Extended Producer Responsibility Alliance

…1 April 2023 EXPRA POSITION PAPER ON PPWR The Extended Producer Responsibility Alliance (EXPRA), representing 32 non-profit national EPR organizations across Europe and beyond, supports the Commission’s proposal to review the current packaging and packaging waste directive (PPWD). We believe that it is of crucial importance to set up a forward-looking and ambitious regulatory framework for packaging waste management enabling national and local entities to implement effective and efficient packaging and packaging waste management systems. The adoption of realistic and holistic policies is necessary to ensure packaging functionality is safeguarded whilst contributing to reducing the climate and environmental impact of packaging. Not all circular policies have an equally positive effect on the climate, and a scientifically robust approach based on life-cycle assessments should be favored.

…positive effect on the climate, and a scientifically robust approach based on life-cycle assessments should be favored. Regulatory predictability is key to ensuring investment security, especially in waste management infrastructures. Therefore, we would like to offer a series of recommendations to enhance the proposal, based on the extensive expertise of our members in EPR, waste management, and data collection throughout Europe. Key Takeaways  The definition of the obliged part of the packaging value chain should be clarified to avoid fundamental changes in the structure and governance of all EPR systems.  Targets on recycled content, reuse and refillable solutions should be set at a national level (like the current recycling targets) instead of at a company or unit level.

…solutions should be set at a national level (like the current recycling targets) instead of at a company or unit level. • Separate collection of packaging waste at source should be the preferred solution to be accompanied by other systems, such as DRS, allowing Member States to decide regarding the collection of packaging waste, taking into account local conditions, existing investments, and accomplishments.  In relation to recyclability criteria, a traffic-light system tied to the costs of recycling could be introduced to simplify the eco modulation of EPR fees. It is important to carefully define recyclability at scale to avoid hindering innovative packaging and recycling solutions.  The specificity of industrial and commercial packaging should be recognized, as the proposed Regulation has been drafted considering mainly household packaging.

…packaging should be recognized, as the proposed Regulation has been drafted considering mainly household packaging. This also concerns the development of Design for Recycling criteria, the ‘recycled at scale’ definition and the use of recyclates. • A level playing field must be ensured tackling non-compliance of EPR obligations especially on online sales and online market places using existing legislation in some EU Member States.  In light of the large amount of secondary legislation planned, connect the deadlines with the publication of the related secondary legislation while an EU technical committee on packaging and packaging waste must be established. Ref. Ares(2023)2858605 - 23/04/2023 2 Our estimated analysis1 showed that EXPRA members’ recycling practices save the CO² equivalent of an annual car trip from Paris to Amsterdam per capita.

EXPRA members’ recycling practices save the CO² equivalent of an annual car trip from Paris to Amsterdam per capita. Efficient waste management systems thus make a key contribution to limiting climate warming, which could be drastically improved by implementing best practices across all EU Member States. Producer Responsibility Organizations (PROs) are currently the only actors in a neutral position to enable, facilitate, and assess full circularity. Where PROs have a say in the design of the waste management systems, they are key in helping industry to improve packaging sustainability, establish state of the art treatment infrastructures, collect data, and ensure public awareness on the benefits of recycling of consumers.

…the art treatment infrastructures, collect data, and ensure public awareness on the benefits of recycling of consumers. Therefore, EPR plays an essential role in ensuring that the circular economy measures have a positive impact on the climate under the right enabling conditions, which should be strengthened by any new legislation.

…impact on the climate under the right enabling conditions, which should be strengthened by any new legislation. 1. Clarify the definition of the company obliged under EPR in compliance with WFD According to Art. 40 of the PPWR proposal, “producers of packaging” shall fall under EPR for the packaging they place on the market, which can be understood as only those companies manufacturing the packaging. Up until now, in the Waste Framework Directive and the Packaging and Packaging Waste Directive, a Member State had a margin of maneuver concerning which actor along the packaging value chain is to be made responsible for the fulfillment of the EPR obligations. In this framework, most Member States mandated the value chain part filling the packaging with goods/products. We believe that ensuring a reference to Article 3, paragraph 10 of the PPWR proposal is important for more clarity,…

…coherent with the current legislative framework to avoid governance and structural changes in over 20 Member States. 2. National targets vs individual targets (by company or by unit) In the PPWR proposal, several new targets and obligations have been introduced (like minimum targets for recycled content (RC), re-use and refill) and, imposed on companies or packaging units. We believe that such individual targets would lead to unfair competition between companies and other sectors which were already using recyclates, leading to very high prices for recyclates.

…between companies and other sectors which were already using recyclates, leading to very high prices for recyclates. As there is already a functioning precedent in the SUPD, where the plastic part of packaging must contain a minimum RC target of 30% in PET bottles (calculated as an average for all PET bottles placed on the market on a Member State), we think the same calculation method should apply to the new RC targets proposed in the PPWR to avoid double reporting and compliance. National targets should also apply to re-use targets, as these place SMEs under pressure, due to the large investments required to run both single use and reusable systems. Overall, national targets will minimize competition distortion between large and small companies.

…and reusable systems. Overall, national targets will minimize competition distortion between large and small companies. This would also apply to the upcoming competition between mechanical and chemical recycling processes, safeguarding the related R&D long term investment plans in order to ensure wide 1 Calculation tool developed by EXPRA available at https://www.expra.eu/uploads/EXPRA%20CO2%20presentation%20l.pdf 3 accessibility and availability of recyclates (Article 7.1 and 7.2 on minimum RC in plastic packaging) to achieve the targets. We believe that setting these targets at national level (like the packaging waste recycling targets) would be better suited to have a centralized solution. PROs could play an important role, given their experience and knowledge of the packaging market.

…centralized solution. PROs could play an important role, given their experience and knowledge of the packaging market. Competing private parallel solutions will have a negative environmental impact eliminating the potential benefits of reuse and refill systems. 3. Separate collection of packaging waste and mandatory DRS Mandatory DRS for recycling is included in the proposal but not with the same obligations, targets or performance standards as imposed on EPR systems. It should be recognized that DRS is just another capture tool, as much as separate collection systems at source. It must remain up to Member States to decide on the implementation of EPR or DRS systems to reach the separate collection and recycling targets. Mandatory DRS systems should be under strict scrutiny and subject to the same performance targets (including recycling) as EPR systems.

…should be under strict scrutiny and subject to the same performance targets (including recycling) as EPR systems. Further requirements should be set to strengthen the transparency for all stakeholders, including costs, unredeemed fees, etc. Bearing in mind the social, cultural, economic and local specificities of Member States, EXPRA strongly supports a technological neutral approach for the achievement of packaging circularity objectives. EU Member States have built different models of packaging waste management considering their own specificities. For instance, the Italian model, represented by CONAI, and the Belgian one, represented by Fost Plus and Valipac, have both achieved high collection and recycling rates despite having very different systems in place.

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…1 EXPRA’s feedback on the EU public consultation on “Reducing packaging waste - review of rules” 06 August 2020 This paper outlines EXPRA’s views on the Commission’s consultation on “Reducing packaging waste - review of rules”, as part of the revision of the Packaging and Packaging Waste Directive (PPWD – Directive (EU) 94/62 amended by 2018/852). Regulatory context Recital 21 of the PPWD (Directive (EU) 2018/852) highlights the need to review the Essential Requirements (ER), as laid out in Directive 94/62/EC, in order to boost prevention of packaging waste, reduce its environmental impact and promote recycling materials of high quality, while also safeguarding the functioning of the internal market, avoiding obstacles to trade and preventing distortion and restriction of competition.

…of the internal market, avoiding obstacles to trade and preventing distortion and restriction of competition. Article 9(5) of the PPWD further states that the European Commission shall, by 31 December 2020, “examine the feasibility of reinforcing the essential requirements with a view to, inter alia, improving design for reuse and promoting high quality recycling, as well as strengthening their enforcement”. In a ‘circular economy’, waste is reduced and goods are re-used and recycled as much as possible. This means that packaging waste should also be reduced, and packaging should be made easier to recycle. The Commission will review the requirements on packaging and packaging waste in the EU. This will include assessing how to: • improve packaging design to promote reuse and recycling • increase recycled content in packaging • tackle excessive packaging • reduce packaging waste.

…reuse and recycling • increase recycled content in packaging • tackle excessive packaging • reduce packaging waste. General remarks The Extended Producer Responsibility Alliance (EXPRA), representing industry-owned, non-profit packaging and packaging waste recovery and recycling organisations, welcomes the opportunity to provide feedback on packaging waste prevention and essential requirements as part of the EU consultation on the PPWD review. The comments below address EXPRA’s views and main policy asks with regards to measures aimed at reducing the generation of packaging waste by increasing packaging circularity as well as updating and improving the essential requirements and their enforcement. EXPRA supports prevention goals within the PPWD, which the essential requirements should promote by, inter alia, reinforcing packaging design circularity.

…the PPWD, which the essential requirements should promote by, inter alia, reinforcing packaging design circularity. Packaging waste generation represents less than the 4% of the total waste generation, of which 80% fed circular economies (67% via recycling and 13% via recovery) in 20171. 1https://appsso.eurostat.ec.europa.eu/nui/show.do?dataset=env_wasgen&lang=en; https://appsso.eurostat.ec.europa.eu/nui/show.do?dataset=env_waspac&lang=en Ref. Ares(2020)4142009 - 06/08/2020 2 We believe that packaging has an important role in meeting the objectives of the Green Deal as well as climate neutrality targets through material efficiency and reuse/recycling. However, we deem it important that any measure proposed as part of the PPWD review is proportional to the “problem” and cost-effective, avoiding increased complexity, or additional burden, for the industry.

…to the “problem” and cost-effective, avoiding increased complexity, or additional burden, for the industry. Regarding Waste Prevention EPR organisations not only contribute to meeting the ambitious EU objectives on packaging and packaging waste recycling and recovery; they already undertake and support packaging waste prevention measures adopted both at national level and across the EU. As part of said remit, EXPRA members develop a wide range of activities focused on preventing packaging waste at source, including promoting reuse. They also place great value on packaging design, collection and sorting infrastructure as a means to minimise the environmental impact of both the product and its packaging.

…and sorting infrastructure as a means to minimise the environmental impact of both the product and its packaging. Relevant measures include: - Developing packaging prevention plans at national level; - Devising tools and LCA studies on packaging design to incentivise waste prevention based on “packaging functionality”; - Undertaking information and communication activities to promote waste prevention at national and local level; - Gathering data on packaging quantities put on the market as well as on recycling and reuse. This information lays the foundation for developing eco-design tools that assess the environmental impact of packaging. One example of EXPRA activities is the “Packaging for Recycling” (P4R) tool.

…the environmental impact of packaging. One example of EXPRA activities is the “Packaging for Recycling” (P4R) tool. The project was developed by EXPRA’s Sustainability and Packaging Working Group and aims to raise awareness of recyclability, informing of innovative packaging trends and strengthening the link between packaging producers and recyclers. The tool allows users to self-assess the recyclability of packaging via a roadmap based on several critical points (design, labelling, collection and sorting). More information about the project can be found here: https://www.packaging4recycling.eu/ Further information on waste prevention activities carried out by EXPRA members can be found here. Assessing carefully the increase in packaging waste generation EXPRA has contributed largely to the study carried out by Eunomia to support the Commission in the revision of the PPWD2.

…has contributed largely to the study carried out by Eunomia to support the Commission in the revision of the PPWD2. The study points out to the increase in packaging waste generation despite the decline in weight of individual packaging units. The study identifies a number of factors responsible for such increase, which EXPRA believes are not supported by scientifically sound data. In particular, the study fails to take into account important factors, such as the functionality of packaging, changes in demographics to 1-person households and shifts in consumer behaviour towards on-the-go consumption, which are an explanatory condition for the fact that there may be more packaging per kg than before.

…consumption, which are an explanatory condition for the fact that there may be more packaging per kg than before. Therefore, we recommend the European Commission ensures that the identified trends in packaging waste generation are carefully assessed and its conclusions supported by scientifically sound data and analyses. Furthermore, they should not propose measures that are not beneficial for the environment when considering the packaging and the product together. LCA methodologies based on CEN standards are best suited for this purpose. 2 http://www.expra.eu/downloads/waste_prevention_expra_reaction.pdf; http://www.expra.eu/downloads/expra_reaction_eunomia_paper_15_octo.pdf 3 Regarding the Essential Requirements EPR organisations already play an important role in implementing the essential requirements to improve packaging design.

…organisations already play an important role in implementing the essential requirements to improve packaging design. In this regard, packaging optimisation efforts are a priority: these are directed to minimise the life-cycle environmental impact of packaging while guaranteeing its functionality vis-à-vis the product it is aims to protect. In addition, EPR organisations promote environmentally-friendly packaging design, recyclability and reusability. While welcoming the Commission’s work on the revision of the essential requirements, EXPRA believes that it is crucial to adopt a measurable, documented approach that follows a “plan, do, check, act” rationale and that addresses the following issues.

…documented approach that follows a “plan, do, check, act” rationale and that addresses the following issues. • Headline requirements EXPRA considers that the concept of “packaging functionality” should be at the core of the new approach, meaning that the overall environmental performance of packaging, including that of the product it contains, should be duly assessed. Failing this, the application of recyclability and reusability would have undesired effects: it would lead to market barriers for packaging that performs better from an overall environmental perspective, but which is less recyclable or reusable. This would also have an impact on the way EPR fees are modulated. In addition, while the existing essential requirements and their accompanying CEN standards may no longer be entirely fit for purpose, we do not believe that they should be removed.

…accompanying CEN standards may no longer be entirely fit for purpose, we do not believe that they should be removed. Instead, these should be revised in order to better reflect existing needs and realities, and subsequently better enforced. The structure of CEN standards (which should remain harmonised) should also enable producers and importers of packaged goods to set up an administrative system, making use of environmental tools such as LCAs to evaluate various effective and functional packaging alternatives and their environmental performance. • Definitions of recyclable and reusable First of all, EXPRA believes that it is important that any definition of recyclable or reusable distinguishes between what is considered cost-effective and lower cost.

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