Metal Packaging Europe External Affairs ASBL

Avenue des Arts 41 1040 Brussels Belgium [email protected] +32 2 897 04 91 www.metalpackagingeurope.org/pa E T W Metal Packaging Europe External Affairs asbl MPE’s feedback on the Commission Implementing Regulation establishing the format for reporting non- recycled plastic packaging waste as an own resource Metal Packaging Europe (MPE), the association bringing together European producers of rigid metal packaging, welcomes the adoption of an implementing regulation establishing the format for reporting non-recycled plastic packaging waste as an own resource.

…implementing regulation establishing the format for reporting non-recycled plastic packaging waste as an own resource. The objectives to establish a new category of own resources based on national contributions calculated on the basis of non-recycled plastic packaging waste are mentioned in Recital 7 of the Council Decision 2020/2053 of 14 December 2020 on the system of own resources of the EU and repealing Decision 2014/335/EU, Euratom. These objectives are: - “In accordance with the European strategy for plastics, the Union budget can contribute to reducing pollution from plastic packaging waste. - An own resource which is based on national contributions that are proportional to the quantity of plastic packaging waste that is not recycled in each Member State will provide an incentive to reduce the consumption of single-use plastics, foster recycling and boost the circular economy”.

…an incentive to reduce the consumption of single-use plastics, foster recycling and boost the circular economy”. MPE would like to remind the European Commission that rigid metal packaging is a key solution to accomplish these goals because: - Rigid metal packaging is not covered by Directive (EU) 2019/904 on reducing the impact of certain plastic products on the environment (Recital 7 and Recital 12). - Coatings and sealants – that could be considered plastic components as they are made from thermoset polymers (and are not the thermoplastic polymers that are generally referred to as “plastic”) and used in metal packaging, are not a barrier to the recycling of metal packaging, nor do they contaminate the recyclate/secondary raw materials since they melt away during the recycling process in a way which guarantees that there is no leakage into the environment.

…they melt away during the recycling process in a way which guarantees that there is no leakage into the environment. - The latest recycling figures show that rigid metal packaging is among the packaging formats with the highest rates (76% for aluminium beverage cans and around 85,5% for steel packaging1) and the industry aims to keep increasing these figures over the coming years. - Metal packaging is made from permanent materials and is a perfect fit for a Circular Economy. 1 Recycling rate for respective aluminium beverage cans (2019) and all steel for packaging (2020) segments. Ref.

…1 Recycling rate for respective aluminium beverage cans (2019) and all steel for packaging (2020) segments. Ref. Ares(2022)6851859 - 04/10/2022 Avenue des Arts 41 1040 Brussels Belgium [email protected] +32 2 897 04 91 www.metalpackagingeurope.org/pa E T W Metal Packaging Europe External Affairs asbl MPE recalls that this own resource concerns non-recycled plastic packaging waste and that these must therefore be limited to plastics as defined in Article 3, point 1a) of Directive 94/62/EC of the European Parliament and the Council on packaging and packaging waste. MPE also notes that contributions will be calculated based on Eurostat data, which Member States already collect and provide under existing reporting obligations.

…based on Eurostat data, which Member States already collect and provide under existing reporting obligations. More concretely, following the Packaging and Packaging Waste Directive (Directive 94/62/EC) and its implementing Decision (Decision (EU) 2019/665), Member States already provide data on plastic packaging waste generation and recycling. Therefore, MPE would like to raise some concerns: - In the Council Regulation (EU, Euratom) 2021/770, Article 6 on the calculation of the own resource based on non-recycled packaging waste refers to Article 6a of the Directive 94/62/EC and the methodology set out in Article 6c of Decision 2005/270/EC. This decision 2005/270/EC was amended by the Commission Implementing Decision (EU) 2019/665.

…of Decision 2005/270/EC. This decision 2005/270/EC was amended by the Commission Implementing Decision (EU) 2019/665. This text should be the reference as it gives new rules in Directive 94/62/EC regarding the calculation for the attainment of the packaging waste recycling targets for 2025 and 2030. - MPE considers that the definitions in point (10) relating to “plastic packaging waste generated” and in point (11) relating to “plastic packaging waste recycled” are not precise enough. These should include elements of definitions concerning plastic and packaging waste. They cannot be based on some drafted definitions in Decision 2005/270/EC because these have been removed by the Implementing Decision (EU) 2019/665.

…drafted definitions in Decision 2005/270/EC because these have been removed by the Implementing Decision (EU) 2019/665. - In addition, the use of the phrase “plastic components of composite and other packaging” in these definitions can be confusing because they cover the notions of composite packaging (defined in article 3(2b) of Directive 94/62/EC) and could also include other recyclable and non-plastic packaging. MPE considers that it is essential to avoid legal uncertainties by adopting definitions which have not been approved by European legislators, to avoid inconsistencies between existing definitions and guarantee any possibility of misinterpretation by Member States (e.g., introduction of coatings and sealants in the definition of plastics).

…of misinterpretation by Member States (e.g., introduction of coatings and sealants in the definition of plastics). This implementing regulation could constitute a good basis for helping Member States to define more precisely what is considered plastic that can be subject to plastic tax at a national level and whose objective would strengthen this own resource of the EU budget. Avenue des Arts 41 1040 Brussels Belgium [email protected] +32 2 897 04 91 www.metalpackagingeurope.org/pa E T W Metal Packaging Europe External Affairs asbl About Metal Packaging Europe Metal Packaging Europe gives Europe’s rigid metal packaging industry a unified voice, by bringing together manufacturers, suppliers, and national associations. We proactively position and support the positive attributes and image of metal packaging through joint marketing, environmental and technical initiatives.

…the positive attributes and image of metal packaging through joint marketing, environmental and technical initiatives. We represent the industry’s views and voice opinions so that stakeholders understand how metal packaging contributes to the Circular Economy. Contact details • Leonie Knox-Peebles, CEO; [email protected], +32 2 897 04 90 • Sarah Cuvellier, Senior Manager European Affairs; [email protected], +32 2 897 04 91 EU Transparency Register: 867965517169-77

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…1 Avenue des Arts 41 1040 Brussels Belgium [email protected] +32 2 897 04 91 www.metalpackagingeurope.org/pa E T W Metal Packaging Europe External Affairs asbl April 2023 MPE Position paper on the proposal for a regulation on packaging and packaging waste (PPWR) – COM(2022)0677 Metal Packaging Europe (MPE), the European association representing rigid metal packaging (steel and aluminium), supports the European Commission’s objective that “all packaging on the EU market be reusable or recyclable in an economically viable way by 2030” as mentioned in the Green Deal and the Circular Economy Action Plan (CEAP) 2.0 and supported by the European Parliament in its resolution on 28 February 20211. First, MPE would like to reiterate its support for changing a directive to regulation and Article 114 TFUE as the sole legal basis.

…like to reiterate its support for changing a directive to regulation and Article 114 TFUE as the sole legal basis. This proposal aims to create legal certainty for economic operators when they put packaging on the market and the number of specific national legislation to transpose the current PPWD is a real problem to ensure this legal certainty. Furthermore, the adoption of a Regulation on the internal legal basis is a safeguard against protectionist measures, market distortions and fragmentation. Although the proposal is going in the right direction in some aspects, MPE would like to underline some elements that should be taken into account by the co- legislators during the examination of this proposal: 1.

…some elements that should be taken into account by the co- legislators during the examination of this proposal: 1. Recyclability: Amend Article 6 to include stronger criteria to reflect that some packaging are made from highly recycled, and infinitely recyclable materials by 2030 MPE welcomes the introduction of a specific provision on recyclable packaging (Article 6 and Annex II) and supports the establishment of Design for recycling criteria and the introduction of recyclability performance grades on which the eco- modulation of EPR fees will be based. MPE believes that some provisions should be improved for example: 1 Report on the New Circular Economy Action Plan – Paragraph 66 Ref.

…some provisions should be improved for example: 1 Report on the New Circular Economy Action Plan – Paragraph 66 Ref. Ares(2023)2891599 - 24/04/2023 2 Avenue des Arts 41 1040 Brussels Belgium [email protected] +32 2 897 04 91 www.metalpackagingeurope.org/pa E T W Metal Packaging Europe External Affairs asbl - Some packaging materials can be considered “permanent materials”, that is to say a material whose inherent properties do not change, regardless of the number of times it goes through a recycling process. It means that once it is produced for the first time and properly collected, sorted and processed at the end of its life, it becomes the raw material for new and endless production loops. Such materials are and will remain, at the heart of any proven and well-functioning Circular Economy.

…loops. Such materials are and will remain, at the heart of any proven and well-functioning Circular Economy. It is why they should be differentiated from the others and be considered highly recyclable. In this perspective, MPE requests the introduction of criteria for highly recyclable packaging in Article 6. Based on the elements above and the explicit reference to “high-quality recycling” in Article 43 of the proposal, MPE also considers the need to add a definition of high-quality recycling (in Article 3). It will avoid legal ambiguity, ensure a harmonised interpretation across the EU and support Member States to make informed choices in the deployment of return and collection systems aiming to support and promote high-quality recycling.

…choices in the deployment of return and collection systems aiming to support and promote high-quality recycling. - As the aim is to have all packaging placed on the EU market reusable or recyclable in an economically viable way by 2030, the criteria to be recycled at scale needs to be applicable by 2030 and note delayed to 2035. Furthermore, the 75% threshold is met only by the largest Member States. To ensure the legislation is implemented at EU level, the threshold should be increased to 90% of the EU population and to at least 2/3 of Member States. - Two years would be adequate time for innovative packaging to demonstrate that it can meet the recyclability criteria set in Article 6. Ideally, when packaging is put on the market, the existing collection and sorting infrastructure should already be able to deal with it and ensure that it can be recycled at the end of its life.

…infrastructure should already be able to deal with it and ensure that it can be recycled at the end of its life. - To respect the timeline imposed in this Regulation, the Commission must adopt the delegated act by a specific date (by 1 January 2028 at the latest). It is necessary to prioritise the adoption of delegated acts linked to provisions that are defined for a specific date. This can be done directly in Article 6 but also through a specific timeline in Article 58 related to the exercise of the delegation. - The eco-modulation of fees should be calculated on the same recyclability criteria for all materials. As recycled content is only for plastics, it should not be a criterion taken into consideration to modulate the EPR fees.

…recycled content is only for plastics, it should not be a criterion taken into consideration to modulate the EPR fees. 3 Avenue des Arts 41 1040 Brussels Belgium [email protected] +32 2 897 04 91 www.metalpackagingeurope.org/pa E T W Metal Packaging Europe External Affairs asbl

…2 897 04 91 www.metalpackagingeurope.org/pa E T W Metal Packaging Europe External Affairs asbl 2. Recycled content: Avoid applying plastic recycled content targets to parts of packaging that should not be considered “plastic parts” As Article 7 sets up minimum recycled content in plastic packaging, to ensure consistency between the objective stated in this article and its wording, it is necessary to make some corrections in the text to be certain that it is applicable to plastic packaging only. Moreover, some elements such as coatings on metal supports, seam sealing for metal packaging and sealing compounds for metal closures are not considered plastics under the definitions of the Draft Regulation, supported by the Commission Regulation (EU) No 10/2011 of 14 January 2011 on plastic materials and articles intended to come into contact with food and they are not considered “part” of a…

…into contact with food and they are not considered “part” of a composite packaging consisting of different materials. 3. Reuse & refill targets: Exclude highly recyclable packaging from the calculation of reuse and refill targets. There is a need for a proper assessment before setting targets for 2040 Some single-use packaging will never be reusable and are highly recyclable. Therefore, reuse/refill target calculations should exclude single-use packaging with a net environmental benefit higher than reusable packaging. The objective of this Regulation is for all packaging to be reusable or recyclable in an economically viable way by 2030. This regulation must establish considerations for ecologically highly optimised single-use or reusable packaging.

…2030. This regulation must establish considerations for ecologically highly optimised single-use or reusable packaging. MPE requests that packaging not covered by the definition of reusable packaging in Article 10 of this Regulation and considered as highly recyclable packaging are exempt from the calculation of reuse and refill targets set out in Article 26. In addition to this, MPE considers that the European Commission should conduct an environmental impact assessment soon after 2030 to evaluate whether 2040 targets are required. MPE acknowledges that it is often argued that reusable packaging delivers better overall performance and desired environmental impacts than one-way packaging systems. Nevertheless, there is to date no consistent, data-based evidence confirming which system performs best.

…systems. Nevertheless, there is to date no consistent, data-based evidence confirming which system performs best. Imposing strong interventionist measures such as mandatory reuse quotas for packaging systems for 2040 before having measured the real net environmental benefit of these measures is not considered as the appropriate way to follow. 4 Avenue des Arts 41 1040 Brussels Belgium [email protected] +32 2 897 04 91 www.metalpackagingeurope.org/pa E T W Metal Packaging Europe External Affairs asbl

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