INCPEN Newsletter
 

A message from Paul Vanston, INCPEN CEO

1. Defra Packaging Working Group: This new Group sits under the umbrella of the Resources & Waste Strategy Stakeholder Group. The Packaging Working Group has a remit to look at joined-up solutions for EPR; Deposit Return Systems; and consistency of collections, packaging formats and recycling sorting facilities. Whilst Defra’s remit is England only, the outputs from this Group may lead to UK-wide solutions if they are acceptable to the DAs. This Group met for the first time on 28 January 2020. Its work is designed to fit with existing activities through the Government’s Advisory Committee on Packaging, the very extensive engagement across sectors, and with work being done by the DAs. INCPEN is a member alongside several Trade Associations Group colleagues. James Bull, Tesco also attended in his role supporting the Food & Drink Sector Council.
    
2. Defra-led EPR Sounding Boards: A series of four Sounding Boards in London are planned for February and March, and with the support of the DAs. INCPEN is helping to organise the Sounding Boards and contribute resources to help get things done. These intend to go in-depth into EPR Payment Mechanisms, Governance, and Producers’ Fees. Defra is engaging with people knowledgeable across several sectors at the same time with the aim of creating cross-sector buy-in to potential solutions that could appear in the forthcoming consultation. The ‘producer’ side of things (e.g. manufacturers, retailers and brands) accounts for about half the overall attendees, which is a good balance.
    
3. England, Northern Ireland, Scotland and Wales conferences: A series of national events in London, north England, Edinburgh, Cardiff and Belfast are being planned for May and June. These are being organised by INCPEN and the CIWM with inputs from Defra and the DAs. These will outline developments from the Sounding Boards (and other engagement mechanisms) with a view to raising awareness and traction behind any industry-wide agreements on the key aspects of the new EPR system. The aim: to inform the packaging value chain on direction with a view to them supporting solutions in their responses to the government consultation that follows.
    
4. Consultation content: There’s a very good possibility that the content of the forthcoming consultations on EPR and DRS can be influenced to take producers’ wishes into account, especially if they are included in industry-wide agreements. Of course, if none of the sectors are willing to come together to negotiate an agreed way forward, then there’s also a high possibility Defra will impose a new EPR system on us whether there are aspects we like or not.  
    
5. Consultation publication timing: The consultation documents might be drafted internally by end of July; sent out to government departments for views over the summer, with the potential for publication around September/October.
    
6. Consultation live dates: Ministers will need to decide the length of the consultations: usually something from six weeks to three months. A longer period will certainly take us to the end of 2020. A shorter period means there’s more need for respondents to have our ‘ducks lined up’ in readiness for when the consultation goes live. INCPEN will be ready for this scenario.

INCPEN Member News

Legislation Updates

INCPEN Members (not including Trade Association Group colleagues) can see all legislation updates in full by clicking here.  If you experience issues logging in, please contact Alison Skuse.

Spain: new government commits to prepare Circular Economy Strategy and new Waste Law - 27 January 2020

• A Law on Sustainable Mobility and Public Transport;
• A Law on Cooperation for Sustainable Development and in the reform of the Spanish cooperation (policy) system;
• A Law on Industry [Development] Law and an Industrial Strategy;
• A National Health and Environment Plan;
• A Strategy to Combat Desertification and the National Forest Strategy;
• A Strategy against the Demographic Challenge 
• A Strategy of Sustainable Tourism;
• A Strategy for the Protection of the Spanish Coast.
• A Strategy to monitor and evaluate the implementation if the measures.

France: DRS to be introduced only if collection and new reduction targets unlikely to be met - 9 January 2020

• sets a collection target of 77% of plastic beverage bottles in 2025 and 90% in 2029 (as required by the EU’s SUP Directive);
• sets a target to reduce the number of single-use plastic bottles by 50% in 2030;
• holds environment agency ADEME responsible for monitoring the performance towards these targets: Before 30-Sep-20, ADEME must assess the performance in 2019 and by Jun-21 and each year thereafter, it must publish collection/reduction rates of the previous year and assess whether the measures taken are sufficient to achieve the targets. The assessment should be ‘based on a method agreed with all the stakeholders, and in particular local authorities’.
• requires that the Government to define - in 2023 - implementation details of one or more DRS for recycling and reuse
  • if ADEME’s reports suggest that the targets will not be achieved and
  • after evaluation of the economic and environmental impacts and consultation with stakeholders, in particular local authorities.

Italy: Tax on single use plastic products and packaging to be enforced during first half of 2020 - 7 January 2020

France: Parliament votes to end single-use packaging by 2040 as ban on first SUPs enters into force - 7 January 2020

• restricts the scope of the ban to products that do not fall under the definition of packaging i.e. plastic cups, plates and cutlery that are sold empty;
• extends the scope from 3-Jul-21 to SUPs that are defined as packaging i.e. plastic cups filled in at the point of sale and ready to eat food containers;
• provides for a 6 month grace period during which stock of SUP products manufactured or imported prior to 1-Jan-20 may be used up.

• give France the objective to end single-use plastic packaging by 2040 (Art. 1 AD).
• add a definition of SUP to the Act that removes the inclusion of compostable SUPs from the ban proposed earlier (currently they will be banned from Jul-21, see above): ‘Single-use plastic product means any product manufactured entirely or partially from plastic and which is not designed, created or placed on the market to achieve, during its lifetime , several trips or rotations by being returned to a producer to be refilled or reused for a use identical to that for which it was designed’ (Art. 10.1);
• expand the list of banned SUPs significantly. Key items are:-
  • From 1-Jan-21:
    • Straw except those for medical purposes, plastic confetti, steak pikes, disposable cup lids, plates with plastic film, cutlery, stirrers, EPS containers intended for on-site or on-the go consumption, EPS bottles for drinks, balloons sticks and their mechanisms;
    • Packaging or bags made, in whole or in part, from oxodegradable plastics;
    • Oxo-degradable plastic based manufactured products.
    • Free distribution of plastic bottles containing drinks in public buildings and in business premises;
    • Fresh, unprocessed fruits and vegetables must displayed at retail without packaging made wholly or partly of plastic. Exempt are fruit and vegetables packaged in batches of 1.5 kg or more, as well as to fruit and vegetables subject to risk of deterioration as defined by decree.
  • From 1-Jan-22:  
    • The State no longer buys single use plastics for use in the workplace and events;
    • Tea bags and tea in non-biodegradable plastics as defined by decree;
    • Plastic packaging of press publications and advertising;
    • Non home-compostable labels affixed directly on fruits or vegetables;
    • Free plastic toys provided with menus for children;

News from Industry

• New OPRL rules will drive change ahead of EPR reforms; New rules governing OPRL’s market-leading recycling labels will give greater transparency on the final fate of packaging, highlighting what gets sorted and reprocessed and which pack designs are likely to be landfilled or incinerated.  The move is expected to drive more rapid switching into sustainable packaging ahead of Extended Producer Responsibility reforms as new labels are applied over the next 3 years.
• Organisations demand “action” from PM on Sustainable Development Goals; A group of organisations spearheaded by UK Stakeholders for Sustainable Development (UKSSD), delivered a resolute brief to Prime Minister Boris Johnson this week.
• Biffa opens PET plant as export markets tighten; Biffa is today (29 January) officially opening a £27.5m recycling plant in Seaham, County Durham, for PET plastics. At the same time, the company disclosed that it will be also be investing £7 million in a plant to process 20,000 tonnes per annum of pots, tubs and trays (which are usually made from polypropylene (PP) and PET.
• Heathrow.com launches new carbon offsetting service for passengers; The initiative is the aviation firm’s latest attempt to green its operations, while controversy over plans to construct a third runway rumbles on.
• Food and Drink Federation data reveals emissions and water-saving progress, but food waste challenges remain; The UK food and drink industry has made substantial progress in cutting its CO2 emissions, slashing water consumption, and reducing food waste in line with targets set out in the Food and Drink Federation's (FDF) Ambition 2025 strategy, the body's latest progress report revealed yesterday.
• MPs call on government to create circular economy through compostables; Cross-party MPs and Peers have called on the Government to include ambitious targets for compostables in the forthcoming Environment Bill.
• Polystar Plastics reuse plastic waste to create next generation polythene; Southampton based Polystar Plastics has launched a new and exclusive Post-Consumer Waste (PCW) material, PCWflex. The launch follows the government’s announcement that it intends to introduce a new, higher tax on plastic packaging that contains less than 30% recycled content.
• ‘Enormous’ cost of PRNs undermining industry, says Alupro; Aluminium has exceeded the 2019 packaging recycling target of 112,200 tonnes but experts have warned that an increase in the price of packaging recovery notes (PRNs) is undermining the packaging industry.
• Ukraine’s own Green Deal aims to slash energy imports; Ukraine’s long-term climate plan could significantly cut reliance on energy imports, its energy ministry suggested last week. But a 2050 phase-out date for coal power has provoked disappointment.
• Practical issues of new food packaging guidelines; The Food Standards Agency’s (FSA’s) new guidance on allergen labelling changes for prepacked for direct sale food does not resolve some of the practical issues of complying with the new legislation, an expert in allergen law has claimed.
• 60% of consumers ‘need help’ to reduce the amount of plastic they use; Almost all consumers surveyed claimed to make an effort to recycle, although many respondents admitted they need help to reduce the amount of plastic that they use. 
• Legislation to shake-up foodservice, delegates warned; Operators in the foodservice packaging sector will need to adapt to sweeping changes in legislation, according to speakers at this year’s FPA Environment Seminar.
• Food waste falls by 7% per person in three years; The UK is making significant steps in reducing its food waste, with total food waste levels falling by 480,000 tonnes between 2015 and 2018 – a 7% reduction per person and equivalent of filling London’s Royal Albert Hall ten times.
• Loopholes in the SUP Directive The current material substitution strategy could defeat the very purpose of the directive; In July 2019 the SUP Directive, which aims to reduce the impacts of single-use plastics on the environment and to foster a transition away from single-use plastics, entered into force and now the focus is on the implementing Acts and Guidelines. The proper interpretation of the Directive is crucial, starting by getting the scope right to avoid any loopholes.
• Why is the government so keen to diverge from the EU? In the Financial Times (18th January) the chancellor, Sajid Javid, made it clear that the UK is going to diverge from EU rules: “There will not be alignment, we will not be a ruletaker, we will not be in the single market and we will not be in the customs union — and we will do this by the end of the year.”
• Aluminium packaging recycling exceeds 2019 target; Provisional data released by the Environment Agency earlier this month shows that aluminium packaging exceeded its 2019 recycling target by more than 2,500 tonnes.
• Hubbub investment to recycle 4 million coffee cups a year in London; The funding has been provided through a #CupFund grant programme financed by the voluntary 5p charge Starbucks has added to their single use coffee cups.
• Malaysia returns 42 containers of 'illegal' plastic waste to UK; Malaysia is returning 42 shipping containers of illegally imported plastic waste to the UK, its environment minister has announced. Yeo Bee Yin said Malaysia would take "steps to ensure" the country "does not become the garbage dump of the world".
• UK firms could find new opportunities in Egyptian packaging sector post Brexit; UK companies could take advantage of opportunities in the Egyptian packaging sector, according to a delegation at the UK Africa Investment Summit 2020. 
• Businesses compete for £37m plastic innovation fund; The government has unveiled three competitions designed to make the UK a “leader in smart and sustainable plastic packaging”.
• SIG makes bold statement with target to cut 60% emissions; The aseptic packaging giant said it is committed to cutting its Scope 1 and 2 emissions by 60% by 2030 (from the 2016 baseline), which has been confirmed by SBTi as being in line with the latest climate science to limit global warming to 1.5°C above pre-industrial levels to prevent the worst effects of climate change.
• Asda trials refills at 'sustainability store'; Asda is launching a "sustainability store" where shoppers can fill their own containers with food. Customers at a Leeds branch will be able to use refill stations for own brand rice and pasta, as well as Kellogg's cereals and PG Tips.
• Colgate launches first recyclable toothpaste tube; Colgate has launched an ‘industry-first’ recyclable toothpaste tube, as part of the company’s aim for 100 per cent of its packaging to be recyclable by 2025. 
• Debunking the myths about farming and methane; The National Farmers Union (NFU) have set the ambitious goal of reaching net zero carbon emissions by 2040, a full ten years before the government’s countrywide target of 2050. This is a laudable target which presents some interesting challenges specific to the agricultural sector.
  While many sectors emit CO2 and must look for ways to minimise this, the majority of agriculture’s emissions come from methane and nitrous oxide. Balancing this, they have a large capacity to sequester CO2 in soils and biomass. This could be a very big opportunity for farmers as, until carbon capture is demonstrated at scale, they are currently sitting on the only commercially proven method of removing carbon from the atmosphere.