Draft for new minimum standard contains massive changes

All flexible packaging made of PE and PP that is smaller than DIN A4 as well as large-format films (>DIN A4) made of PP are with the validity of the new minimum standard from 1 September 2023 categorised as no longer recyclable.

The same applies to rigid PET-A for monolayer, rigid and expanded polystyrene and all fibre-based composite packaging, which includes, for example, laminated folding boxes (for frozen products), composite cans or coated paper (for dried soup sachets and pudding powder). In order to continue to be considered recyclable, it is now mandatory to provide itemised evidence for these packaging types and materials.

The Reason for this surprising reassessment is the summary of the previous columns 3B and 3C in the annex to the newly published consultation draft of the forthcoming minimum standard.

Previously, there was a three-part assessment of the existing material flows, expressed by the specification numbers. Packaging can only be assessed in terms of its recyclability if it can be assigned to a corresponding sorting stream. There are the main streams that are easy to sort, such as rigid PE and PP, which are served by more than 80 per cent of the sorting plants; the corresponding fraction numbers can be found in column 3a and are labelled as „available“. In column 3c, previously labelled „only in individual cases/marginal“, only approx. 20 percent of the nationwide sorting capacities are available, according to a study by the UBA. For this sorting fraction, there was previously the voluntary option of individual verification. Column 3b collected all other sorting capacities between 20 and 80 per cent.

The new dichotomy will in future only allow either „available“ or „limited/in individual cases“ and requires mandatory itemisation.

The minimum standard provides a meagre description of what an itemised bill is, supported by two examples. Ultimately, it means that the distributor must obtain proof from its dual system, that the licensed packaging quantity is actually fed into high-quality material recycling, with proof of all quantity receipts. On the other hand, this additional service of itemisation causes additional costs of an unknown amount for the customer and is probably not provided by all dual systems.

It is also foreseeable that there will be there will not be sufficiently large equivalent quantities for all packaging subject to system participation. This creates competition with unclear consequences. This means that relevant quantities of packaging previously sorted and recycled in the recycling stream, such as laminated folding cartons, plastic bags and films are no longer considered recyclable and can be subject to even higher fees in accordance with §21. And when the new European Packaging Ordinance comes into force, packaging that is not at least 70 per cent recyclable may no longer be placed on the market.

On the positive side, it is is currently a draft, This means that distributors still have the opportunity to raise an objection with the Central Agency Packaging Register and reject this regulation.

This topic concerns all manufacturers and distributors of packaging. Together with Innoform and lawyer Frank Sieberger from Ecovis KSO, Tilisco will be offering a Web seminar on the topic. In the process explains the changes and correlations, who is affected and to what extent, and pre-formulated letters are available on request.

Source: Tilisco