VÖA · Trade and business associations · AT
Transparency Register: 655816944322-97 22.02.2023 Position paper on the proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on packaging and packaging waste, amending Regulation (EU) 2019/1020 and Directive (EU) 2019/904, and repealing Directive 94/62/EC The European Commission's goal of reducing packaging and packaging waste is welcomed by the VOA - Association of Public Waste Management Companies. It is questionable whether a regulation is an appropriate instrument to achieve the desired goals. From the waste management sector's point of view, many points of regulation could be implemented in already existing legal frameworks. If a regulation is adopted, the legal basis of Article 192 TFEU (environmental protection) should apply in addition to the legal basis of Article 114 TFEU (internal market).
…192 TFEU (environmental protection) should apply in addition to the legal basis of Article 114 TFEU (internal market). This allows Member States to adopt or maintain stricter regulations beyond the regulation. The fact that numerous relevant details are to be regulated via delegated acts is also viewed critically. In this context, it is unclear whether the principle of materiality can be complied with. It is essential that municipal waste management, which is fulfilling its regional responsibility, continues to be rooted in extended producer responsibility. The draft does not refer to public or municipal waste management, but only this public service can guarantee sustainable and resilient waste management. This should not be endangered by the European Commission's efforts to assign all responsibility to producers.
This should not be endangered by the European Commission's efforts to assign all responsibility to producers. The involvement of municipal waste management in the implementation of producer responsibility seems to be lacking or not clearly enough defined. Already existing, functioning systems must not be thwarted by new regulations. The use of biodegradable or compostable plastics creates a new waste stream in the long term, which must not be routed via the biowaste collection under any circumstances. The danger of collecting other plastics is much too high. In addition, biodegradable plastics do not improve the quality of composts from organic waste and if they are not completely degraded, they remain in the product as additional impurities or microplastics.
…waste and if they are not completely degraded, they remain in the product as additional impurities or microplastics. Therefore, biodegradable plastics create a new material stream for which the waste management structure still needs to be clarified. In order to be able to achieve the targets set by the European Commission in a sustainable manner, the recycling of (packaging) materials sorted before or after the incineration process must be eligible for the recycling targets. Furthermore, in the sense of the European Green Deal, ecological goals must be given priority over economic goals. We ask that our argumentation with regard to a sustainable circular economy be taken into account and are available at any time for further questions.
…regard to a sustainable circular economy be taken into account and are available at any time for further questions. Further inquiry: [email protected] or [email protected] About the VOA: The VOA - Association of Public Waste Management Companies is the lobby group for municipal waste management companies in Austria and has currently 32 members. The association represents municipal enterprises, which secure approximately 5,500 jobs and supply more than six million Austrians with their different services. Implementing circular economy and climate protection together as well as securing an affordable, successful, and modern public service in the long term are the essential goals of the association. Further information at www.voea.org or www.vöa.at . Ref. Ares(2023)2892497 - 24/04/2023 Transparency Register: 655816944322-97 22.02.2023 The provisions in detail: Art.
. Ref. Ares(2023)2892497 - 24/04/2023 Transparency Register: 655816944322-97 22.02.2023 The provisions in detail: Art. 6: Recyclable packaging The VOA welcomes the fact that only recyclable packaging will be allowed. The differentiated definition of “recyclable” should be questioned. While from 2030 a “recyclable design” is sufficient for the recyclability of packaging, from 2035 recyclability “on a large scale” is required. This means that 75% of the population must be connected to a corresponding infrastructure. This limits ambitious projects of some member states and comes too late, respectively also contradicts the ambitious recycling targets of plastic packaging (55% by 2030). Accordingly, a definition that differentiates over time does not seem justified. Art. 7: Minimum recycled content in plastic packaging In general, the approach is welcomed.
…does not seem justified. Art. 7: Minimum recycled content in plastic packaging In general, the approach is welcomed. However, the staggered targets (2030/40) seem too ambitious for some types of packaging. While the (mechanical) recycling of food grade PET is already established and regulated under the EU Regulation on recycled plastics for food (EU 2022/1616), there are currently no recycling processes available for returning polyolefins (PP, PE, PS) to packaging in contact with food. It, therefore, does not seem appropriate to set such ambitious recycling targets (50% by 2040) when no recycling processes for polyolefins in the food sector have been approved by the European Food Safety Authority (EFSA) so far. Further technical developments are needed here. In addition, market availability plays an important role - and this is not the case here.
…developments are needed here. In addition, market availability plays an important role - and this is not the case here. It would be more appropriate to set targets for established types of plastic (PET) to gather experience and to evaluate and set possible further targets at a later point. Art. 8: Compostable packaging The inclusion of biodegradable and compostable plastics in the biowaste collection is to be avoided and is clearly rejected by VOA. The joint collection with biowaste leads to confusion among consumers and to a higher rate of misdirected waste. Moreover, biodegradable plastic packaging does not contribute to better compost quality and thus not to soil improvement. Especially against the background of the now mandatory separate collection of organic waste in the EU, high standards should apply to the quality of this waste stream.
…collection of organic waste in the EU, high standards should apply to the quality of this waste stream. Biodegradable plastics create a new material stream for which the waste management structure still needs to be clarified. However, it makes sense to use biodegradable plastics for adhesive labels for openly offered vegetables and fruit as well as for tea bags or coffee capsules or pads. From our point of view, it is not clear to what extent compostable plastics available on the market (according to EN 13432), such as plastic capsules according to Art 3 para. 1 g, are actually fully composted. Laboratory tests by the University of Natural Resources and Applied Life Sciences, Vienna1, show that only "limited material dissolution (disintegration) and decomposition was observed". The requirement of the draft under Art. 8 in conjunction with Art.
(disintegration) and decomposition was observed". The requirement of the draft under Art. 8 in conjunction with Art. 3 (41) that biodegradable plastics may only be collected with the biogenic waste if they do not negatively influence the composting process and would therefore not be fulfilled according to current technical specifications or standards. The risk of microplastic formation through plastics that are not fully biodegradable or through the undesirable co-collection of plastic packaging in the bio-waste collection is completely disregarded in the draft. This issue should be included in Annex III. Compostable packaging (Conditions to be considered when mandating the use of compostable packaging format) with the wording proposal " ... its use does not lead to any kind of microplastic pollution".
…packaging format) with the wording proposal " ... its use does not lead to any kind of microplastic pollution". 1 Anton Rameder (2018): Untersuchung der Kompostierbarkeit von Kaffeekapseln aus biologisch abbaubaren Werkstoffen mittels FTIR- Spektroskopie Transparency Register: 655816944322-97 22.02.2023 In addition, there is still a lack of an EU-wide standardized certification system for determining the degradability and labeling of biodegradable or compostable plastic packaging. As an example, reference is made to the certification system of TÜV Austria, which is currently predominantly used in Austria. The Commission's plan to use delegated acts to bring further packaging plastics into the biowaste collection if they meet the criteria of biodegradable plastics must also be critically questioned. In any case, this is clearly rejected. Art.
…the criteria of biodegradable plastics must also be critically questioned. In any case, this is clearly rejected. Art. 9: Packaging minimisation The intention to minimise oversized packaging is welcomed. It is proposed to develop similar requirements for product packaging as for distribution packaging according to Art. 21 "Obligation related to excessive packaging". This would lead to a further reduction of packaging and packaging waste. Art. 11 & 12: Labelling of packaging & Labelling of waste receptacles for the collection of packaging waste The labelling of packaging and the related disposal options is welcomed, as this should simplify correct disposal. Further elaboration is lacking here, reference is made to implementing provisions. It is important here to demand that - as already informally discussed - pictograms according to e.g.
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