ANAIP · Trade and business associations · ES
ANAIP Proposed Amendments to Regulation EU on packaging and packaging waste - April 24th, 2023 1 Kindly note the following important instructions when completing the table: • Do not delete any lines or squares from the table; • Do not insert any new lines or squares; • Insert your comments into the 2nd and 3rd columns of the table only, in the line/square corresponding the provision concerned. • For drafting suggestions please highlight amendments in bold and deletions in bold strikethrough You are free to change header/footer of the attached file as you wish - but please keep the table intact.
…strikethrough You are free to change header/footer of the attached file as you wish - but please keep the table intact. Commission proposal Drafting Suggestions Comments 2022/0396 (COD) REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on packaging and packaging waste, amending Regulation (EU) 2019/1020 and Directive (EU) 2019/904, and repealing Directive 94/62/EC Recitals (6) Plastic packaging is the most carbon- intensive material and, in terms of fossil fuel use, recycling of plastic waste is approximately five-times better than incineration with energy recovery. Just as the European Strategy for Plastics states, CEAP commits to increase uptake of recycled plastics and contribute to the more sustainable use of plastics. The Union budget and the system of own resources contribute to reducing pollution from plastic packaging waste.
The Union budget and the system of own resources contribute to reducing pollution from plastic packaging waste. As of 1 January 2021, the Council Decision (EU, Euratom) 2020/2053 of 14 December 2020 on the system of own resources of the European Union introduced a (6) Plastic packaging is the most carbon- intensive material and, in terms of fossil fuel use, recycling of plastic waste is approximately five-times better than incineration with energy recovery. Just as the European Strategy for Plastics states, CEAP commits to increase uptake of recycled plastics and contribute to the more sustainable use of plastics. The Union budget and the system of own resources contribute to reducing pollution from plastic packaging waste.
The Union budget and the system of own resources contribute to reducing pollution from plastic packaging waste. As of 1 January 2021, the Council Decision (EU, Euratom) 2020/2053 of 14 December 2020 on the system of own resources of the European Union introduced a This is a false claim. Plastic is the most resource efficient material. Any other packaging material uses more resources and produces more CO2 and waste. Only between 4 and 6% of fuel and gas consumption in Europe go to the production of plastics. CO2 emissions and consumption of resources are lower than other materials. (source: The impact of plastic packaging on life cycle energy consumption and greenhouse gas emissions in Europe – https://denkstatt.eu/publications/) Ref.
…on life cycle energy consumption and greenhouse gas emissions in Europe – https://denkstatt.eu/publications/) Ref. Ares(2023)2889967 - 24/04/2023 ANAIP Proposed Amendments to Regulation EU on packaging and packaging waste - April 24th, 2023 2 Commission proposal Drafting Suggestions Comments national contribution that is proportional to the quantity of plastic packaging waste that is not recycled in each Member State. This own resource is part of incentives to reduce the consumption of single-use plastics, foster recycling and boost the circular economy. national contribution that is proportional to the quantity of plastic packaging waste that is not recycled in each Member State. This own resource is part of incentives to reduce the consumption of single-use plastics, foster recycling and boost the circular economy.
…part of incentives to reduce the consumption of single-use plastics, foster recycling and boost the circular economy. To understand the true carbon footprint and overall sustainability performance of different packaging materials, a science-based methodology that links circularity, leakage elimination, and carbon footprint, quantifying the entire direct- and indirect-carbon impact from end to end of the value chain has to be considered. (26) To ensure packaging circularity, packaging should be designed and manufactured in such a way as to allow for the increased substitution of virgin materials with recycled materials.
…and manufactured in such a way as to allow for the increased substitution of virgin materials with recycled materials. The increased use of recycled materials supports the development of the circular economy with well- functioning markets for recycled materials, reduces costs, dependencies and negative environmental impacts related to the use of primary raw materials, and allows for a more resource-efficient use of materials. In relation to the different packaging materials, the lowest input of recycled materials is in plastic packaging.
In relation to the different packaging materials, the lowest input of recycled materials is in plastic packaging. In order to address these concerns in the most appropriate manner, it is necessary to increase the uptake of recycled plastics, by establishing mandatory targets for recycled content in plastic packaging at different levels depending on the contact-sensitivity of different plastic packaging applications and ensuring that the targets become binding by 2030. In order to incrementally ensure packaging circularity, increased targets should apply as of 2040. (26) To ensure packaging circularity, packaging should be designed and manufactured in such a way as to allow for the increased substitution of primary raw virgin materials with recycled materials.
…in such a way as to allow for the increased substitution of primary raw virgin materials with recycled materials. The increased use of recycled materials supports the development of the circular economy with well-functioning markets for recycled materials, reduces costs, dependencies and negative environmental impacts related to the use of primary raw materials, and allows for a more resource- efficient use of materials. In relation to the different packaging materials, the lowest input of recycled materials is in plastic packaging. In order to address these concerns in the most appropriate manner, it is necessary to increase the uptake of recycled plastics, by establishing mandatory targets for recycled content in plastic packaging at different levels depending on the contact-sensitivity of different plastic packaging applications and ensuring that the targets become binding by 2030.
…of different plastic packaging applications and ensuring that the targets become binding by 2030. In order to incrementally ensure packaging circularity, increased targets should apply as of 2040. In 2022, there has been a great increase in the use of paper/cardboard-based packaging for beverage and non-beverage applications. These packagings are composite packaging made of multi materials, for example combining paper and aluminum with a thin plastic film, for which there is no established recycling capacity at the European level and, once becoming waste, impair the recycling processes of paper and plastic recycling. These packaging are also advertised as sustainable and recyclable, representing a bold example of greenwashing to consumers.
…packaging are also advertised as sustainable and recyclable, representing a bold example of greenwashing to consumers. To avoid market disruptions and shift to less environmentally performing packaging, the Regulation should establish consistent and specific targets on recyclability and recycled content for all materials used in packaging. This holds particularly true for multi-material packaging that includes plastics, according to the SUPD guidelines. ANAIP Proposed Amendments to Regulation EU on packaging and packaging waste - April 24th, 2023 3 Commission proposal Drafting Suggestions Comments Increasing recycled content targets for other materials used for packaging, such as paper and cardboard, have to be introduced in parallel to avoid unnecessary materials’ market shifts.
…such as paper and cardboard, have to be introduced in parallel to avoid unnecessary materials’ market shifts. (29) In order to prevent barriers to the internal market and ensure the efficient implementation of the obligations, economic operators should ensure that the plastic part of each unit of packaging contains a certain minimum percentage of recycled content recovered from post-consumer plastic waste. (29) In order to prevent barriers to the internal market and ensure the efficient implementation of the obligations, economic operators should ensure that the plastic part of each unit of packaging contains a certain minimum percentage of recycled content (EN ISO 14021) recovered from post-consumer plastic waste as an average per economic operator on the market on the territory of that Member State. We consider better to use the definitions and concepts given in EN ISO 14021.
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…1 ANAIP welcomes the European Commission’s proposal to exempt plastic wrappings and straps from the 100% reuse targets of article 29(2) and (3) of Regulation (EU) 2025/40. This proposed exemption is needed from a technical, environmental and economic point of view. Many different industrial, medical and agricultural sectors in Spain support this measure and ask for the exemption also of the point 1 of the article 29, explained later. They consider it not feasible to maintain the level of safety with the target set in point 1, as indicated in the letter to Spanish authorities, included in the Annex. The exemption must be permanent and complete (100%), not time-limited nor conditional on any future tightening of regulatory requirements. Stretch films and stretch straps are transport packaging designed to ensure the stability, hygiene, and protection of goods during transport and storage.
…transport packaging designed to ensure the stability, hygiene, and protection of goods during transport and storage. Any future reduction in the use of stretch films and disposable strapping would have serious negative consequences for food and other products safety, would undermine the achievement of EU environmental objectives, and would increase food waste. From secure transport, safety and hygiene perspective, stretch films act as a key protective barrier during transport and storage. In fact, it correctly reflects the current lack of viable and sustainable reusable alternatives and the disproportionate adaption costs related to the packaging lines for the operators.
…reusable alternatives and the disproportionate adaption costs related to the packaging lines for the operators. While supporting the proposed delegated Decision, we emphasize the need to exempt plastic wrappings and straps also from the reuse obligations outlined in Article 29(1): In accordance with the procedure set out in Article 29(18) of Regulation (EU) 2025/40: We strongly urge the Commission to assess the exemption from Article 29(1) (40% Re use targets) for plastic wrappings and straps, considering: Ref.
…to assess the exemption from Article 29(1) (40% Re use targets) for plastic wrappings and straps, considering: Ref. Ares(2026)225476 - 09/01/2026 2 - The latest scientific and economic data and developments1 that have highlighted considerable environmental and cost implications when comparing reusable alternatives with single-use plastic pallet wrapping: o The Life Cycle Assessment (LCA) conducted by IFEU shows that pallet wrap film has the lowest environmental impact compared to other solutions. o The Economic Impact Study by RDC estimates an additional annual cost of €4.9 billion across eight key industrial sectors. SMEs are the most affected, and companies are forced to maintain dual systems (reuse for intra-EU trade and single use for exports).
…most affected, and companies are forced to maintain dual systems (reuse for intra-EU trade and single use for exports). - The possible side effects associated with the transport of packaging towards non- EU countries, taking into account that the reuse obligation in a reuse system will apply only within the Single Market (e.g., the need to maintain dual packaging lines to accommodate both reusable and single-use formats depending on destination/origin, as well as related operational costs, timelines, and staff training requirements). Moreover, there are currently no standardised, high- speed, automated reusable pallet-wrapping solutions available at industrial scale that could replace existing single-use systems across sectors.
…pallet-wrapping solutions available at industrial scale that could replace existing single-use systems across sectors. Existing reusable concepts rely either on manual processes or on highly constrained, site- specific logistics arrangements and are incompatible with the automated, high- throughput end-of-line operations widely used in European manufacturing and distribution. - Pallet wrapping is essential to ensuring load-unit stability and transport safely throughout palletised supply chains. According to the European Safe Logistics Association (EUMOS), manually applied reusable sleeves examined in the Deloitte feasibility study fail, under normal operating conditions, to meet the EUMOS 40509 load-stability standard when applied to heavy and irregular palletised loads.
…conditions, to meet the EUMOS 40509 load-stability standard when applied to heavy and irregular palletised loads. Automated single-use pallet-wrapping systems, on the other hand, deliver a consistent and verifiable level of load-unit stability that aligns with established safety requirements2 - The reusable alternatives assessed are not recyclable under current conditions, despite recyclability being a requirement under Article 6 of the PPWR, which raises additional concerns regarding their regulatory suitability. Furthermore, the impossibility of achieving the targets set out in point 29(1) is added, due to the established measurement system. Article 30(1) states that the calculation of the targets in Article 29(1).
…due to the established measurement system. Article 30(1) states that the calculation of the targets in Article 29(1). 1 EuPC’s studies (LCA and economic impact): https://www.plasticsconverters.eu/post/understanding-the-impacts-of-switching-to-reusable- pallet-packaging 2 EUMOS statement: https://eumos.eu/eumos-statement-on-art-29-1-3-of-the-packaging-and- packaging-waste-regulation-ppwr/ 3 This requirement presents a serious methodological and operational problem, as it is not possible to calculate in a coherent and comparable way “the number of reused units.” This creates significant legal uncertainty and an insurmountable technical barrier to compliance for the entire European industry that uses this type of packaging for transport.
…technical barrier to compliance for the entire European industry that uses this type of packaging for transport. For these reasons, ANAIP has coordinated a letter (annex) addressed to the Spanish representatives in the European institutions, in which associations from very different sectors have warned about the effects of Article 29 of Regulation (EU) 2025/40, which includes films and strapping within the reuse targets. More than 150,000 companies represented.
(EU) 2025/40, which includes films and strapping within the reuse targets. More than 150,000 companies represented. Almost all industrial sectors represented by the associations ANAIP (Spanish plastic converters), ADELMA (Spanish detergent manufacturers), AECOC (Spanish retail distributors and agri-food industry), AIFIm (Iberian Association of Waterproofing Manufacturers), ANAPE (Spanish Association for Manufacturers of Expanded Polystyrene), ANGED (Spanish Association of Large Distribution Companies), ASCER (Spanish Association of Wall and Floor Tile Manufacturers), ASEFAVE (Spanish Association of Manufacturers of Light Facades and Windows), ASEFAPI (Spanish Association of Paint and Printing Ink Manufacturers), ASOBIOCOM (Spanish Association of Biodegradable and Compostable plastics), CEPCO (Spanish Confederation of Construction Product Manufacturer Associations), Cooperativas…
STANPA (Spanish Association of Perfumery and Cosmetics) are calling for pallet-wrapping films and strapping to be exempted from the reuse obligations established in Article 29.
…calling for pallet-wrapping films and strapping to be exempted from the reuse obligations established in Article 29. They warn that their use is essential to maintain the safety of goods transport and that, therefore, in many cases, this will make it completely impossible to meet reuse targets across industry and product logistics as a whole. Finally, an exemption from article 29 (1-3) should be foreseen also for EPS boxes used as sale packaging for transporting fresh fish and seafood products, considering that reusable alternatives may not ensure the required hygiene and food safety standards without 4 disproportionate resource consumption.
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