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Position Paper | New Packaging and Packaging Waste Regulation Reuse Alliance New Packaging and Packaging Waste Regulation German Reuse Alliance calls for a strong position on reuse About the Reuse Alliance & general evaluation of the proposal The Reuse Alliance (Mehrweg-Allianz) is a coalition of Deutsche Umwelthilfe e.V. (DUH), the Association of German Beverage Wholesalers (BV GFGH), Private Breweries in Germany (Private Brauereien Deutsch- land), the Association of German Retail of Beverages (VDGE), Foundation for Reuse (SIM) and the Initiative for the promotion of reusable packaging (Pro Mehrweg). The Alliance, together with the Cooperative of the German bottled water companies (Genossenschaft Deutscher Brunnen), unifies decades of experi- ence in operating the world wide biggest reuse system for beverages in Germany.
Brunnen), unifies decades of experi- ence in operating the world wide biggest reuse system for beverages in Germany. The Reuse Alliance assesses the draft of the packaging and packaging waste regulation (PPWR) as an im- portant step towards reducing unnecessary packaging waste. The Alliance appreciates that binding reuse quotas are set at EU level for the first time which gives a strong signal to the packaging and beverage industry that well-managed reuse systems allow for maximised environmental and economic benefits. However, we want to point out that the current draft falls short in terms of level of ambition especially for the reuse quotas for beverage packaging. Moreover, we want to raise our concern that existing and well-functioning reuse systems must not be disregarded or even jeopardised when setting regulations that affect these systems.
…reuse systems must not be disregarded or even jeopardised when setting regulations that affect these systems. Comments on certain provisions of the Draft Regulation First and foremost, it is of utmost importance that the German translation of the proposed regulation uses the common and therefore correct terminology of re-use as opposed to single-use. The German term ‘Mehrweg’ is replaced throughout the translation by the paraphrase ‘wiederverwendbare Verpackung’. This creates a softening of the term at its root, making re-use not a matter fact but a matter of interpre- tation. Against the background that the term ‘Mehrweg’ is a long-established commitment of quality in Germany, the softening of that term would represent an unacceptable step backwards for the reuse in- dustry – not least because some of the signatories entail ‘Mehrweg’ in their names.
…step backwards for the reuse in- dustry – not least because some of the signatories entail ‘Mehrweg’ in their names. Definition of re-use We welcome that the EU-Commission has defined ‘systems for re-use’ in Article 3, paragraph 26, meaning the organisational, technical /or financial arrangements, which enable the re-use either in a closed loop or open loop system. At the moment, however, we not only see inconsistencies between the English and German versions, but also miss the particularly important incentive to return reusable packaging in Art. Ref. Ares(2023)2889116 - 24/04/2023 Position Paper Packaging and Packaging Waste Regulation Reuse Alliance 3 as we do not consider the reference in Annex VI part A to be sufficient. Incentives for reuse are essential to ensure the efficiency of systems and avoid “pseudo” reusable packaging.
Incentives for reuse are essential to ensure the efficiency of systems and avoid “pseudo” reusable packaging. In this way, we strongly support the definition set in the German Packaging Act: "Reusable packaging is packaging that is intended to be reused several times for the same purpose after use and whose actual return and reuse is made possible by adequate logistics and promoted by suitable incentive systems, usu- ally by a deposit." Additionally, we propose to set an average number of minimum rotations for reusable packaging in Article 10 b). If an economic operator has to set up systems to guarantee at least 15 rotations, operators want to save even more costs by making their packaging as durable and thus economical as possible. Further- more, setting a minimum rotation rate prevents the risk of greenwashing.
…and thus economical as possible. Further- more, setting a minimum rotation rate prevents the risk of greenwashing. According to a comparison of 32 life cycle assessment studies, 10-15 rotations for all packaging materials already brings the environ- mental benefit wanted compared to single-use packaging1. Moreover, the terminology of open and closed systems is confusing as the terms from recycling are trans- ferred to reuse systems. The correct terms widely used in the reuse packaging industry are pool systems and individual systems. Labelling of packaging The requirements to tag packaging with a label as well as a QR code or other form of digital data carrier set out in Art. 11(4) do not sufficiently take existing reuse systems into account and may therefore cause major problems for reusable beverage bottles that are already circulating in functioning reuse systems.
…therefore cause major problems for reusable beverage bottles that are already circulating in functioning reuse systems. The indelible application of a label and a QR code/digital data carrier on a beverage bottle cannot be transferred into practice as the bottle labels are washed off before refilling. Easily removable labels is an important requirement for pool bottles to be reused by several economic operators as only the label indicates the filler’s brand. This is why the signatories demand an exemption for reusable bottles that are already circulating on the market. Otherwise this requirement can lead to high additional costs that make reuse systems less competitive to single-use packaging and, in the worst case, lead to reusable bottles being taken off the market prematurely and having to be recycled earlier than necessary.
…case, lead to reusable bottles being taken off the market prematurely and having to be recycled earlier than necessary. Reuse targets The introduction of mandatory reuse quotas is progressive and provides investment security for the pack- aging industry. However, the reuse quotas in Article 26 must be increased significantly. In particular, the reuse quotas for beverage bottles for non-alcoholic and alcoholic beverages (except wine and spirits) are far too low at 25 percent for 2040. In Germany, the Packaging Act sets a target quota of 70 percent for reusable beverage packaging, while the beer sector exceeds the quota with more than 80 percent reuse and quotas of over 40 percent have been achieved in the overall sector for decades.
…with more than 80 percent reuse and quotas of over 40 percent have been achieved in the overall sector for decades. The fact that the draft PPWR is based on Article 114 TFEU on the functioning of the EU's internal market, in conjunction with the currently unambitious formulation of the reuse quotas in Article 26 of the draft, must under no circumstances lead to Germany's ambitious quotas having to be lowered. This could be ensured by explic- itly allowing Member States to set more ambitious quotas through an opening clause in Article 26. Furthermore, it must be guaranteed that the general requirements for systems for reuse in Annex VI, particularly the requirements regarding a governance structure for reuse systems, do not threaten al- ready existing reuse systems by allowing derogations if they already exceed the proposed reuse quotas and if an exceptional economic burden can be proven.
…derogations if they already exceed the proposed reuse quotas and if an exceptional economic burden can be proven. Germany has had well-functioning reuse systems 1 Reusable vs. Single-use Packaging. A review of environmental impacts. Downloadable at https://zerowasteeurope.eu/wp- content/uploads/2020/12/zwe_reloop_report_reusable-vs-single-use-packaging-a-review-of-environm Position Paper Packaging and Packaging Waste Regulation Reuse Alliance for decades, whose existence could be at risk from restructuring in line with the governance structures outlined in Annex VI. Recycled content Reusable packaging should not suffer any disadvantages with regard to the recycled content targets in Article 7. So far, the proposal does not differentiate between single-use and reusable packaging. However, reusable packaging has a significant longer lifespan.
…differentiate between single-use and reusable packaging. However, reusable packaging has a significant longer lifespan. Beverage crates, for example, circulate on the market for up to 20 years. Crates that have already been put on the market would have to be taken out of the system prematurely and sent for recycling, if they do not (yet) meet the corresponding quotas for 2030. In order to avoid this, a transition period for reusable packaging of at least 5 years needs to be integrated in the proposal. Alternatively, the targets should only apply to reusable packaging that is made available on the market for the first time. Deposit and return systems The reuse alliance welcomes the obligation to establish deposit and return systems (DRS) for single-use plastic bottles and beverage cans. This will drastically reduce littering. So far, however, according to Art.
…bottles and beverage cans. This will drastically reduce littering. So far, however, according to Art. 44 (6), it remains voluntary to enable the return of reusable packaging via reverse vending machines in- stalled for the take-back of single-use beverage packaging. In order to leverage synergy effects and save costs, it should be mandatory for reverse vending machines to be designed to accept reusable contain- ers from the outset. For more information, please contact [email protected] or [email protected].
Position Paper on PPWR Commission Proposal Pro Mehrweg e.V. Position Paper of Pro Mehrweg on the Commission proposal for a new Packaging and Packaging Waste Regulation (PPWR) Pro Mehrweg welcomes the EU Commission's proposal for a new and comprehensive legal framework for packaging and, in particular, its conversion from a Directive into a Regulation that applies equally in all Member States. Furthermore, Pro Mehrweg expressly welcomes the fact that for the first time, concrete policies to address waste prevention and reuse have been proposed, in line with the EU waste hierarchy. We strongly support the intention of strengthening the circular economy by setting clear rules for the implementation and expansion of reusable packaging systems throughout the EU. However, the proposal currently lacks ambition, particularly with regard to the level of reuse targets.
…the EU. However, the proposal currently lacks ambition, particularly with regard to the level of reuse targets. In part, the proposal does not provide the necessary regulatory clarity, e.g. regarding important cornerstones that can ensure the expansion of truly effective reuse systems. Most importantly, many of the provisions contained in the current proposal are, fully or in part, inappropriate and not applicable to the traditional German reuse system for beverage packaging. These rules thus have the potential to destroy the world's largest existing reusable packaging system, by rendering its continuation economically, ecologically and/or practically impossible.
…packaging system, by rendering its continuation economically, ecologically and/or practically impossible. Our main points and concerns are as follows, and will be explained in further detail below: Reuse targets lack ambition Rigid organisational structure would destroy traditional reuse systems Mandatory serial labelling is superfluous and endangers established reuse systems Strict regulatory separation of reuse and refill is necessary Take-back of reusable packaging must be regulated and incentivised Number of minimum rotations must be defined Reusable packaging must be exempt from recycled content obligations Empty space requirement must not apply to reusable packaging Too many regulatory details are outsourced to delegated or implementing acts Decision to no longer charge VAT on deposits is welcomed Proposal contains terminological inaccuracies and imprecisions…
…charge VAT on deposits is welcomed Proposal contains terminological inaccuracies and imprecisions Pro Mehrweg e.V. (Association Pro Reuse) consists of and represents associations and companies of the German beverage industry, beverage wholesalers and retailers, their supplier industries, as well as environmental associations and individuals. The association acts as a platform for all those who contribute to the preservation and continuous development of the unparalleled German reuse system for beverage packaging. Our 100 members advocate the use of reusable packaging wherever it makes ecological and economic sense. Pro Mehrweg believes that legislators at the national and EU level have a duty to take appropriate measures to establish and protect reuse systems in the beverage industry in order to prevent waste, preserve finite resources and protect the climate. Ref.
…systems in the beverage industry in order to prevent waste, preserve finite resources and protect the climate. Ref. Ares(2023)2845419 - 21/04/2023 Position Paper on PPWR Commission Proposal Pro Mehrweg e.V. Reuse targets lack ambition Pro Mehrweg considered the ambitious reuse targets in the originally leaked version of the proposal to be very positive. It is highly regrettable that these targets were considerably weakened before the publication of the final Commission proposal – e.g. by 50 percent for most beverage packaging addressed. We therefore call on the EU institutions to raise the ambition of long-term reuse targets in the PPWR to allow for large-scale implementation of environmentally-friendly reusable packaging systems.
…targets in the PPWR to allow for large-scale implementation of environmentally-friendly reusable packaging systems. This is not only necessary from an environmental point of view, but also realistic and economically viable: The German market share of reusable beer bottles, for example, has been stable at around 80 percent for decades, well above the currently proposed long-term targets. At the very least, it must be ensured that Member States are enabled go beyond the ambition of PPWR targets. The latter could be achieved by explicitly allowing Member States to set more ambitious targets through an opening clause in Article 26. This is particularly essential in the case of Germany, where a reuse target of 70 percent for beverage packaging has been in force since 2019.
…in the case of Germany, where a reuse target of 70 percent for beverage packaging has been in force since 2019. A weakening of this target, and thus a step backwards for Germany, must not be the result of efforts to harmonise EU waste policy. Pro Mehrweg furthermore regards it as crucial that the legal basis of the Regulation is extended on Article 191 (protection of the environment), instead of only referring to Article 114 TFEU (internal market). Both articles should be considered of equal importance, thus allowing Member States to go beyond the measures set out in the Regulation. In addition, we would like to point out that the German retail sector also puts large quantities of take-away ready-prepared food on the market and that Article 26 (3) should therefore not solely apply to HORECA companies, but to the entire retail sector.
…market and that Article 26 (3) should therefore not solely apply to HORECA companies, but to the entire retail sector. Rigid organisational structure would destroy traditional reuse systems Articles 23 and 24 set mandatory requirements for reusable packaging and reuse systems. These requirements are further specified in Annex VI. However, the mere differentiation between "closed-loop" and "open-loop" systems does not do justice to the common practice of reuse systems, which distinguishes between open and closed pool systems as well as individual systems and "packaging-as-a-service" models. Furthermore, Pro Mehrweg considers the mandatory requirements provided in Annex VI to be counterproductive and inappropriate with regard to existing reuse systems, particularly in the beer/mixed beer beverage and non-alcoholic soft drink sectors in Germany.
…existing reuse systems, particularly in the beer/mixed beer beverage and non-alcoholic soft drink sectors in Germany. Reuse systems in these sectors are open to all market participants and have no central management structure in place. Their performance is excellent, with a high market share and exemplary return rates. The German reuse system for beverage bottles and its sub-systems, in their complex and unique structure, have developed over 120 years based on commercial practices and agreements rather than regulation. Pro Mehrweg deems it unrealistic that the rigid obligations regarding e.g. centralised organisation, governance and reporting proposed in Annex VI (A) Position Paper on PPWR Commission Proposal Pro Mehrweg e.V. can be implemented in these exemplary systems. On the contrary, such rules would jeopardize and destroy these systems.
…can be implemented in these exemplary systems. On the contrary, such rules would jeopardize and destroy these systems. Yet again, that cannot be the aim of the harmonisation of EU regulations. Pro Mehrweg therefore considers it imperative to exempt existing and well- performing reuse systems, like the traditional German reuse systems for beverage packaging, from the provisions set out in Annex VI. Alternatively, Annex VI must at least be formulated in a way to allow for all, and to ensure not to unreasonably discriminate against any, forms of reuse systems: closed pool systems, open pool systems without a rigid management and governance structure, individual systems and packaging-as-a-service models.
…pool systems without a rigid management and governance structure, individual systems and packaging-as-a-service models. Mandatory serial labelling is superfluous and endangers established reuse systems As Pro Mehrweg understands the provisions set out in Article 11, paragraphs 2 and 4, the proposed PPWR intends to make a serial, unique and indelible labelling of every individual reusable container obligatory. We consider this obligation unnecessary and potentially harmful, at least for reusable beverage packaging. Established reuse systems for beverage packaging have been managed efficiently and effectively for decades. Consumer information as well as the calculation of average rotations have been successfully achieved without individual serial labels on bottles or crates.
…calculation of average rotations have been successfully achieved without individual serial labels on bottles or crates. Easily removable labels are in fact an important characteristic of reusable pool bottles, which are jointly used by several economic operators, as only the label indicates the brand. Furthermore, reusable beverage bottles are subject to constant cleaning and logistics processes. In our view, permanently affixing a label or QR code to such bottles is not technically feasible, let alone necessary. A mandatory introduction of serial labelling, even if it should be technically possible, would lead to the premature destruction of countless reusable containers that could be circulating for many more years. Furthermore, it would significantly increase system management costs without providing any significant advantages.
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