Municipal Waste Europe

…0 Rue d’Arlon 63, B-1040, Brussels - Tel: +32 2 400 10 94 Web: www.municipalwasteeurope.eu 28 March 2023 DRAFT AMENDMENTS COMMISSION PROPOSAL PACKAGING AND PACKAGING WASTE REGULATION European municipalities representing public responsibility for waste management welcome the Commission’s proposal to revise the Packaging and Packaging Waste Directive and are pleased to share our input below. Municipal Waste Europe fully supports the implementation of the waste hierarchy as described in the Waste Framework Directive 2018/851/EC as well as the mandated separate collection of the given waste streams which include packaging and the related reuse and recycling targets. We recognise and acknowledge the direct relevance of the implementation of the above to the ability of the European Union to successfully create a circular economy and achieve the climate targets it has set itself.

…of the European Union to successfully create a circular economy and achieve the climate targets it has set itself. Providing a Service of General Interest in the collection and treatment of waste, municipalities are pivotal to the recovery of materials and energy from the waste stream and thereby the achievement of these goals. Legal Basis combined with Change of Legal Instrument It is clear that all of the municipalities and their public waste management companies agree that more harmonised implementation of rules on the design and waste management of packaging in Europe is needed and that it would improve both the functioning of the internal market and ecodesign, reuse and recycling rates. Having said this, the majority of our members are not convinced that the provisions of the proposed Regulation are designed in such a way as to achieve such harmonisation.

…convinced that the provisions of the proposed Regulation are designed in such a way as to achieve such harmonisation. Although a Regulation is to be transposed into national legislation without modification or adaptation, this proposal still allows for adaptation in some Articles but it is not clear on how Member States should or can proceed with Extended Producer Responsibility systems that function well and deliver in terms of reuse and recycling targets. Would the changed legal basis put in question all existing agreements and contracts between producers and municipalities? If so, this would negatively impact the entire value chains and the achievement of the increasingly ambitious, legally binding targets. Ref.

…impact the entire value chains and the achievement of the increasingly ambitious, legally binding targets. Ref. Ares(2023)2336970 - 31/03/2023 1 Rue d’Arlon 63, B-1040, Brussels - Tel: +32 2 400 10 94 Web: www.municipalwasteeurope.eu Currently, there are huge differences in the achievement of separate collection in terms of implementation and recycling targets in the EU27 which means that their starting point is different, making harmonisation of implementation significantly more challenging. With regard to Article 114 of the European Treaty, on internal market, which is the reference for this legal act, we find that environmental considerations are weakened in this proposal as compared to previous revisions of the Directive.

…that environmental considerations are weakened in this proposal as compared to previous revisions of the Directive. In line with the precedent set by the Batteries Regulation, the legal basis for those Articles needing flexibility to account for existing, well-functioning implementation of the PPWD should be changed to Article 192(1) of the Treaty on the European Union to be consistent with the Waste Framework Directive and the Batteries Regulation. Delegated acts The proposal for a Regulation makes extensive use of delegated acts. This instrument gives control of the outcome to the Commission, reduces transparency and eliminates co-decision with the elected body, Parliament, and Council as well as the possibility of stakeholders to participate in the decision-making process.

…body, Parliament, and Council as well as the possibility of stakeholders to participate in the decision-making process. Delegated acts are intended only to elaborate methodologies and not take decisions which will impact the market, coordination between producers and waste managers, or any other aspect of legislation which requires opinions and decisions. The very specific issues addressed by these delegated acts in the PPWR are not simply methodologies but important issues that directly affect recyclability and waste management.

…in the PPWR are not simply methodologies but important issues that directly affect recyclability and waste management. If the legislator opts to maintain the format of delegated acts, we suggest that a Packaging Forum that includes all relevant stakeholders in the packaging value chain (including waste management operators) is established, similar to the “Ecodesign forum” established in the Ecodesign for Sustainable Products Regulation proposal (2022/0095 COD), which enables stakeholders to contribute to any further legislative acts with their expertise.

(2022/0095 COD), which enables stakeholders to contribute to any further legislative acts with their expertise. 2 Rue d’Arlon 63, B-1040, Brussels - Tel: +32 2 400 10 94 Web: www.municipalwasteeurope.eu Articles Article 3.41 Commission Proposal Article 3.41 MWE Amendment Article 3.41 ‘compostable packaging’ means packaging capable of undergoing physical, chemical, thermal or biological decomposition such that most of the finished compost ultimately decomposes into mineral salts, biomass and carbon dioxide, water, according to Article 47(4), and does not hinder the separate collection and the composting process or activity into which it is introduced in industrially controlled conditions; ‘compostable packaging’ means packaging capable of undergoing physical, chemical, thermal or biological decomposition such that most of it ultimately decomposes into carbon dioxide, mineral salts,…

…separately collected biowaste to be fully decomposed in either aerobic composting or anaerobic digestion facilities. Much of the ‘compostable’ packaging on the market today causes technical problems in anaerobic digestion plants. Our suggestion is that any such packaging should be certified compostable with a relevant revision of the EN 13432 standard and that there is no obligation from the EU Regulation on member states to collect such packaging with biowaste. This must be a choice made by the member state. Anaerobic Digestion (AD) is not mentioned in addition to composting. However, biodegradable packaging is not degraded in anaerobic digestion processes. In some member states anaerobic digestion is the main treatment method for biowaste - and not composting.

…processes. In some member states anaerobic digestion is the main treatment method for biowaste - and not composting. Paper based tea bags and coffee filters may be treated through anaerobic digestion and do not cause any problems in the digestion plants, but plastic based packaging causes problems both as contaminator in the biofertilizer/digestate used in agriculture and causes harm in the treatment facilities. 1. We propose deletion of: ‘most of the finished compost’ as it is not clear that no microplastic particles or other non-biological residues must result from decomposition of compostable packaging; 3 Rue d’Arlon 63, B-1040, Brussels - Tel: +32 2 400 10 94 Web: www.municipalwasteeurope.eu

…of compostable packaging; 3 Rue d’Arlon 63, B-1040, Brussels - Tel: +32 2 400 10 94 Web: www.municipalwasteeurope.eu 2. We propose the deletion of ‘mineral salts’ as it is unclear what is meant by mineral salts. It must be made abundantly clear that no polymer, plastic, plastifier or other chemical residues can be acceptable as part of a compostable packaging material or in the final compost or digestate; Article 6 (Recyclable packaging) There are several reasons for which municipalities welcome this article, however some issues should be considered in more detail:

…several reasons for which municipalities welcome this article, however some issues should be considered in more detail: 1. Design for recycling, when integrated into a system of life-cycle-wide ecodesign measures, will reduce the share of packaging waste for which recycling is not technically possible or economically sustainable. However, the technical, economic and environmental feasibility and efficiency must be carefully evaluated, as: a. The non-recyclability of packaging often derives from the need to guarantee high levels of protection and preservation, as in the case of food and medicines (Food contact packaging for which measures are now delayed); b. Plastic, paper and wood packaging, recycling cannot take place endlessly; c. It should be examined if the article targets all the relevant actors - especially the packaging manufacturers. If the article only targets packers and…

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