European Garden Machinery industry Federation

…1 EGMF position paper on the proposal for a Regulation on “Packaging and packaging waste” 28 March 2023 EGMF – the European Garden Machinery industry Federation represents the major garden, landscaping, forestry and turf equipment manufacturers, and is a strong supporter of the European environmental policy for improving the impact of products in the society. Our industry produces equipment used either by consumers for ‘’Do It Yourself (DIY)’’ activities, or by professionals such as landscapers, greenkeepers and farmers maintaining green areas. The products and their packaging in our portfolio are already designed to reduce waste respecting the EU Members States’ labelling requirements. However, the non-harmonized requirements within the EU countries, as described in more detail in Annex I, create a lot of uncertainty and difficulties to our manufacturers.

…countries, as described in more detail in Annex I, create a lot of uncertainty and difficulties to our manufacturers. Consequentially, this leads to increased costs that bring no additional value to the Circular Economy, restricting the freedom of circulation of goods and going against the EU Single Market principle. In the new Packaging and Packaging Waste legislative proposal, we observe some positive aspects, like the change from a Directive to a Regulation. However, we have a number of concerns, which we believe will lead to additional burden on the manufacturers of goods (see the non-exhaustive list in Annex II).

…we believe will lead to additional burden on the manufacturers of goods (see the non-exhaustive list in Annex II). Therefore, we would request the EU legislators consider our proposals for their further evaluation: ➢ Harmonize requirements for all Member States, which means having the same labels for the disposal and alphanumeric code use (for example according to Decision 129/97/EC1) for which the industry has already invested a lot of financial resources. This also includes permitting each Member State to request additional national information only on a voluntary basis and not as a mandatory requirement. ➢ Permit the use of digital support, like a QR-code or other digital marking technology connected to the internet.

➢ Permit the use of digital support, like a QR-code or other digital marking technology connected to the internet. The use of digital support should be a voluntary option to provide information to the end user 2 as an alternative to the packaging label, simplifying the industrial process. ➢ Have clear and harmonised requirements when it is not possible to know in which EU Member State products will be placed. 1 Annexes Decision 129/97/EC (link). 2 Draft proposal 2022/0396 (COD); Art.3(18) “means any natural or legal person residing or established in the Union, to whom a product has been made available either as a consumer or as a professional end user in the course of its industrial or professional activities and who no longer makes this product further available on the market in the form supplied to it”. Ref.

…activities and who no longer makes this product further available on the market in the form supplied to it”. Ref. Ares(2023)2307138 - 30/03/2023 2 ➢ Permit companies to be registered to a collective EPR3 system only in one PRO4 (and not in each Member State where the packaging will be put on the market), for example, by registering only in the main country of reference or having an “European collective EPR system”. ➢ To achieve the proposed minimum recycled content in plastic packaging, we need higher production of secondary raw materials both in terms of quantity and purity. We also need standardisation activities to ensure the quality of the secondary plastic materials. ➢ Manufacturers of finished products cannot bear the full responsibility and burden of ensuring the traceability of the feedstock in these materials.

…cannot bear the full responsibility and burden of ensuring the traceability of the feedstock in these materials. EU suppliers of packaging materials should hold the responsibility for conformity for their products. ➢ To avoid double regulation, all packaging feedstock comprising recycled and virgin materials should only be required to be in conformity with the REACH Regulation and no other piece of legislation in order to generate a higher demand and supply of recycled plastics without legacy substances. EGMF strongly believes in the value of a Circular Economy including the engagement to reduce packaging waste and helping consumers or professionals to correctly sort the packaging. We also stress that the EU industry needs effective and pragmatic legislation to be competitive with other non-EU companies.

…stress that the EU industry needs effective and pragmatic legislation to be competitive with other non-EU companies. The European Garden Machinery Industry Federation – EGMF – has been the voice of the entire garden machinery industry in Europe since 1977. With 30 European corporate members and 7 National Associations representing manufacturers of garden, landscaping, forestry and turf maintenance equipment, we are the most powerful network in this sector in Europe. Our members are responsible for employing 120,000 people in the EU, and in 2021 sold over 23 million units on the European Market. For further information please visit www.egmf.org or contact us at [email protected]. 3 Extended Producer Responsibility (EPR).

…information please visit www.egmf.org or contact us at [email protected]. 3 Extended Producer Responsibility (EPR). 4 Producer Responsibility Organization (PRO): a collective entity set up to implement the EPR principle on behalf of all the adhering companies and to meet the recovery and recycling obligations of the individual producers. 3 Annex I Today’s requirements: each MS has its own “rules” The requirements on the environmental labelling of packaging, introduced in several Member States also in application to the Directive 2018/852/EU5, impose significant difficulties to the manufacturers of garden machinery. Following is a short overview of different requirements within EU Member States.

…the manufacturers of garden machinery. Following is a short overview of different requirements within EU Member States. Italian6 law requires the mandatory display of alphanumeric code according to Decision 129/97/EC1 (Figure 1) on the products’ packaging (or, in some cases, accessible by QR-code) to indicate the material of which it is made. It also aims to provide additional disposal information, depending on the destination of the good contained in the packaging, and whether it is a consumer or professional such. Figure 1. Some examples of alphanumeric code according to the Decision 129/97/EC1 French7 law requests the placement of a symbol, the “Triman Logo”8 (Figure 2), on household products’ packaging, which is accompanied by additional information labels on how to sort the waste. Moreover, there are materials requirements, e.g.

…accompanied by additional information labels on how to sort the waste. Moreover, there are materials requirements, e.g. the ban on the use of any mineral oils9 in the packaging. Figure 2. Triman logo with sorting instruction Spanish10 decree stipulates voluntary placement of an alphanumeric code (according to Decision 129/97/EC1), and a mandatory indication (i.e information) if the packaging is “reusable”. It also bans ecological labels that could mislead consumers and sets a maximum content of some substances like lead, cadmium, mercury and hexavalent chromium. Moreover, an accredited entity needs to certify the use of plastic in the packaging.

…mercury and hexavalent chromium. Moreover, an accredited entity needs to certify the use of plastic in the packaging. In Germany, a new amendment to the law “VerpackG”11, requests the company that first puts on the market packaging containing “goods” (like a foreign economic operator or a German importer), to be 5 Amending Directive 94/62/EC on packaging and packaging waste (link). 6 Decreto Legislativo n.116, 03/09/2020. 7 Décret 2020-1725, 29/12/2020. 8 Décret n°2021-835 du 29 juin 2021. 9 Arrêté du 13 avril 2022. 10 Real Decreto 1055/2022, de 27 de diciembre, de envases y residuos de envases (link). 11 Verpackungsgesetz – VerpackG, 05/07/2017 that replaces the regulation on the packaging (VerpackV) from January 2019 with a new amendment (03/07/2021).

…that replaces the regulation on the packaging (VerpackV) from January 2019 with a new amendment (03/07/2021). 4 responsible for its correct disposal and to subscribe to a contract with a packing recovery system (paying a fee), if these products are designated for final consumers. This poses additional difficulty to the manufacturers, since it is challenging to understand who is effectively responsible and whether the good could be considered for a final consumer or not. Furthermore, the respective database that is available is only in the German language12. For the other EU Member States13, it is necessary to evaluate case by case the various rules.

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