European Dairy Association aisbl

…1 u n i t i n g d a i r y e x c e l l e n c e & a m b i t i o n EDA (European Dairy Association) +32 2 549 50 40 Av. d’Auderghem 22-28 www.euromilk.org/eda 1040 Brussels [email protected] Belgium @EDA_Dairy April 2023 Position paper on the EC proposal for a Regulation on packaging and packaging waste (PPWR) EDA welcomes the European Commission’s proposal for a regulation on packaging and packaging waste, amending Regulation (EU) 2019/1020 and Directive (EU) 2019/904 and repealing Directive 94/62/EC. We support the Commission’s ambition to further harmonize the EU internal market for packaging and packaging waste and continue the transition to a more circular economy for packaging. The future set-up of the regulatory environment for packaging and packaging waste is of crucial importance for the European dairy sector.

…of the regulatory environment for packaging and packaging waste is of crucial importance for the European dairy sector. To advance the transition, an appropriate and justified regulatory framework is needed, which is aligned with legislation on hygiene and food contact materials, green claims, and the framework for a sustainable food system. It is also important that the proposal takes into account all three pillars of sustainability, without compromising food safety and quality. Certain measures - such as those concerning the use of recycled materials, refill, deposit and return systems, packaging bans - could be more easily applied and transferred to packaging intended to contain products other than food. EDA also believes that any foods intended for special nutritional needs, like infant formula and foods for special medical purposes must be exempted from the proposal’s provisions.

…needs, like infant formula and foods for special medical purposes must be exempted from the proposal’s provisions. Such foods for ‘specialized nutrition’ are directed to vulnerable consumer groups and responding to their specific needs and health conditions. Below, we detail both the positive elements that we ask the European Parliament and Council of the EU to maintain throughout the legislative procedure, and the problematic aspects that we request to amend or delete. For example, the mandatory target for recycled plastic (article 7), the ban on certain single-use plastic packaging used in the HORECA sector (article 22, annex V), and the provisions on re-use (article 26). The problematic aspects do not sufficiently take into account the crucial role packaging plays for safety, quality and preventing food waste.

…not sufficiently take into account the crucial role packaging plays for safety, quality and preventing food waste. The role of food packaging The first point we would like to highlight is the crucial role of packaging for the safety and quality of foods. From the production to the transportation to the consumer’s home, packaging is important to protect dairy products from contamination and ensure transportation in all territories, handling and storage without any damage. This can only be achieved with adequate packaging that safeguards the products from external influences and remains as light and practicable as possible. The design of dairy packaging not only needs to ensure safety and quality as a non-negotiable baseline, but also plays an integral part in improving the shelf-life of the product, which contributes to reducing food waste.

…but also plays an integral part in improving the shelf-life of the product, which contributes to reducing food waste. The Regulation must consider the important role of packaging for safety and quality and in preventing food waste, which must be carefully assessed to avoid unintended consequences on consumer health and food safety (see EDA fact sheets on packaging: link1, link2). In addition, packaging conveys not only brand values but also information essential to the consumer including mandatory information such as nutritional information and safety information (durability, preservation, allergens and other warnings). Ref. Ares(2023)2842347 - 21/04/2023 2 u n i t i n g d a i r y e x c e l l e n c e & a m b i t i o n EDA (European Dairy Association) +32 2 549 50 40 Av.

…n i t i n g d a i r y e x c e l l e n c e & a m b i t i o n EDA (European Dairy Association) +32 2 549 50 40 Av. d’Auderghem 22-28 www.euromilk.org/eda 1040 Brussels [email protected] Belgium @EDA_Dairy Recyclable packaging (Article 6) The regulation requires that all packaging placed on the European market, both single-use and reusable, shall be recyclable by 2030. This means that all packaging placed on the Union market will have to be collected separately effectively and efficiently; they will have to be recycled into secondary raw materials of sufficient quality to replace primary sources of materials; they will have to be designed for recycling (DfR) from 1 January 2030 and will have to be recycled on a large scale from 1 January 2035. We support the harmonization towards DfR in 2030, including a harmonization of the DfR principles of modulated fees under EPR schemes.

…harmonization towards DfR in 2030, including a harmonization of the DfR principles of modulated fees under EPR schemes. However, the assessment of recyclability will be based on currently unknown design criteria for recycling (DfR) to be established in the coming years by the Commission through delegated acts for each category of packaging. We think that the delegated act is not a suitable instrument to guarantee sufficient flexibility to represent such a complex reality and the design criteria for recycling should rather be provided by competent technical bodies that with soft law tools (such as technical standards and sectoral guidelines) can better respond to market needs. In any case, the functionality of packaging must remain the key aspect for packaging design.

…respond to market needs. In any case, the functionality of packaging must remain the key aspect for packaging design. We ask for a fixed date for the adoption of secondary legislation to create legal certainty for manufactures, and for the involvement of industry experts from the packaging value chain in the drafting of all the secondary legislation on DfR. We also call for operators to be granted a transitional period of five years to achieve the targets, starting from the adoption of delegated acts, before the entry into force of the measures. We ask for EU rules supporting Member States and industry in creating adequate collection and recycling infrastructure across Europe to enable the recyclability of packaging already designed for recycling.

…and recycling infrastructure across Europe to enable the recyclability of packaging already designed for recycling. In this regard, it is emphasized that the proposed Regulation does not introduce measures to support the construction of such infrastructures, and that the latter will not even be the subject of the revision of Directive 2008/98/EC on waste. The rules in Art. 6 are very complex. A differentiation between 30 packaging materials or categories is envisaged (Annex II, table 1). Within the categories, the requirements are in turn graded according to five performance classes (A-E Annex II, Table 2). The necessity of such a detailed subdivision must be critically reviewed in order to prevent a disproportionate impact on the packaging value chain in the preparation of the required declaration of conformity (Art. 6, No. 8 with Annex VII).

…the packaging value chain in the preparation of the required declaration of conformity (Art. 6, No. 8 with Annex VII). Furthermore, the saving of the declarations of conformity should also be allowed to take place digitally. We also note that opaque white PET is not included in Table 1 - Annex II (Cat. 11 Plastic/PET rigid/ bottles and flakes). It is therefore imperative that opaque white PET bottles are included in that table. Opaque white PET bottles are in fact widely used by several companies in Europe for the packaging of milk, and recycling on a large scale of those bottles already appears to be underway. Although it is foreseen that the Commission may amend the Table at a later date (para. 6.4), it is appropriate that opaque white PET bottles are included in Table 1 - Annex II of the Regulation as of now for the reasons stated above.

…opaque white PET bottles are included in Table 1 - Annex II of the Regulation as of now for the reasons stated above. Minimum recycled content (Article 7) Article 7 requires that plastic packaging contains a minimum amount of recycled content recovered from post- consumer plastic waste by 2030 and 2040. The requirement applies “per unit” of plastic packaging. We support the Commission’s overall ambition to further drive the establishment of a market for recycled plastic packaging in general and for food. However, we are highly concerned about the proposal’s mandatory targets for recycled plastic in packaging, including contact-sensitive material. The target for contact sensitive packaging is unrealistic and does not recognize the difficulties of ensuring sufficient recycled plastic of the right quality to be put into contact with food.

…the difficulties of ensuring sufficient recycled plastic of the right quality to be put into contact with food. Such products must comply with strict health and safety regulatory requirements – 3 u n i t i n g d a i r y e x c e l l e n c e & a m b i t i o n EDA (European Dairy Association) +32 2 549 50 40 Av. d’Auderghem 22-28 www.euromilk.org/eda 1040 Brussels [email protected] Belgium @EDA_Dairy which are fully justified. In addition, lengthy authorization procedures for new technologies and packaging materials by EFSA, the Commission and Member States (which can take several years) further limit the increased uptake of recycled materials in contact-sensitive plastic packaging.

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…1 2020 28 July c o n n e c t t o t h e w o r l d o f d a i r y EDA input Packaging and Packaging Waste Directive Inception Impact Assessment General remarks • EDA welcomes the Commissions effort to review the Packaging and Packaging Waste Directive, including the Essential Requirements, with a focus on ensuring a European framework for investments in new and cutting- edge packaging solutions, supporting the reduction of packaging waste and enhancing the sustainability of packaging in an economically viable manner. • The dairy industry is involved in many initiatives to further streamline the environmental impact of its packaging and strives to also find improved solutions for collection and recycling. Most dairy companies have targets on reusability, recyclability, composability, as well as recycled content, sorting and collection, design, and carbon footprint of packaging.

…composability, as well as recycled content, sorting and collection, design, and carbon footprint of packaging. • In view of the need to achieve an overall minimization of the environmental footprint, we support an integrated approach aimed at designing the most suitable group of measures, including amongst others design for sorting/recyclability, both quantitative and qualitative recycling targets in all Member States, and reduction of packaging waste for disposal. The latter should not be confused with packaging reduction. • We would like to help reflecting on a different angle of approach to the question of packaging. It may be more suitable, having in mind environmental impact and societal costs, to see for the best way to improve them on the longer term by defining an end-point (and suitable intermediate goals) for the whole economic chains to work towards.

…longer term by defining an end-point (and suitable intermediate goals) for the whole economic chains to work towards. That would ensure the predictability and an economically viable industry-lead strive to a solution, assure addressing consequences and drivers of the current unsatisfactory situation and avoid undesired trade- offs. Food safety and quality • The design of dairy packaging must assure safety and quality as a non-negotiable baseline, before addressing logistics, recyclability, and other criteria. Many dairy products require specific handling at production, in transportation and in the consumer’s home. This can only be achieved with the adequate packaging that safeguards the products from external influences and remains as light and practicable as possible.

…packaging that safeguards the products from external influences and remains as light and practicable as possible. • The dairy sector is fully engaged for the sustainability of dairy products and their packaging as long as it is abiding by all the safety requirements under EU legislation. Dairy producers have an extensive set of rules to comply with, namely the Hygiene Regulation (EC) No. 852/2004, the Food Contact Material Regulation 1935/2004 and the General Food Law Regulation (EC) No. 178/2002. Many packaging materials do not meet the necessary quality and food safety requirements for food and drink applications. • From the perspective of dairy and other fresh produce, reusable or refilling of packaging will have concerns of hygiene and shelf life and therewith increase food safety and food waste risks. Ref.

…of packaging will have concerns of hygiene and shelf life and therewith increase food safety and food waste risks. Ref. Ares(2020)4122623 - 05/08/2020 c o n n e c t t o t h e w o r l d o f d a i r y Life cycle approach • When choosing the appropriate packaging for a product, companies consider the full life cycle of a product, encompassing the environmental pressures and benefits, the trade-offs, and areas for achieving improvements. In this framework, the choice to substitute packaging materials must be done carefully by taking a life cycle approach (see also our Dairy pilot on Product Environmental Footprint) to assess on a case-by-case basis whether substituting totally or partly some packaging materials would result in in an overall better environmental performance through the full life-cycle of the product.

…materials would result in in an overall better environmental performance through the full life-cycle of the product. For example, according to a recent European study1, if plastic were to be replaced by other materials, in its principal applications, the weight of packaging would increase almost fourfold; there would be a 60% increase in the volume of waste produced and a 57 % increase in lifecycle energy consumption. • We support – as also stated in the Inception Impact Assessment – that the environmental impacts to be assessed must include several indicators like reduced greenhouse gas emissions, increased resource efficiency, reduced pollution to water (including marine litter), soil and air from landfilling and incineration and related ecosystem degradation and health risks. Such environmental impacts should refer not only to the packaging but the whole product including packaging.

…risks. Such environmental impacts should refer not only to the packaging but the whole product including packaging. Food waste • We use packaging to protect our food through the entire chain and shelf life. The environmental impact of the food inside the packaging exceeds that of the packaging by far. Food waste already is one of the main concerns regarding global GHG impact, and the Commission has the ambition to halve the per capita food waste by 2030. We urge the Commission to take no measures that could increase food waste (even slightly). • Indeed, the design of dairy packaging plays an integral part in reducing food waste by keeping dairy products fresh and safe for longer. In some cases, packaging reduction cannot coexist with food waste reduction, e.g.

…products fresh and safe for longer. In some cases, packaging reduction cannot coexist with food waste reduction, e.g. by providing individually portioned packs that are important to help consumers having a healthy and balanced diet as well as cut down food waste in households. There has been an increase in 1- and 2-person households over the past years. Driving them into larger, family size packaging will increase the risk of food waste. In order to address food waste there is a conscious effort to do the exact opposite, increasing the number of smaller packs’ sizes and making these more cost effective. From a life cycle perspective this is far better for the environment.

…and making these more cost effective. From a life cycle perspective this is far better for the environment. Packaging minimisation • The Inception Impact Assessment points out that the essential requirements – by leaving too much room to interpretation – spurred a trend towards light-weighting of packaging, sometimes at the expense of recyclability. As this was encouraged by the legislative framework in place, we would like to remind how relevant is for the industry to have long-term planning certainty for packaging related investments. • Whereas other types of products – especially non-food products – may have bigger packaging in relation to the size/volume of the item sold, dairy products do not have so much margin for reduction, as any further reductions or light weighting in packaging would compromise food safety and increase food waste.

…as any further reductions or light weighting in packaging would compromise food safety and increase food waste. • Regarding “over-packaging”, an objective and fact-based definition is needed to determine where over- packaging occurs. A forced reduction in packaging material can lead to more food waste. 1 European Commission, press release, 16 January 2018, in EESC opinion on the Plastic Strategy (NAT/721) c o n n e c t t o t h e w o r l d o f d a i r y EDA (European Dairy Association) +32 2 549 50 40 Avenue d’Auderghem 22-28 www.euromilk.org/eda 1040 Brussels [email protected] Belgium @EDA_Dairy Collection, sorting and recycling • Packaging design must consider the difficulties and costs of treatment of packaging waste (including collection and sorting) without overlooking food safety, food waste prevention, and consumer acceptance.

(including collection and sorting) without overlooking food safety, food waste prevention, and consumer acceptance. This is a shared responsibility of all actors including municipalities for efficient infrastructures. • All Member States should have an efficient infrastructure for collection, sorting and recycling packaging material. • In addition to the initial investments required to establish reuse systems and shift towards certain reusable packaging types – as recognised in the Inception Impact Assessment – it is key to also underline that for dairy this would be delicate from an hygienic perspective, as milk products are microbiologically sensitive and organic residues like fat and proteins may be difficult to remove.

…as milk products are microbiologically sensitive and organic residues like fat and proteins may be difficult to remove. Disinfection can be realised by a broad range of substances with different properties regarding killing effectiveness, stability in aqueous solutions, biodegradability and material corrosivity. Cleaning of fat and proteins’ residues require aqueous solutions assembled case-by-case. Moreover, their solubility can be influenced by pH, temperature, dissolved salts (water hardness) and added compounds, detergents and sanitisers.2 Internal market • We support the Inception Impact Assessment in advocating for the harmonisation of rules on packaging across the internal market to preserve its integrity and allow for a smooth free movement of packaging and packaged goods.

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