INCPEN Newsletter
A message from Paul Vanston, INCPEN CEO
Dear Colleagues,
Extended Producer Responsibility (EPR), Deposit Return Systems (DRS),
consistency of recycling collections and the Plastics Packaging Tax
continue to dominate the legislative agenda in the UK relating to
packaging.
By July 2020 we expect the four UK governments to align their views on
relevant consultations that could land on our desktops in the Autumn.
So, as of right now we are entering a critical stage where the ‘hard
yards’ of seeking consensus solutions between sectors begins in earnest.
That’s especially the case on EPR and consistency issues.
To ensure ‘producers’ (manufacturers, packer-fillers, retailers and
brands) present a united front to make the most of opportunities, and
avoid the worst threats, the Industry Council membership has been
working hard on a set of EPR Positions. More will be available to
members, Trade Association Group colleagues, and other partners in due
course. But for today’s Newsletter, I can outline that we have three
outcomes and 24 positions underneath those covering the following
headings: -
Outcome 1: UK-wide EPR system that stands the tests of time
- Financial obligations are sustainable.
- Clarity on the date to start the new EPR system – when in 2023?
- Far fewer free-riders.
- Single point(s) of compliance: reporting and financial.
- Consistency of WHAT recyclable packaging is collected.
- Inclusion of flexible plastics in UK-wide recycling collections.
- Ability and potential to deliver – council bandings.
- Full net costs – what is not included.
- Modulated Rewards Mechanism.
- Measuring ‘citizens’ responsibility’.
- Consistency of HOW recyclable packaging is collected.
- A DRS system is agreed in law UK-wide as a form of EPR.
- Climate change.
Outcome 2: Everyone’s behaviours change for the better
- National recycling targets supported by organisational targets (e.g. councils).
- Scientific assessments & measures are fundamental.
- Modulated Fees Mechanism (for producers) and Modulated Rewards Mechanism (for councils).
- Modulated fees for producers based on officially approved Design for Recyclability Guidelines.
- Consistent and unambiguous packaging labelling.
Outcome 3: Strategic co-ordination of outcomes
- Coherent EPR and DRS governance.
- Delivering the benefits of healthy competition.
- Consultation options on governance.
- EPR governing body role in managing system dynamics on costs and effectiveness.
- Transparency of funding.
- Transparency of data.
As I say, more will be available in due course.
In the meantime, I can also outline the Industry Council (and partner
organisations) are involved in upcoming events as follows: -
- 28 Feb: 1st EPR Sounding Board (Targets and Definitions).
- 02
March: The Government’s Resources & Waste Strategy ‘One Year
On Event’ is hosted by the Environment Minister, Rebecca Pow MP.
- 03 March: The Government’s Packaging & Collections Working Group.
- 05
March: The All Party Parliamentary Sustainable Resources Group
(APSRG) meets to discuss plastics clauses in the Environment Bill.
- 06 March: 2nd EPR Sounding Board (Household and Business Payment Mechanisms).
- 11 March: Welsh Government: Beyond Recycling Workshop.
- 11 March: British Retail Consortium – Resources & Waste Strategy meeting.
- 13 March: 3rd EPR Sounding Board (Governance and Scheme Administration).
- 16 March: Clean Oceans Conference.
- 18 March: Packaging Federation Council Meeting.
- 19 March: UK Plastics Pact Films and Flexibles Group.
- 23 March: APSRG Ministerial Event on the Resources & Waste Strategy.
- 25 March: HM Treasury: Plastics Packaging Tax – What Next?
- 26 March: Defra Data Working Group.
Suffice to say, it continues to be a little bit busy for everyone. My
grateful thanks to a fantastic collective of members and colleagues.
Paul
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Austria: Study finds DRS to be the most cost-effective option to collect 90% of plastic beverage bottles - 18 Feb 2020
Following the release of the study, the MoE is convening a round table to develop measures to meet EU plastic packaging targets.
The study 'Options to implement EU requirements regarding beverage containers, deposit systems and reusables containers'
takes into account the targets related to plastics packaging stipulated
by the SUP Directive - 90% of plastic beverage bottles to be collected,
PET beverage bottles to contain 30% recycled plastics - and the CEP
package - 55% of plastic packaging and 60% of MSW to be recycled.
The study’s authors developed and assessed with stakeholders four options to meet the targets, whereby the 90% beverage bottle collection target is the key parameter:
- The first two options increase the current separate collection of plastic bottles
from the current 70% collection rate to 75% (Option 1), respectively
82% (Option 2). To arrive at the required 90% collection rate, 7,350
tonnes of plastic bottles (3,920 tonnes in Option 2) would have to be
sorted out from mixed municipal solid waste. To extract these volumes,
78% of all residual municipal waste in Austria (60% in Option 2) would
have to undergo sorting operations. This is estimated to cost EUR 37
million (EUR 27 million in Option 2).
- Option 3 assumes the introduction of a mandatory DRS on beverage containers of 1 litre or less.
As the most common plastic beverage bottle size in Austria is 1.5
litres, this option would still require the extraction of 2,750 tonnes
of plastic bottles from residual MSW, costing EUR 22 million.
- Option 4 applies a mandatory DRS to all beverage containers.
The option is expected to result in a 95% plastic bottle collection
rate without requiring bottles from residual MSW. It would also be the
most effective option against littering and ensure the highest quality
of the collected materials.
The overall net costs of Option 4 are estimated at EUR 117 million per
annum (EUR 13.2 per capita), compared to around EUR 145 million for
Options 1 to 3. The current costs of managing plastic packaging waste
are EUR 105 million (EUR 12 per capita).
The study also emphasises the important role of reusable packaging in
terms of reducing the consumption of primary resources: The
authors point out that a reusable bottle that manages at least 3 trips
is superior to single-use packaging that uses 50% recycled content. They
propose various incentive systems to promote re-usables, including
clearer labelling, improving the convenience of return, making primary
raw materials and energy more expensive and standardizing containers.
Following the presentation of the study, the Austrian MoE announced
that it is convening a 'round table on plastic packaging waste' with
industry representatives and other stakeholders to explore options for
meet EU requirements for plastics packaging. The MoE says that the
'expansion of reusables will play a role as the most ecologically
advantageous option for beverage packaging.'
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Germany: draft transposing of WFD and SUPD submitted for Member States' comments - 12 Feb 2020
The draft amending the Circular Economy Act adds a general duty of care
to EPR obligations, improves legal certainty for voluntary take-back
activities and reduces Germany’s national MSW recycling target. The
draft was submitted to TRIS on 31-Jan-20. Member states should comment
before 1-May-20.
The draft proposes to transpose the CEP amended EU Waste Framework Directive and to provide the legal basis for transposing the SUP Directive
(2019/904/EU) - notably the prohibitions and EPR measures – by
empowering the Ministry of Environment to issue subsidiary ordinances.
Here a summary of the major changes proposed by the Jan-20 draft. Changes to the initial draft of Aug-19 are shown in italics.
Producer Responsibility (§23 to 25) - extended provisions, duty of care added
The draft:-
- extends
the Environment Ministry's powers to issue ordinances transposing
measures of the CEP package and SUP Directive, i.e. minimum recycled
content requirements, obligation to cover litter clean-up costs and bans
on certain single-use-plastic SUP products.
Compared to the Aug-19 draft, the Jan-20 draft adds that products
may be banned if they do not facilitate multiple uses or recycling
(§24.3) but removes a provision that would have allowed products to be
banned if the critical raw materials they contain are not recoverable.
- adds
‘duty of care’ as a basic concept underlying EPR: Those selling
products must ensure that the usability of the products is preserved and
that they do not become waste. The ‘duty-of -care’ obligation should
serve as the basis for measures preventing the destruction of unsold
stock.
Compared to the Aug-19 draft, the Jan-20 draft adds that the
Government may require companies to report on the measures they plan or
have taken to implement the duty-of-care obligation, in particular the
whereabouts and disposal of products (§25 (1) 9).
Voluntary take-back activities (§26, 26a) - improved legal certainty
The draft maintains the current legal requirements which make voluntary
(individual) take-back initiatives by manufacturers and distributors
subject to the ‘determination’ by the competent Laender authorities. In
this context, ‘determination’ (‘Feststellung’) designates an official
announcement by the competent authority which implies that the take back
activity complies with certain requirements. With the aim to improve
legal certainty, the draft proposes to add significant details to these
requirements. For example, the draft proposes to:-
- allow voluntary take-back activities only if they promote the circular economy.
This would be considered to be the case ‘if the planned take-back and
recycling is of at least the same quality as the recycling offered by
the public waste authorities … or charitable or commercial collection (§
26(3)4). The Aug-19 draft required that voluntary take-back exceed the
quality of public or charitable collection.
- enable
voluntary take-back activities of non-hazardous waste products that are
not manufactured or distributed by the entity undertaking the program*.
However, this should remain an exception and the volume of waste
products managed should be proportionate to the volume of products made
or distributed by the entities which undertake the program.
- exempt the voluntary take back of hazardous waste from licencing requirements on request (§26a).
MSW recycling targets - national target reduced
The draft transposes the Waste Framework Directive’s targets as regards MSW recycling (WFD Art. 11). This means that Germany’s current 65% recycling target for MSW in 2020 is replaced by the WFD’s 50% target. The Government justifies the reduction with the tightened EU requirements for measuring the mass of recycled waste: The WFD’s Art 11a 2 and the related Implementing Decision (EU) 2019/1004
require that ‘recycled waste’ be calculated as the mass of waste
entering a recycling operation (‘recycling input’) or - by way of a
derogation - the mass output of a preceding sorting operation, provided
that any later mass losses are deducted (‘sorting output’). The
current German requirements are not as detailed and apparently the mass
entering sorting operations is sometimes counted as recycled.
Other provisions
The draft also proposes to add significant details to the requirements
concerning Waste Prevention Programs (§33) and expands the environmental
requirements for public procurement (§45).
*A basic requirement for such programs is that the waste taken back
originates from the manufacturer’s or distributor’s own products
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EU Institutions: Commission work program 2020 and leaked 'new Circular Economy Action Plan' - 5 Feb 2020
The leaked Plan reveals further measures on plastics and electronics.
The new European Commission 2020 annual Work Programme, released on 29-Jan-20, announces key initiatives scheduled be launched Q1-20 under the European Green Deal - one of the six focus areas of the new Commission:
- The European Climate Law aimed at making the European goal of reaching climate neutrality by 2050 legally binding for all Member States;
- The European Green Deal Investment Plan whose objective is to mobilise EUR 1 trillion in sustainable investments over the next decade;
- A new Circular Economy Action Plan to
further sustainable production and consumption, notably with regards to
plastics, textiles, constructions and buildings as well as mobility.
The draft of the new Circular Economy Action Plan
was already leaked: The plan says that economic growth should be
decoupled from resource use and that ‘circularity is a major driver for
climate-neutrality’ as 66% of direct C02 emissions are connected to
materials management. The Commission wants to half ‘the amount of
residual municipal waste … in the coming decade’.
As regards plastics (chapter 4.2), the leaked draft notably says that:-
- sustainability claims of bio-based and bio-degradable plastics need to be verified. The Commission will propose a framework to ensure that bio based plastics deliver genuine environmental benefits.
- the
‘essential requirements’ of the Packaging Directive will be reinforced
to ensure that all plastic packaging is reusable-or recyclable in an economically viable manner by 2030.
- chemical recycling shows promise for the future where it can complement high quality mechanical recycling;
- the
Commission will consider legal requirements for secondary raw materials
to boost demand for recycled plastics following an assessment of
regulatory or economic incentives by the Circular Plastics Alliance that
is due in Jun-21. The EU’s Plastics Strategy aims for 10 million tons
of recycled plastics to be used in products by 2025 (news item).
- public
authorities will be required to make drinkable tap water accessible in
public places to reduce dependence on bottled water.
As regards consumer electronics (chapter 4.5), the Commission says
it will explore Ecodesign requirements, including on material
efficiency, for ICT products that the Ecodesign directive does not
already cover, including mobile phones, and will propose to implement a
common charger solution. ‘With an average lifespan of 3 years,
annual sales of 210 million units and a total EU stock of 630 million
units, the environmental and climate impact of extending the lifetimes
of smartphones and improving their recycling is immense’. The
Commission will also step up efforts to further improve and harmonize
e-waste treatment across the EU.
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Netherlands: visible fee and deposit on fridges in 2020, 45% share of bio and recycled plastics by 2025 - 30 Jan 2020
A landmark ruling by the supreme court holding the government
responsible for climate change goals leaves the Government with little
room for alternatives besides implementing proposals by foundation
Urgenda.
Supreme court confirms 'Urgenda ruling'
In 2015, Urgenda - an independent foundation established in 2007 to
promote sustainability and innovation - won a law suit against the Dutch
government which forces the government to reduce greenhouse gas
emissions by 25% in 2020 compared to 1990. A 20% reduction arises as an
obligation from the Dutch ratification of the UN Conventions on Climate
Change, the additional 5% reduction is demanded by Urgenda due to
the serious risks of climate change.
The Government said that the climate targets would be difficult to reach
and appealed the ruling, arguing that it restricts the freedom to
exercise its tasks. On 20-Dec-19, however, the Supreme Court confirmed the Urgenda ruling. This is likely to have major short-term consequences for Dutch climate and energy policy:
By end 2018, Dutch CO2 emissions had been reduced by only 15%, meaning
that up to 9 megatonnes of CO2 emissions must be reduced this year.
To assist the Government with this task, Urgenda presented a '40-point plan for a 25% CO2 reduction by end 2020' in Jun-19.
Further measures were added later. Two relating to EPR:-
Urgenda and white goods producers call for a visible fee + deposit on fridges and freezers
In early Dec-19 measure 43 was added to the Urgenda '40-point plan’. The
measure is endorsed by white goods manufacturers responsible for 70% of
POM of fridges and freezer, and requests the Government to:-
- make available EUR 35 million in 2020 for a one-off campaign to induce consumers to return 1 million energy-inefficient fridges. A ‘return premium’ of EUR 35 would be paid for each fridge at least 10 years old. The measure is expected to avoid 0.5 Mton of CO2 emissions.
- enter into a binding agreement with the white goods sector that will require that a very high visible fee is
charged to buyers of new fridges and freezers from Jul-20: 50% of
the fee income is to be used to pay consumers that return expired
equipment, the other 50% should finance collection and treatment as well
as circular economy projects for WEEE. The measure is expected to avoid
0.28 Mton of CO2 emissions per annum and it is suggested that it be
applied to other EEE categories later.
On 20-Dec-19, the day of the supreme court ruling, compliance
organisation WEEE NL announced that it will be submitting - on behalf of
white goods manufacturers - a proposal to the government for a binding
declaration* along the lines of the Urgenda measure. WEEE NL
argues that the measure is necessary to achieve the 65% WEEE collection
target. Currently an estimated 1/3 of expired white goods are still
treated outside of the official WEEE treatment channels.
* A voluntary agreement between manufacturers and the government that a
Government decree makes binding for all manufacturers of a sector.
Urgenda calls for target for bio-and recycled plastics to be brought forward to 2025
Measure 47 of Urgenda '40-point plan' calls on the Government to accelerate its plan - included in the Government’s 2018 Transition Agenda Plastics
- for the use of bioplastic and recycled plastics. The plan foresees
the gradual introduction of mandatory shares for biobased and recycled
plastics to increase their use from currently 15% to 45% by 2030.
Urgenda wants the 45% to be reached earlier, by 2025, and an
intermediate target of 30% to apply from 2022. The measure is expected
to avoid 0.2 Mton of CO2 emissions per annum.
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- DS Smith completes sale of plastics division; DS
Smith has confirmed that completion of the sale of DS Smith’s plastics
division to Olympus Partners and its affiliate Liqui-Box Holdings has
now taken place.
- Viridor launches plastics collaboration project; Viridor
has today (27 February) announced a collaboration aimed at allowing
Wales and the south west of England to give all plastic consumed in the
area a “recycling solution”.
- What the world needs now is…a net zero club; Green
Alliance blog by Shaun Spiers, exec director at Green Alliance and
Thomas Hale, associate professor at University of Oxford.
- Hoffmann reveals new line of tinplate cans made from 100% recycled steel; Made
possible by collecting separated consumer packaging steel from standard
household recycling, the company says that its RecyCan portfolio
essentially closes the loop through packaging that is not only
completely recycled but also perpetually recyclable.
- Environment Bill passes second reading despite MPs' concerns; The
government’s Environment Bill passed its second reading in the House of
Commons yesterday (26 February), despite MPs raising concerns over the
independence of the Office for Environmental Protection (OEP), the
practicalities of England’s deposit return scheme (DRS) and the omission
of sachets from single-use plastic legislation.
- Ikea considers mushroom-based packaging to replace polystyrene; The new biodegradable fungus-based packaging will be more easy to recycle and help reduce wastage.
- Lidl launches supermarket-first packaging using ocean bound plastic; Lidl
will next month become the first UK supermarket to launch new packaging
using “ocean bound plastic”*, plastic that would have otherwise ended
up in the ocean, collected from beaches and coastline around South East
Asia.
- Environment Exchange records 44% rise in 2019 contracts traded; A record 1,759,185 PRNs were traded on The Environment Exchange’s trading platform in the 2019 compliance year.
- Just Eat and Notpla develop takeaway sector’s first seaweed-lined box; Just
Eat has teamed up with Notpla to launch the world’s first seaweed-lined
box for the takeaway sector. The box is fully recyclable and can
decompose in four weeks in a home compost.
- Friends of the Earth applaud Arsenal FC reusable cup scheme; The
environmental campaign group is calling for stadiums and other venues
across the UK to introduce reusable cup initiatives after Arsenal
revealed that its scheme – introduced at the start of the season – has
already prevented an incredible half a million single-use plastic cups
being thrown away.
- DS
Smith has received an A- score for climate change, sustainable forestry
and water security from the Carbon Disclosure Project (CDP); Each
year, the CDP takes the information supplied in its annual reporting
process and scores companies and cities based on their journey through
disclosure and towards environmental leadership and grades businesses
from ‘A’ to ‘F’.
- Green, brown and leakproof from FPA Manufacturer of the Year Amipak; “The
Amipak brown leakproof range delivers excellent performance,” said
Amipak director of communications and sustainability, Daniel Schwitzer.
“It features a water-based grease and moisture resistant coating and a
unique webbed-corner construction to deliver its leakproof credentials. I
recently served a piping hot, greasy oily curry straight from the
microwave and after 30 minutes there wasn’t even a trace of any grease
marks coming through.”
- UK homes losing heat up to three times faster than European neighbours; A
new study by tado° has found that UK homes lose heat significantly
faster than European neighbours, even when factoring in outside
temperature.
- Lucozade Ribena Suntory launches energy and water-efficient line; Investment into Lucozade Ribena Suntory factory delivers 40% reduction on water and energy needed to make each bottle.
- Reuse rates jump in 2019, says Reuse Network; Reuse
charities and social enterprises prevented 125,000 tonnes of household
furniture and electrical items from going to landfill in 2019, up 4% on
the previous year.
- Can we fix our way out of the growing e-waste problem?; Francesco Calo has been learning how to fix his broken TV at a repair event in Tooting, south London.
- Eustice welcomed by waste industry; Figures
from across the waste and recycling industry have all welcomed the
appointment of George Eustice as Environment Secretary, expressing
optimism that his time spent as a Defra minister will serve him well.
- Aldi shakes-up bag strategy to reduce plastic; The
supermarket is putting the price of its “flexi-loop bags for life” up
from 9p to 15p. The move comes into effect from 24 February.
- Defra calls out public’s food waste ‘denial’; Concerns
have been expressed by a Defra representative about a supposedly high
level of ‘denial’ amongst the public regarding the issue of food waste.
- Large-scale fly-tipping in England “more than doubled” in six years; Quantities
of large-scale fly-tipping in England, which is defined as tipper lorry
load or more in size, has more than doubled in the past six years,
according to a BBC News investigation.
- Iceland MD criticises retailers’ refill trials for accelerating food waste; Iceland
managing director Richard Walker has called out retailers’ loose
produce and refill station trials for increasing food waste.
- Scheme launched to collect compostable packs in London; First Mile is launching a recycling collection service for compostable packaging.
- WRAP sets out guidelines for compostable packaging; According to the organisation, the new advice will help businesses make informed choices over compostable packaging.
- Virginia Janssens appointed MD of PlasticsEurope; Janssens,
who will take up her role on 16 March. has been the managing director
of the European Organization for Packaging and the Environment (EUROPEN)
since 2012.
- Iceland to reduce plastic packaging on fresh produce by 93%; UK
retailer Iceland is trialling plastic-free and low-plastic packaging
solutions across several of its fruit and vegetable lines, reducing the
amount of plastic packaging used on its fresh produce lines by
93%.
- Veolia aims to educate supply chain with academy; Waste
management specialist Veolia is launching a Sustainable Packaging
Academy to help manufacturers in the supply chain.
- Asda removes 16 tonnes of plastic packaging from new Easter egg range; Asda
has announced that its new range of Easter eggs will be packaged in 98
per cent less plastic, saving a total of 16 tonnes year-on-year. The new
range is also made with 100 per cent sustainable UTZ certified
chocolate.
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