FEAD

Fédération Européenne des Activités de la Dépollution et de l’Environnement European Federation of Waste Management and Environmental Services Europäische Föderation der Entsorgungswirtschaft 6 August 2020 FEAD feedback to the Initiative on the Review of the Requirements for Packaging and Other Measures to Prevent Packaging Waste FEAD, the European Federation for Waste Management and Environmental Services, representing the private waste and resource management industry across Europe welcomes the EC initiative on the review of the requirements for packaging and on other measures to prevent packaging waste and considers it of the utmost importance in achieving a fully circular economy in the EU.

…to prevent packaging waste and considers it of the utmost importance in achieving a fully circular economy in the EU. FEAD key messages include: • Improvement of design for re-use and recycling • Strong pull measures for recycling: mandatory recycled contents, green public procurement • Promotion of high-quality recycling through public support for selective collection schemes and investment for sorting • Consideration given to the need for residual waste treatment. Selective collection of packaging still mixes a variety of packagings and materials (e.g different types of bottles for beverages/food packaging, food/non-food plastics collected together) which are not all recyclable and need treatment. • Consideration on how to enable an increased content of recycled materials in food contact material • Strengthening of the enforcement towards meeting the above A.

…content of recycled materials in food contact material • Strengthening of the enforcement towards meeting the above A. Review of the Requirements for Packaging With regards to the Review of the Requirements for Packaging, we have identified the following criteria to be considered in reviewing and revising the essential requirements for packaging. These criteria have been subdivided into three distinct sections, namely: (1) Product Design, (2) Market Issues, and (3) Issues with Current Technology. 1. Product Design 1.1 Composite Layer Issue Complex multilayer packaging contributes to a high amount of non-recyclable waste. Particularly when composed of different materials, composite layers of packaging increase the physical and chemical complexity of products. This complexity causes difficulties in recycling facilities (e.g.

…the physical and chemical complexity of products. This complexity causes difficulties in recycling facilities (e.g. multilayer packaging present in recyclates can cause colouring of plastic products and change their chemical, physical and mechanical properties). The issue of packaging with composite layers is a key concern and must be addressed in the forthcoming study. Ref. Ares(2020)4141042 - 06/08/2020 FEAD feedback to the Initiative on the Review of the Requirements for Packaging and Other Measures to Prevent Packaging Waste – 6 August 2020 2 1.2 Need for Global Eco-Design Guidelines Well-constructed global eco-design guidelines requiring specific designs which reflect recycling standards will increase homogeneity of waste streams, in turn promoting high quality recycling.

…which reflect recycling standards will increase homogeneity of waste streams, in turn promoting high quality recycling. Therefore, partnerships between producers and waste management organisations must be established to facilitate recyclability of products as well as financial incentives for products designed in accordance with eco-design guidelines. 1.3 Lightweight Packaging Lightweight packaging is problematic for recycling facilities, particularly when waste is sorted by weight. Small plastic components of products could technically be recycled, but it is expensive and impractical to do so. As an example, coffee pods are currently rejected by waste treatment facilities as contaminants for the afore-mentioned reasons. It is therefore essential to conceive packaging in such a way as to facilitate its recyclability.

…reasons. It is therefore essential to conceive packaging in such a way as to facilitate its recyclability. 1.4 Additive/Colours Issue Certain additives in polymers could present challenges for recycling. For instance, basic molecules could be incapable of being broken down where certain additives are present, or a collection of various additive-containing packaging could hamper recycling of plastic packaging. In addition, it is problematic to sort coloured packaging (e.g. black, red) as it is often not recognised by optical systems. Additionally, it is impossible to produce plastic recyclates with a given pure colour from coloured polymers. One of the potential solutions to this could be a “modulation fees system”, which would levy fees upon producers who create packaging which is hard to recycle.

…be a “modulation fees system”, which would levy fees upon producers who create packaging which is hard to recycle. A balance must be struck between recyclability of the packaging and innovation, marketing and functionality. 1.5 Chemical Issue As long as hazardous substances can be placed on the market legally by manufacturers of virgin raw materials, recycling companies will at some point in time have to deal with those “legacy substances”. The long-term policy goal should be to achieve toxic/risk free material cycles, but this should start at the initial design stage where products enter the material cycle for the first time. While ambitious targets push for more recycling in terms of quantity, a qualitative approach is also needed, as recyclers are investing in downstream parts of the value chain.

…of quantity, a qualitative approach is also needed, as recyclers are investing in downstream parts of the value chain. This investment will only be made possible by the proper implementation of the existing international and European legislation (REACH, RoHS, POPs) at all stages and by all actors, with the aim of phasing out the use of these substances. Regarding the treatment of waste containing specific substances, it is crucial that the EU proposes clear, legally certain, and appropriate rules. Our sector has been asking1 for them for several years now, responding in 2018 to the public consultations on the “interface between chemical, product and waste consultation” 2 that a precautionary approach should be implemented. FEAD members hope that the continuing work on an improved interface between waste, chemicals and products will handle the afore-mentioned issues.

…continuing work on an improved interface between waste, chemicals and products will handle the afore-mentioned issues. 1 https://www.fead.be/images/FEAD---Position-Paper-on-Interface.pdf 2 https://ec.europa.eu/info/sites/info/files/summary-report-public-consultation-chemical-product-waste- legilsation.pdf FEAD feedback to the Initiative on the Review of the Requirements for Packaging and Other Measures to Prevent Packaging Waste – 6 August 2020 3 1.6 Biodegradable, oxo-degradable and bio-based packaging3 FEAD supports the use of bio-based plastics as long as they are not promoted at the expense of recycled plastics.

…supports the use of bio-based plastics as long as they are not promoted at the expense of recycled plastics. Indeed, it is important to make a clear distinction, on the one hand, between bio- based and biodegradable plastics and on the other hand, between biodegradability and compostability: • Today, some bio-based plastics do not biodegrade in bio-waste treatment plants and none degrade completely in the natural environment (including waterways). Compostable plastics do not degrade in anaerobic conditions (AD) unless followed by an aerobic process and given the difficulty to distinguish between compostable plastics and conventional plastics, even if they are correctly disposed of by the householders, they are likely to be sorted out at the composting plant and sent for recovery.

…disposed of by the householders, they are likely to be sorted out at the composting plant and sent for recovery. • Biodegradable plastics are also problematic when they are mixed with recyclable plastics as they do not have the same material properties and may impact the integrity of the recyclates. The use of biodegradable plastics must be so specific that the correct recycling route is clearly identifiable for the consumer/user. The mere risk that this might happen has already been known to discourage manufacturers to use recycled content. • Biodegradable plastics also have a negative impact on littering. The biodegradation process takes weeks or even months. Further research and innovation to develop biodegradable plastics is therefore important. Plastic packaging with unconditional and quick biodegradable properties would indeed offer environmental benefits.

Plastic packaging with unconditional and quick biodegradable properties would indeed offer environmental benefits. Consequently, we see the promotion and widespread marketing of biodegradable materials at this stage as potentially problematic. 1.7 Features Reducing the use of features such as labels, printing, colours, glues, staples, covers, caps and content residues on a package is crucial and can increase the possibility of recycling and the value of the plastic. 1.8 Economically efficient recycling A recyclable packaging should be designed to be cost-effectively collected, sorted and recycled, in practice, with the available state-of-the-art technology. In achieving economically efficient recycling, large flows of recycling are required for the recycling process.

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…1 24 April 2023, Brussels FEAD position on the proposal for a Regulation on Packaging and Packaging Waste FEAD, the European Federation for Waste Management and Environmental Services, representing the private waste and resource management industry across Europe, welcomes the Commission’s legislative proposal on Packaging and Packaging Waste, as it reaffirms recycling as the core element of circularity. FEAD supports the European Commission’s ambition reflected in the packaging and packaging waste proposal, as we strongly believe that the sector must be stimulated through strong, binding measures to achieve a “real” circular economy.

…believe that the sector must be stimulated through strong, binding measures to achieve a “real” circular economy. We, as the waste management industry, are an important part of the circle, and the proposed measures, such as mandatory recycled content, support our activities by creating a real demand for recyclates and therefore trigger investments in separate collection, sorting and highly innovative recycling. Our role and added value as producers of sustainable secondary raw materials, which are crucial for the packaging industry, is finally fully recognised. The packaging waste management sector is crucial towards sustainability. Among different waste flows, packaging is one of the most interesting in terms of yearly generated volumes, growth rates, environmental issues and also missing business opportunities.

…in terms of yearly generated volumes, growth rates, environmental issues and also missing business opportunities. FEAD knows how delicate and important the role of the waste management industry is in order to achieve ambitious targets and meet the challenges of the present and the future.

…management industry is in order to achieve ambitious targets and meet the challenges of the present and the future. Therefore, in order to contribute, FEAD identified a number of critical issues that need to be taken into account in the forthcoming decisions of the Parliament and the Council: • To the extent that the Regulation proposal contains specific rules on the management of packaging waste, it would be appropriate to base the Regulation, in as far as those specific rules are concerned, on Article 192 TFEU, in addition to the Internal Market legal basis; • Avoid elements of uncertainty for important measures such as recyclable packaging and mandatory recycled content, and provide for the involvement of all stakeholders, including the waste management industry, in the drafting of the delegated and implementing acts; • Include separate collection of packaging waste generated by…

…collected organic waste, compost and soil; • Support the proposed labelling requirements as an essential step towards improving separate collection, but some improvements can be done to enable targeted measures in the coming years and develop further technologies; • Deviations from the requirements for the mandatory use of reusable packaging must be possible where the use of recyclable one way packaging is the better option according to a life cycle analysis; • Requirements for the deposit and return system (DRS) shall be improved in order to avoid monopoly situations and the control of a single actor, leaving the Member States to implement it according to the local context; Ref.

…and the control of a single actor, leaving the Member States to implement it according to the local context; Ref. Ares(2023)2888171 - 24/04/2023 2 • Reject the “priority access” or “right of first refusal” proposed by the beverage industry because it would lead to a distortion of the Single Market rules and a monopolistic control of recycled materials

…because it would lead to a distortion of the Single Market rules and a monopolistic control of recycled materials 1. Legal basis The proposed Regulation will apply to all packaging placed on the market in the Union and to all packaging waste, regardless of the type of packaging or the material used. Such measures should ensure transition to a circular economy and the long-term competitiveness of the Union and should contribute to the efficient functioning of the internal market, while taking into account a high level of protection of the environment. Therefore, to the extent that the Regulation contains specific rules on the management of packaging waste, it is appropriate to base it, in as far as those specific rules are concerned, on Article 192 TFEU. Given the differences between the Member States about the organisation and levels of management of packaging waste, there is a risk…

…the Regulation and set more ambitious environmental protection measures.

…agreed level of environmental protection of the Regulation and set more ambitious environmental protection measures. 2. Uncertainty undermines the long-term developments and investments There are many elements of uncertainty in the Commission's proposal that refer to future decisions, which cannot be evaluated and taken into account in the analysis of the entire text at this time, although they are very important. The proposal envisages several implementing and delegated acts to establish criteria and technical aspects that influence investment choices in the waste management sector.

…acts to establish criteria and technical aspects that influence investment choices in the waste management sector. We feel it is important to provide below a list of the acts that have the greatest impact on the activities of our members: • In Article 6, the criteria for the design of recycling and the methodology to assess if packaging is recycled at scale will be established in delegated acts to be adopted by the Commission • In Article 7, the Commission will adopt an implementing act to establish the methodology for the calculation and verification of the percentage of recycled content recovered from post- consumer plastic waste and the format for the related technical documentation.

…of recycled content recovered from post- consumer plastic waste and the format for the related technical documentation. Moreover, the Commission is empowered to adopt delegated acts to revise and provide for derogations from the scope, timing or level of minimum recycled content, and amend the minimum percentage of recycled content recovered from post-consumer plastic waste, “where justified by the lack of availability or excessive prices” • In Article 8, the Commission is empowered to adopt delegated acts to amend the list of packaging that needs to be compostable • In Article 11, the Commission is empowered to, by implementing acts, establish harmonised labelling requirements and formats for packaging and waste receptacles as well as for identifying the material composition of packaging means of digital marking technologies.

…receptacles as well as for identifying the material composition of packaging means of digital marking technologies. • In Article 26, the Commission may adopt delegated acts laying down more specific re-use targets and further exemptions • In Article 27, the Commission shall adopt implementing acts establishing detailed calculation rules and methodology regarding re-use and refill targets • In Article 50, the Commission shall adopt implementing acts establishing rules for the 3 calculation, verification and reporting of data, including the methodology for determining packaging waste generated, and the format for the reporting. All these aspects, which are directly referred to the Commission for the adoption of specific acts, are of primary importance for waste management companies.

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