DIGITALEUROPE position paper on the proposed Packaging and Packaging Waste Regulation

Executive summary

DIGITALEUROPE welcomes the revision of the EU Packaging and Packaging Waste Directive 94/62/EC and notes with appreciation, the ambition and significant innovative thinking in the proposed revision which sets the direction to minimise the adverse impacts of packaging and packaging waste on the environment and human health.

The revision of the EU Packaging and Packaging Waste Directive 94/62/EC has an important opportunity to address unintentional preconditions for market fragmentation when implemented.

Duplication, derogations and Member State interpretation of horizontal rules have led to obstacles for companies to easily comply. This puts unnecessary hurdles for the EU to achieve its green deal and circular economy goals. For example, 15 February 2023 the European Commission issued an infringement notice (INFR(2022) 4028) to France in its failure to address its labelling (Triman) requirements concerning waste sorting instructions. It saw national laws adopted in this field creating unnecessary burdens on internal market trade. The Notice states: ‘In this context, the imposition of national–specific labelling requirements risks undermining the principle of free movement of goods and can lead to counterproductive environmental effects. Such measures can also lead to increased material needs for additional labelling and additional waste produced due to larger than necessary sizes of the packaging.’ DIGITALEUROPE encourages the revision to adopt the spirit of improving the internal market and reduce the scope for interpretation.

DIGITALEUROPE welcomes provisions clarifying packaging labelling.

DIGITALEUROPE offers concrete recommendations to ensure that the Packaging Regulation allows packaging to perform its core functionalities (protecting, containing and delivering products safely) while offering the best overall environmental performance and adequately informing consumers.

Specifically:

• A less arbitrary definition of packaging which would mitigate the risk of considering products used by consumers to carry or store their products as packaging.
• Measures backed by scientific evidence and impact/lifecycle assessments, both in the Regulation and in secondary legislation
• Clear implementation dates and sufficient time to adapt
• A definition of ‘plastic packaging’ to clarify the scope of the proposed recycled content targets
• Jointly–developed metrics and calculation methodologies to minimise packaging

Overall, improving packaging environmental performance cannot be detrimental to consumer safety, packaging innovation nor availability and use of high–quality, circular materials.