European Bioplastics

PROPOSAL FOR REVISED RULES ON PACKAGING AND PACKAGING WASTE Position of European Bioplastics European Bioplastics (EUBP), the association represent- ing the interests of around 80 member companies from the entire bioplastics value chain, welcomes the Commission’s proposal for a revised Regulation on Packaging and Packag- ing Waste (PPWR)1. At EUBP, we believe that our innovative materials can con- tribute to achieving the proposal’s following objectives through the adoption of targeted measures that promote so- lutions based on biobased as well as compostable plastics: • carbon neutrality: Biobased plastics produced from sustainably sourced biomass can and will, if promoted, contribute to achieving climate neutrality by 2050 by featuring an overall significantly lower carbon footprint and reducing the need for virgin fossil-based feedstock.

…by featuring an overall significantly lower carbon footprint and reducing the need for virgin fossil-based feedstock. • (organic) recycling targets: Compostable plastic pack- aging has been proven2 to increase the capture rate of food waste for organic recycling and, at the same time, reduce the contamination of biowaste streams. Com- postable plastics should be enabled for all specific pack- aging applications linked to food and food waste. • innovation: Innovations in packaging materials and applications need to be enabled by allowing innovative materials a longer derogation period from the require- ments on recyclability and recycled content targets to scale up production and recycling volumes.

…from the require- ments on recyclability and recycled content targets to scale up production and recycling volumes. We appreciate that the Commission has recognized the im- portant role of compostable plastics in facilitating sepa- rate biowaste collection, which will be mandatory across Europe by December 2023, and that it increases the vol- ume and quality of the separately collected biowaste and diverts organic waste away from incineration and other waste streams. Furthermore, compostable plastics help to reduce the contamination of organic waste streams with conventional non-biodegradable plastics and, ultimately, reduce persistent microplastics in compost. If compostable plastics do end up in mechanical recycling streams due to misthrows, the existing sorting technologies are perfectly capable of removing them.

…recycling streams due to misthrows, the existing sorting technologies are perfectly capable of removing them. By mandating several packaging applications to be industri- ally compostable, including tea bags, coffee capsules, fruit and vegetable stickers, and very lightweight plastic carrier bags, the Commission has taken a first step in the right di- rection. However, EUBP insists on the need to extend the scope of compostable applications. This is because the pro- posed restrictions do not reflect consumer reality, stifle in- novation, and create uncertainties for this sector. - EUBP urges EU legislators to allow for other compostable plastic packaging, that complies with the criteria set out in Annex III of the proposed PPWR and that is certified according to the harmonized EU standard EN 13432, to be placed on the market and to enter organic recycling streams.

…to the harmonized EU standard EN 13432, to be placed on the market and to enter organic recycling streams. - Where appropriate waste collection schemes and waste treatment infrastructures are available, Member States should have flexibility in deciding whether to mandate the use of compostable plastics for additional specific plastic packaging applications, in particular those linked to food and food waste. Our members are particularly concerned and alarmed by the lack of the Commission’s proposal to recognize the signifi- cant contribution of the bioeconomy and its products, including biobased plastics, towards making the pack- aging sector more circular and sustainable. We argue that recyclability and reusability alone are not enough to put the packaging sector on track for climate neutrality by 2050 and to reduce the EU’s dependency on fossil resources.

…put the packaging sector on track for climate neutrality by 2050 and to reduce the EU’s dependency on fossil resources. EUBP urges the EU institutions to accelerate the uptake of biobased content to the same extent as recycled content in packaging. Despite the increase in recycling and reuse, virgin raw materials will be needed, especially when strict requirements on food safety and health must be met. Bio- 1 European Commission (November 2022) proposal for a revised Packaging and Packaging Waste Regulation, https://environment.ec.europa.eu/publications/proposal-packaging-and-packaging-waste_en 2 Italian compost association CIC, www.compost.it, and Zero Waste Europe (2020) “Bio-waste generation in the EU: Current capture levels and future potential.” https://zerowasteeurope.eu/wp-content/uploads/2020/07/2020_07_06_bic_zwe_report_bio_waste.pdf Ref.

…future potential.” https://zerowasteeurope.eu/wp-content/uploads/2020/07/2020_07_06_bic_zwe_report_bio_waste.pdf Ref. Ares(2023)2774503 - 19/04/2023 help to reduce the environmental impact of plastics and packaging by featuring an overall significantly lower carbon footprint. Biobased plastics can be recycled in existing re- cycling systems with the environmental advantage to make a considerable contribution to increased resource efficiency through a closed resource cycle and use cascades. - EUBP calls for biobased content to count as equivalent towards the recycled content targets set out in the PPWR proposal. Both bio-based and recycled content help to reduce the environmental impact of packaging by signifi- cantly reducing GHG emissions and should therefore be promoted in the same manner.

…impact of packaging by signifi- cantly reducing GHG emissions and should therefore be promoted in the same manner. - Biobased plastics offer a sustainable and safe alternative for packaging applications where reuse or recycling are not an option, especially when strict requirements on food safety and consumer health must be met. - Accordingly, EPR fees should promote the use of biobased content in packaging to help secure feedstock availability and decouple economic growth from the depletion of fossil resources. We consider it vital for the EU to enable and champion in- novation to ensure that the packaging sector is fit for the future and moving towards a sustainable and circu- lar economy model. The Commission’s legislative proposal, however, sets overly rigid hurdles for innovative materials, which will most certainly stifle the industry’s investments into R&D of innovative materials.

…for innovative materials, which will most certainly stifle the industry’s investments into R&D of innovative materials. The current proposal risks shutting down entire European businesses in the sector and moving investments and innovation outside of Europe. - EUBP urges EU legislators to review the requirements on recyclability and recycled content targets for innova- tive materials and to allow for a 10-year derogation period for innovative materials and polymers to scale up the necessary processes and infrastructure. - EUBP asks for ‘natural polymers’ to be clearly defined under the PPWR to guide innovation in sustainable solu- tions for future packaging needs. Nature-identical polymers should be treated and defined as natural polymers from the outset as they retain the original chem- ical structure and composition present in biomass.

…natural polymers from the outset as they retain the original chem- ical structure and composition present in biomass. About European Bioplastics European Bioplastics (EUBP) represents the interests of more than 80 member companies throughout the European Union. With members from the entire value chain, European Bioplastics serves as both a contact platform and catalyst for advancing the objectives of the growing bioplastics in- dustry. For further information, please visit http://european- bioplastics.org.

…of the growing bioplastics in- dustry. For further information, please visit http://european- bioplastics.org. Contact: European Bioplastics e.V., Phone: +49 30 28 48 23 50, Email: [email protected], www.european-bioplastics.org, April 2023 1 Proposed amendments to the Commission’s PPWR proposal The following proposed amendments to the Commission’s PPWR proposal aim to make sure innovative materials, such as biobased as well as compostable plastics are being recognised and incentivised for their considerable role in reducing the Union’s dependency on fossil-fuels, reducing GHG emissions, protecting biodiversity, and in being a fundamental driver for Europe’s economic and social growth in full respect of environment protection rules.

…in being a fundamental driver for Europe’s economic and social growth in full respect of environment protection rules. The proposed amendments are accompanied by justifications, which also highlight the overall arguments on why the PPWR proposal is hampering the development of biobased plastics and the promise they hold for increasing recycling rates of packaging waste. Commission Proposal on Packaging and Packaging Waste Regulation COM (2022) 677 final. on packaging and packaging waste, amending Regulation (EU) 2019/1020 and Directive (EU) 2019/904, and repealing Directive 94/62/EC. DRAFT Amendments. Recitals -35-36-37-38-39 Commission Proposal Proposed Amendment (35) The bio-waste waste stream is often contaminated with conventional plastics and the material recycling streams are often contaminated with compostable plastics.

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Position of European Bioplastics Bioplastics: Essential requirements of packaging Introduction: The members of European Bioplastics are active contributors, investors and innovators involved in the transformation of the packaging sector. We support an ambitious Green Deal that recognises the role of sustainable low carbon and circular solutions, such as renewable materials, in achieving circularity and climate neutrality while creating a sustainable competitive advantage for the European industry. Achieving climate neutrality requires the contribution of all sectors of the European economy, and clear incentives for developing climate-friendly and sustainable practices, products and technologies.

…economy, and clear incentives for developing climate-friendly and sustainable practices, products and technologies. While energy efficiency and renewable energy are fundamental to reach this objective, climate neutrality will only be possible by also cutting the emissions associated with the production, use and disposal of materials, such as packaging. To fully capture the potential contribution of a circular bioeconomy towards climate neutrality, recognition of the role of renewable and low carbon materials is fundamental. The future review of Essential Requirements in the packaging sector should therefore seek to promote the use of renewable and low carbon materials with climate benefits that act as carbon sinks and/or partially substitute fossil-based materials.

…low carbon materials with climate benefits that act as carbon sinks and/or partially substitute fossil-based materials. A significant fraction of biobased packaging is already recyclable but an over restrictive and exclusive emphasis on mechanical recycling at this early phase in both the elaboration of the Green Deal and of maturation of bioplastics sectors, will hamper innovation and sustainable growth in this area. This will be especially negative for beneficial new products that do not yet have a recycling stream. For the members of European Bioplastics, it is critical that there is acknowledgement and acceptance that compostability falls within the definition of recyclability since organic recycling is a valuable form of recovery, alongside mechanical recycling and is an important part of an overall integrated solution.

…a valuable form of recovery, alongside mechanical recycling and is an important part of an overall integrated solution. Ensuing maximum waste prevention is clearly the first step towards a circular economy, and bioplastics hold great added value in this respect. Using packaging to reduce food waste and composting biodegradable packaging enables the recycling of food waste which would otherwise be practically and economically prohibitive to otherwise recover. Bioplastics can also be appropriate in reusable models, reducing the generation of plastic waste, and can equally be appropriate for single use, depending on properties, functionality and impact.

…of plastic waste, and can equally be appropriate for single use, depending on properties, functionality and impact. Biobased and biodegradable/compostable plastics could play a significant role in helping reduce the impact and maximise the benefit of the packaging sector, and therefore it is crucial that any future amendment of the Essential Requirements for packaging enable further innovation and sustainable growth in this sector. European Bioplastics position on the Essential Requirement Ref. Ares(2020)4117979 - 05/08/2020 With this paper, European Bioplastics would like to provide some initial input to the Commission’s Inception Impact Assessment on Essential Requirements for the Packaging and Packaging Waste Directive.

…the Commission’s Inception Impact Assessment on Essential Requirements for the Packaging and Packaging Waste Directive. Our collective ambition is to ensure that the considerable benefits of bio-based, recyclable, compostable and biodegradable plastics are taken into consideration and that these materials can help contribute, to the fullest extent, towards delivering on the EU’s Green Deal. We consider that a failure to harness this potential will be significantly detrimental to the EU’s objectives in this core policy area. Current EU legislation defines a 'hierarchy' in waste management, where waste prevention and re-use are the most preferred options, followed by recycling which includes composting, as a form of organic recycling.

…re-use are the most preferred options, followed by recycling which includes composting, as a form of organic recycling. When looking at waste prevention measures, a coherent approach to the EU's policy framework for packaging and packaging waste is needed and prevention should be put into the context of the Waste Framework Directive (WFD) and the Packaging and Packaging Waste Directive (PPWD), which both also aim to increase recycling, including organic recycling. Guiding principles and rationale for EUBP recommendation on Essential Requirements: Both coherent terminology and a systemic approach to circular thinking are both paramount in considering the purpose of the Essential Requirements.

…a systemic approach to circular thinking are both paramount in considering the purpose of the Essential Requirements. Consequently, the following fundamental principles need to be taken into consideration:  Coherence between European legislation: Waste Framework Directive, Packaging and Packaging Waste Directive, Landfill Directive, Single-Use Plastics Directive, Food Contact Materials Regulation, Fertilizer Regulation (CMC 3: Compost), Plastics Strategy and Bioeconomy Strategy,  Essential Requirements and the eco-modulation of EPR fees must be coherent: o An underlying definition of recycling needs to include organic recycling and should be harmonized at EU level, o When promoting alternative feedstock concepts in EU legislation, these should not be limited to recycled feedstock, but need to also include bio-based feedstock,1 which can contribute to the overarching goals of the EU…

…feedstock,1 which can contribute to the overarching goals of the EU Green Deal to achieve climate neutrality by 2050. If we only focus on fossil resources in combination with recycling our dependence on fossil carbon will also remain for the longer term. In this context, it should also be noted that CEN harmonized standards already guarantee conformity to the Essential Requirements. A Circular Economy-centric approach towards recycling is needed 1 The EC study conducted by Eunomia on the ‘Relevance of biodegradable plastics in the Circular Economy’ as well as the JRC’s study on LCA for alternative feedstock for plastics contribute insights that are of high relevance to the revision of the Essential Requirements and the guidelines for the eco-modulation of EPR fees.

…of high relevance to the revision of the Essential Requirements and the guidelines for the eco-modulation of EPR fees. Before defining the term ‘recyclability’ and setting corresponding thresholds, a clear definition of ‘recycling’ needs to be determined. This needs to comprise mechanic, organic and feedstock recycling, as is the case in WFD Art 3 point 17, which states: “‘recycling’ means any recovery operation by which waste materials are reprocessed into products, materials or substances whether for the original or other purposes.

…waste materials are reprocessed into products, materials or substances whether for the original or other purposes. It includes the reprocessing of organic material but does not include energy recovery and the reprocessing into materials that are to be used as fuels or for backfilling operations;” Efficient waste management can only be achieved if mechanic and organic recycling are understood as interdependent and are allocated equal levels of hierarchical importance and regulatory provision2. A study released on 6 July this year by BIC and ZeroWaste Europe3 further highlighted the huge potential for increased collection and recycling of organic waste where compostable packaging could provide a valuable means of recovering this. This theory is born out in practice in cities such as Milan with the highest food waste collection rates where compostable packaging is promoted and used.

…in cities such as Milan with the highest food waste collection rates where compostable packaging is promoted and used. In line with this systemic approach, WFD Art 22 (bio-waste) promotes the use of biodegradable and compostable packaging for the separate collection of biowaste. In addition, PPWD Art 6.4a determines that biodegradable and compostable packaging (plastic or paper), that undergoes an aerobic or anaerobic treatment, may be counted as recycled for the respective packaging material. In the case of biodegradable plastics, the option of ‘organic recycling’ is once more mentioned in Article 3(16) of the Single-use Plastics Directive. Therefore, in line with existing legislation, organic recycling should be considered to be on equal footing with any other form of recycling.

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General Review of the Packaging and Packaging Waste Directive European Bioplastics Essential Requirements: 3 Guiding principles and 5 Recommendations The review of the Packaging and Packaging Waste Directive and its Essential Requirements should seek to promote the use of renewable, recyclable materials with climate benefits that act as, or help create, carbon sinks and decrease Europe’s dependency on finite fossil-carbon. Bio-based recyclable or biodegradable/compostable plastics could play a significant role in reducing the impact on the environment and climate whilst maximising the benefit of the packaging sector. Therefore, it’s crucial that any future amendment of the Essential Requirements for packaging enables and incentivises further innovation and sustainable growth in this sector. A significant fraction of bioplastic packaging is either mechanically or organically recyclable.

…growth in this sector. A significant fraction of bioplastic packaging is either mechanically or organically recyclable. Bio-based plastics made from renewable content such as sustainably produced sugar, starch, cellulose, vegetable oils, or wastes and residues, play an important role in closing both the materials and the carbon loops which are crucial for a circular economy. Biodegradable/compostable plastics used for food packaging help recover unavoidable waste, which might otherwise be lost to landfill or incineration. The nutrients in the biowaste are returned as high value compost boosting soil fertility. To ensure that the Essential Requirements are fit for purpose and that packaging fully contributes to Green Deal ambitions, coherent terminology and a systemic approach to circular thinking are both paramount.

…to Green Deal ambitions, coherent terminology and a systemic approach to circular thinking are both paramount. This also means reaching a clear agreement on what “recycling” means, on which materials represent circularity, and on how these are certified as sustainable throughout their lifecycle. For example, as set out below, it is also critical that there is acknowledgement and acceptance that industrial compostability falls within the definition of recyclability, since organic recycling is a valuable form of recovery, alongside mechanical recycling and is an important part of an overall integrated solution. Furthermore, it should be acknowledged that even where mechanically recycled content can be included in products, virgin material is still a required input, since recycled material cannot be used infinitely to an acceptable standard.

…virgin material is still a required input, since recycled material cannot be used infinitely to an acceptable standard. In addition, the Essential Requirements should, by nature, remain a ‘material-and technology-neutral’ set of guidelines. An overly restrictive and exclusive emphasis on mechanical recycling at this early phase in both the elaboration of the Green Deal and of maturation of bioplastics sectors, will stifle innovation and sustainable growth in this area. This will be especially negative for beneficial new products that do not yet have an established recycling stream. Such a “one-size-fits-all” preference for mechanical recycling would ignore the reality of significant leakage in the EU’s current waste management landscape. Ref. Ares(2020)8016047 - 31/12/2020 General Guiding principle 1. Recognising the importance of Bio-based for climate and circularity.

- 31/12/2020 General Guiding principle 1. Recognising the importance of Bio-based for climate and circularity. Achieving climate neutrality requires the contribution of all sectors of the European economy and clear incentives for developing climate-friendly and sustainable practices, products and technologies. While energy efficiency and renewable energy are fundamental to reach this objective, climate neutrality will only be possible by also cutting the emissions associated with the production, use and disposal of materials, such as packaging. Carbon should be regenerated through the use of renewable resources, in line with the European Commission’s 2018 Strategy ‘A Clean Planet for all’, which aims at a climate neutral economy by 20501, and in order to reach material net carbon neutrality.

…for all’, which aims at a climate neutral economy by 20501, and in order to reach material net carbon neutrality. The use of sustainable, renewable resources and, consequently, the boosting of a circular European bioeconomy, is already strongly advocated by the Commission itself through its recent Bioeconomy Strategy and its Plastics Strategy. The benefits of using renewable resources for the manufacture of packaging should also be reflected in the Essential Requirements as well as in guidelines for the ecomodulation of EPR fees. Guiding principle 2. Benefiting from Organic Recyclability Current EU legislation defines a 'hierarchy' in waste management, where waste prevention and re-use are the most preferred options, followed by recycling which includes industrial composting, as a form of organic recycling.

…the most preferred options, followed by recycling which includes industrial composting, as a form of organic recycling. A coherent approach to the EU's policy framework for packaging and packaging waste is needed with prevention set in the context of the Waste Framework Directive (WFD) and the Packaging and Packaging Waste Directive (PPWD). These both aim to increase recycling, including organic recycling. Efficient waste management can only be achieved if mechanical and organic recycling are understood as interdependent and are allocated equal levels of hierarchical importance and regulatory provision2. Indeed, these two solutions are complementary, with compostable packaging providing for the recovery of packaging which is not currently recycled.

…are complementary, with compostable packaging providing for the recovery of packaging which is not currently recycled. Furthermore, the Essential Requirements should not seek to impose restrictions on suitable applications for bio-based or biodegradable/compostable plastics in the absence of health and safety justification. For the sake of future clarity, the requirements for packaging, recoverable in the form of composting and biodegradable packaging, should be merged to help avoid confusion between biodegradable and compostable. To help meet the mandatory separate collection of bio-waste targets by 2024, EPR fees should cover the cost of recycling in industrial composting/AD facilities. This would help boost innovation and financial incentives in the modernisation and creation of new organic recycling infrastructures in the EU.

…and financial incentives in the modernisation and creation of new organic recycling infrastructures in the EU. 1 The strategy stresses the important role of sustainable biomass in a net-zero GHG economy. It further refers to the growing demand for bio-based plastics and states that the land impact is expected to be limited (p. 179). 2 According to the European Compost Network’s (www.compostnetwork.info) data, bio-waste is the largest fraction in municipal waste streams with shares of up to 50%. Separate collection of bio-waste and other fractions are key to realising a circular economy and to creating high-quality secondary products.

…bio-waste and other fractions are key to realising a circular economy and to creating high-quality secondary products. General In summary, the definition of recycling includes organic recycling, in line with the provisions already present in the Packaging Directive issued in 1994, thus the definition of “recyclability” or “recyclable” needs to also encompass organic recycling. Guiding principle 3. Acknowledging the proven EU standard for packaging recoverable through composting and biodegradation. On the revision of the harmonised standard EN 13432 “Requirement for packaging recoverable through composting and biodegradation”, it should be duly noted that after 20 years and three confirmatory systematic reviews (in 2005, 2010, and 2015) the standard has proved to be a valid test scheme with robust evaluation criteria for the organic recycling of compostable packaging.

…proved to be a valid test scheme with robust evaluation criteria for the organic recycling of compostable packaging. While EUBP welcomes a proposed update/revision of this standard, we are concerned by the generic statements – reported in the consultation – such as “ensure actual composting conditions are taken into account”. It should go without saying that when technical standards are reviewed, they are subjected to analysis to verify their adequacy with respect to any changes that have occurred in the technologies concerned. Thus, the revision process of the actual composting conditions should take as a baseline the EU’s best practices in organic recycling processes that are capable of delivering high quality and mature compost. 5 EUBP ER policy recommendations:

…recycling processes that are capable of delivering high quality and mature compost. 5 EUBP ER policy recommendations: 1. Encourage the use of bio-based resources for the manufacture of packaging as stated in WFD and PPWD in a manner equivalent to the promotion of recycled content, by recognising the de-fossilisation potential of bio-based packaging3, as well as the potential for ‘closing the carbon loop’ by setting an adequate waste management fee. 2. Clarify the definition of “recyclability” or “recyclable”. The definition of recycling includes organic recycling, in line with the provisions already present in the Packaging Directive issued in 1994, thus the definition of “recyclability” or “recyclable” shall encompass organic recycling.

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