APPLiA (Home Appliance Europe)

Position Paper | 01/03/23 Bld. Brand Whitlock 114 / B-1200 Brussels Franziska Decker [email protected] Packaging and Packaging Waste Regulation Proposal APPLiA’s Recommendations on the PPWR Proposal In light of the EU’s proposed Packaging and Packaging Waste Regulation (PPWR), APPLiA, the European association representing the home appliances industry, welcomes the initiative of the Commission to target the growing generation of waste and to contribute to the transition to a circular economy. To execute the underlying measures effectively, we have compiled several recommendations to be considered in further discussions. Please find below a detailed set of recommendations from the home appliance industry:

…in further discussions. Please find below a detailed set of recommendations from the home appliance industry: 1. A harmonised approach to support the Single Market It is critical to implement the PPWR in a harmonised way that focuses on keeping markets open and cross-border trade for products flowing. 2. A competent assessment on the reasonable implementation of reusable transport packaging We recommend applying such reusable targets only where it would make sense from the technical and environmental perspective, by means of thorough analyses based on feasibility studies, real-world circumstances, logistical considerations, potential effects on consumer health and safety, as well as goals for reducing food waste and safety standards.

…potential effects on consumer health and safety, as well as goals for reducing food waste and safety standards. 3. All requirements must be implemented with sufficient transition times A five-year implementation time as from the adoption of the implementing acts would be needed for our industry to cope with such new requirements. 4. The administrative effort for compliance must be appropriate As Original Equipment Manufacturers, the PPWR has to provide clear responsibilities for the economic operators. 5. Preference for digital solutions going forward We foresee a key opportunity to allow producers to provide relevant product information via digitally generated information/labels instead of paper versions.

…producers to provide relevant product information via digitally generated information/labels instead of paper versions. 6. A consistent approach with other EU legislation & policies The PPWR should be the only legislation regulating packaging to avoid confusion and double regulation. www.applia-europe.eu APPLiA Home Appliance Europe 1 Ref. Ares(2023)1554590 - 03/03/2023 APPLiA’s Recommendations on the PPWR Proposal 1. A harmonised approach to support the Single Market The move from a Directive to a Regulation for Packaging and Packaging Waste will ensure obligations will be implemented in a more harmonised way across the EU Member States and secure the functioning of the Single Market, which APPLiA strongly supports. It is critical to implement the PPWR in a way that focuses on keeping markets open and cross-border trade for products flowing.

…to implement the PPWR in a way that focuses on keeping markets open and cross-border trade for products flowing. In this respect, we welcome the safeguards foreseen in Article 4 on Free Movement. However, we would like to voice our concern over the inclusion of clauses in the text that permit Member States to keep or enact particular requirements at the national level (e.g. Art. 4.5 and Art. 45). Today, manufacturers of consumer products, which are present across different European markets, are facing a high number of national divergences when it comes to their packaging.

…across different European markets, are facing a high number of national divergences when it comes to their packaging. For instance, differences in packaging marking covering the same product is an existing reality if we consider the mandatory Triman logo and sorting instructions in France (that keeps out also Qr-code using), compared to the marking obligations in Italy and the related alpha-numerical codes (that encourage Qr-code using). Just recently, Bulgaria amended its Ordinance of packaging and packaging waste legislation, further obliging packaging marking to also comply with such codes. These latter examples stem from the fact that Member States transpose Directive 94/62/EC in a different manner, thereby weakening the European Single Market.

…that Member States transpose Directive 94/62/EC in a different manner, thereby weakening the European Single Market. If we consider the European Commission’s proposal, we take note that there would still be some flexibility for Member States to keep some of their national (packaging) rules, provided they would not infringe the Single Market (cfr. Article 114 TFEU). We therefore call on competent authorities to further avoid keeping such national flexibility, specifically when it comes to packaging marking, as different (and mandatory) labelling obligations (including sorting, collection and material composition) would de facto breach the Single Market i.e. not ensuring the free movement of such goods and their packaging.

…would de facto breach the Single Market i.e. not ensuring the free movement of such goods and their packaging. We also fear that keeping such a flexibility in the legislative framework would cause Member States’ competent authorities to close their minds to EU-harmonising requirements, consequently diluting the critical objective of switching from a Directive to a Regulation. We believe that the packaging policy area should develop and implement a strong and uniform Regulation, with EU-wide harmonised requirements being transposed in a consolidated manner across all relevant markets. In terms of future regulatory suggestions, the home appliance sector supports a strong dialogue between the EU Institutions and relevant stakeholders, prior to the setting of the packaging rules at the EU-level.

…the EU Institutions and relevant stakeholders, prior to the setting of the packaging rules at the EU-level. The specificities of all industries should be duly considered while setting up the legislative-backbone of packaging requirements, with the aim of covering sectoral complexities as much as possible. 2 APPLiA’s Recommendations on the PPWR Proposal 2. A competent assessment on the reasonable implementation of reusable transport packaging For the home appliance sector, the functionality of the packaging, meaning the protection of the product from physical damage and humidity (moisture), amongst others, would be the main focus during the packaging design process.

…physical damage and humidity (moisture), amongst others, would be the main focus during the packaging design process. Packaging is necessary to protect home appliances in the factory warehouses and during shipping, ensuring that the product is in good working order when it arrives at consumers homes, with a view of further ensuring their safety while using the equipment. Improper packaging could in fact cause damages to the purchased product, which could in turn harm householders. Thus, ensuring consumers safety through optimal protective packaging is a key priority for our industry. Aside from that, household products come in a variety of shapes and sizes, as well as with a collection of spare components. All of this must be considered while designing the packaging. Consequently, the future legislation should take into account this complexity as well.

…while designing the packaging. Consequently, the future legislation should take into account this complexity as well. Likewise, the definition of packaging as found in Recital 10 and Article 3 of the European Commission proposal would be wide enough to cover nearly everything, e.g. a pouch for a product. If not further clarified, this broad definition would affect our sector's accountability and r substantial efforts of compliance to the future PPWR. Clarity in this area is required for a good implementation process of the PPWR requirements. In general, reusable packaging has the potential to be more circular from a material usage standpoint. Transport packaging may include many different components: pallets, plastic straps, boxes, pallet wrappings. For some of these components, the reuse is technically very difficult, or even impossible.

…boxes, pallet wrappings. For some of these components, the reuse is technically very difficult, or even impossible. In light of achieving the reusable targets as found in the European Commission’s proposal, we warn that there may be an increased amount of greenhouse gas emissions associated with the manufacturing of a returnable (packaging) fleet, maintaining and returning such a fleet. The returnables are also heavier and hence may be more emissive to travel along the supply chain. Specifically, the reference to Annex II of Directive 2012/19/EU is not clear enough and is outdated as Annex II was applicable only during the WEEE transitional period.

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