Federazione Nazionale dell'Industria Chimica italiana

Environment Unit Proposal for a Regulation of the European Parliament and of the Council on packaging and packaging waste, amending Regulation (EU) 2019/1020 and Directive (EU) 2019/904, and repealing Directive 94/62/EC (n. COM(2022) 677 final) Federchimica remarks April 2023 Ref. Ares(2023)2828331 - 21/04/2023 Remarks on the proposed Regulation on packaging and packaging waste 1 Federchimica The national Federation of the chemical industry represents 1,450 companies for a total of over 94,000 employees; it is divided into 17 sector Associations and 38 product Groups and among its primary objectives there is the coordination and protection of the role of the chemical industry operating in Italy and the assistance to member companies. Federchimica is a member of Confindustria and, in Europe, of CEFIC, the European Chemical Industry Council, and of ECEG (European Chemical Employers Group).

…and, in Europe, of CEFIC, the European Chemical Industry Council, and of ECEG (European Chemical Employers Group). Di seguito si riporta l’elenco delle 17 Associazioni di settore, che rappresentano il mondo chimico dai prodotti di base fino ai prodotti destinati al consumatore: Below the list of the 17 sector Associations is reported; they represent the chemical world from core products to products for the consumer: - Agrofarma – national association of agropharmaceutical companies - AIA – Italian aerosol association - AISA – national association of animal health companies - AISPEC – national association of fine chemical companies and specialist sectors - Aschimfarma – national association of manufacturers of active substances and intermediates for the pharmaceutical industry - Assobase – national association of inorganic and organic basic chemical enterprises - Assobiotec – national…

…drugs - AVISA – national association of paints, inks, sealants and adhesives - Ceramicolor – national association of ceramic paint factories and metal oxide producers - Cosmetica Italia – national association of cosmetic companies - PlasticsEurope Italia – Italian association of plastics manufacturers Remarks on the proposed Regulation on packaging and packaging waste 2 Introduction The European Commission is working, as part of the objectives of the Green Deal and the Circular Economy Plan to reduce CO2 emissions, waste production and the use of raw materials, to review the legislation on packaging and waste of packaging.

…waste production and the use of raw materials, to review the legislation on packaging and waste of packaging. The legislative initiative took the form of a proposal for a Regulation that the Commission presented on 30 November 2022. The document is very substantial and articulated (65 articles and 13 Annexes) and these provisions will have important and transversal impacts for chemical companies as a whole (producers of plastic raw materials and users of packaging), as well as for some specific sectors. Key messages The purpose of this document is to highlight Federchimica's remarks on the Proposal for a Regulation on packaging and packaging waste. Therefore, the key messages are set out below, developed in more detail later on in the document, where the main critical issues of the proposed Regulation and some sectoral peculiarities are set out.

…in the document, where the main critical issues of the proposed Regulation and some sectoral peculiarities are set out. Safeguard virtuous experiences The proposed Regulation foresees that the reuse of packaging takes priority over the recycling of packaging waste, prohibiting applications and dictating binding reuse objectives to be achieved, without considering the risk of compromising the functions that packaging must ensure to protect the products and avoid damage and waste and, above all, without making the most of the virtuous experiences that have been developed in some countries, such as Italy through the so-called “CONAI System (National Packaging Consortium)”, to achieve the packaging waste recycling objectives dictated by the current European legislation.

Consortium)”, to achieve the packaging waste recycling objectives dictated by the current European legislation. The Italian model of packaging waste management from a circular economy perspective represents excellence on the European scene. In 2021, 73% of the packaging placed on the market was recycled, reaching the recycling targets set by Europe for 2030 (70%) 9 years in advance. Picture from: CONAI – Green Economy Report 2021 Remarks on the proposed Regulation on packaging and packaging waste 3 Adding the numbers of recycling to those of energy recovery, the total amount of packaging removed from landfills grows and approaches 84% (83.7%). A total of almost 11 million tons. The achievement of these exceptional performances was possible thanks to a commitment on several sides.

…million tons. The achievement of these exceptional performances was possible thanks to a commitment on several sides. A key element is certainly provided by CONAI and the independent consortia which, through a system based on the prevention, recovery and recycling of packaging materials, constitute the national management model of these products and related waste, which has known over the years guarantee these results. It should also be noted that the “CONAI System” proves to be not only efficient, but also the least expensive among EU countries with more than 10 million inhabitants, according to a study conducted by Bocconi University for the Consortium.

…with more than 10 million inhabitants, according to a study conducted by Bocconi University for the Consortium. Picture from: CONAI – Green Economy Report 2021 From what has been briefly presented, it emerges that this Packaging Waste Management System is a system to be preserved, guaranteeing Member States the possibility of leaving economic operators the flexibility to organize themselves in order to achieve the environmental objectives set at European level. The new Regulation should therefore indicate "where" to arrive and not "how".

…objectives set at European level. The new Regulation should therefore indicate "where" to arrive and not "how". Remarks on the proposed Regulation on packaging and packaging waste 4 The need for proportionate measures • The proposed measures determine a model of production and consumption according to which the container becomes more important than the content to be protected, conserved, used or consumed in a correct and appropriate manner and – sometimes – from which the user/consumer must be protected; • the proposal for a Regulation not only establishes very ambitious objectives (collection, reuse, recycling, content of recycled material in packaging) but it also chooses the technologies with which to achieve these objectives thus determining a heavy impact on the entire production sector (producers of raw materials, producers and users of packaging), which over time has developed…

…the production of food waste, its safety and food safety, nor the need to ensure hygiene in the use of products. Likewise, with reference to dangerous chemical products, the Regulation does not adequately take into account the existence of specific Regulations that dictate the characteristics that packaging must possess (Regulations for the transport of dangerous goods) or the safety information that they must convey; • in relation to the percentages of recycled material that must necessarily be present in the packaging, it does not appear that the actual availability on the market of the quantities of recycled materials necessary to ensure the percentages proposed has been verified, considering the current yields of the collection, selection and recycling.

…the percentages proposed has been verified, considering the current yields of the collection, selection and recycling. More generally, an assessment of the economic and social impact of this proposal and of the real environmental benefits associated with the proposed measures has not been carried out; • the obligation is envisaged for the operators concerned to adhere to Extended Producer Responsibility Systems in each of the Member States on whose territory the operator places packaging or packaged products, significantly increasing the burdens on the companies without increasing the level of environmental protection; • the proposed Regulation refers in several articles to delegated acts that will be published later, without providing for sufficient transitional periods for companies to adapt to the new provisions; • chemical recycling, and its role in achieving recycling targets,…

…and its role in achieving recycling targets, needs to be properly and clearly framed within the proposed measures. The chemical industry is facing the circular transition and is currently investing to develop large chemical recycling capabilities. A clear legal framework therefore needs to be created: predicting that the criteria for accounting for chemically recycled materials will be defined by an implementing act by 31 December 2026 is too far in the future and unnecessarily prolongs legal uncertainty, thus hampering transition planning in progress.

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