Polski Związek Przemysłu Kosmetycznego

Position of the Polish Union of the Cosmetics Industry on the Draft Packaging and Packaging Waste Regulation (PPWR) General comments 18th April 2023 Form of the act and scope The Polish Union of the Cosmetics Industry welcomes the change of the act from a Directive to a Regulation while maintaining the legal basis of the single market. The proposed change will harmonise packaging legislation across Member States and avoid fragmentation of the single market, and a proliferation of schemes and national and sub-regional regulations. This will enable the implementation of the principles of a circular economy for packaging across the EU market. The implementation of packaging legislation in the form of regulation will unify product labelling rules, which is key from the perspective of marketing products in the EU market.

…will unify product labelling rules, which is key from the perspective of marketing products in the EU market. It will also harmonise sorting rules and the recyclability of packaging across the EU. It will thus facilitate separate collection and recycling of packaging and reduce the current burdensome market fragmentation in national systems. As a matter of principle, it should be noted that economic operators should not be considered the only entities liable under the PPWR and should therefore not be subject to disproportionate reporting or administrative burdens. The Union notes that any packaging measures or decisions included in the PPWR should be based on a preliminary life cycle assessment (LCA), which determines the total environmental impact of a product throughout its life cycle (i.e.

…cycle assessment (LCA), which determines the total environmental impact of a product throughout its life cycle (i.e. production, transport, use and disposal), and is not included in the current packaging approach outlined in the draft PPWR. Only then will it be possible to fully achieve the objective of reducing the environmental impact of packaging. Definitions (Article 3) The cosmetics industry welcomes the definition of ‘packaging’ which means “items of any materials that are intended to be used for the containment, protection, handling, delivery or presentation of products and that can be differentiated into packaging formats based on their function, material and design (...)”.

…of products and that can be differentiated into packaging formats based on their function, material and design (...)”. In particular, Union welcomes the understanding of product presentation as a function of packaging and the recognition of the variety of packaging formats - which, in the case of the cosmetics industry and the diverse functions cosmetic products perform, is important from a consumer perspective. Keeping the current definition is crucial for the practical implementation of this regulation. The Union also welcomes the inclusion of cosmetic products in the proposed definition of ‘contact sensitive packaging’. This addresses the key role of packaging in protecting cosmetic products and ensuring consumer safety. It is therefore necessary that the proposed definition of ‘contact sensitive packaging’, which includes cosmetic products, remains unchanged. Ref.

…the proposed definition of ‘contact sensitive packaging’, which includes cosmetic products, remains unchanged. Ref. Ares(2023)2882828 - 24/04/2023 str. 2 Requirements for substances in packaging (Article 5) In order to enhance legal clarity and consistency, the PPWR proposal should avoid duplication and ensure consistency between the Regulation and legislation on packaged substances. In particular, the PPWR provisions should take into account the upcoming reviews of horizontal and sectoral legislation resulting from the Chemicals Strategy for Sustainability (CSS). Recyclable packaging (Article 6) According to the draft, all packaging components will have to undergo a recyclability assessment procedure and meet Design for Recycling (DfR) criteria to be defined in a delegated act.

…a recyclability assessment procedure and meet Design for Recycling (DfR) criteria to be defined in a delegated act. These assessments should be linked to an eco-modulation mechanism - a proportionate differentiation of extended producer responsibility fees. It is therefore crucial that the DfR guidelines are supported by scientific facts, developed in close cooperation with stakeholders involved in the packaging value chain and reviewed on a regular basis. According to the cosmetics industry, recyclability classes, which are linked to proportional EPR fees, are a good incentive to increase the recyclability of packaging. The Polish Union of the Cosmetics Industry points out that the cosmetics industry uses small packaging for some product categories which, with the available technology and infrastructure, is not always collected, sorted and recycled in all Member States.

…with the available technology and infrastructure, is not always collected, sorted and recycled in all Member States. This type of packaging is not detected in sorting facilities and is considered 'non-recyclable', even though it may be fully designed for recycling. Despite active design efforts, we have limited control over the collection, sorting and recycling systems for small packaging of cosmetic products. We would therefore like to emphasise the importance of innovation in recycling technology. It is crucial to support the optimisation of mechanical recycling through innovative sorting and recycling methods so that small packaging formats are also collected, sorted and recycled in practice. In this area, regulatory support for chemical recycling in both the PPWR and the revised Waste Framework Directive (WFD) is particularly important.

…for chemical recycling in both the PPWR and the revised Waste Framework Directive (WFD) is particularly important. Chemical recycling is not intended to replace mechanical recycling but should be considered as a complementary method to mechanical recycling in those cases where mechanical recycling is not possible, especially for those applications of secondary raw material packaging that require a high level of purity and safety, such as packaging for food or cosmetic products. Minimum content of recycled materials in plastic packaging (Article 7) Cosmetics manufacturers are required to meet the post-consumer recycled (PCR) plastic targets for packaging for contact with sensitive products.

…required to meet the post-consumer recycled (PCR) plastic targets for packaging for contact with sensitive products. A key challenge for the use of recycled materials in cosmetic products is the lack of high-quality secondary materials at a competitive price and in sufficient quantities, as well as the lack of adequate infrastructure in several EU Member States. This is particularly true for the cosmetic sector, where high-quality materials must be used. In practice, the cosmetics industry mostly uses food contact materials. In this connection, the Union draws attention to the following three issues:

…mostly uses food contact materials. In this connection, the Union draws attention to the following three issues: 1. It is not possible to obtain high-quality recyclates in sufficient quantities by mechanical recycling alone. Complementing mechanical recycling with innovative recycling methods, particularly such as chemical recycling, is required. Chemical recycling must gain acceptance at a regulatory level as a means of complementing mechanical recycling. str. 3 Chemical and other forms of innovative recycling may offer opportunities to increase the availability of raw materials and address the current problems associated with the required quality and purity of secondary raw materials for primary packaging. We call for chemical recycling to be included in the PPWR project.

…of secondary raw materials for primary packaging. We call for chemical recycling to be included in the PPWR project. 2. It is also important to maintain equal access to high-quality recyclates for all industries covered by the mandatory recycled content targets for packaging. No industry or product category should be discriminated against or favoured in access to recyclates. 3. We also note that achieving the set PCR targets requires not only a huge investment but also a well-coordinated and concerted effort from all market players, including the regulator. The industry's use of recycled materials in product packaging depends directly on the external packaging value chain, market dynamics and supply chain fluctuations.

…packaging depends directly on the external packaging value chain, market dynamics and supply chain fluctuations. Given the particular challenges associated with the use of recyclates, the Union calls for ensuring that the level of recyclate content in packaging is applied to the whole company/portfolio as a whole and not to individual packaging. The recycled plastic content that can be incorporated into packaging varies depending on the product application and type of packaging. The cosmetics industry uses a variety of product packaging. Some are characterised by a limited possibility to use recycled materials due to technical and safety constraints (e.g. flexible packaging and sensitive product applications). In other packaging, the recycled content can be higher and exceed the required levels.

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…1 Comments of the Polish Union of the Cosmetics Industry on the Commission proposal to partially exclude stretch film from reuse targets in accordance with Article 29 of the PPWR The Polish Union of the Cosmetics Industry welcomes the efforts of the European Commission aimed at ensuring the workability of the PPWR regulation, including the exemption for flexible plastic packaging from the reuse obligations under Article 29. Unfortunately, the draft decision does not guarantee such workability. The obligations under Article 29 remain unfeasible, even in the form proposed in the delegated act. The most significant concern is the lack of legal clarity with regards calculation of the reuse targets. The European Commission does not provide information what will be the methodology for calculating the reuse targets of transport packaging referred to in Article 29 of the PPWR.

…will be the methodology for calculating the reuse targets of transport packaging referred to in Article 29 of the PPWR. Without this information, it is impossible to properly assess feasibility of the proposed targets. The regulation does not specify whether the 100% or 40% targets are to be calculated based on the mass of specific material or per single transport packaging unit composed of different materials and calculated as a whole. Current reporting systems, in accordance with EU legislation (PPWD), are based on packaging type and material, but not on the packaging considered as a one single unit even if consisting of multiple material components. This lack of clarity leads to significant legal uncertainty and hampers the assessment of the feasibility of the proposed provisions for economic operators.

…legal uncertainty and hampers the assessment of the feasibility of the proposed provisions for economic operators. It is incoherent that the Commission applies different approaches within a single article of the PPWR. The lack of an environmentally and economically justified alternative technology for replacing stretch film makes it impossible to achieve either 100% or 40% reuse of stretch film in transport packaging. It is irrelevant whether such packaging is transported within one country or across the EU and between which types of entities (B2B or B2C). Given that environmental and economic data have been considered sufficient to apply exemptions under Article 29(18) in relation to paragraphs 2 and 3, the failure to apply the same logic to paragraph 1 is unjustified.

Article 29(18) in relation to paragraphs 2 and 3, the failure to apply the same logic to paragraph 1 is unjustified. It is therefore crucial that the ongoing consultations result in the inclusion of stretch film (and PET strapping) within the scope of the decision also in relation to Article 29(1). Otherwise, this provision will remain unfeasible in practice, undermining both environmental objectives and the competitiveness of European industry and logistics. By its very nature, stretch film is a single-use packaging format and does not meet the definitional or practical conditions for reuse. Its function is to mechanically protect loads with irregular, three- dimensional shapes by tightly wrapping them. This requires a thin, stretchable film with excellent adhesion properties that clings tightly to the surface of the load.

…requires a thin, stretchable film with excellent adhesion properties that clings tightly to the surface of the load. Attempts to develop reusable stretch film systems confirm the inability to maintain key adhesion properties after the first use. In practice, removing the film results in its permanent damage – it loses its ability to adhere and function, rendering reuse impossible. Currently, there are no technologies available to reuse stretch film in logistics. Tests of alternative reusable transport securing systems (e.g. straps or elastic elements) have not ensured adequate load stabilization and have failed in operational conditions. These systems become misaligned, and the transport protection is insufficient, leading to product damage and resource waste, which contradicts the environmental goals of many Green Deal regulations.

…leading to product damage and resource waste, which contradicts the environmental goals of many Green Deal regulations. The Commission's draft delegated act is based solely on Article 29(18)(a) of the PPWR, i.e., the criterion of specific economic constraints on industry. However, the draft entirely omits the Ref. Ares(2026)183909 - 08/01/2026 2 environmental criterion provided in Article 29(18)(c). This is difficult to understand, especially as the Commission has access to peer-reviewed LCA studies that clearly show that for stretch film and PET strapping, single-use systems have a better environmental performance than reusable ones. The results of these analyses demonstrate that implementing reuse systems for flexible formats would lead to higher emissions, greater resource use, and reduced logistics efficiency, which is contrary to the objectives of the PPWR.

…emissions, greater resource use, and reduced logistics efficiency, which is contrary to the objectives of the PPWR. According to Article 29(18)(c), such environmental evidence constitutes grounds for excluding specific packaging formats from reuse targets at the format level. We believe that the primary objective of the exemption should be the circularity of raw materials and the optimization of logistics, not the imposition of reuse systems where they generate unjustified environmental and operational costs and entail the risk of resource waste. Stretch film should be explicitly excluded from the reuse obligations under Article 29(1), (2) and (3). __________________________________ Cosmetic products essential for society Cosmetic products are essential for maintaining hygiene and body care and improving appearance and perfuming.

…society Cosmetic products are essential for maintaining hygiene and body care and improving appearance and perfuming. They contribute to the health and well-being of individuals and society as a whole. In this context, they belong to the group of "essential products". Cosmetics industry in Poland The value of the Polish cosmetics market in 2024 amounted to EUR 5.8 billion. Poland is the 5th market in the European Union. The Compound Annual Growth Rate (CAGR) for our market was 7.1% in the period 2014-2024. The Polish cosmetics market is characterized by high competitiveness, diversity and high fragmentation. Poland is the second country in the EU, with the largest number of SMEs – 766 in 2023. One in five SMEs in the EU was established in Poland. In 2024, the value of exports of the Polish cosmetics sector amounted to EUR 6.0 billion.

EU was established in Poland. In 2024, the value of exports of the Polish cosmetics sector amounted to EUR 6.0 billion. This proves the possibility of development and expansion. Poland is the 9th exporter in the world with a share of 4.0% (2024). The Polish Union of the Cosmetics Industry is the only organization in Poland that represents and supports the strategic goals of only entrepreneurs in the cosmetics industry. Since 2002, it has been an active voice of the sector in the law- making process. It effectively cooperates with Polish and European administration institutions, and together with member companies, it develops and implements solutions leading to the development of the Polish cosmetics market, which today is the 5th in the European Union.

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The Polish Union of the Cosmetics Industry Contribution to the EC roadmap public consultation on “Essential requirements for packaging and reduce (over)packaging and packaging waste” The cosmetics industry in Poland shares the European Commission views with regards to the impact of climate change by 2050. The Polish Union of the Cosmetics Industry welcomes the European Commission’s European Green Deal announcement and its goals. The cosmetics industry, as representative of the sector involved in the placing of packaged goods on the market awaits the proposals on “Essential requirements for packaging and reduce (over)packaging and packaging waste” for a long time. We consider changes towards the circular packaging and limiting packaging waste as essential and inevitable.

…long time. We consider changes towards the circular packaging and limiting packaging waste as essential and inevitable. The Polish Union of the Cosmetics Industry considers the following elements are critical for successful and sustainable implementation of essential requirements including improvement of packaging recyclability: The European Single Market is one of the European Union’s greatest achievements, underpinning the competitiveness of European businesses and establishing the EU as a key global market and export partner to third countries. The gradual fragmentation of the Single Market must be prevented, and its smooth functioning and the free movement of goods, so vital to competitiveness and growth, must be assured by removing barriers.

…and the free movement of goods, so vital to competitiveness and growth, must be assured by removing barriers. A functioning Single Market for secondary raw materials with harmonised rules on packaging (including labelling, recycled content, recyclability rules etc) is key, as it allows the free movement of packaging and packaged goods in the European Union. State of play in various MS: While it is legitimate for striving for full harmonisation of rules on packaging cross the internal market, it is necessary to take into consideration state of play in the area if the waste management systems in various Member States. Appropriate transitional measures/ transitional period should be granted to allow less advances countries to adapt to the new requirements. Poland is still in the process of full implementation of the Extended Producer Responsibility (EPR).

…new requirements. Poland is still in the process of full implementation of the Extended Producer Responsibility (EPR). Future recycling capacities, recyclability etc. – will depend on how the EPR will be implemented. Education: Systematic education should be part of any system improving recyclability of the packaging. Proper sorting is a key and first step for efficient recycling quality of secondary materials. Even fully recyclable packaging cannot be efficiently recycled if not properly sorted by the final user. Automatic sorting systems can help improve the quality of sorting, but the first – post consumer stage of sorting is the key one. This is especially important for material recycling of plastics packaging. Low quality of post consumer sorting is one of the key challenges in efficient material plastics recycling and closing the loop towards circular plastics packaging management.

…in efficient material plastics recycling and closing the loop towards circular plastics packaging management. Education is also vital for building consumer acceptance of new circular packaging which is often characterized by less appealing appearance including colour. Safety of the product for human health including the safety of the packaging is at heart of many EU sectoral regulations including cosmetics. Any requirements with regards to the circular packaging, such as re-use, recycled content etc., must not compromise stringent EU regulatory regimes for human safety.

…packaging, such as re-use, recycled content etc., must not compromise stringent EU regulatory regimes for human safety. Cosmetics industry specificities and regulatory regime including product safety should be taken into account in the context of packaging’s functionality, namely its role in: • Protecting the product and through it the safety of the consumer, • Product application, enabling correct application and safe use of the product, • Increasing shelf-life and contributing to product waste reduction, and • Facilitating transport, handling and distribution. Measures to increase the recyclability and re-usability and/or to reduce waste generation must take into account the critical aspects of packaging for cosmetic products highlighted above.

…waste generation must take into account the critical aspects of packaging for cosmetic products highlighted above. Re-use: Promotion of the re-use packaging systems should take into account the existing safety, quality and good manufacturing practice requirements for particular categories of pre-packed goods. For cosmetic products, possibility of re-use is very limited and if possible - will be limited to certain categories of products only. This is due to microbial Ref. Ares(2020)4147946 - 06/08/2020 quality requirements and good manufacturing practices requirements. The same can be assumed for other pre-packed goods with stringent safety requirements as food, pharmaceutical products, medical devices etc. Recyclability: Recyclability should be precisely defined and harmonized at EU level. Harmonized EU methodology to assess recyclability should be set, such as e.g.

…defined and harmonized at EU level. Harmonized EU methodology to assess recyclability should be set, such as e.g. International (ISO) or European (CEN) standards. This methodology should be accepted and applied by all EU Member States. As a result, recyclability tested in one Member State should be accepted by all other EU Members States. Today, in practice, recyclability is dependent of the availability of recycling infrastructure and technologies in the particular Member State, as target and waste are managed on national level. On the other hand, according to the EU regulatory system most of pre-packed goods are placed on the common EU market, but not on the separate national markets. This should be properly address in a way protecting the single market but not discrediting countries with less recycling capacities today.

…address in a way protecting the single market but not discrediting countries with less recycling capacities today. Today recyclability is assessed on country-by-country basis for product places on the common EU market. Mapping of packaging recyclability across EU should be done as important starting point for implementing requirements for full recyclability of packaging. In case of many packaging type it is not easy to find information whether particular packaging is recycled or not. Moreover, recyclability may differ from one recycler to another and may depend on the sorting, cleaning and recycling technologies applied. Recycled content: Targets for recycled content, if set, should take into consideration safety requirements in particular category of consumer goods (e.g. cosmetics products) as well as availability of secondary materials.

…in particular category of consumer goods (e.g. cosmetics products) as well as availability of secondary materials. Currently the availability of recycled materials for cosmetics packaging preferred by the recycler (PP, HDPE) of food grade seems to be limited. The main secondary materials of food grade available is rPET. On the on the other hand, PET and r-PET is not preferable material for cosmetics packaging by the recyclers. In many countries, PET is easily recycled if coming from food packaging, while cosmetics PET is not. Today, due to safety reasons, recycled content in case of cosmetics packaging is usually limited to the part of the packaging which do not have direct contact with the product (bulk mass).

…is usually limited to the part of the packaging which do not have direct contact with the product (bulk mass). Appropriate quality of recyclates should be provided ensuring consumer and product safety, based on EU-wide definitions of recyclability and minimum quality standards for recyclates. It should be stressed that availability of the secondary materials at local markets is closely related to the number of recyclers and recycling installations. In some countries, as Poland this availability – in terms of material, amount and quality is very limited. Recyclers and recycling infrastructure need investments to make recycling of non-food post- consumer plastics packaging cost-effective. Bio-plastics: Bio-plastics is quickly growing category of plastics. They are often communicated as more sustainable alternative to conventional plastics.

…growing category of plastics. They are often communicated as more sustainable alternative to conventional plastics. There are plenty of new, innovative materials made of various natural sources. Sorting rules and recycling systems are not clearly defined in many cases. It seems that waste management system is not always prepared for the sorting and recycling of certain bio-plastics. Clear rules and recommendation of sorting and recycling for each types of bio-plastics are necessary to make proper communication to the consumer. Overall environmental performance: A holistic assessment of the environmental impact of packaging should be applied. Environmental performance should be assessed throughout the entire life cycle of the packaged product. Mechanically recycled, chemically recycled and biobased plastics should be evaluated based to their circularity potential.

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