Danish Dairy Board Brussels s.a.

Danish Dairy Board, Brussels s.a. Rue du Luxembourg 47-51. B2 B-1050 Brussels T +32 2 230 27 05 F +32 2 230 01 43 Société Anonyme / Naamloze Vennootschap Banque / Bank 310-1873223-45 BIC: BBRUBEBB IBAN: BE44 3101 8732 2345 TVA / BTW BE 0439.676.650 RPM Bruxelles / RPR Brussel Date 21. april 2023 Page 1 of 3 Danish Dairy Board Brussels statement on the proposal for a regulation on Packaging and Packaging Waste We welcome the European Commission’s proposal and in particular the ambition to further harmonize the EU internal market for packaging and packaging waste and continue the transition to a more circular economy for packaging. The future set-up of the regulatory environment for packaging and packaging waste is of crucial importance for our sector. Below, we detail both the positive elements that we ask to maintain and the problematic aspects that we ask to amend or delete.

…detail both the positive elements that we ask to maintain and the problematic aspects that we ask to amend or delete. For example, the mandatory target for recycled plastic (article 7), the ban on certain single- use packaging used in the HORECA-sector (article 22, Annex V point 4) and the provisions on re-use (article 26). The problematic aspects do not sufficiently take into account the crucial role packaging plays for safety, quality and preventing food waste. We also believe that any food intended for infants and young children and food for special medical purposes should be exempted from the proposal’s provisions. Foods for these groups are directed to vulnerable consumer groups whose health requires specific protection.

Foods for these groups are directed to vulnerable consumer groups whose health requires specific protection. The crucial role of food packaging From the production to the transportation to the consumer’s home, packaging is important to protect dairy products from contamination and ensure transportation, handling and storage without any damage. This can only be achieved with adequate packaging that safeguards the products from external influences and remains as light and practicable as possible. Dairy packaging not only needs to ensure safety and quality as a non- negotiable baseline, but it also plays an integral part in improving the shelf-life of the product, which contributes to reducing food waste. Recyclable packaging (Article 6) The regulation requires that all packaging placed on the European market, both single-use and reusable, shall be recyclable by 2030.

…requires that all packaging placed on the European market, both single-use and reusable, shall be recyclable by 2030. This means that all packaging placed on the Union market will have to be collected separately, effectively and efficiently. The secondary raw materials must be of sufficient quality, which e.g., to be guaranteed by recyclability.We support the harmonization towards Design-for-Recycling (DfR) in 2030, including a harmonization of the DfR-principles of modulated fees under EPR schemes. Thus, the assessment of recyclability will be based on currently unknown design criteria for recycling (DfR), which will be defined in the coming years by the EU Commission through delegated legal acts for each packaging category. For reasons of legal and application certainty, these design criteria must be published at the same time as the basic regulation.

…of legal and application certainty, these design criteria must be published at the same time as the basic regulation. We ask for a fixed date for the adoption of secondary legislation to create legal certainty for manufacturers, and for the involvement of industry experts from the packaging value chain in the drafting of all the secondary legislation on DfR, which should be modelled after existing standards. We call for EU rules that support Member States and industry in putting in place adequate collection and recycling infrastructure across Europe to enable recycling of packaging already designed for recycling. In this context, we emphasize that the proposed regulation does not introduce measures to support the construction of such infrastructures.

…emphasize that the proposed regulation does not introduce measures to support the construction of such infrastructures. Minimum recycled content (Article 7) Article 7 requires that plastic packaging shall contain a certain minimum amount of recycled content recovered from post-consumer plastic waste by 2030 and 2040. The requirement applies “per unit” of plastic packaging. We support the Commission’s overall ambition to further drive the establishment of a market for recycled plastic packaging in general and for food. However, we are concerned about the proposal’s mandatory targets for recycled plastic in packaging, including contact-sensitive packaging material. The target for contact-sensitive plastic packaging is unrealistic and does not recognize the difficulties of ensuring sufficient recycled plastic of the right quality to be put into contact with food.

…the difficulties of ensuring sufficient recycled plastic of the right quality to be put into contact with food. Such products must meet strict health and safety regulations, which are fully justified. In addition, the lengthy approval procedures for new technologies and packaging materials by the EFSA, the EU Commission and the Member States severely restrict manufacturers uptake of recycled materials. We therefore propose to amend article 7 so that the Ref. Ares(2023)2840695 - 21/04/2023 Page 2 of 3 targets for non-PET contact-sensitive materials only enter into force, when recycling processes for these materials have been authorized and sufficiently installed. In addition, the proposal should ensure that the requirements to use recycled plastics can be met for flexible plastics and plastic film.

…should ensure that the requirements to use recycled plastics can be met for flexible plastics and plastic film. These packaging materials are essential, for example, in cheese packaging, where some types of cheeses produce a lot of CO2 which must be led out of the packaging to prevent it from expanding and eventually perforating. It is therefore absolutely crucial to be able to design the packaging’s properties in order to control the atmosphere inside the packaging and ensure that the cheese can be distributed in supply chains, in the EU and on the world market. We also find it problematic that the recycled content target applies “per unit” of packaging. Plastic packaging is characterized by a large variety of types, areas of application, technical and performance requirements and last but not least by legal requirements.

…of types, areas of application, technical and performance requirements and last but not least by legal requirements. Calculating the target as an average, including with a mass-balance principle, of all plastic packaging placed on the Union market by an economic operator is the only way to allow recycled content for this type of packaging. It also gives manufacturers the flexibility to allocate the recycled content based on available supply and technical feasibility, giving them a realistic chance of reaching the target. Therefore, article 7 should be amended so that the targets are set “per manufacturer” placing packaging on the Union market and not “per unit”. Labelling (Articles 11 and 12) We support the overall ambition of these articles, as national mandatory rules undermine the principle of the free movement of goods.

…overall ambition of these articles, as national mandatory rules undermine the principle of the free movement of goods. A single market for goods needs harmonised packaging rules, and we suggest that the Danish/Nordic waste disposal pictograms are used as inspiration in this context. Therefore, it is absolutely essential for the free movement of goods in the EU that the labelling of the material fraction on the packaging only consist of a pictogram and no text. A requirement to include national text would in itself be a restriction on the free movement of goods and could also increase the consumption of packaging, if the packaging shall contain e.g., up to 5-10 different pictograms, if the product is sold in several Member States.

…if the packaging shall contain e.g., up to 5-10 different pictograms, if the product is sold in several Member States. In case the packaging design does not make use of color printing, the use of pictograms in monochrome (black and white) should also be allowed in order not to increase the use of colors on the packaging. To ensure consumer understanding of the new pictograms it is important that the regulation also requires that waste receptacles shall be affixed with the same labels to ensure correct sorting (article 12). In this context, to allow consumers to understand the meaning of the pictograms, the national text could be affixed to the waste containers.

…consumers to understand the meaning of the pictograms, the national text could be affixed to the waste containers. Restrictions on certain single-use packaging formats (Article 22 and Annex V) The regulation sets a list of prohibitions on single-use packaging formats used in the HORECA-sector, including single-use plastic packaging used for coffee creamer and condiments. In our view the ban on certain single-use packaging for coffee creamer and condiments is arbitrary and not justified in the Commission’s Impact Assessment. They have many legitimate uses, for example, in the transport sector (rail, bus and air) where it would be extremely difficult to substitute a single-use container with alternative packaging.

19 → 12

originalus šaltinis (PDF) ↗