The European Packaging Ordinance has big things in store for the industry. Many companies have already dealt with it, but many questions are still unanswered. Competent answers were provided at the packaging journal Masterclass, which we recently organised together with our partner interzero Recycling Alliance in Berlin, Hamburg, Munich and Cologne.
The European Packaging & Packaging Waste Regulations (PPWR) are getting closer. The final hurdle will probably be cleared this month with the approval of the final version in the Council of the European Union. Then it will after a transitional period by 2026 at the latest serious for all those who manufacture and place packaging on the market.
Which new obligations, but also opportunities manufacturers, producers and online retailers under the PPWR, around 500 participants learnt at the packaging journal Masterclass. We invited guests to Berlin's Studio 14 - Die rbb Dachlounge, Hamburg's Le Méridien design hotel, the Marriott Hotel in Munich's Westend and Cologne's Filmpalast. The experts, including environmental and energy lawyer Dr Markus W. Pauly and Dr Jan-Henrik Kempkes from the interzero Recycling Alliance, explained what lies behind the 71 articles of the regulation. All four events were moderated by packaging journal editor-in-chief and presenter Jan Malte Andresen.
With the PPWR, the EU is redefining the rules for recycling and packaging, because the regulation will bring significant changes for companies. The fact that the current legal text an increased need for explanation was demonstrated by the questions from the masterclass participants. For example, how manufacturers can work together with their suppliers and other partners along the value chain to efficiently fulfil the requirements of the PPWR. Or how manufacturers must ensure compliance with the PPWR along their supply chain, for example with suppliers and material suppliers. It was also unclear whether a producer is only a manufacturer of packaging or also the manufacturer of packaging material from which primary packaging is later produced. There was therefore already confusion at the Definition of who is a manufacturer and who is a producer and why a company can be both.
„At least two things are certain: the producer is definitely the one who has to submit the declaration of conformity, which is then valid throughout the EU. That is a milestone in the law. The manufacturer is the one who places packaging on the German market for the first time. He will therefore also be the one who has to represent producer responsibility to the outside world - in the form of system participation or participation in the producer register. However, we still need the relevant information from Brussels for the details, as the terms we have learnt in this context are outdated. For example, that the manufacturer is the one who fills the goods into the packaging or that the importer or distributor is always the one who has the economic responsibility when crossing the border. We can forget that. So we have to relearn a lot of terms and currently have no reason to sit back and assume that others will do it. Everyone in the supply chain is now in demand.“
Dr Markus W. Pauly, Law firm Pauly, specialised law firm for environmental and energy law
PPWR as a driver of innovation
The Masterclass participants were also interested in the impact of the PPWR on cross-border trade within the EU and how the regulation affects manufacturers„ innovation strategies in the area of sustainable packaging designs. Lawyer Pauly: "The PPWR initially poses major challenges for the economy. But It is also a driver of innovation. In Germany, we are already very far ahead in many areas, for example when it comes to the recyclability of packaging. If we succeed in setting standards here, the topic will even develop into a competitive advantage. Companies will have to invest first, but the benefits should not be underestimated, as no-one will be able to avoid this topic in the future.“
Dr Jan-Henrik Kempkes, Head Of Legal And Regulatory Affairs at interzero Recycling Alliance, adds: „Customers are well aware of the topic of PPWR, but still at a very meta level. That is why Events like the Masterclass are important to deepen your knowledge and then gradually move into the start-up phase. The basic interest is definitely there.“ At the moment, it is important for companies in the sector to first determine their own position. „For companies, this means slowly taking stock, defining their tasks and positioning themselves accordingly. That is the most urgent task, and of course to remain politically interested and participate where possible,“ says Kempkes.
However, the Masterclass participants were not only interested in the obligations that come with the PPWR, but also in the Opportunities offered by the law.
„We will have a major advantage by now taking important steps in the right direction on the way to the single market. If packaging in Germany is EU-compliant and PPWR-compliant, then this applies to the whole of Europe. The single market concept is clearly in focus and obstacles are being removed with the law. The law can also be a driver of innovation. We certainly have new obligations that must be fulfilled by certain deadlines. However, the aim of the policy is to ensure that the economy becomes active. And therefore the entire supply chain, not just in Germany but throughout Europe, has the opportunity to open up new areas of business.”
Dr Jan-Henrik Kempkes, Head Of Legal And Regulatory Affairs at the interzero Recycling Alliance
The PPWR has a aroused enormous interest among stakeholders. The European Commission is therefore organising on 16 December from 9 a.m. to 6 p.m. one Webinar about the new regulation. The interactive session will once again offer all interested parties the opportunity to obtain the latest information on the content, the implementation steps and answers to questions. The event will be broadcast on the Commission's website and can be followed via web streaming.
