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United Kingdom - Compliance options for retailers change prior to EPR reform - 9 Dec 2020
Prior to the consultations on EPR reform - now scheduled to take
place in 2021 - the importance of the Distributor Takeback Scheme in
the WEEE regime declines, while that of the WEEE compliance fee fund
(managed by JTA) increases.
Distributor Takeback Scheme likely to expire
A peculiarity of the UK’s WEEE regime allows EEE retailers to pay fees
to a Distributor Takeback Scheme (DTS) – provided such a scheme is
approved - as an alternative to assuming their WEEE take-back and
reporting obligations*. The fees paid to the government appointed
DTS finance the maintenance and improvement of local authority WEEE
collection points (in 2017/8/9 a combined GBP 0.8 m were made
available). In 2007, DEFRA approved PRO Valpak to operate the DTS, which
since then has continued to operate as the only approved DTS.
On 1-Jan-20 the latest interim approval** of Valpak’s DTS commenced. The
approval allows the scheme to operate until end-2021 but requires it to
cease to be available to ‘large’ retailers already from Jan-21.
In the absence of an approved DTS, the DTS compliance option will be
unavailable, and the distributors’ take back obligations*** of the WEEE
Regulations will apply to
- ‘large’ retailers/distributors (EEE sales over GBP 100,000 p.a.) from Jan-21.
- smaller retailers and online retailers without physical stores from Jan-22.
The eventual fate of the DTS is yet to be determined by government’s
review of the WEEE regime (see below) but at this stage appears
unlikely.
* The WEEE Regulations (Part 9)
require EEE retailers/distributors to either a) provide in-store
take-back of WEEE b) set up an alternative, free take-back service or c)
join the DTS.
** Valpak’s Oct-19 Phase 5 Proposal was
partially approved by DEFRA for the period 2020-2021, with the caveat
that it would only be available to ‘large’ (Band A & B) retailers
until 31-Dec-20.
*** In-store take-back on a 1:1 basis and - if having a sales area of over 400 sqm – of small WEEE (<25cm) on a 0:1 basis (Part 5 of the WEEE Regulations).
Increased role of ‘Material Focus’ (formerly WEEE Fund) in WEEE regime
Another peculiarity of the UK’s WEEE regime is the ‘WEEE Compliance Fee’
– in place since 2014 – which PROs may pay as an alternative to
acquiring WEEE evidence notes from collectors or other PROs to reach
collection targets. DEFRA annually selects an organisation to collect
the compliance fee and distribute the collected funds. Except for
compliance year 2016 (when Valpak was chosen), DEFRA has always selected
the JTA which is supported by EEE producer associations and three large
WEEE PROs: ERP UK, Recolight, and REPIC. The JTA administers the
compliance fee through non-profit organisation Material Focus (formerly
the WEEE Fund).
‘Material Focus’ has collected a combined GBP 16 m* in fees for the
compliance years 2017/8/9 with which it is implementing its strategic
objectives to increase WEEE collection. These notably include
- supporting local authorities to roll out curbside WEEE collections
of WEEE (GBP 3.5 m): By mid-2020, 17 local authorities had received
funds and Material Focus claims that over 3 million households (over 10%
of total 27.6 m total) have access to ‘enhanced doorstep’ WEEE
collection services.
- national behaviour change campaign
Recycle Your Electricals, launched in early 2020 (GBP 3.5 m). In the
context of the campaign, Material Focus launched a communication toolkit
for (newly obligated) retailers in late Nov-20 to help ensure
consistency across all consumer communications relating to retailer
take-back. The toolkit has been approved by BEIS (Department for
Business, Energy & Industrial Strategy) and OPSS (Office for Product
Safety and Standards) and is available on request.
- COVID emergency support for recyclers and re-use charities (GBP 5.7 m), which include interest-free loans.
* an estimated 10-20% of the total costs to producers of the UK’s WEEE regime
Consultations on reforming EPR regimes, including that on WEEE, now scheduled for 2021
In 2018, the government announced that the Government would review of
the WEEE and the Batteries Regulations in 2019 and would launch
consultations in late 2020. In Feb-20 a ‘post-implementation review’
of the WEEE Regulations was released, but the consultation timeline has
been moved back: DEFRA now expects all consultations on EPR reform to
be published in stages throughout 2021, starting with packaging and
followed by WEEE.
Like almost all other countries the UK has failed to reach the EU’s 65%
WEEE collection target applicable from 2018. For 2018, DEFRA calculated
the WEEE collection rate at 54%. Of the total 816,397 tonnes collected
in 2018, 31% (253,726 tons) did not pass the PROs but were separately
collected in the light iron waste stream.
DEFRA believes a systemic reduction in the collection of small WEEE over
the years is partly to blame, revealing an urgent need to improve the
accessibility of WEEE collection infrastructure and to develop more
take-back routes to step-up collection.
For 2020, UK EEE producers, respectively PROs, are again expected to
miss their target (set at 537,976 tons) and thus pay WEEE Compliance
Fees, which in turn will provide funds for improving accessibility of
WEEE collection infrastructure.
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Romania - Draft proposes mandatory DRS from April 2022 - 3 Dec 2020
A draft Decision establishing the legal framework for the
implementation of a mandatory DRS was released for a 10-day commenting
period ending 29-Nov-20. It is expected to be approved and published
before end-2020.
Ordinance 74/2018 provided the legal basis for the establishment of a
DRS for non-reusable beverage packaging from Apr-22. A Jan-19 Emergency
Ordinance brought the date forward to Jan-21.
The Nov-20 Draft Decision proposes the application of a RON 0.5 (EUR 0.1) deposit amount: -
- on non-reusable glass, plastic and metal beverage containers with a volume of 0.1 to 3 liters
- used
for soft drinks, juices, mineral waters, beer and alcoholic beverages,
cider and other fermented beverages, wines and spirits.
The proposed launch of the DRS is set for 1-Apr-22.
However, the final launch date remains uncertain as the Jan-21 deadline
remains valid and Minister of Environment Costel Alexe’s commented s
that the DRS would be launched in 2021.
The DRS is designed to be managed by the ‘administrator’, a single, government-appointed non-profit management entity.
In anticipation, the Romanian Brewers Association and the National
Association for Soft Drinks (ANBR), representing 70% of the Romanian
beverage sector [the Draft requires the administrator hold a min. 30% market share], have established the Alliance of Beverage Producers to operate the DRS.
The Draft requires all producers/packers/fillers of covered
beverage containers and all distributors – regardless of size – to
register with the administrator. Covered beverage containers
will require a label (to be set in an upcoming Ministerial Order) and
unique barcode to facilitate traceability. In addition to collecting and
refunding the deposit amount, distributors will be required to
take-back deposit packaging, keep records of volumes collected and
separately display the deposit amount on price tags and sales documents.
Compensation will be awarded by the administrator at a
yet-to-be-determined rate and frequency. Refunds of the deposit will not
require any proof-of-purchase.
The proposed collection targets – 75% in 2022
increasing to 90% in 2024 – are ambitious and will likely be revised.
The Draft does not impose re-usable quota or recycled content
requirements.
Minister Alexe had previously commented that the fulfilment of the EU
packaging recycling targets will rely heavily on packaging waste managed
outside of the PROs. The establishment of a DRS covering multiple
material and beverage types will strongly facilitate the meeting of
these targets and help to avoid EU infringement procedures on the
country’s currently low municipal waste recycling rate (~11% in 2018).
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Germany - Draft amendment to Packaging Act puts changes up for discussion - 3 Dec 2020
The proposed changes notably concern 1) the approach to address
the online free rider issue, 2) the introduction of financial
transparency requirement for PROs, 3) the transposition of the SUP
Directive’s collection targets and minimum recycled content requirements
for beverage bottles, as well as 4) the transposition of the SUP
Directive's mandate to reduce single-use to-go and delivery food
packaging and beverage cups by making it mandatory to offer of reusable
alternatives on which a deposit is likely to be charged.
The draft is an initial draft which the federal Ministry of Environment
(BMU) sent to the Laender (state) governments and industry associations
for feedback. It has yet been coordinated with other federal ministries.
The BMU accepts comments before 3-Dec-20.
Marketplaces to be prohibited from enabling the ‘offering for sale’ of non-compliant goods
To address the free rider problem in online marketplaces, the draft
proposes the same approach as the Sep-20 draft amendment to the WEEE
Act: This approach builds on a peculiarity of German EPR legislation,
which prohibits distributors from ‘offering for sale’ products/packages
from non-compliant producers. The draft proposes to expand this
prohibition to also apply to the act of ‘enabling’ others to offer
non-compliant products for sale.
In more detail, the draft proposes to:-
- define
'electronic marketplace' as enabling distributors to place goods on the
German market - irrespective of whether the marketplace is established
in Germany or not - and prohibit them to ‘enable’ other parties to offer
products for sale in packaging for which a PRO must be - but is not -
contracted;
- define
'fulfilment service provider' as an entity providing at least two of
the following services in Germany for distributors: warehousing,
packaging, addressing and shipping (not considered fulfilment services
are postal, parcel delivery or transport services) and prohibits
performing services involving non-compliant packaging.
Violations of the prohibition may incur fines of up to EUR 100K.
Changes related to determining the party obligated as producer
To improve other producer registration related provisions, the draft proposes to: -
- introduce the concept of AR (authorised representative) into the Packaging Act (new § 14a);
- clarify obligations for ‘point-of-sale’ (service) packaging:
Currently retailers are by default considered as the party placing
service packaging on the market. However, they may require the packaging
supplier (converters or importers) to join a PRO (dual system) on their
behalf. The Draft amendment adds that retailers remain obligated to
register, even when they appoint the packaging supplier to assume the
obligation to join a PRO.
- the entity to assume producer obligations for shipping packaging which
is applied by a fulfilment service provider should be the seller of the
goods for whom the fulfilment service provider works (not the
fulfilment service provider).
Introducing financial transparency requirement for PROs a minimum requirement on EPR
The draft aims to transpose the minimum requirements on EPR. While PROs
(‘dual system’) remain subject to unspecified approval of the state
(Land) in which they are legally established, the draft proposes to
require them to disclose financial information to the central authority
ZSVR annually. The ZSVR thus could inform the state authorities for
example of an impeding insolvency.
The minimum financial data proposed for mandatory disclosure are a)
available financial resources including bank balances, approved
overdrafts and loans; c) funds and assets available as collateral; c)
working capital; d) relevant costs including for means of transport,
land, buildings, equipment and vehicles, e) liabilities; and f) taxes
and social security contribution. The ZSVR is authorised to specify
detailed forms and to request supporting documentation issued by a bank
or an auditor.
Transposition of the EU’s beverage bottle collection target and minimum recycled content for PET bottles
The draft proposes to transpose parts of the single-use plastic (SUP) Directive:
- Art. 9 - which sets targets for the separate collection of SUP beverages bottles
of up to 3 liters (77% of POM in 2025, 90% in 2029) – is proposed to be
transposed in the Packaging Act’s ‘Overall Waste Management Objectives’
(§1)
- without holding a specific party responsible for reaching the targets, and
- by
exempting bottles (including their caps) from the targets whose
dominant material is PET and which use at least 25% recycled content
from Jan-25 and 30% from Jan-30.
- Art. 6 (5) - which sets minimum recycled content targets for
single-use beverage PET bottles up to 3 liters (25% by 2025, 30% by
2030) except bottles used for medical foods – is transposed without
deviation.
Transposition of the EU’s mandate to reduce SUP food packaging and beverage cups
The SUP Directive's Art. 4.1 requires member states to achieve a 'a
measurable quantitative reduction' of SUP beverage cups and SUP food
packaging between 2022 and 2026. A notable criteria for 'food packaging'
as used in the SUP Directive is that its content is meant for immediate
consumption either on-the-spot or take-away, as specified in the SUP
Directive Annex Part A(2)).
The draft proposes to achieve this reduction* by requiring ‘final
distributors’ - i.e. fast food and take away restaurants, food delivery
services – from 1-Jan-22 to: -
- offer the same food and beverages that are sold in single-use packaging also in reusable containers (applicable to all serving sizes), not ‘at a higher price or at worse conditions’ than the single-use alternatives
[the explanatory note to the draft says that a deposit does not
constitute ‘a worse condition or higher price’ unless the deposit amount
is set at a level so as to act a deterrent].
- inform end-users clearly
of the possibility of returning reusable containers/packaging at the
POS or – in case of home delivery – in the media through which sales are
made;
- take-back those reusable containers/packaging that they placed on the market themselves.
Relief for small businesses: ‘Final distributors’ with at most 3 staff
and a sales area of at most 50 sqm** may offer end-users to fill
packaging that the end-user makes available, as an alternative to
offering reusable packaging. The obligation to inform end-users applies
correspondingly.
It should be noted that the draft goes beyond the SUP Directive
by applying to single use beverage cups of any material, not only
plastics**. This should ensure that final distributors do not switch
from SUP cups to single-use paper based cups.
* a new section 7 is inserted into Packaging Act (§33 and §34)
** for delivery services, all storage and dispatch areas are deemed to be sales areas.
*** the SUP Directive defines ‘plastic’ as a material consisting of a
polymer … and which can function as a main structural component of final
products. The draft takes relevant definitions largely directly from
the SUP Directive: ‘SUP packaging’ is made partly or fully of plastic*,
and ‘SUP food packaging’ are items such as boxes with or without lids
meant for immediate consumption, etc. Items not considered ‘SUP food
packaging’ are beverage containers, beverage cups, plates, flexible
packaging such as wrappers containing food.
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- IBM and The Alliance to End Plastic Waste to Create Data Platform to help track global plastic waste in the environment; IBM
and The Alliance to End Plastic Waste to Create Data Platform to help
track global plastic waste in the environmentIBM and The Alliance to End
Plastic Waste to Create Data Platform to help track global plastic
waste in the environment. The Alliance is a non-profit organization that
brings together a community of members from across the plastics value
chain to combat the global waste challenge. As part of work with the
organization, IBM will collaborate with the Alliance to design a new
data platform hosted on IBM Cloud to help track plastic waste and
recovery globally.
- European Plastics Pact Roadmap launched; The
European Plastics Pact, which launched in Brussels on 6 March 2020, has
published the European Plastics Pact Roadmap to direct and drive
forward urgent action by the 143 signatories, across 20 countries. The
European Plastics Pact Roadmap sets out to help signatories
develop cross-border connections and share innovations that harmonise
and accelerate the Europe-wide development of a circular economy for
plastics, and significantly reduce the huge challenge of plastic wastage
and littering.
- Data essential for EPR changes, says Valpak chief executive; In
a video interview with letsrecycle.com, Steve Gough, chief executive of
environmental compliance organisation, Valpak, has explained how
recycling of packaging continued strongly during the pandemic. He
highlighted how there was more material “at home and less on the go”
although for WEEE there was a lost collection time with HWRCs being
closed.
- Environment Agency could annul ‘illegal PRNs’; The
Environment Agency is stepping up its bid to counter illegal activities
within the packaging waste system and could cancel some already-issued
PRNs. Any cancellations, which would also include export PRNs, could
have significant consequences for compliance schemes who are likely to
have paid substantial sums to buy the PRNs and then find them invalid.
- Local authorities need much more support to do their bit on climate; There
is ongoing concern amongst local leaders and environmental
organisations that local authorities are not receiving the support and
resources they need to reduce emissions in their areas. Last Wednesday
the Climate Change Committee (CCC) published its roadmap to show how
government can meet its legally binding sixth carbon budget. Alongside
this, a separate report was commissioned which emphasised the need for
central government and local authorities to “work seamlessly” together
to achieve their shared goal of net-zero emissions.
- Aldi rolls out cardboard packaging across steak range in Scotland;
The new packaging is being introduced on all 12 of the supermarket’s
beef steak products this month and will save approximately 80 tonnes of
plastic a year in Scotland. The move follows a successful trial in
stores across parts of Wales, as well as the North West and South East
of England. Aldi is one of the biggest retailers of ‘Scottish origin
beef’ and the cardboard packaging is recyclable, once the protective
film has been removed, and is sourced from sustainably-managed forests.
- Weetabix reduces plastic packaging as it unveils sustainability report; The
company’s second sustainability report has been launched, which details
the initiatives the breakfast food giant has taken. Plastic reduction
has been driven by creating smaller wrappers for Alpen Light bars,
saving 24 tonnes of plastic per year, and removing 28% of plastic in its
Weetabix wrappers, saving 102 tonnes of plastic per year. The company
said it was also on track to reduce the carbon footprint of its
packaging by 20% in the next year.
- Collaboration to boost battery recycling and cancer research; A
new recycling collaboration which seeks to boost UK battery recycling
rates whilst providing vital funds for cancer research will today (16
December) be launched by recycling compliance scheme Ecosurety and
Cancer Research UK, the world’s leading cancer research charity
dedicated to saving lives through research. From today, households
can take their used batteries to one of the collection points in Cancer
Research UK’s 600 stores across the UK, including 24 Cancer Research UK
superstores located in retail parks.
- Mars Food and Amcor to launch recyclable microwavable rice pouch; Mars
Food is to start using recyclable mono-polypropylene plastic (PP) for
its microwavable rice pouches in 2021. Working with Amcor, the project
will bring to market the industry’s first food-safe, mono-material
microwavable rice pouch. Launching with an initial pilot in the
first half of 2021, the business has ambitions to further scale the
technology across its portfolio beginning at the back half of the year.
- 94% of Brits want more on-the-go recycling points; That’s
the findings of a recent consumer research survey, conducted by the
LUCID polling agency in association with Every Can Counts. While
89% of UK respondents said that they recycle drinks packaging when at
home, this number drops to just 41% when out and about.
- Seed funding to develop world’s first fully automated MRF; Recycleye,
the intelligent waste management start-up, has secured £1.2 million in
seed funding to develop technology that could lead to the world’s first
fully automated material recovery facility (MRF). Recycleye is
using artificial intelligence and robotics to bring transparency,
traceability and accountability to waste flows, enabling businesses to
profit from their waste streams. The company is tapping into the
trillion-dollar automation market that currently exists within the waste
management industry, creating disruptive technology that is
commoditising waste, and in turn shaping removal chains into an even
more valuable market opportunity than supply chains.
- Dame Glenys Stacey to chair environmental watchdog; Dame
Glenys Stacey, the acting chief regulator at Ofqual, has been selected
as the government’s preferred candidate to become chair of the Office
for Environmental Protection (OEP).
- 102 million disposable facemasks discarded each week in the UK; A
new campaign to encourage the nation to switch to reusable facemasks
has been launched today (15 December), as research for North London
Waste Authority (NLWA) reveals that 102 million single-use facemasks are
being disposed of each week in the UK. These masks end up being
thrown away or littered, creating a huge new plastic pollution problem.
The poll also found that nearly one in five people (18%) think that
disposable masks should go in the recycling bin, which is resulting in
increased contamination issues at recycling facilities.
- Welsh government backs project to turn waste plastic into carbon nanotubes; The
Welsh government is backing a cutting-edge science project at Swansea
University that changes waste plastics into highly valuable compounds
for the energy industries. The government is to invest in a plastics
upscaling project which has the potential to create highly-skilled jobs
in Wales, the university says. Scientists are extracting carbon
atoms found in waste plastics and turning them into a nanotube format
that can be used for the transmission of electricity. They are
producing plastic electric cables without the copper wire inside them,
which can be used in residential and industrial construction.
- The government is backsliding on the Environment Bill before it even becomes law; The
government is backsliding on the Environment Bill before it even
becomes lawAfter a delay of over six months, the Environment Bill is
finally back. Having just completed review by a committee of MPs in
Parliament, we expect its enactment during the first part of next year.
But the Bill is soon to be finalised and problems remain that must be
urgently addressed.
- Conwy pilots new digital deposit return scheme for plastic bottles; A
new digital deposit return scheme for plastic bottles to be trialled at
households in Conwy county. Residents of a North Wales town will soon
take part in a pilot for a new digital method of tracking recycling,
helping Wales on its route to a ‘zero-waste, circular economy’, the
council says. The Welsh Government is joining Polytag Ltd, Conwy County
Borough Council and WRAP to trial a new deposit return scheme (DRS) in
Colwyn Heights, Conwy.
- UK Plastics Pact cuts ‘unnecessary’ plastic by 40%; WRAP
today (8 December) publishes its second annual report for The UK
Plastics Pact showing that members have made some good progress against
targets, including a reduction in the amount of plastic packaging being
used, and good progress in plastic recycling at home. WRAP’s Chief
Executive Marcus Gover, however, warns there are ‘significant
challenges’ ahead which he says need urgent attention to keep the UK on
course. “It’s great to see UK Plastics Pact members cutting unnecessary
plastic packaging by 40% and increasing recycling to 50% in just one
year,” he said.
- There is no point planting trees if we don’t look after them; In
case you hadn’t noticed, trees are having a moment. And you can expect
them to have an even higher profile over the coming days as 2020’s
National Tree Week gets under way. National Tree Week takes place at
this time of year to mark the start of the planting season: trees are
dormant during the winter months, so planting from November through to
March gives them the best chance of hitting the ground running come the
spring. Tree planting is of course a much touted panacea for our climate
and pollution ills, but actually sticking them in the ground is only
the beginning. Millions are being spent on tree planting initiatives,
but far less cash and far fewer column inches are devoted to their
aftercare.
- UK’s first plastic-free lidless disposable coffee cup launches; The
ButterflyCup – which needs no separate lid – is initially being
unveiled at WWT (Wildfowl & Wetlands Trust) centres across the UK.
ButterflyCup says it took up the challenge of TV chef Hugh
Fearnley-Whittingstall, after he challenged the major coffee chains to
switch to a “properly recyclable” cup to solve the “takeout trash
mountain” created by the 5000 coffee cups Britons throw away every
minute. In his BBC documentary Hugh’s War on Waste
Fearnley-Whittingstall said “Only by changing to a cup that is properly
recyclable in the public waste disposal system… can they [coffee major
coffee chains] justify the bold environmental claims they are making.
This is a solvable problem, so let’s see them solve it.”
- French pilot uses chemically recycled polystyrene in yogurt pots; A
partnership led by Total today (7 Dec) announced that they have
successfully run a pilot test aiming at using certified chemically
recycled polystyrene in food grade plastic yogurt pots. The group says
this is the first step of a collaborative initiative aiming at testing
the use of chemically recycled polystyrene in yogurt pots, supporting
the development of sustainable PS recycling in France. This test led by
Total in partnership with Intraplás, expert in the extrusion of plastic
sheets for the food industry, and Yoplait, key player of the yogurt
sector, is an ‘important achievement’ in establishing chemical recycling
as a valid route for polystyrene recycling in France, the group says.
- Suez highlights Recycle More success in Mendip; Mendip
residents recycled more than 300 extra tonnes of waste in the five
weeks after Suez and the Somerset Waste Partnership (SWP) rolled out
their Recycle More service. Part of efforts to increase the
region’s recycling rate from 52.4% in the 2018/19 financial year to 60%,
the Recycle More service was introduced to around 53,000 homes in
Mendip in the last week of October. Recycle More was rolled out
across Mendip at the end of October. Mendip residents received a
new blue bag to help them recycle items including plastic tubs, pots and
trays and cartons, as well as batteries and small waste electrical and
electronic equipment (WEEE). Suez says that although it is still
too early to see long-term trends, the amount of residual waste
collected in Mendip has fallen by roughly 20% during the same five-week
period while the tonnage of recycling has jumped 11%
- Despite new government powers to recover the oceans, still nothing is guaranteed; As
the Fisheries Act receives Royal Assent, it is important to reflect
where we have got to, four years after the Brexit referendum. From the
outset of the legislative process, Greener UK urged the UK and devolved
governments to take this once in a generation opportunity to establish
the UK as world leaders in sustainable fisheries management. We set out
the key elements that would be vital to achieve this. Critical was the
need for fisheries management to be holistic, ie managed as an integral
part of a healthy ocean ecosystem, no longer siloed off from other
marine decision making. Also important was the setting of sustainable
catches, based on the best science to restore fish stocks and maintain
them at healthy levels. Accountability, in the form of remote electronic
monitoring with cameras (REM) on vessels, was another feature that we
argued should underpin sustainable management.
- Working from home ‘boosts plastic recycling rate’, report finds; Working
from home RECOUP’s recent report indicates the change in people’s
lifestyles, working from home, home schooling and less travel has led to
a ‘significant’ plastics recycling rate increase from household
collections. Plastics Recycling member-based charity, RECOUP, have
published their UK Household Plastics Collection Survey, annually, which
is a full analysis of Local Authority data of plastics recycling
collections alongside that known to be placed on the market. The 2020
survey covers retrospective data from 2019 and demonstrates that up
until March 2020 the overall rate increased by 2%.The collection rate of
plastics packaging recycling April 2019 to March 2020 is Plastic
bottles – 59%; Plastic pots, tubs, and trays – 33%; Plastic film – 7%;
All household plastic packaging– 39%.
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