A recently published legal opinion shows that the special rules for plastic packaging and exemptions for other packaging materials discussed as part of the planned EU packaging regulation (PPWR) would very likely not be compatible with EU law.
Accordingly, regulations that, for example, only ban plastic packaging or require it to be reused, or exclude fibre-based composite packaging from the recyclate use quotas, are highly likely to be in breach of the recycling targets. against the principle of equal treatment, because there are no objective reasons for such unequal treatment. The legal experts also criticise procedural violations because Parliament and the Council did not take all relevant factors into account in their proposals.
In a joint appeal, the associations EuPC, IK and Elipso, which commissioned the report, call on the Member States and the European Parliament, to delete the material-specific special rules in the ongoing trilogue negotiations, in order to create legal and planning certainty for companies. The expert opinion by the international law firm Dentons concludes that all of the special rules analysed for plastic packaging and exemptions for other materials most likely violate the EU principle of equal treatment because they most likely discriminate against plastic packaging. Such Discrimination against plastic packaging is counterproductive to the objectives of the PPWR, because it is highly likely to lead to environmental misdirection by replacing lightweight and easily recyclable plastic packaging with heavier and less recyclable packaging materials, which would lead to an increase in packaging waste and greenhouse gas emissions.
„The Council and Parliament have so far ignored the existing scientific facts and findings on the benefits of plastic packaging in a climate-neutral circular economy. To make matters worse, the large number of plastic discriminations in the PPWR completely reverses the principle of material neutrality. The report shows the legislator clear limits here.“
Bernard Merkx, Director General of EuPC
Among other things, the report shows that the Bans on plastic film for a 6-pack of bottles or plastic packaging for untreated fruit and vegetables not compatible with EU law are. „Banning only plastic packaging is contrary to the original objectives of the PPWR and the EU's environmental principles. They would merely lead to a switch to disposable packaging made from other materials, e.g. paper and cardboard packaging, which is often less sustainable than plastic packaging,“ criticises Gaël Bouquet, Director General of the French plastics packaging association Elipso. Furthermore, the legislator has not considered any less burdensome measures.
„It's still not too late. We are calling on the Council and Parliament to remove the special rules for plastic packaging and exemptions for other packaging materials in the ongoing trilogue negotiations. This is the only way to create the legal and planning certainty that companies need for the transformation to a circular economy.“
Dr Martin Engelmann, Managing Director of the German IK Industrievereinigung Kunststoffverpackungen
The manufacturers of plastic packaging have long been calling for a Return to standardised packaging regulations throughout the EU. If the legal uncertainty of the currently proposed text is not eliminated, this would result in an avalanche of European and national legal disputes, which would jeopardise the goal of a circular economy for packaging. For this reason, the three associations are calling on the European legislator to guarantee the legal certainty of the PPWR.
SourceIK Industrievereinigung Kunststoffverpackungen
