Cosmetics Europe

April 2023 Cosmetics Europe Position Paper on the Packaging and Packaging Waste Regulation (PPWR) Proposal Cosmetics Europe1, the European trade association for the cosmetics and personal care industry, welcomes the European Commission’s proposal for a Packaging and Packaging Waste Regulation (PPWR) and supports its overarching goals. The cosmetics and personal care industry in Europe is committed to improving the sustainability and circularity of our products’ packaging, as illustrated by the Commit for Our Planet initiative2. Launched in December 2022, the initiative encourages all cosmetics and personal care companies to take part in a joint industry effort to reduce greenhouse gas emissions, improve packaging solutions and act to preserve nature.

…in a joint industry effort to reduce greenhouse gas emissions, improve packaging solutions and act to preserve nature. As we innovate to reduce our environmental impact associated with packaging, we also have an opportunity to define what sustainable packaging looks like for the cosmetics industry, taking fully into account the primary responsibility of ensuring that consumer safety remains at the core of any policy initiative. KEY MESSAGES ➢ We welcome the proposal for a Regulation with a full internal market legal basis as a way to increase the harmonisation across Member States. However, we remain concerned that many provisions in the text would allow Member States to introduce specific and divergent national requirements that would not guarantee the good functioning of the EU Single Market.

…specific and divergent national requirements that would not guarantee the good functioning of the EU Single Market. ➢ The packaging of cosmetic products requires high quality secondary materials to ensure the highest standards of consumer safety, required by the EU Cosmetic Products Regulation. As such, it is imperative that the proposed definition of ‘contact sensitive packaging’, which includes in its scope cosmetic products, remains unchanged. ➢ Considering the scarce availability of high quality secondary raw materials required for contact sensitive packaging, the recycled content targets cannot be reached solely via mechanical recycling. Hence, advanced/chemical recycling should be clearly and explicitly recognised to give the necessary investment signal to scale up capacity for production in Europe.

…and explicitly recognised to give the necessary investment signal to scale up capacity for production in Europe. ➢ The Design for Recycling (DfR) criteria, to be established under the delegated act, shall consider the requirements for small components with due consideration to state of the art of collection, sorting and recycling processes. Very often small packaging is fully recyclable, but currently available waste sorting systems are not able to capture packaged small items, which are, in practice, not recycled as they get disregarded during the sorting of waste in the recycling facility. ➢ We support a target calculation for recycled plastic as an average of all plastic packaging placed on the EU market by an economic operator rather than per unit of packaging.

…an average of all plastic packaging placed on the EU market by an economic operator rather than per unit of packaging. ➢ Packaging performance criteria should ensure that the packaging volume and weight is limited to the minimum adequate amount for a given material and shape and in accordance with the definition of packaging in Article 3(1). Rules on packaging minimisation should not lead to packaging standardisation and should not undermine companies’ flexibility in the design of packaging. Realistic transition periods are needed for industry to ensure compliance with the new rules on packaging minimisation. 1 For more information on Cosmetics Europe, visit Cosmetics Europe - The Personal Care Association :: Home. 2 For more details on Commit for Our Planet, visit www.commitforourplanet.cosmeticseurope.eu. Ref.

Association :: Home. 2 For more details on Commit for Our Planet, visit www.commitforourplanet.cosmeticseurope.eu. Ref. Ares(2023)2840050 - 21/04/2023 2 ➢ We propose to define a different methodology for “single products” and “grouped packaging” under Article 21. Indeed, in case the consumer orders several products of different sizes (example: a 100ml perfume and a lipstick), this will inevitably create some additional “empty space” which is unavoidable. ➢ Maximum harmonization of labelling requirements should be the final aim of the PPWR proposal and the use of digital means should be fostered to strike a balance between the increased consumer information labelling requirements and the obligations of packaging minimisation. ➢ Manufacturers should be given adequate time to comply with new labelling requirements on pack or digitally.

➢ Manufacturers should be given adequate time to comply with new labelling requirements on pack or digitally. In addition, full stock disposal and exhaustion of packaging manufactured or imported before the application of the different obligations should be allowed so as not to cause waste. ➢ It is important that equal access to the high-quality recyclates is maintained for all sectors under the mandatory recycled content targets. Any sector or product category should not be discriminated or favoured in accessing secondary raw materials. ➢ Investments into collection, sorting and recycling infrastructure in the EU will be essential to achieve the sustainability requirements (e.g., recycled content targets) set by the Commission.

EU will be essential to achieve the sustainability requirements (e.g., recycled content targets) set by the Commission. Therefore, measures for the development of such infrastructure as well as a system capable of triggering investments should be introduced to reach the ambitious targets proposed, such as for instance collection targets. ➢ Many aspects in the proposal remain undefined and will only be developed via delegated acts at a later stage (e.g., the DfR criteria). To provide the industry with legal, planning and investment security, the Commission should start working on these aspects as soon as possible and involve stakeholders in the process; the deadlines for industry’s compliance should be linked to the publication of the delegated and implementing acts, and not to the publication of this Regulation. SPECIFIC REMARKS AND RECOMMENDATIONS3 1.

…and implementing acts, and not to the publication of this Regulation. SPECIFIC REMARKS AND RECOMMENDATIONS3 1. GENERAL PROVISIONS • Legal Basis and Harmonisation Preserve the full internal market legal basis to ensure harmonisation across Member States and remove provisions that foster internal market fragmentation. → Harmonised packaging and labelling rules across Member States are essential to the integrity of the Single Market. Over the past years, we have witnessed an increase in disparate national packaging requirements (e.g., unilateral packaging bans, national reuse and recycled content targets and labelling requirements) that have resulted in internal market barriers and negative impacts of the environment (e.g., destruction of stocks or unsold items).

…in internal market barriers and negative impacts of the environment (e.g., destruction of stocks or unsold items). These national legislations (e.g., the French Triman labelling requirements) often require many obligations from distributors and create tensions in their relationship with the cosmetics manufacturers. → We welcome the choice of a Regulation as legal instrument with a full internal market legal basis (Article 114 TFEU) which should be preserved throughout the Ordinary Legislative Procedure. Nevertheless, we are concerned about some proposed provisions allowing Member States to maintain or introduce specific requirements at national level (e.g., Art. 4 (5) on labelling requirements). We call for these provisions to be deleted to ensure harmonisation across all EU 27 Member States on packaging legislation.

…for these provisions to be deleted to ensure harmonisation across all EU 27 Member States on packaging legislation. 3 See the annexed document for all Cosmetics Europe proposed amendments on the PPWR. 3 • Definitions (Article 3) Maintain the inclusion of cosmetics under the proposed definition of “contact sensitive packaging”. → We welcome the inclusion of cosmetics under the contact sensitive category and consider it of paramount importance that cosmetic products remain under the proposed definition of “contact sensitive packaging”. Similar to food or healthcare products, cosmetics can be used for in-body usage (e.g., toothpaste) or as leave- on products (e.g., face cream).

…products, cosmetics can be used for in-body usage (e.g., toothpaste) or as leave- on products (e.g., face cream). Therefore, the packaging of cosmetic products requires a high quality of PCR plastic to ensure the highest standards of consumer safety, health & hygiene, as required by the EU Cosmetics Products Regulation, which is furthermore internationally recognised. Secure recognition of advanced/chemical recycling, within the scope of recycling, as complementary to mechanical recycling. →To meet the recycled content targets proposed and considering the scarce availability of high quality secondary raw materials required for contact sensitive packaging, it is essential to recognise advanced/chemical recycling where mechanical recycling cannot deliver the necessary quality of secondary material.

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Cosmetics Europe contribution to the EC roadmap public consultation on “Essential requirements for packaging and reduce (over)packaging and packaging waste” Cosmetics Europe represents the cosmetics and personal care industry in Europe. Ranging from antiperspirants, fragrances, make-up and shampoos, to soaps, sunscreens and toothpastes, cosmetics and personal care products play an essential role in in all stages of our life. European citizens use cosmetic products as part of their daily lives, serving their essential needs and expectations. These needs and expectations drive our industry as well as delivering innovative products that enhance consumers’ well-being and quality of life and boost their self- esteem.

…as delivering innovative products that enhance consumers’ well-being and quality of life and boost their self- esteem. We welcome the European Commission’s European Green Deal announcement and share the overarching goals of the European Union to mitigate the impact of climate change by 2050, contribute to the United Nations Sustainable Development Goals and enhance competitiveness and growth. In regard to the Commission’s roadmap on “Essential requirements for packaging and reduce (over)packaging and packaging waste”, Cosmetics Europe considers the following principles are critical elements for the upcoming European Commission policy discussion: • The European Single Market is one of the European Union’s greatest achievements, underpinning the competitiveness of European businesses and establishing the EU as a key global market and export partner to third countries.

…of European businesses and establishing the EU as a key global market and export partner to third countries. A level playing field must be ensured through the Single Market protection and harmonization. The gradual fragmentation of the Single Market must be prevented, and its smooth functioning and the free movement of goods, so vital to competitiveness and growth, must be assured by removing barriers. o A functioning Single Market for secondary raw materials with harmonised rules on packaging is key, as it allows the free movement of packaging and packaged goods in the European Union.

…rules on packaging is key, as it allows the free movement of packaging and packaged goods in the European Union. • Safeguarding the specificities of the cosmetics and personal care industry as regards product safety and protection of the consumers is paramount in the context of packaging’s functionality, namely its role in: a) Protecting the product and through it the safety of the consumer, b) Product application, enabling correct application and use of the product, c) Increasing shelf-life and contributing to product waste reduction, and d) Facilitating transport, handling and distribution. Measures to increase the recyclability and re-usability and/or to reduce waste generation must take into account the critical aspects of packaging for cosmetic products highlighted above.

…waste generation must take into account the critical aspects of packaging for cosmetic products highlighted above. • Any policy measures designed to stimulate demand for plastic recyclates must take into account the regulatory, technical, quality, and supply chain barriers to include recycled content within packaging for categories of products such as personal care products for which packaging delivers essential functionalities, as outlined above. Ref.

…products such as personal care products for which packaging delivers essential functionalities, as outlined above. Ref. Ares(2020)4079960 - 03/08/2020 • The cosmetic and personal care industry believes there is a need of strengthening the market for secondary raw materials through: o Optimal implementation and enforcement of existent legislation, o Establish harmonised collection and recycling systems across Europe, o Timely investment in Member States’ infrastructures for return/separate collection, sorting and recycling, o Availability of secondary raw materials at competitive prices and of appropriate quality ensuring consumer and product safety, based on EU-wide definitions of recyclability and minimum quality standards for recyclates.

…and product safety, based on EU-wide definitions of recyclability and minimum quality standards for recyclates. • A holistic assessment of the environmental impact of packaging whereby environmental performance is assessed throughout the entire life cycle of the packaged product is key. Mechanically recycled, chemically recycling and biobased plastics should be evaluated based to their circularity potential. Cosmetics Europe looks forward to contributing to the future policy discussions on the essential requirements for packaging and reduce (over)packaging and packaging waste. Max 4000 words with spaces

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