VMV · Trade and business associations · DE
Düsseldorf, April 2023 Verband Metallverpackungen e.V. (VMV) is the German Metal Packaging Association representing the manufacturers of rigid metal packaging. The product range represented includes, for example, food cans and closures, promotional packaging, aerosol cans, tinplate packaging for paints and coatings and other chemical goods, steel drums, but also intermediate bulk containers made of stainless steel. We support the proposal for a European Packaging Regulation and consider it fundamentally suitable to drive the circular economy forward in Europe. However, we believe that more needs to be done to promote the sustainable transformation of the packaging sector. Therefore, we have prepared a set of recommendations and amendments to improve the proposal for a Packaging and Packaging Waste Regulation.
…a set of recommendations and amendments to improve the proposal for a Packaging and Packaging Waste Regulation. Executive Summary Legal instrument and legal base VMV supports the choice for a Regulation and a full ‘internal market legal base’ for the Packaging and Packaging Waste Regulation (article 114 TFEU). Criteria for recyclable packaging We recommend stricter qualitative criteria to label packaging as “recyclable”. The qualitative difference in the recyclability of packaging should be addressed by defining high quality recycling and incentivising the use of highly recyclable packaging. Packaging should be ‘recycled at scale’ by 2030 covering at least 90% of the Union’s population and applied in 2/3rd of the Member States. Recycled content Recycled content targets should only apply to materials with a low demand and uptake of recyclates.
Recycled content Recycled content targets should only apply to materials with a low demand and uptake of recyclates. Re-use targets for transport packaging Pails, drums, canisters and intermediate bulk containers are sales packaging and not transport packaging. Consequently, they should not be subject to the re-use targets set for transport packaging. Prevention of packaging waste Waste reduction targets should be set for each of the specific materials contained in packaging waste: plastic, wood, ferrous metals, aluminium and paper/cardboard. Ref. Ares(2023)2842875 - 21/04/2023 Legal instrument and legal base We support the Commission's approach of choosing a Regulation as the legal instrument and justifying this with the legal basis of Article 114 TFEU ("legal basis for the internal market").
…legal instrument and justifying this with the legal basis of Article 114 TFEU ("legal basis for the internal market"). It thus follows the approach for the legal basis of the previous "Packaging and Packaging Waste Directive" 94/62/EC. The adoption of a Regulation, as the legal instrument, in the context of article 114 TFEU, is supported by abundant EU case law and it is appropriate for attaining the objectives pursued thereby. Safeguarding the PPWR’s Internal Market legal base (Art.114 TFEU) and its dual objectives, i.e., an internal market for packaging & packaged goods, as well as environmental protection is key to achieving the goals of the Circular Economy Action Plan.
…packaged goods, as well as environmental protection is key to achieving the goals of the Circular Economy Action Plan. This internal market legal base is a safeguard against protectionist measures, market distortions and fragmentation that have a direct effect on the functioning of the internal market and thus increases the potential for harmonisation across Member States. Criteria for recyclable packaging Packaging put on the market should be designed for recycling. Packaging plays an essential role in protecting and preserving resources such as food and reducing waste. But the value of this role can be obscured by the impact of poor recyclability and ineffective recycling.
…waste. But the value of this role can be obscured by the impact of poor recyclability and ineffective recycling. We therefore propose stricter qualitative criteria to label packaging as “recyclable”: a) Recognition of highly recyclable packaging The European Parliament resolution of 10 February 2021 on the New Circular Economy Action Plan (2020/2077(INI)), paragraph 39: “…stresses the need to increase the availability and quality of recyclates, focusing on the ability of a material to retain its inherent properties after recycling, and its ability to replace primary raw materials in future applications …”. However, packaging fulfils this very differently. These differences should therefore be addressed in the Regulation. And the Regulation should set incentives to minimise quality gaps in packaging recycling.
…in the Regulation. And the Regulation should set incentives to minimise quality gaps in packaging recycling. This should be done by: - Introducing a definition of "high quality recycling" in Article 3 which covers any processes by which materials are sufficiently and effectively collected, sorted and recycled, and are able to withstand several recycling loops without any change to their main material properties. The generated secondary raw materials are of sufficient quality to substitute the primary raw materials for packaging applications or for applications of similar quality; - a reference to this definition by including highly recyclable packaging in Article 6, paragraph 2; - and consequently, the incentivizing the use of highly recyclable packaging via the recyclability performance grades in Annex II, Table 2.
…the incentivizing the use of highly recyclable packaging via the recyclability performance grades in Annex II, Table 2. b) Recyled at scale We expressly welcome the fact that the proposal introduces the criterion to be "recycled at scale". This is crucial to ensure that packaging is not only technically recyclable but is actually recycled effectively at EU-level. However, the 75% threshold (Article 3, paragraph 32) is met if just the 8 largest Member States, in terms of population, ‘recycle at scale’. - So, to ensure that the legislation is implemented at Eu-level, the threshold should be increased to 90% of the EU population and at least 2/3 of Member States. - Moreover, our sector believes that all criteria listed in Article 6, paragraph 2 subparagraph 1 i.e. (a), (b), (c), (d) and (e) determining what is ‘recyclable packaging’ are to be met by 01.01.2030.
…1 i.e. (a), (b), (c), (d) and (e) determining what is ‘recyclable packaging’ are to be met by 01.01.2030. This is in line with the European Commission’s self-proclaimed ambition to ensure that all packaging placed on the EU market shall be reusable or recyclable in an economically viable way by 2030. If a packaging is not ‘recycled at scale’ by 2030 it should not be considered as ‘recyclable’. c) Recyclability performance grades VMV welcomes the introduction of a set of so-called ‘packaging recyclability performance grades’. And we furthermore support the Commission’s proposal that the so-called Extended Producer (EPR) fees, being the financial contributions to be paid by producers to comply with their extended producer responsibility obligations, should be modulated on the basis of the recyclability performance grade.
…extended producer responsibility obligations, should be modulated on the basis of the recyclability performance grade. - To ensure a level-playing field, the assessment into performance grades and the resulting eco-modulation of fees should be calculated on the same recyclability assessment criteria for all packaging categories and materials. d) EPR fees based on recycled content Article 6, paragraph 4 and 11 as well as Article 7, paragraph 6: The proposal to also base EPR-fees on recycled content is not appropriate. The objective of counteracting the lack of market demand for plastic recyclates is already taken into account by Article 7 "Minimum recyclate content in plastic packaging". Moreover, the Commission's impact assessment explicitly recommends to base EPR-fees on the recyclability of packaging and to discard the modulation based on recycled content.
…recommends to base EPR-fees on the recyclability of packaging and to discard the modulation based on recycled content. - This criterion should not be included in the modulation of EPR fees. The relevant passages should therefore be deleted from the text of the proposal. e) Innovative Packaging The proposal provides that innovative packaging does not have to comply with the requirements of Article 6, paragraphs 2 and 3, for a period of five years after it was placed on the market. This period is excessively long and bears the risk that these requirements will be abusively circumvented, and the objectives of the regulation will be counteracted. - The period during which innovative packaging does not (yet) have to comply with the requirements for recyclable packaging in Article 6, paragraph 9, and in recital 23 should be shortened to two years from the date of placing on the market.
…in Article 6, paragraph 9, and in recital 23 should be shortened to two years from the date of placing on the market. Recycled Content Article 7 sets requirements for recycled content in plastic packaging. The aim is to open up a market for plastic recyclates that have not been in sufficient demand to date and to enable them to enter a circular economy. Accordingly, Recital 26 states “… it is necessary to increase the uptake of recycled plastics, by establishing mandatory targets for recycled content in plastic packaging …”.
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