European Commissioner Jessika Roswall has clarified industry concerns about maintaining, updating and reporting on reusable packaging systems under the Packaging
European Commissioner Jessika Roswall has clarified industry concerns about maintaining, updating and reporting on reusable packaging systems under the Packaging and Packaging Waste Regulation’s current and incoming requirements.
The clarificationscome in response to MEP Marcin Sypniewski, who submitted a parliamentary question seeking to clarify whether reusable packaging placed on the market before the PPWR’s labelling requirements enter into force may stay in circulation until the end of its natural life.
Sypniewski also asked whether statistical and operational data can sufficiently demonstrate a market operator’s reuse cycles, rather than tracking each item of packaging individually; and whether existing reuse schemes will be considered compliant without needing to redraft documentation to prove compliance with Annex VI.
In Sypniewski’s view, businesses could face costly technical challenges if they are required to individually mark and track ‘millions’ of items of packaging, and withdrawing packaging that is still usable might generate additional waste.
Roswall responds that the European Commission is currently preparing an implementing act to set out new label specifications, which will apply 24 months after the date of its entry into force. Reusable packaging placed on the market before the new rules apply are permitted to stay in circulation and need not be redesigned to meet the new requirements.
The implementing act, adopted pursuant to Article 12(1) of the PPWR, will specify the data required to calculate the number of rotations and the method to be used.
Roswall also emphasizes that the existing legislation ‘expressly recognizes’ existing reuse systems as compliant with the relevant requirement, and they may continue to operate so long as they comply with Article 26 and Annex VI of the PPWR.
“These clarifications are particularly relevant for businesses operating established re-use systems, including those involving reusable glass bottles, crates and kegs, where adapting packaging already in circulation may entail significant operational and technical implications,” comments Matteo Squeo, founder of The Green Clause and member of the Permanent Delegation of the Court of Justice, the General Court and the EFTA Court.
The news comes after the Commission published new guidance to clarify Extended Producer Responsibility obligations for small businesses operating in Europe. Member States and PROs are permitted to limit administrative procedures for small producers, exempt small producers from keeping documentation, and/or minimize inspections or audits.
Back in September, Members of the European Parliament debated the Packaging and Packaging Waste Regulation’s impacts on small businesses selling across EU borders. Packaging Europe took a deeper dive into the conversations happening on the ground, and what they might mean for EU legislation going forward.
