EU Council agrees general approach on PPWR, drawing paper, beverage and bioplastics industry flak

19 Dec 2023 --- The European Council yesterday solidified its stance on the Packaging and Packaging Waste Regulation (PPWR), targeting the surge in packaging waste within the EU, reaching a consensus on a “general approach” that will serve as a mandate for the European Parliament (EP) on the final leg of legislation negotiations. 

The agreed approach aims to harmonize the internal packaging market, combat the escalating issue of packaging waste and foster a circular economy. 

Key provisions in the proposed regulation include mandatory recyclability for all packaging, minimization of substances of concern and improved consumer information through labeling requirements. The regulation sets binding reuse targets, restricts certain single-use packaging types and mandates operators to minimize packaging usage.

The Council’s text allows member states room for implementation. It encompasses all packaging materials and waste sources, emphasizing environmental sustainability requirements, recyclable packaging and packaging waste reduction targets.

Once finalized, the legislation will require formal adoption by both the Council and the EP. The proposed regulation will be enacted 18 months after its formal entry into force.

Recyclability, reuse, DRS and more
The text maintains the European Commission’s (EC) proposal for recyclable packaging, with an added condition that packaging must be designed for material recycling and capable of separate collection, sorting and recycling at scale by 2035. Headline targets for minimum recycled content in plastic packaging by 2030 and 2040 remain intact, subject to review by the EC.

The Council has set new reuse and refill targets for 2030 and 2040 while maintaining the EC’s criteria to define reusable packaging.The Council mandated the compostability of tea bags and sticky labels on fruits and vegetables but has provided member states an option to require other packaging, such as coffee pods and lightweight plastic carrier bags, to be compostable under specific conditions.

The Council has set new reuse and refill targets for 2030 and 2040 while maintaining the EC’s criteria to define reusable packaging, introducing a minimum number of rotations in its use. It also allowed economic operators to form pools to meet the beverage reuse targets.

Different targets apply to large household appliances, takeaway packages for F&B, alcoholic and non-alcoholic beverages (excluding wine), transport packaging (excluding packaging used for dangerous goods or large-scale equipment and flexible packaging in direct contact with food) and group packaging. Cardboard packaging is exempted from these requirements. 

The new rules mandate member states to achieve at least 90% separate collection of single-use plastic bottles and metal beverage containers by 2029 through deposit return systems (DRS). Exemptions exist for systems meeting the 90% target by 2029 or with a separate collection rate above 78% in 2026.

The regulations restrict specific packaging formats, including single-use plastic packaging. Member states can set exemptions, such as for organic fruit and vegetables.

Other amendments agreed by the Council include further clarifications on the labeling of packaging, ensuring that consumers are informed about the material composition of packaging and its proper disposal.

“Undo decades of progress”
The European Paper Packaging Alliance (EPPA) expresses deep concern over the Council’s version of PPWR, asserting that it threatens decades of progress toward a circular economy.According to EPPA, bans on fiber-based single-use packaging will damage well-functioning recycling systems.

EPPA president Antonio D’Amato emphasizes the potential harm: “Unfortunately, the version of the PPWR that member states have decided to endorse would undo decades of progress toward a circular economy and go against the constructive approach taken by the EP.”

“The imposition of mandatory reuse targets and bans on fiber-based single-use packaging will damage well-functioning recycling systems and some of Europe’s most strategically important sectors.”

“It would result in a flood of products made out of rigid plastic that is almost impossible to recycle across Europe, uses more water and energy, and emits more CO2,” D’Amato warns.

D’Amato advocates for equitable treatment and “a level playing field when regulating paper-based industries, which means granting the same exemptions to the foodservice sector as the transport and liquid packaging sectors.”

The EPPA president calls for careful consideration of scientific evidence during trilogue negotiations. “As they embark on trilogues negotiations, EPPA urges national governments and MEPs to endorse a robust, science-based compromise that recognizes recyclable, renewable paper-based packaging solutions as sustainable alternatives to plastic reusables. The EU’s strategic autonomy, Green Deal ambitions and food security are all at stake.”

Beverage industry “disappointment”
UNESDA Soft Drinks Europe, while appreciating the support for the mandatory rollout of DRS, expresses “deep regret” over lowering the collection threshold. The Council’s decision to set a collection rate at 78%, as opposed to the 90% envisioned by the EC and the proposed 85% by the EP, is seen as a setback in boosting the collection and recycling of beverage packaging. Lowering beverage bottle collection threshold is seen as a setback by UNESDA.

Nicholas Hodac, director general of UNESDA, remarks: “Lowering the collection threshold granting an exemption from the DRS obligation is a step back in the efforts to improve the collection of beverage packaging in the EU.”

On the topic of reuse, UNESDA welcomes the support for systems enabling refill but deplores the lack of recognition of the complementarity of reuse and recycling. Hodac highlights the “missed opportunity” by member states to acknowledge the complementarity of reuse and recycling by failing to support the creation of exemption mechanisms. 

“We are also disappointed by member states’ lack of support for a mechanism that would enable closed-loop recycling whenever it makes sense. A priority access right to food-grade recyclates would provide beverage manufacturers with reliable access to recycled materials, enabling them to achieve the EU’s mandatory recycled content targets and their voluntary commitments,” stresses Hodac.

Bioplastic “regret”
European Bioplastics (EUBP) “regrets the position adopted by the Environment Ministers in the Environment Council, deeming the failure to recognize the role of bioplastics a missed opportunity.”

Roberto Ferrigno, head of EU affairs at EUBP, laments the apparent division among member states on key issues, emphasizing the potential challenges for implementing the complex regulation. 

“It is a weak general approach, barely recognizing the value of a very short number of compostable applications and hindering bio-based innovative solutions,” Ferrigno remarks. “Disagreement among governments and derogations on several important measures will result in further internal market fragmentation.”

While advocating for the EP’s proposal for PPWR, EUBP calls on member states and the incoming Belgian Presidency to collaborate closely with the EP. 

By Radhika Sikaria