The EU Environment Council has voted and agreed its position on the planned Packaging and Packaging Waste Regulation (PPWR). This clears the way for the trilogue negotiations on the finalisation of the legislation. The packaging industry associations are both in favour and critical. An overview.
The BDE Federal Association of the German Waste Management, Water and Recycling Industry sees the Council's swift positioning on the proposed Packaging Ordinance as a good basis for finalising the legislative process soon. At the same time, the association continues to recommend the consistent prioritisation of mechanical recycling.
„The EU Packaging Regulation has the potential to make an important contribution to a functioning circular economy through appropriate promotion. It is therefore to be hoped that this legislative process can be finalised in the current EU legislative period. The prerequisite for this is that the trialogue between the Council and Parliament comes to a swift conclusion.“
Peter Kurth, BDE President
The association president emphasised the key demands of the waste management and recycling industry with regard to the future regulation: a focus on „design for recycling“ in mechanical recycling, binding and ambitious minimum recyclate input quotas, specific recycling quotas for mechanical recycling and accompanying quotas for chemical recycling in the EU. In addition, the monitoring of mass balancing in chemical recycling by an independent body that also only directs plastic streams to chemical recycling that are not suitable for mechanical recycling. Peter Kurth: „The BDE expects all parties involved to be willing to compromise on the basis of the Commission's proposal. As the current positions of the Council and Parliament correspond on key points, “We have every reason to hope that we will reach a successful conclusion to the negotiations during this legislative period. This would be a high point in the circular economy agenda of this Parliament and this Commission."
EU environment ministers are sending a fatal signal, says the Industrial Association for Plastic Packaging IK and sees the Packaging Ordinance shrunk to an anti-plastics regulation. The Association of Plastic Packaging Manufacturers criticises a false ecological steering effect towards more poorly recyclable paper composite packaging and national packaging regulations. Following the agreement of the EU member states on a common negotiating position, the IK therefore criticises the numerous special rules for plastic packaging, exemptions for paper, cardboard and carton packaging for reusable packaging quotas and packaging bans as well as national exemptions.
„The decision is a step backwards for the circular economy and leads to a patchwork of different packaging rules in the EU internal market. Under great time pressure, the Member States have agreed to a proposal that, if implemented as it stands, would lead to more packaging waste, less recyclable packaging and higher barriers to the exchange of packaged goods in the EU internal market.“
Dr Martin Engelmann, Managing Director of the Industrievereinigung Kunststoffverpackungen e.V.
It is true that Federal Environment Minister Lemke spoke at the EU Council meeting in favour of material-neutral packaging regulations and against special national approaches but was unfortunately unable to assert itself.
The definition of large-scale recyclability proposed by the Council, which is to become a market requirement for packaging from 2035, has also been criticised. This means that packaging must not only be designed to be recyclable, but also be recycled at least 55 per cent output-based across the EU. The problem: separate waste collection and the fulfilment of recycling requirements are the responsibility of the member states.
Finally, the IC is concerned about the Requirements for the use of recyclate in food packaging, The fulfilment of which is also not under the control of the manufacturers and distributors.
„It is still completely unclear where the required recyclates for contact-sensitive packaging will come from from 2030 onwards, as there is a lack of both approvals for mechanical recyclates and investments in chemical recycling. The industry therefore urgently needs more flexibility to be able to compensate for the lack of recyclates in food packaging by using them in other products.“
Dr Isabell Schmidt, Managing Director Circular Economy at IK
The Council has set ambitious targets for the recycling of flexible packaging on a large scale, but is failing to create the necessary conditions, says the Association of Flexible Packaging Suppliers, Flexible Packaging Europe FPE. It welcomes the improvements to the deadlines for recyclability requirements, which are largely in line with the amendments proposed by the European Parliament. Nevertheless, the Council is sending out mixed messages about this, how economic operators, together with the Member States, intend to achieve recyclability on a large scale - A prerequisite for market access in 2035. The framework conditions are currently missing from the Council text, it says. Mandatory separate collection is a welcome first step, but extended producer responsibility (EPR) systems must also be obliged to accept recyclable packaging.
According to the FPE, the EU single market for packaging and packaged products is at risk as Member States are allowed to maintain or introduce their own sustainability requirements. However, more than 50 per cent of food in the EU is packaged in flexible packaging, and the flow of this food is limited to one Clear, coherent and harmonised EU legislation instructed.
Container glass manufacturers are disappointed with the general approach taken by Member States. In contrast to the European Parliament, the Council of the EU did not recognise the contribution that recyclable packaging can make to competitiveness and sustainable growth in its opinion on the PPWR, according to the industry association FEVE. The European container glass industry is calling on the co-legislators to treat waste reduction targets fairly in the upcoming trialogue negotiations, to protect distinctive packaging designs and to More ambition in recyclability and separate collection to show.
„We are deeply concerned that although Member States have recognised the risk of material substitution, overall packaging waste reduction targets based on weight alone will inadvertently encourage a shift from circular materials such as glass to lighter but less recyclable or reusable materials.“
Adeline Farrelly, Secretary General FEVE
The container glass industry remains concerned that distinctive packaging designs are under threat as Member States have not fully recognised design as an essential aspect of packaging and the importance of adequately safeguarding the intellectual property rights arising from unique designs. „A disproportionate restriction on packaging design means that all products will look similar. The Brands are thus losing one of the most important instruments, to communicate their identity to consumers and stand out on the shelves,“ comments Adeline Farrelly.
Member States have watered down recyclability measures, says FEVE. „Not all recycling has the same environmental value,“ says Adeline Farrelly. „The introduction of recyclability classes that reward packaging that can be recycled multiple times and can be fed into a closed material loop, would have been an important milestone. We regret that Member States have missed the opportunity to incentivise packaging that can be recycled an infinite number of times and that can be productive again and again in a circular economy.“
European Bioplastics (EUBP) regrets the position taken by the Environment Ministers in the Environment Council and considers the failure to recognise the role of bioplastics a missed opportunity. „Member States seemed divided today on a number of key issues, which will be problematic for the implementation of such a complex regulation if the resulting shortcomings are not addressed during the trilogue negotiations,“ explains Roberto Ferrigno, Head of EU Affairs at EUBP. „It is a weak general approach that hardly recognises the value of a very small number of compostable applications and innovative bio-based solutions. The disagreement between governments and the derogations for several important measures will lead to further fragmentation of the single market,“ he adds.
Sources: BDE, IK, FPE, FEVE, EUBP
