European Recycling Platform SAS

COMMENTS ON THE PROPOSAL FOR A NEW REGULATION ON PACKAGING AND PACKAGING WASTE PARIS/MAINZ, MARCH 2023 European Recycling Platform (ERP) appreciates the opportunity to provide feedback on the European Commission's proposal for a new Regulation on Packaging and Packaging Waste (PPWR). We support the proposal's ambition to further harmonise the European internal market and to create a level playing field for all actors involved in the pre- and post-consumer phase of packaging. While the proposal is a step in the right direction, several aspects need to be reviewed and shortcomings need to be addressed, as we explain below. Summary In a nutshell, we would like

…need to be reviewed and shortcomings need to be addressed, as we explain below. Summary In a nutshell, we would like 1. to ask for clarification on when to expect the adoption of the delegated acts referred to in Article 6 and propose those to be adopted five years before application of the recyclability requirements referred to in this Article; we further would like to suggest the creation of a technical committee under the authority of the European Commission to assist in the development of these acts; 2. to suggest that the requirement to modulate the financial contributions paid by producers to start only after the adoption of the delegated act laying down harmonised design criteria; 3. to ask for clarification on how to determine and enforce the recyclability of packaging in practice;

…criteria; 3. to ask for clarification on how to determine and enforce the recyclability of packaging in practice; 4. to provide the necessary regulatory certainty for alternative recycling technologies such as chemical recycling; 5. to ask for clarification on how to practically implement an EU-wide harmonisation of labels on separate collection considering existing national waste infrastructures as well as on the planned process and criteria to decide whether symbols of extended producer responsibility schemes or deposit and return systems are misleading to consumers;

…whether symbols of extended producer responsibility schemes or deposit and return systems are misleading to consumers; 6. to strongly suggest to define a list of clear criteria that would allow the withdrawal of a PRO’s authorisation avoiding ambiguous terms such as “in particular“ as well as to ask which additional incentives PROs shall create to reduce packaging waste considering that the PPWR already sets strict rules requiring packaging minimisation; 7. to recommend implementing effective and ideally cross-border enforcement also of the provisions on EPR in order to combat free-riding; and

…effective and ideally cross-border enforcement also of the provisions on EPR in order to combat free-riding; and 8. to ask for clarification for tea and coffee related packaging disposed of together with the product residue and their intended treatment process. In the following chapters, we provide further and more specific comments on the proposed provisions of this Regulation. Ref. Ares(2023)2841052 - 21/04/2023

…further and more specific comments on the proposed provisions of this Regulation. Ref. Ares(2023)2841052 - 21/04/2023 1. Delegated acts (Article 6) According to Article 6, recycled packaging has to comply with certain design criteria by 1 January 2030 as well as recyclability at scale requirements by 1 January 2035. The Commission intends to define these requirements through delegated acts, but does not provide a timeframe for their adoption. However, such a timeframe is important to allow stakeholders along the packaging value chain to plan ahead and to ensure an effective implementation of the Regulation. We therefore propose that the two delegated acts be adopted five years before each of the above-mentioned dates. Furthermore, the development of these delegated acts requires specialised knowledge and therefore needs to be based on a thorough consultation process in order to ensure…

…such as packaging material producers, fillers, producer responsibility organisations (PROs), collectors and recyclers. 2. Modulation of financial contributions (Article 6) We strongly welcome the harmonisation of fee modulation criteria since this modulation can only work (i.e. have the desired effect on product design) when the necessary critical economic impact is established. This in turn is only possible with EU-wide harmonised criteria (for a pan-European impact and in order to avoid that the criteria and the level of fee modulation are subject to competition). However, there are several points to be clarified. According to Article 6(7d), the financial contributions to be paid by producers to comply with their extended producer responsibility obligations shall be modulated based on the recyclability performance grade.

…their extended producer responsibility obligations shall be modulated based on the recyclability performance grade. Again, however, the proposal does not specify a date from which this provision should apply. In contrast, Article 7(6), which provides for additional modulation for plastic packaging based on the percentage of recycled content, explicitly sets 1 January 2030 as the starting date. Since harmonised criteria will only be defined later by a delegated act, the modulation should not start before the adoption of this act (which is also not yet foreseen – see above). Moreover, the starting dates for Articles 6(7d) and 7(6) shall be aligned avoiding confusion and allowing for an integrated modulation approach.

…for Articles 6(7d) and 7(6) shall be aligned avoiding confusion and allowing for an integrated modulation approach. It also remains unclear how Member States shall proceed with the already implemented provisions on the modulation of financial contributions based on Article 8a of the Waste Framework Directive before 2030. We suggest that Member States be required to pause any related initiatives until the adoption of harmonised design criteria.

…that Member States be required to pause any related initiatives until the adoption of harmonised design criteria. 3. Recyclability (Article 6) While we welcome a harmonised approach on the recyclability of packaging, there is uncertainty as to how the recyclability of packaging can be determined in practice and how compliance with the requirements of Article 6 can be enforced. While Article 6 sets out generic criteria which, if met, should qualify packaging as recyclable, the Regulation does not describe any kind of methodology to objectively and unambiguously assess whether a given packaging is recyclable or not. Again, this is left to a delegated act without specifying a date for its publication. In addition, it is unclear to us which actor should assess the recycling performance of packaging in practice and how this assessment should be carried out, e.g. on the basis of laboratory…

…and how this assessment should be carried out, e.g. on the basis of laboratory tests or examination of documents. 4. Recycled content (Article 7) The proposal sets very ambitious targets for the recycled content of plastic packaging. While we support this ambition, we believe that meeting the targets set will require a regulatory openness to new recycling technologies, supported by an effective packaging waste sorting system. Chemical recycling is currently the only mature technology that has the potential to recycle certain plastic packaging on a large scale into recycled content suitable for new applications, thus complementing mechanical recycling. Manufacturers of products in packaging, particularly those launching products in flexible packaging, have already expressed their willingness to support the development of the system.

…products in flexible packaging, have already expressed their willingness to support the development of the system. However, the proposal remains unclear as to whether recyclates from chemical recycling will count towards the targets set. We therefore propose to provide the necessary regulatory certainty for chemical recycling, while remaining open to other new recycling technologies. Following this argumentation, the Regulation needs a clear definition of chemical recycling as well as measurement points for the calculation of the recycled content. The implementing acts planned to be adopted by the Commission shall then define the methodology for calculation and verification of each individual and existent recycling technology processing post-consumer plastic waste.

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