Fédération Nationale des Activités de Dépollution et de l'Environnement

…1 FNADE’s position on Packaging and Packaging Waste Regulation April 2023 FNADE, the French association for waste management and environmental services welcomes the proposal of the European Commission for a revision of the packaging and packaging waste directive. Overall, this new regulation on packaging and packaging waste represents a step forward for the waste management sector and FNADE globally supports its objectives. FNADE supports the European Commission’s proposal on packaging and packaging waste in order to reduce the environmental footprint of packaging, enhance recycling and promote a more circular economy. This proposal goes in the right direction. Nevertheless, FNADE would like to take the opportunity to make some comments and point out some concerns in the proposal.

FNADE would like to take the opportunity to make some comments and point out some concerns in the proposal. Delegated and implementing acts FNADE understands the fact that not everything can be proposed through the regulation and that further implementation of delegated acts will be needed. However, FNADE would like to ensure stakeholders and experts of recycling and packaging will be involved as much as possible in the further process of drafting delegated acts. Indeed, too many important topics will be completed through delegated and implementing acts, creating uncertainty as these future decisions cannot be evaluated and taken into account in the analysis of the entire text at the moment, although they are very important for FNADE’s members.

…into account in the analysis of the entire text at the moment, although they are very important for FNADE’s members. Therefore, in order to achieve a smooth recycling market and to better evaluate the technical issues and what is really feasible in operational conditions, it is absolutely necessary to involve the stakeholders in the further work on delegated acts. The proposal considers several delegated and implementing 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.

…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. 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 must be compostable.

Article 8, the Commission is empowered to adopt delegated acts to amend the list of packaging that must be compostable. - In Article 11, the Commission is empowered to, by implementing acts, establish harmonised Ref. Ares(2023)2780017 - 19/04/2023 2 labelling requirements and formats for packaging and waste receptacles as well as for identifying the material composition of packaging by 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.

…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 calculation, verification and reporting of data, including the methodology for determining packaging waste generated, and the format for the reporting. All these aspects, which will be found in specific acts adopted by the Commission, are of primary importance for waste management companies. All those decisions in the hands of the Commission in delegated and implementing acts could jeopardise the business plans, due to the lack of the possibility to carry out a prior risk assessment.

…acts could jeopardise the business plans, due to the lack of the possibility to carry out a prior risk assessment. Our main concern is linked to the uncertainty that can be found in paragraph 10 of Article 7, which empowers the Commission to adopt delegated acts to adjust the minimum percentages of recycled content when justified by the lack of availability or excessive prices of recycled plastics. Even though FNADE has always strongly asked for minimum recycled content that allow to substitute virgin materials with recycled ones thus reducing costs, dependencies and negative environmental impacts linked to the use of primary raw materials, we fear that without defining “lack of availability” and “excessive prices”, the Commission creates the conditions to change, or even block the recycling market.

“excessive prices”, the Commission creates the conditions to change, or even block the recycling market. In doing so, the risk is to send a controversial and contradictory message to all stakeholders involved, who may consider the recycling market too uncertain and volatile when, on the contrary, the important work done in mechanical recycling has led to excellent results. In conclusion, FNADE suggests to delete this proposal, at least if this proposition should remain in the regulation, FNADE strongly requests stakeholders and in particular the recycling industry to be part of the drafting and to be involved by the Commission as a stakeholder. Recyclable packaging and recyclability Introducing design criteria for recyclable packaging and performance scores for recyclable packaging based on these criteria is a major step forward.

…recyclable packaging and performance scores for recyclable packaging based on these criteria is a major step forward. However, FNADE would propose that these criteria shall be defined with all stakeholders (packaging industry, including representatives of the waste treatment industry, packaging manufacturers and suppliers, distributors, retailers, importers, SMEs, environmental groups, and consumer organisations). Sharing their knowledge and expertise would help to define whether or not a packaging is recyclable. Recyclability is a needed step to encourage and promote recycling. But recyclability cannot be imposed nor dictated. It should be a collective responsibility that can only be achieved with the implication of all the actors in the value chain. Recyclability should be defined through relevant common criteria applicable to all products.

…actors in the value chain. Recyclability should be defined through relevant common criteria applicable to all products. Europe should also set up standardised rules, to define the environmental requirements and performance of products within the European single market, without Member States being able to derogate from them. 3 FNADE, together with French authorities, producer responsibility organisations, industry, and many other stakeholders, has already started to work on a methodology determining basic criteria that consider three minimum priority requirements for establishing packaging recyclability: easy collection, sorting and reincorporation.

…minimum priority requirements for establishing packaging recyclability: easy collection, sorting and reincorporation. Therefore, we strongly support the requirements for recyclable packaging laid down in Article 6: collection and sorting ability, recyclability at scale, quality, downstream market, and the exclusion of the compostability criterion from the framework so as not to associate recyclability with compostability. Recyclability at scale is a major objective for packaging and its application could be brought forward to 2030 rather than 2035, to enhance recycling channels for all packaging.

…its application could be brought forward to 2030 rather than 2035, to enhance recycling channels for all packaging. In addition to these prerequisites, some other complementary criteria should be taken into consideration such as sustainable markets, easy communication, ability to meet the standards and not to hamper innovation, and last but not least the fact that all relevant operators in the value chain (from design to end-of-life) agree on those criteria. A scoring on recyclability should also be set up to help consumers to choose the better product. France has been working for several months on a criteria assessment tool that is currently being tested by several large French companies in real operating conditions. FNADE would be happy to share the first results of this study with members of the European Commission and the Parliament.

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FNADE very welcomes the global process for packaging essential requirements and is pleased to provide inputs to give a global view of the sector on packaging waste issues. Recyclability First of all, FNADE is very enthusiastic about the required concepts of recyclability and reusability when designing packaging, but we would like to complete this proposition by asking reusability AND recyclability instead of reusability OR recyclability. Indeed, in order to avoid packaging to be poorly reusable, we stress the necessity to ally those two conditions in order to really make decrease the packaging consumption and the risks of not recycling packaging which would use this bias of reusability to fall out the recyclability necessity. Furthermore, eco-design must become a systemic approach for every type of packaging, taking into account recyclability feasibility.

…eco-design must become a systemic approach for every type of packaging, taking into account recyclability feasibility. Strict rules on recyclability must apply, especially regarding substances of concern which need to be reduced everywhere it is possible, i.e. when they are just used for marketing reasons. A further step would be also to promote, when this is feasible, a switch of the materials used for packaging by replacing the previous non-recyclable one by more recyclable materials (e.g. paper-board instead of plastic). Finally, introducing mandatory minimum recycled contents for packaging is essential for creating a strong market for secondary raw materials. ‘Bioplastics’ We consider that it is really dangerous to accept plastic-based packaging into compost process or in any kind of organic recovery process.

…is really dangerous to accept plastic-based packaging into compost process or in any kind of organic recovery process. Many unanswered questions remain about the environmental and sanitary impact (microplastic, plastic particles, compost and digestate quality) of bio-based plastic packaging particularly if these resins are allowed or pushed to be treated in the production of digestate or compost. We would also like to insist on the fact that all of the plastic-based packaging are not compostable in every compost plant and the same for methanization plant and that could lead to even more of bad waste separation. If there are criteria, there should be at least THE criteria that focus on the capacity of the packaging to be compostable AND methanisable in every kind of plant for the reasons explained above.

…capacity of the packaging to be compostable AND methanisable in every kind of plant for the reasons explained above. Today, the only kind of packaging that could respond to those criteria is the paper-based one with no trace of plastic or bio-based plastic. The definition of biodegradable is not the most pertinent, because it does not refer to a treatment process in contrast of the methanization process with organic recovery. Moreover, it is really important to focus on the capacity of a packaging to be compostable in any kind of plant and composting process as well as to be methanisable in any kind of plant and methanization process in order to prevent any confusion of the separation of waste and prevent any kind of impact on the quality and the safety of the compost and digestate that are produced.

…of waste and prevent any kind of impact on the quality and the safety of the compost and digestate that are produced. If there is a label, this one should focus on the capacity of the packaging to be compostable AND methanisable in every kind of plant to prevent any confusion of the separation of waste and this label should be created based on impacts studies. Today, the only kind of packaging that could answer to those criteria is the paper-based one with no trace of plastic or bio-based plastic. Finally, if the European Commission considers those plastics represent an advantage for the separated collection of biowaste, it needs to create norms on those ‘bioplastics’ in order to have a total innocuousness. Ref. Ares(2021)150659 - 07/01/2021

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…05.08.2020 Feedback on the review of the requirements for packaging and other measures to prevent packaging waste FNADE, the French association for waste management, welcomes the European Commission's initiative to reduce and better recycle packaging waste. First of all, this initiative will have to ensure that the reusability of packaging does not hinder its recyclability at the end of its life. Eco-design As actors in recycling and waste management, FNADE’s members companies play a crucial role in the implementation of a more circular economy and a zero-pollution environment. They must deal with packaging waste which are sometimes difficult to recycle because of their composition or design. They really need packaging made of traceable raw materials and free of substances that interfere with the recycling process. Packaging design obligations are therefore a first necessity.

…of substances that interfere with the recycling process. Packaging design obligations are therefore a first necessity. However, the current regulations, do not provide the necessary incentives because they are not fully aligned with the waste hierarchy. Worse, current trends show an increase of type of packaging that is very difficult to recycle (flexible packaging, multilayer composites, biodegradable plastics or biobased plastics made of non-recyclable polymers). The packaging collection is also an important challenge in order to massify the flows, develop a secondary raw materials market and promote the economic balance. To be efficient, the recycling industry needs a secondary raw materials market decoupled from the virgin materials one which currently remains far less expensive for most of them.

…materials market decoupled from the virgin materials one which currently remains far less expensive for most of them. As long as the environmental benefits (low carbon footprint and fossil resources preservation) of recycled plastics won’t be translated into economic factors or incorporation requirements, there will not be any increase of recycling because plastics industry will not sufficiently integrate these elements in their choices.

…be any increase of recycling because plastics industry will not sufficiently integrate these elements in their choices. The necessary investments for the use of recycled materials could be supported by a reduction in extended producer responsibility costs (modulated eco-contributions, via bonus/malus, in particular for non-food grade packaging), by economic support from the Member States to processing companies (investment aid but also operating aid by initiating a "resource saving certificate" mechanism for the materials mostly in competition with virgin materials, in particular plastics) and by better information and incentives to consumers (purchasing preference linked to a display on the environmental footprint of products). For "food grade" packaging, applying financial constraints to avoid recycling disrupters could be an interesting lever for ensuring quality of the final product.

…constraints to avoid recycling disrupters could be an interesting lever for ensuring quality of the final product. Minimum mandatory recycled contents in packaging would be a strong signal for creating the secondary raw material market. Finally, the use of alternative materials (paper or cardboard) could also represent an alternative to fossils in packaging. However, attention must be paid to the overall environmental balance and to the ability to recycle new packaging at the industrial scale, even if it is a reusable packaging. Finally, FNADE wishes to point out that imported products should be concerned by the same rules, in order to preserve a level playing field. Ref. Ares(2020)4120630 - 05/08/2020

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