging with regard to recyclability (“design for recycling”) is based on mechanical recyclability and not on chemical recyclability. In addition, the parameters of the "Design for Recycling" criteria should already be presented in the Regulation itself.

…the parameters of the "Design for Recycling" criteria should already be presented in the Regulation itself. 3. Requirements for the mandatory use of reusable packaging should exist where an ecological assessment shows that reusable solutions are indeed ecologically more advantageous than single-use packaging. This does not fully apply to transport packaging, especially pallet wrapping (transport film). Therefore, the corresponding reusable specifications for transport packaging should be revised and the specifications for the use of reusable packaging should generally be subject to a life cycle assessment. BDE-VOEB Brussels Office 2

…the use of reusable packaging should generally be subject to a life cycle assessment. BDE-VOEB Brussels Office 2 4. To implement the minimum recycled content in plastic packaging, investments in the recycling industry are needed. In order to enable and secure these investments, the revision clause for the subsequent lowering of quotas should be fundamentally reviewed. Creating "monopolised" access rights of certain producers to recycling materials, as partly demanded, should be clearly rejected. 5. BDE and VOEB are of the opinion that only packaging that needs to be separated from the actual bio-waste with a lot of effort by consumers, should be made of compostable plastic polymers. The Commission should refer to the EN 13432 standard and work to ensure that the EN 13432 standard is formulated in such a way that the complete degradability of "biodegradable plastic" is guaranteed.

EN 13432 standard is formulated in such a way that the complete degradability of "biodegradable plastic" is guaranteed. 6. BDE and VOEB advocate making it mandatory for producers of single-use packaging waste to participate in collective producer responsibility organisations or systems for the collection of packaging waste close to households, in order to ensure comprehensive and efficient separate collection and recycling and thus enable extensive recycling. II. The provisions in detail In the following, BDE and VOEB analyse some of the key points of the proposed Regulation and evaluate them from the point of view of companies in the private waste management and recycling sector. 1. In general 1.1.

…them from the point of view of companies in the private waste management and recycling sector. 1. In general 1.1. Legal basis As the successor to the current Packaging Directive, the Packaging and Packaging Waste Regulation is to apply in principle to all packaging placed on the market within the European Union, and to regulate its entire life cycle, from production to end-of-life. In view of the proposed Regulation’s corresponding scale and its importance for the circular economy, sustainability, and resource protection, it should implement the highest possible level of protection for environmentally friendly packaging management.

…it should implement the highest possible level of protection for environmentally friendly packaging management. Given the great differences between the Member States with regard to the organisation and levels of management of packaging waste, there is a risk that the Commission's proposal will be watered down in the legislative process and that the desirable high level of environmental protection will be lowered. Due to its adoption as a Regulation and no longer as a Directive, some Member States could argue against a particularly high level of protection because of the leeway which is not (or no longer) given, when implementing EU BDE-VOEB Brussels Office 3 Directives into national law.

…leeway which is not (or no longer) given, when implementing EU BDE-VOEB Brussels Office 3 Directives into national law. To avoid this, and to enable Member States interested in a high level of protection to go beyond the level of protection of a Regulation, that may be "watered down" compared to the Commission Proposal, the proposed Regulation should be based on a further legal basis in the legislative process. The proposed Regulation has so far relied only on Article 114 of the Treaty on the Functioning of the European Union (TFEU) as a legal basis, which applies to measures having as their object the establishment and functioning of the EU internal market. Regarding the collection, reuse, and recycling of packaging, the Regulation also has a significant environmental dimension in terms of resource efficiency and protection, as well as in terms of pollution prevention.

…dimension in terms of resource efficiency and protection, as well as in terms of pollution prevention. This environmental dimension should be reflected in a second legal basis, namely that of environmental protection under Article 192 TFEU. With this second legal basis, Member States would have the possibility to go beyond the protection level of the Regulation at national level, to take stricter environmental protection measures. With a double legal basis, Member States would be allowed to independently adopt rules that go beyond the agreed level of environmental protection in accordance with Article 193 TFEU. This is even more important because a Regulation is binding in its entirety and directly applicable in the Member States. Thus, a level of protection which was weakened during the legislative process, would apply generally and irrevocably throughout the EU.

…protection which was weakened during the legislative process, would apply generally and irrevocably throughout the EU. In case of a Directive, Member States would have the possibility to go beyond the level of protection when implementing it into national law, because the goals agreed in a Directive are only minimum goals. àDue to the Proposal's version as a Regulation, in order to allow for national reinforcements of protection, the Proposal should be based on the legal basis for environmental protection under Article 192 TFEU in addition to the legal basis for the internal market under Article 114 TFEU. 1.2. Setting essential requirements through Delegated Acts BDE and VOEB are critical of the fact that, according to the Proposal, some essential requirements are to be adopted by means of Delegated Acts.

…of the fact that, according to the Proposal, some essential requirements are to be adopted by means of Delegated Acts. In its Proposal, the Commission has envisaged that several provisions will not be included in the Regulation itself, but rather in Delegated Acts. This concerns, among other things, rules on the limit values of certain substances in packaging (Art. 5(5)), the criteria for the recyclable design of packaging, and the financial participation of producers within the BDE-VOEB Brussels Office 4 framework of extended producer responsibility (Art. 6(4)), as well as the amendment or adjustment of the minimum percentage of recycled content (Art. 7(10)).

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…09.01.2026 BDE Federation of the German Waste, Water and Circular Economy Management Industry Statement on the Commission Delegated Decision supplementing Regulation (EU) 2025/40 of the European Parliament and of the Council by exempting certain economic operators that use pallet wrappings and straps from the 100% reuse requirements of these packaging formats BDE-VOEB Brussels Office Rue de la Science 41 1040 Brussels Phone: +32 2 548 38 90 [email protected] Ref. Ares(2026)234149 - 09/01/2026 BDE Brussels 1

…de la Science 41 1040 Brussels Phone: +32 2 548 38 90 [email protected] Ref. Ares(2026)234149 - 09/01/2026 BDE Brussels 1 1. General remarks The BDE – Federation of the German Waste, Water and Circular Economy Management Industry – welcomes the Commission’s draft Delegated Decision as an important and pragmatic step towards a comprehensive and functioning circular economy in Europe. Strengthening packaging reuse and recycling is a key contribution to sustainability, climate protection and resource conservation. This will only be possible through a consistent transformation from a linear to a circular economic model. Therefore, the BDE fully supports the waste hierarchy laid down in the Waste Framework Directive, including the principle of reuse taking precedence over recycling. However, this principle must be applied in a differentiated and evidence-based manner, as provided for in…

…provided that its requirements are ecologically meaningful and practically feasible.

…contribution in this respect, provided that its requirements are ecologically meaningful and practically feasible. 2. Exemption from the 100%-reuse obligation for pallet wrappings and straps Article 29(2) and (3) of the PPWR introduce a general obligation for economic operators that use transport packaging or sales packaging used for transporting products, in the form of pallets, foldable-plastic boxes, boxes, trays, plastic crates, intermediate bulk containers, pails, drums and canisters of any size or material, including flexible formats or pallet wrappings or straps for stabilisation and protection of products put on pallets during transport in the above mentioned formats, within the territory of the Union, between different sites on which the operator performs its activity, or between any of the sites on which the operator performs its activity and the sites of any other linked…

…is always reusable within a re-use system to ensure that this packaging is completely reusable as of 2030. As announced, the Commission has fulfilled its commitment to provide an exemption from the 100% reuse requirement for pallet wrappings. The BDE explicitly welcomes this proposed exemption. As set out in Recital 4 of the draft Delegated Decision, evidence shows that a transition to 100% reusable pallet wrappings and straps would require high initial investments to redesign packaging lines. Moreover, reusable solutions for pallet wrappings and straps, in particular for automated logistics processes, are not yet sufficiently developed or available at scale. A premature obligation could therefore BDE Brussels 2 disrupt supply chains and impose disproportionate costs on economic operators, especially those relying heavily on transport packaging.

…and impose disproportionate costs on economic operators, especially those relying heavily on transport packaging. 3. Evidence base and consistency with the Deloitte study The draft Delegated Decision is consistent with the findings of a Deloitte study commissioned by the European Commission. This study concludes that exemptions from the 100% reuse requirement for pallet wrappings are necessary, as reusable solutions currently face significant technical, logistical and economic challenges. While reusable pallet wrappings and straps can meet technical and safety requirements in principle, the study highlights that further innovation is needed and that only very few large- scale programmes currently exist. In particular, the use of reusable pallet wrappings in automated processes is not yet sufficiently mature. Furthermore, the overall environmental benefits remain unclear due to limited…

…where a comprehensive life-cycle assessment demonstrates a clear ecological advantage over single-use solutions. 4. Ecological assessment of plastic pallet wrapping From the BDE’s perspective, mandatory reuse requirements for transport packaging are in some cases neither ecologically sensible nor necessary. This applies in particular to plastic pallet wrapping films. In many EU Member States, the management of plastic pallet wrappings is characterised by largely closed-loop and well-functioning recycling systems. Waste from this type of transport packaging is generated predominantly in the commercial sector, collected almost completely, sorted by material type and recycled in a targeted manner. Plastic pallet wrapping films are already generally designed in line with “Design for Recycling” principles in accordance with Article 6 of the PPWR.

…are already generally designed in line with “Design for Recycling” principles in accordance with Article 6 of the PPWR. As a result, the materials used are kept in the material cycle with relatively low technical and energetic effort. By contrast, designing pallet wrappings as reusable packaging would require different materials and more robust designs. At end of life, such reusable packaging might only be recyclable to a much lesser extent, or only with significantly higher technical and energy input. Overall, the ecological balance of reusable transport packaging replacing recyclable single-use plastic films is therefore likely to be worse. BDE Brussels 3 In addition, reusable transport packaging would necessarily be heavier and more voluminous, leading to higher CO₂ emissions during transport and return logistics.

…necessarily be heavier and more voluminous, leading to higher CO₂ emissions during transport and return logistics. These aspects must be fully taken into account in any life-cycle assessment. 5. BDE-demands The BDE supports the Commission’s efforts to prevent packaging waste and promote reuse where it makes ecological and economic sense. The proposed exemption for pallet wrappings and straps from the 100% reuse requirement is therefore a necessary and proportionate correction within the PPWR framework. Since closed recycling cycles exist for pallet wrapping and the overall ecological balance of lightweight, easily recyclable and actually recycled film wrapping is likely to be better than that of reusable packaging solutions for transporting goods on pallets, the BDE is also calling for this transport packaging to be generally exempted from the reuse obligation under Article 29, i.e. not…

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