Interesų grupė
Position Paper of the German Association for Reusable Packaging Mehrwegverband Deutschland e.V. on the proposal by the European Commission on the EU Packaging and Packaging Waste Regulation (PPWR) 5th April 2023 Contact Mehrwegverband Deutschland e.V. c/o André Lang-Herfurth Moorweidenstr. 7 D-20148 Hamburg | Germany www.mehrwegverband.de | [email protected] Dr. Anika Oppermann, Chairwoman | [email protected] Ref. Ares(2023)2496065 - 06/04/2023 Mehrwegverband Deutschland e.V.
Chairwoman | [email protected] Ref. Ares(2023)2496065 - 06/04/2023 Mehrwegverband Deutschland e.V. Seite 1 About the German Association for Reusable Packaging The non-profit organisation was founded in 2022 and consists of 70 members, mainly companies and organisations that ● are system operators of reusable packaging solutions for food, E-commerce, take-away or body- and homecare articles, ● fill food, body- and homecare and other products in reusable packaging, ● investigate or research and/or consult the topic of reusables, and ● offer solutions in material selection, design, cleaning, logistics or sorting. Our common goal: avoid packaging waste and close material cycles to not lose valuable materials and resources. The clear focus of the association is on reusable packaging systems (in German “Mehrwegsysteme”).
…and resources. The clear focus of the association is on reusable packaging systems (in German “Mehrwegsysteme”). The German Association for Reusable Packaging fosters networking, the exchange of experience and collaboration between members and external actors from business, civil society and science. Together we are working to make reusable packaging an ecologically and economically advantageous option in as many areas as possible. We initiate and support practical projects to develop the physical and digital reusable infrastructure as well as projects to standardise and improve interoperability between reusable systems. We support scientific studies as well as public relations and capacity building for different target groups. Mehrwegverband Deutschland e.V.
…studies as well as public relations and capacity building for different target groups. Mehrwegverband Deutschland e.V. Seite 2 Our position at a glance The obligation to offer reusable packaging for take-away food (‘Mehrwegangebotspflicht’) as part of the amendment of the German Packaging Act in place since 1st January 2023 proves that legislation can significantly support innovative solutions and the necessary infrastructure to reduce packaging. Above all, formulating clear targets and necessary framework conditions while avoiding over-regulation, supports innovation and provides investment security. The German Association for Reusable Packaging therefore considers the proposal to amend the Directive (94/62/EC) on packaging and packaging waste, first issued in 1994, and its transformation into a regulation as an important initiative for a sustainable change in the packaging industry.
…and its transformation into a regulation as an important initiative for a sustainable change in the packaging industry. The German Association for Reusable Packaging particularly welcomes the fact that the draft contains reuse as an option for packaging, including concrete targets. At the same time, the steering effect in the current draft is limited by essential points.
…including concrete targets. At the same time, the steering effect in the current draft is limited by essential points. The German Association for Reusable Packaging therefore proposes: ● The clear and appropriate use of definitions of terms for reusable packaging, including a clear differentiation between reusable packaging or systems and refillable items in consumer possession ("bring your own" or "refill"), as well as the use of the wide used and common term "Mehrweg" in the German version of the Regulation; ● A realistic (practice oriented) description of reusable systems, replacing the currently inadequate and inaccurate distinction between "open and closed loop systems" in Annex VI of the draft regulation; ● A clear distinction of the concepts of reusable packaging and refilling in the targets as laid down in Art.
…clear distinction of the concepts of reusable packaging and refilling in the targets as laid down in Art. 26, an increase of the target for take-away/ready-prepared food, intended for immediate consumption, as well as the introduction of targets for other FMCG product groups; ● The exception of reusable packaging already in use as regards the specified minimum recycled content for packaging as laid down in Art. 7, as well as temporary exemptions for newly reusable packaging placed on the market, in case there are insufficient quantities of recycled material available on the market; ● To state explicitly the option for Member States to set more ambitious targets than those set out in the Regulation - e.g. to be allowed to set higher reusable targets; ● Not to include a mandatory obligation for the introduction of serialised labelling of reusable packaging, as it can be read from Art.
…a mandatory obligation for the introduction of serialised labelling of reusable packaging, as it can be read from Art. 11(2) and (4); ● Include a clearly regulated, general take-back obligation for reusable packaging. Mehrwegverband Deutschland e.V. Seite 3 Proposal in detail Clear definition and distinction of reuse concepts The term reuse refers to various concepts for packaging reduction, which must be clearly defined and distinguished from each other: 1. Reusable packaging in the frame of reusable systems (described in the draft Regulation as "reusable packaging within a system for re-use"). This packaging is (supported by an appropriate incentive) circulated within a process (e.g. cleaned and/or repaired) and then made available to be used for the original purpose (as defined in the German Packaging Act (VerpackG) §3 (3)). 2.
…then made available to be used for the original purpose (as defined in the German Packaging Act (VerpackG) §3 (3)). 2. Refill (bring-your-own): This is the possibility that suitable packaging is brought by customers for filling food or drinks. The containers are typically in the property of the customer, and customers are responsible for cleaning and storing the containers. The draft of the Regulation defines in Art. 10 reusable packaging, as packaging that has been conceived, designed and placed on the market with the objective to be re-used or refilled; (Art. 10 (1)). As a result, the definition contains a cross reference with regard to reusable packaging and carries the risk of misinterpretation. In addition, the terms are not used consistently - both in English and German versions of the draft.
…misinterpretation. In addition, the terms are not used consistently - both in English and German versions of the draft. For a legally secure EU Packaging Regulation, it is necessary that terms as defined in Art. 3 are used clearly and consistently, to make clear always which reuse concept is meant. The cross reference described above currently leads to massive inaccuracies in the draft regulation: ● Art. 11, 23, 24, 44 and 50 refer to "reusable packaging" only. We assume that "reusable packaging within a system for re-use" is meant here, since otherwise customer-owned packaging would need to be tagged with digital data carriers in the meaning of Art. 11 or could be returned via deposit and return systems; ● The English version uses the terms 'reuse' and 're-use', whereby a difference in terminology only becomes apparent on repeated reading.
…uses the terms 'reuse' and 're-use', whereby a difference in terminology only becomes apparent on repeated reading. The term 're-use' or 'system for re-use' (with hyphen) obviously refers to reusable packaging (in German ‘Mehrwegverpackung’) or reusable systems (in German ‘Mehrwegsysteme’), in contrast to 'refill'. The term 'reuse' (without hyphen) or 'reusable packaging', on the other hand, seems to correspond as a generic term (in German ‘Wiederverwendung’), but is not applied consistently in the draft. Here, too, we see a great danger of misunderstandings and misinterpretation. For more clarity and to avoid misinterpretation, the German Association for Reusable Packaging therefore recommends, to use in the German version of the Regulation ● use in Art.
Association for Reusable Packaging therefore recommends, to use in the German version of the Regulation ● use in Art. 3 (22) and (26) the established terms "Mehrweg" or "Mehrwegverpackungen" and "Mehrwegsystem" instead of "wiederverwendbarer Verpackungen im Rahmen eines Wiederverwendungssystems" and "Wiederverwendungssystem" ● instead of the current definition in Art.
35 → 12