Regulatory Affairs (WG REGA)
The WG REGA met virtually on 14 June to discuss EU policy developments impacting business operations. Members started the discussion with an update on the timing for the publication of the policy proposals. According to latest information from the EU Commission, the legislative proposal for the revision of the Packaging and Packaging Waste Directive (PPWD), as well as the Policy framework for bio-based, biodegradable and compostable plastics will be delayed to Q4 2022 (last information from DG ENV confirms that the proposals will be published on 16 November 2022). Furthermore, members were informed that EUBP finalised the letter to be sent to the Cabinets of EU Commissioners and Executive Vice-President Timmermans. The revised text includes several amendments and comments made by members as well as a note on the recently published Bioeconomy Progress Report (June 2022). A couple of additional suggestions were made, including to add waste as renewable resource. The letter was sent to the Cabinets of EU Commissioners on 29 June 2022. With regards to the policy framework for bio-based, biodegradable and compostable plastics, REGA WG members were informed that according to preliminary information, the Commission will propose a minimum 50% bio-based content for products to be labelled as bio-based products. In addition, the following information was presented: - Strong focus on concerns with regards to bio-based plastics being in competition for land used to grow biomass for food (considering the war in Ukraine).
- Focus on communication with consumers, incl. a proposed monitoring of the “evolution of green claims” to be laid out in the Green Claims initiative (expected in July 2022), which is also expected to include specific requirements on claims for bio-based, biodegradable, and compostable plastics
- Sustainability criteria to be aligned with RED criteria and include a requirement for lower GHG emissions than their fossil counterparts,
- EC proposal on microplastics will exempt biodegradable plastics (if they fulfil specific biodegradability criteria)
- Best method to compare bio-based vs. fossil-based plastics is the JRC LCA methodology
- Recyclates to be prioritised over virgin feedstock for both bio-based and fossil-based plastics
During the EUBP networking event which took place on 22 June in Brussels, Ms. Emmanuelle Maire, Head of Unit in DG ENV and leading the work on the policy framework, engaged in bilateral discussions with EUBP members and provided an outlook for the policy which will be unveiled in November. Another priority for EUBP is the revision of the Waste Framework Directive (WFD). In this regard, the EU Commission launched a public consultation which is open until 16 August. EUBP will prepare a first draft response which highlights the role of compostable plastics in tackling food waste and meet recycling targets. The draft will be shared with REGA by the end of June/ first week of July for feedback. With regards to the JRC report “assessment of definition of recycling”, EUBP had sent feedback to the JRC survey on 5 May, following the workshop presenting the report “Assessment of the definition of recycling” on 7 April. The workshop confirmed that we are still up against the usual widespread misconceptions on compostable plastics having a negative impact on mechanical recycling streams. EUBP followed up with JRC to request a meeting to clarify these misconceptions and a meeting took place on 14 June. During this meeting, the JRC was open to receive more feedback from EUBP, notably with regards to data on the share of bio-based, biodegradable and compostable plastics available on the EU market, as well as production capacities in Europe. However, JRC did not engage in any discussions regarding the claims and allegations vis-a-vis our sectors. Among other top priorities within the REGA WG, the position paper on the revision of the PPWD was finalised and circulated to key policy makers on 15 June. EUBP also joined forces with EUROPEN and other organisations and co-signed a position paper on “Recycling packaging in practice”. The joint industry position paper was sent to key stakeholders but not made public. Among the policy asks with regards to the PPWD revision, both position papers were against a mandatory recyclability threshold of 95% for packaging, while asking that the EU Commission includes compostability under the definition of recyclability. In order to step up our proactive advocacy campaign prior to the official publication of the legislative proposal for the PPWD, the EUBP team has reached out to a series of Members of the EU Parliament to explore the possibility of organising a workshop or a lunch debate in the EU Parliament to discuss the role of bio-based, biodegradable and compostable plastics in the circular economy and their potential for the packaging sector. Sustainable Product Initiative/ ESPR – Draft EUBP feedback
EUBP submitted its response to the Commission Call for Feedback on the proposal for the adoption of the Ecodesign Regulation for Sustainable Products Production (ESPR) as part of the SPI package. Main concerns raised in EUBP’s response revolve around the proposed Digital Product Passport (IP concerns), the use of LCA as the “best tool” to evaluate sustainability and environmental performance, and the proposal on recyclability of products. The rapporteur on the ESPR in the EU Parliament is MEP Simona Bonafe for ENVI, ITRE rapporteur is MEP Maria Spyraki, and IMCO rapporteur is MEP Biljana Borzan. EUBP reached out to them to request a meeting. A meeting with MEP Simona Bonafe has been confirmed for July. EU Bioeconomy Strategy Progress Report
The Commission’s EU Bioeconomy Strategy Progress Report, published on 9 June, recognises the role of bio-based plastics as contributing to climate change mitigation and the overall objectives of the Green Deal. At the same time, the report acknowledges the fact that current policies and regulatory framework are not necessarily providing the required pull for bio-based products and innovations as well as a level playing field for all bio-based sectors. Additionally, the report provides important new data on land-use, amplifying that bioplastics really make up a negligible fraction of the land used to produce biomass. On 24 June, EUBP attended a meeting with DG RTD (Adrian Leip) jointly with the European Bioeconomy Alliance (EUBA) to discuss the outcome of the report and the upcoming Bioeconomy Forum to be held in October 2022 in Brussels. LCA method for alternative feedstock for plastics production – An update
EUBP held a meeting with DG RTD (HoU Pavel MISIGA and DHoU Petra GOYENS) on 21 June. EUBP used this meeting to raise concerns about the use of JRC’s LCA method as preferred option in upcoming EU legislation and the expected negative impact on our sector, the impact on R&D and innovation, and the resulting lack of incentives to switch to bio-based resources. EC representatives had a very positive attitude with regards to bio-based, biodegradable and compostable plastics and acknowledged that the LCA method must be fit for purpose, and that if there are any concerns, maybe the method can be revised. It was agreed that EUBP will send further input to DG RTD and a follow up meeting will be organised in autumn with DG ENV, DG RTD, JRC and EUBP. PEF – Product Environmental Footprint method EUBP is leading a coalition with BioChem Europe, Plastics Europe, HARRPA and APAG to highlight to the EU Commission that the current PEF methodology is not fit for purpose as it fails to accurately account for the biogenic carbon uptake. The joint industry position paper on PEF is finalised, with the existing coalition looking to expand to a larger number of signatories. EUBP presented the position paper in a meeting with the EUBA alliance, asking for support. The purpose is to start already disseminating the paper to key policy makers and officially publish it end of summer/ early September. Additionally, the coalition agreed to publish an article in Politico, promoting the position paper. The next meeting of the REGA WG will take place on the 26th of July, in virtual mode. The next physical meeting will be in October in Brussels. For further detailed information on the work of the WG Regulatory Affairs, please refer to the slides and minutes of the last meeting and contact Maria Negut (negut@european-bioplastics.org) or Katrin Schwede (schwede@european-bioplastics.org).
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