European Domestic Glass Association

…1 EU Domestic Glass Position on the proposal for a revision of the Packaging and Packaging Waste Directive The current exemption granted to lead crystal glass in the current Directive is removed. It seems that it is left to be potentially re-enacted via a delegated act. Lead crystal glass exemption in the Directive Lead content So far, Article 11.2 of the Directive on Packaging and Packaging Waste granted an exemption to lead crystal glass along Directive 69/493/EEC with regard to the lead concentration levels1. However, this exemption was removed in the proposal for a revision2. While this does not affect the Pb requirements for food contact packaging, based on release limit values3, it has a major impact on non food lead crystal packaging applications, namely perfumes bottles.

…release limit values3, it has a major impact on non food lead crystal packaging applications, namely perfumes bottles. However, we understand that the Commission may adopt delegated acts (...) to determine the types of packaging which shall be exempted from the requirements laid down in that paragraph4. Directive 69/493/EEC allows the placing on the market of articles made of lead crystal glass, so there is no new element which would prevent that an exemption would be re-enacted via a delegated act.  Could the Commission confirm this view ? Recycling requirement and lead crystal glass Article 6 of the proposal imposes that all packaging shall be recyclable as from 2030 along recycling criteria due to be determined via an upcoming implementing act. 1 2.

…shall be recyclable as from 2030 along recycling criteria due to be determined via an upcoming implementing act. 1 2. The concentration levels referred to in paragraph 1 shall not apply to packaging entirely made of lead crystal glass as defined in Directive 69/493/EEC 2 Annex III, Correlation table of the proposed revision 3 Proposal for a revision, Article 5.2 : Without prejudice to the restrictions on chemicals set out in Annex XVII of Regulation (EC) No 1907/2006 or, where applicable, to the restrictions and specific measures on food contact packaging in Regulation (EC) No 1935/2004, the sum of concentration levels of lead, cadmium, mercury and hexavalent chromium resulting from substances present in packaging or packaging components shall not exceed 100 mg/kg. 4 Proposal for a revision, Article 5.5(b) Ref.

…present in packaging or packaging components shall not exceed 100 mg/kg. 4 Proposal for a revision, Article 5.5(b) Ref. Ares(2023)2890852 - 24/04/2023 2 Article 5.45 seems to suggest that this would be applicable to lead crystal glass in spite of the Directive 69/493/EEC ascertaining its placing on the EU market. Bearing in mind the aim of the proposed revision in view of a Packaging Regulation This Regulation contributes to the efficient functioning of the internal market by harmonising national measures on packaging and packaging waste in order to avoid obstacles to trade, distortion and restriction of competition within the Union, while preventing or reducing the adverse impacts of packaging and packaging waste on the environment and human health, on the basis of a high level of environmental protection.

…and packaging waste on the environment and human health, on the basis of a high level of environmental protection. (Article 1.2) lead crystal glass ought to keep on having its exemption for both the lead content and glass recycling requirements, for the same reasons as it has an exemption under the RoHS Directive which presents, similarly to the Packaging Directive, an aim to “contributing to the protection of human health and the environment, including the environmentally sound recovery and disposal of waste EEE6”.

…of human health and the environment, including the environmentally sound recovery and disposal of waste EEE6”. The exemption to RoHS are justified as follows and the same reasoning would logically apply to the Packaging legislation : Since Council Directive 69/493/EEC of 15 December 1969 (...) prescribes the amount of lead to be present in crystal glass and the substitution of lead in crystal glass is therefore technically impracticable, the use of this hazardous substance in specific materials and components covered by that Directive is unavoidable.

…the use of this hazardous substance in specific materials and components covered by that Directive is unavoidable. Those materials and components should therefore exempted 7 Lead crystal glass presents “unique combinations of processing (cooling time, working range), optical (refractive index, dispersion) and decorative (Vicker’s hardness) properties allow the manufacture of EEE articles which could not be produced otherwise.”8  Could the Commission explain on which legal and technical grounds the exemption was removed and could the Commission insert in a recital the necessity to reintroduce it via an upcoming delegated act, as it did for Commission Decision 2011/171 ?

…a recital the necessity to reintroduce it via an upcoming delegated act, as it did for Commission Decision 2011/171 ?  Alternatively, bearing in mind the permanence of Directive 69/493/EEC which specifies the characteristics of lead crystal, could the Commission re-insert in the text of the proposal, the exemption to the materials characterised in the Directive 69/493/EEC ? 5 Recyclability requirements established in delegated acts adopted pursuant to Article 6(5) shall not restrict the presence of substances in packaging or packaging components for reasons relating primarily to chemical safety. They shall address, as appropriate, substances of concern that negatively affect the re-use and recycling of materials in the packaging in which they are present, and shall, as appropriate, identify the specific substances concerned and their associated criteria and limitations.

…and shall, as appropriate, identify the specific substances concerned and their associated criteria and limitations. 6 RoHS Directive, Article 1 7 Commission Decision 2006/690/EC of 12 October 2006, recital 2 8 Commission delegated directive EU 2019/174 of 16 November 2018 amending, for the purposes of adapting to scientific and technical progress, Annex III to Directive 2011/54/EU of the European parliament and of the Council as regards an exemption for lead bound in crystal glass as defined in Directive 69/493/EEC, Recital 5 3 Lead crystal glass to possibly be put on a negative list of packaging materials Further to the Impact Study, Article 6 of the proposal for the revision of the Packaging Directive states that a future implementing act will determine criteria for recycling design, together with a negative list of packaging materials (page 9 of explanatory memorandum).

…criteria for recycling design, together with a negative list of packaging materials (page 9 of explanatory memorandum). It is suggested that lead crystal glass would be put on that negative list of materials “to minimise the burden of developing criteria for these types which are widely accepted to be the worst performers9”. Packaging design features on the negative list would be ruled off the market with immediate effect, allowing for quick environmental gains without the need to wait for the implementing act and DfR criteria to be published10. The design of Lead crystal glass perfume bottles and wine & spirits bottles is representative of the brand and is protected by registered intellectual protection. Such articles are kept and reused.

…representative of the brand and is protected by registered intellectual protection. Such articles are kept and reused. EDG is surprised to see the COWI consultant state that “the key advantage of the negative list is therefore the ability to remove the “worst offenders” from the market 5 years earlier than will otherwise be the case, and the environmental benefits that result therefrom”11 Here again however, the legal grounds for having granted the lead crystal glass derogation to the RoHS Directive would also undoubtedly apply in this instance : Since Council Directive 69/493/EEC of 15 December 1969 (...) prescribes the amount of lead to be present in crystal glass and the substitution of lead in crystal glass is therefore technically impracticable, the use of this hazardous substance in specific materials and components covered by that Directive is unavoidable.

…the use of this hazardous substance in specific materials and components covered by that Directive is unavoidable. Those materials and components should therefore exempted 12 There is therefore no legal ground to put lead crystal glass on a negative list of packaging materials, and even the less, considering that lead crystal glass articles are luxury items which are not discarded but kept and reused. The reusability of lead crystal glass contributes to the reusability preferred over the recyclability objective.  Else, could the Commission confirm on what legal grounds the implications of the Directive 69/493/EEC would be dismissed ? 9 Assessment of options for reinforcing the packaging and packaging waste directive essential requirements and other measures to reduce the generation of packaging waste, p. 648 10 Assessment of options for reinforcing the packaging..., p.

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