Association de l'Aviculture, de l'Industrie et du Commerce de Volailles dans les Pays de l'Union Europeenne asbl

Commission’s packaging proposal: positive aspects but major concerns remain for the meat sector AVEC, CLITRAVI and UECBV welcome the opportunity to get consulted on the European Commission's proposal for a regulation on packaging and packaging waste, amending regulation (EU) 2019/1020 and directive (EU) 2019/904, and repealing directive 94/62/EC. In particular we welcome the opportunities for the food industry to align with sustainable packaging and a circular economy and further harmonize the EU internal market. However, the proposal contains significant concerns that may negatively impact the meat industry, as well as food safety concerns. For example, the possibility to introduce national labelling requirements (article 11) and the mandatory use of 10 % recycled plastic in contact sensitive packaging (article 7).

…requirements (article 11) and the mandatory use of 10 % recycled plastic in contact sensitive packaging (article 7). Legal basis We strongly support the proposal and the use of the internal marked as a legal basis (Article 114 TFEU). However, we are aware that some parties are proposing a change the legal basis of the regulation. The proposed regulation is currently based on the internal market (Article 114 TFEU). It is crucial to maintain this legal basis, as it is the only guarantee that the regulation will ensure a harmonized European market for packaging materials. A harmonized European market is essential to achieve our goal of a circular economy. To attract investments and achieve scalability, we need consistent regulations across all EU member states.

…economy. To attract investments and achieve scalability, we need consistent regulations across all EU member states. If a directive and/or legal basis in environmental protection (Article 192 TFEU) were used, it would create fragmentation in the internal market and reduce the possibility of achieving sufficient scalability to reach circular economy goals. Lack of harmonization The regulation allows member states to introduce national labelling requirements to identify products in an extended producer responsibility scheme and introduces requirements for labelling of the material composition of packaging that may require national texts (article 11). This lack of harmonization results in increased costs due to the loss of economies at scale.

…texts (article 11). This lack of harmonization results in increased costs due to the loss of economies at scale. This would require companies to produce different packaged products for each EU country that adopts a national label and text, making it impossible for instance to move cancelled orders to other countries. The regulation should ensure strict harmonization in the above areas, as differences already exist and will further prevent the functioning of the internal market. To ensure a single marked for goods, it is essential that the labelling of the material fraction on the packaging only consists of a pictogram and no national text. Referring to the above, the icons used for waste sorting within EU countries differ country by country and at the same time food producers need to show them on labels. Therefore packaging needs harmonization to minimize waste.

…at the same time food producers need to show them on labels. Therefore packaging needs harmonization to minimize waste. Referring to industry calls: https://www.fooddrinkeurope.eu/wp-content/uploads/2021/06/210625-Joint-industry-call-for-an-EU- approach-to-packaging-waste-labelling.pdf Ref. Ares(2023)2888607 - 24/04/2023 https://waste-management-world.com/collection-and-handling/law-and-order-at-the-waste-collection- point/ https://www.compliancegate.com/european-union-packaging-recycling-symbols/ Food safety must have the highest priority Although we recognize the significance of promoting the use of recycled materials in food packaging and minimizing waste, we believe that the proposed objectives are certainly not achievable until 2030 and more time will be needed to reach these objectives.

…the proposed objectives are certainly not achievable until 2030 and more time will be needed to reach these objectives. There are currently two types of recycling systems: a) Mechanical recycling: As part of the PET bottle deposit system, mechanical recycling guarantees the excellent quality of PET recyclates, which are already being used in the area of PET bottles and PET bowls. The material availability of clean PET recyclates from bottle recycling is already limited and highly competitive. This material will not be available in sufficient quantity as it is the only option for the EU market to ensure the supply of goods. b) Chemical recycling: Chemical recycling is mainly used to a lesser extent as an alternative to obtaining recyclates from the PCR area. However, the plant capacities are very low.

…lesser extent as an alternative to obtaining recyclates from the PCR area. However, the plant capacities are very low. Furthermore, as part of an impact assessment, this type of recycling should be examined from an ecological point of view (energy consumption, waste water treatment, etc.). The existing recycling capacities are not sufficient to obtain clean and therefore safe/clean recyclates in the necessary quantity for use in the fresh meat sector. The fresh meat industry faces significant challenges in using recycled materials due to food safety concerns, as demonstrated by the breakdown of the market for fresh meat produced in France. Self-service distribution accounts for 53%, followed by Horeca at 22%, butchery at 11%, industry at 9%, and other channels at 5%.

…distribution accounts for 53%, followed by Horeca at 22%, butchery at 11%, industry at 9%, and other channels at 5%. Similar figures are observed in other Member States demonstrating that plastic packaging is essential for distribution and preferred by consumers. In order to maintain consumer confidence, secure packaging is a necessity. However, the use of tray/lid combinations has been developed over time and cannot be replaced without careful consideration of the implications for food safety. The manufacturers and packers of fresh meat are fundamentally dependant on clean and safe plastic packaging to due to the specific properties required by the market.

…dependant on clean and safe plastic packaging to due to the specific properties required by the market. If recycled materials other than PET (which is not available in sufficient quantities from bottle recycling) are used for the packaging of fresh meat, then, based on current technical knowledge, an additional barrier layer between the recycled material and the product would be absolutely necessary to rule out contamination. One of the reasons for this is that there are currently no qualitatively safe recyclates from the PCR area (yellow bag/bin) that can guarantee food safety. An additional barrier layer, is not of the same original material than the packaging, often leads in the further recycling process to poorer recyclability of the packaging and to further contamination of the resulting recyclates. E.g.

…process to poorer recyclability of the packaging and to further contamination of the resulting recyclates. E.g. with PP an additional layer is necessary as long as there are no clean and food-safe recyclates in this fraction. The use of lid composite films in the fresh meat sector represents a significant further development in terms of avoiding food waste and reducing the use of materials. In order to achieve a higher recyclability, one would have to switch to polyolefin lidding films, which in turn leads to a significantly higher use of this type of materials in order to meet the market requirements for reducing food waste and food safety. Therefore, we strongly recommend that the requirement for the use of recycled plastic in fresh meat packaging be postponed until there is scientific knowledge that confirms its safety for use in the food and fresh meat industry.

…be postponed until there is scientific knowledge that confirms its safety for use in the food and fresh meat industry. As long as we lack the necessary capacity and certified materials for mechanical and chemical recycling that guarantee food safety standards, we propose that the food industry be exempted from the proposed minimum content of recycled plastic requirement. The basis for this exclusion being food safety principle, which should always be the primary driver in material choice for fresh meat products where direct meat contact with plastic occurs. We remind you that the Commission already considered the specific case of the fresh meat trays, in her communication of June 7th 2021, by excluding them from the scope of the Directive (CE)2019/904.

…meat trays, in her communication of June 7th 2021, by excluding them from the scope of the Directive (CE)2019/904. In that case, the specificity of fresh meat was considered: its packaging has a little risk to be released in the nature, since consumers have to cook it at home. We understand the importance of promoting sustainability and reducing waste, but we cannot compromise the safety and well-being of our consumers. Therefore, we urge the Commission to review the timeline foreseen in the proposal and to prioritize scientific research and collaborate with industry experts to determine the feasibility and safety of using recycled plastic in food packaging before mandating such requirements. AVEC – The voice of the EU poultry meat sector The Liaison Centre for the Meat Processing Industry in the European Union UECBV - European Livestock and Meat Trades Union

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