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Legislation Updates

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France - Summary of Nov-20 Decree on EPR Reform - 20 May 2021
 

• EPR coverage of all products - the AGEG Law added 12 product groups and extends packaging EPR to also cover commercial packaging;
• an EPR model based on a single, tightly regulated PRO for each product-specific ‘EPR channel’, which plays the central role in creating a circular economy by: -
  • coordinating, operating and/or financing waste management via municipalities and other collectors;
  • guiding waste prevention by product design and other measures, and creating financial incentives to support them;
  • subsidizing the repair and re-use sector, and specifically social enterprises in the sector.
• increasingly discouraging individual compliance, even for professional products.

• ADEME’s monitoring of the 20+ EPR channels (‘filières REP’) is to be financed by a new fee to be charged to PROs and individual compliers;
• No fee is due for producers who have joined a PRO but wish to report data directly to ADEME’s SYDEREP;
• The fee rates will be set by ADEME and are approved by the Minister. They may not be increased by over 20% per annum.
  (Art. R.131-26-1 to R.131-26-4)

• contain a) a description of planned measures, fees charged to producers, procurement procedures, provisions in case of a default, etc. b) an estimate of the ‘qualitative effects’ and the expected quantitative performance towards the objectives set in the ‘cahier des charges’, etc. c) a description of governance, including a list of shareholders, the composition of the board and their respective powers, a list of producers that plan to transfer their obligation at the date of the request;
•  be decided by the ministers for environment and the economy within 6 months of its submission. The Ministers may set a shorter approval period than requested (but not less than 1 year, and a maximum of 6 years). They must give reasons for a rejection
  (Art. R. 541-86 ff)

• The ‘stakeholder committee’ is to comprise four ‘colleges’, each with an equal number of members (at minimum two) that are representatives of
  • producers; half of these may not also be part of the governance structures of the PRO, i.e., directors;
  • the re-use and waste management sectors (‘operators in the prevention and management of waste from products’) of which at least 1 must be from social/solidarity enterprise;
  • local authorities or their groups;
  • environmental protection and consumer associations;

• The members of the stakeholder committee
  • are appointed by the PRO on proposal of the previous representatives for three years, renewable;
  • exercise their function free of charge [but the PRO covers the committee’s expenses only].
  • adopt the committee’s rules of procedure at their first meeting, including measures to prevent conflict of interests, quorum rules, etc.
• The PRO must seek the stakeholder committee’s opinion and publish it on its website on i.a. the following issues:
  • Information specifying the signage/sorting instructions (based on Art. L. 541-9-3 para. 2);
  • Decisions on recycling fees and the eco-modulation of fees (based on Art. L. 541-10-2 and -3);
  • Commitments made by the PRO to the Government after having missed waste prevention and recycling targets (based on Art. L. 541-9-6 II).

• establish a standard contract which sets a) the methods of collecting and treating waste and b) the amount and terms of payment of financial support it (R.541-104/5).
• sign this contract with any person on the national territory that requests it (R.541-106).

• must be approved by the ministers for the environment and the economy for six years (renewable);
• may in particular be responsible for allocating a geographical area for whose waste management each PRO is responsible.
  (R.541-104 ff)

• the mass of abandoned waste exceeds 100 tons or 50 tons after removal of other residues (defined here in application of Art. 266 II 1 octies b and 1 terdecies of the Customs Code);
• its members’ products in the above mass exceed 100 kg of hazardous or 1 ton of non-hazardous waste.

• set the criteria for eco-modulation within six months from its approval and - for each criterion – determine the best achievable performance taking into account best available techniques as well as the increase/difference in [presumably production] costs.
• develop a multi-year premium/penalty program on the basis of the above and other benchmarks, which is to be commented on by the stakeholder committee and to be approved by the MoE.

• establish a self-monitoring process similar to that applicable to PROs (Art. R.541-142);
• meet the same collecting and recycling targets as PROs for the same product category of products, unless specified otherwise;
• ensure take back at its place of production or detention (Art. R. 541-138);
• put in place a ‘waste return premium’ (deposit refund mechanism) with a deposit amount ‘sufficient to encourage the holder to return’ the used product or waste (R. 541-139). The refund mechanism is not required for an approved individual compiler that has demonstrated that the ‘is not necessary to improve the collection of waste’;
• put in place a financial guarantee of an amount to cover the costs of managing the waste from products remaining on the market at the time the individual systems ceases to be authorized or operate. This amount is updated at least once every two years.
  (Art. R. 541-133 to R. 541-145)

• The product categories for which ‘Repair Funds’ must be established are household EEE (except lamps and PV panels); furniture; textiles, footwear and household linen; toys, sports and leisure equipment, DIY and garden equipment. Products sold before the entry into force of EPR are also covered by the Repair Fund;
• A PRO or individual compliers must allocate no less than 20% of the estimated repair costs to the fund, excluding the costs repair under warranty (the funds may not be used to finance repairs under a legal or commercial warranty);
• A PRO must - within 6 months of its first approval - send a proposal for approval to ADEME that defines
  • the terms of use of the funds (it can be a fixed price based on product and type of repair);
  • the criteria for the labeling of repairers and
  • the minimum part of repair financing terms of use of the funds.
• Several PROs may pool their funds, in which case their financing obligations shall be proportional to POM products by their members in the previous year.
• Repairers benefitting from the Fund must be ‘labelled’.  Certification criteria include a repairer’s commitment to a) provide a guarantee of at least 3 months for the repair b) to inform the consumer of the Fund’s participation on a store display and on the repairer's website c) a professional qualification.
• Repair operation must follow the proximity principle, e.g., the distance between drop off and repair point is below a set limit; The Fund must pay within 30 days of having received a copy of ‘receipt of the duplicate of the repair invoice’;
  (Art. R. 541-146 to Art. R. 541-152).

• A ‘Reuse and Reutilization’ Fund must for products that tend to be re-used, especially those mentioned under the Repair Fund obligation but including professional EEE (L. 541-10-5, R. 541-153).
• PROs must endow the Reuse and Reutilization Fund with at least 5% of the recycling fees they collect (L. 541-10-5 para. 2)
• A PRO must - within 6 months of its first approval - send a proposal for approval to ADEME about the terms of fund use, etc.
• Funding is allocated in a transparent and non-discriminatory manner on the basis of procedures open to any eligible person who requests it, taking into account the proximity principle;
• At least 50% of the fund's resources are allocated to social enterprises.
  (Art. R. 541-153 ff)

• is considered to be any natural or legal person who supplies the end-user for commercial purposes with products subject to EPR;
• that temporarily offers such products for sale is only required to take such product back during the period of sale;

• at the delivery point or from a local collection point that the distributor finances and organizes if the used products are transportable without equipment;
• by providing a free return solution to a PRO contracted waste management company.
  (Art. R. 541-158 ff)

• provide ADEME with information about the 3rd party sellers, including a) name, tax number, identifiers, etc. b) the unique identifier c) POM by category d) terms & conditions of take-back;
• provide to any PRO that requests this information above aggregated for each producer to enable the PRO to verify the consistency of POM volumes;
• ensure that information about take-back options is provided to the buyer of a product subject to a retailer take-back obligation.  If the 3rd party seller does not offer take-back, the marketplace operator must assume this obligation.
  (Art. R. 541-167 ff)

UK - Second consultation on 'Consistency' of collection and recycling in England finally launched - 10 May 2021
 

• National standard for the separate collection of dry recyclables from households: The Environment Bill proposes to require all local authorities (LAs) to separately collect a ‘core set’ of four dry recyclable waste streams: 1) glass bottles and containers, 2) paper and cardboard, 3) metal packaging and 4) plastic containers (rigid packaging bottles, pots, tubes, trays). Currently 76% of municipalities separately collect these materials curbside. DEFRA proposes to expand this requirement to all municipalities by Oct-23 to align with proposed date for a reformed packaging EPR regime. The consultation seeks comments on a) the transitional arrangements and b) the implementation timeline.
• Expansion of the ‘core set’ of dry recyclables: DEFRA proposes to extend the scope of the dry recyclable waste stream to include aluminium foils, steel and metallic aerosol cans, aluminium tubes, food and beverage cartons and plastic films (i.e. flexible packaging), as consulted on in 2019. This expansion is proposed to be included from Oct-23 (as per the proposed date for the commencement of collection of the core set), excluding plastic films.  Plastic films are proposed to be phased in from 2026/7, or from 2028 at the latest. The inclusion of plastic film was a point of contention due to the difficult recycling of many plastic films (recycling rate currently 5%). However, a guaranteed feedstock of collected plastic film is required to stimulate investment in recycling infrastructure and retailer-led in store collection is planned to spearhead this.  
• Grouped collection of materials: To avoid unnecessary burden on LAs, DEFRA proposes that some recyclable wastes be collected together, i.e. plastic and metal, or glass and metal.
• The proposed single PRO is to define lists of collected materials: DEFRA proposes to provide the Single Management Organisation’ (SMO) (termed the EPR Scheme Administrator) powers to establish a process for updating the list of materials included in recyclable waste streams.
• Decisions regarding biodegradable and compostable packaging/materials are TBD: The mandatory collection of biodegradable and compostable packaging as a separate recyclable waste stream in the Environment Bill - which must either be collected separately or co-collected with another waste stream such as food waste - is not proposed to occur unless there is confidence and sufficient evidence the materials POM comply to uniform standards across all likely destinations and timeframes.
• Guidance to be provided for the collection and disposal of compostable/biodegradable materials: DEFRA proposes to provide statutory guidance and minimum service standards to LAs on the collection and disposal of compostable and biodegradable materials in curbside waste streams. Further consultations will be conducted before publication, subject to an assessment of affordability and value for money. DEFRA will also work with WRAP OID 744 to issue non-statutory guidance. The document proposes mandating residual waste collection at least once a fortnight.
• Possible detrimental effects of the Environment Bill on SMEs: Under the Environment Bill, businesses will be obliged to ensure the collection and recycling of the core set of recyclable materials from their premises. The consultation seeks feedback on potential barriers to small businesses in meeting these obligations, and any possible exemptions from these requirements. Proposed cost reduction measures for small businesses include waste zoning, collaborative procurement, general business support and commercial waste ‘bring sites’.

France - '3R Decree' sets 20% reduction target for SUPs by 2025 - 7 May 2021
 

• At least half of the 20% reduction must be obtained by switching to packaging that is reusable*** or that is reutilised (reused after becoming waste)****.
• The other half may be achieved by reducing the mass of plastic per packaging, or switching to re-chargeable packaging or packaging made of another material or distribution in bulk, etc.

• have operational recycling channels in place,
• do not interfere with sorting or recycling operations of packaging waste and
• do not contain inseparable materials or elements that are prone to limit the use of recycled material.

News from Industry

• Defra confirms Turkish import restrictions; Defra has confirmed the decision by the Turkish authorities last week to prohibit the import of Polyethylene plastic. And, in light of a looming ban on plastic exports to non OECD countries, the department has commissioned research to better understand existing plastic waste recycling capacity in both the UK and the OECD.
• Government urged to put global plastics treaty on G7 agenda; Some 30 global figures have today called on the UK Government to make tackling the plastics crisis a priority at the G7 Summit in June.
• Sector focuses on PP technology to boost plastic recycling; Data suggests that PP accounts for around 20% of the world’s plastic, mostly used in pots, tubs, trays and films for food packaging. It is also prevalent in non-food household and personal care products, which complicates recycling the 700,000 tonnes per annum used in the UK alone.
• Environment Bill continues through Parliament; The Environment Bill has returned to Parliament today (26 May) for Report Stage and Third Reading in the House of Commons. Through the Environment Bill, the government sets out to improve the country’s air quality, restore natural habitats and increase biodiversity. The Bill will also outline how the government will set out to reduce waste, make ‘better use of resources’, and improve management of water resources in a changing climate. Government says the Bill will also ‘crack down’ on water companies that discharge sewage into rivers and will include a world-leading legally-binding species target for 2030, aiming to halt the decline of nature and to protect beloved British animals, such as red squirrels and hedgehogs.
• FPA hopes campaign on consultations will boost responses; The industry body has campaigned to encourage members to engage with the government. A survey among FPA members have found that 88% intend to submit a response to both the Extended Producer Responsibility and waste management consultations while 50% would respond to the consultation on a Deposit Return Scheme.
• £166 million cash injection for green technology and 60,000 UK jobs; The government has today (24 May) announced a new £166.5m spending plan designed to accelerate the roll out of green technologies across the UK’s energy-intensive industries. This latest cash boost for carbon capture and hydrogen projects should help support up to 60,000 jobs, government says.
• Why is packaging the necessary tactic for food and beverage in an omnichannel era?; As a result of consumers dramatically shifting their attention to online and at-home eating and gifting experiences, a new approach to food and drink packaging has become necessary.
• Greenwashing tops investor concerns when it comes to responsible investing; Investments not being what they claim to be was identified by 44% of investors as being their biggest worry when it came to environmental, social and governance (ESG) investing. This was closely followed by investors having concerns around these investments having higher fees and costs (42%) and if they will perform better than more traditional portfolios (38%).
• UK under growing pressure to ban all exports of plastic waste; Campaigners are urging the UK government to ban the export of plastic waste to all countries, invest in a domestic recycling industry, and set a binding target for plastic reduction.
• Grass replaces plastic in take-away food packaging; Grass fibres can replace plastic as a 100% biodegradable and disposable material for packaging for take-away food. This is the goal of the new innovative project SinProPack, which aims to develop a sustainable alternative to the disposable plastics currently used for packaging.
• KFC reveals packaging design; The packs will be made from paperboard that has been certified by either the Sustainable Forestry Initiative or the Forest Stewardship Council (FSC), and four of KFC's new packaging items are approved for labelling by How2Recycle.
• Deposit Return Scheme should be consistent across UK – EAC; Publishing its contribution to the Government’s consultation on Deposit Return Schemes (DRS) for England, Wales and Northern Ireland, the Environmental Audit Committee (EAC) has called for Government to introduce a scheme which is ‘interoperable throughout the UK’.
• Increase in England’s plastic bag charge comes into force; The charge has seen a 95% cut in plastic bag sales in major supermarkets since 2015 and the move will help drive down sales further, Government says. Before the 5p bag charge was introduced, the average household used around 140 single-use plastic carrier bags a year, and this has now been reduced to four, according to figures from the Department for Environment, Food and Rural Affairs (Defra).
• Chemical giants hid dangers of ‘forever chemicals’ in food packaging; Chemical giants DuPont and Daikin knew the dangers of a PFAS compound widely used in food packaging since 2010, but hid them from the public and the Food and Drug Administration (FDA), company studies obtained by the Guardian reveal.
• Food giants respond to worries over packaging; When Rebecca Prince-Ruiz recalls how her eco-friendly movement Plastic Free July has progressed over the years, she can't help but smile. What began in 2011 as 40 people committing to going plastic-free one month a year has gained momentum to 326 million people pledging to adopt this practice today.
• 100% of North London’s household recycled plastic processed in the UK; UK Government must ‘urgently’ invest in building the UK’s own recycling capacity as well as fast track legislation to ensure businesses use recycled content in their products, says NLWA.
• Robot pirate ships set sail to launch biggest clean-up of UK’s rivers; Two robot pirate ships set sail in London’s Docklands last week to mark the launch of the UK’s largest ever collaborative push to prevent and reduce the amount of litter entering our waterways, and subsequently the ocean.
• Greenpeace calls for total ban on UK waste exports; A Greenpeace report suggests waste exported from the UK is being illegally dumped in and burned across southern Turkey. Greenpeace is now calling on all waste exports from the UK to be banned.
• Faca Packaging takes focus on cosmetics refill market; Spanish cosmetics specialist Faca Packaging is promoting its refillable jar as demand for sustainable packaging soars.
• New ‘Hire, Reclaim and Reuse’ scheme to help combat construction waste; Sustainable construction innovators, Dura Products, have announced the launch of a new scheme to help combat construction and demolition waste (CDW), of which the UK generates over 60 million tonnes per year.
• ‘World’s largest’ biomethane refuelling station to open near Bristol; CNG Fuels will open the ‘world’s largest’ public access biomethane refuelling station for HGVs by the end of the year near Bristol, which it says will allow fleet operators to run their vehicles on low-carbon fuel, support net zero plans and save money.
• Veolia and SUEZ sign Combination Agreement; This agreement enables Veolia to acquire the strategic assets needed to pursue its goal of building a ‘global champion in ecological transformation’, while guaranteeing a ‘coherent and sustainable industrial and social footprint’ for the new SUEZ.
• WasteAid awarded EU funding for climate resilience in The Gambia; WasteAid, the UK-based international NGO that shares waste management and recycling skills around the world, has been awarded €100,000 by the Global Climate Change Alliance Plus Initiative (GCCA+), funded by the European Union, to deliver a climate resilient coastal and marine zone project for The Gambia.
• Kellogg’s shrinks cereal boxes to cut packaging; Kellogg’s has launched a new smaller cereal box with less air space and packaging, as part of a new sustainability drive.
• Podback hires ex-Alupro director to new role; The former executive director of Alupro, Rick Hindley, has joined coffee pod recycling scheme Podback. He takes on the newly created role of executive director at Podback, which was launched in 2020 and set up by Nestlé and Jacobs Douwe Egberts UK. The organisation aims to expand partnerships with local authorities, retailers and manufacturers of coffee pods
• Sealed Air develops ‘game changing’ thermoforming film; Sealed Air has created a new thermoforming packaging solution that it says ‘defies’ the traditionally thick and heavy properties of THF materials.
• New agency launches to meet global demand for connected packaging; Former global strategy director at JWT and Imagination, Paul Simonet, has launched a first of a kind, specialist company geared to meet the rapid growth in demand for connected packaging.
• DS Smith commits £100m to boost circular economy projects; The new investment over five years includes the creation of a new breakthrough technologies hub in the UK, new materials development to replace plastics and a pilot to gauge G-force shock in home delivery packaging.
• US paperboard cutlery leader launches range in UK and Europe; EcoTensil provides a revolutionary replacement for plastic cutlery, which can be used in packaging and food service, with its smooth, no-taste folding paperboard utensils.
• SIG plans early launch of tethered caps ahead of EU regulations; SIG is aiming to boost its market share by launching its tethered caps for beverage cartons in Europe in the second half of 2021, ahead of the July 2024 deadline set by the EU.
• Clarity Environmental launches industry first quality standard for recycling evidence; Packaging producers can now achieve safer, more sustainable and responsible compliance with the packaging regulations, with the launch of a pioneering quality standard for recycling evidence.
• Co-op bans bags-for-life and calls for unified approach; Co-op is to remove plastic bags for life from sale in all 2,600 stores, warning that the low-cost, reusable bag has become the new single-use carrier.