Fight against packaging waste: EU and industry argue over "number one sustainability issue"

Packaging waste in the take-away sector is a major problem. © Arnulf Hettrich/Imago

The EU Commission wants to set targets for the reuse of packaging. However, this is encountering enormous resistance, especially in the take-away sector.

This article is IPPEN. MEDIA as part of a cooperation with the Europe.Table Professional Briefing – it was first published by Europe.Table on 8 May 2023.

Brussels – At the beginning of May, the international packaging trade fair Interpack took place in Düsseldorf. Circular economy and resource conservation were listed as "hot topics" of the event. "Sustainability is the No. 1 topic in the packaging industry and the related process industry," said Thomas Dohse, Director of Interpack, in the run-up to the trade fair. "We are meeting with a great determination on the part of the industry to actively shape this transformation process."

However, the industry is vigorously resisting the EU Commission's plans to reduce packaging waste. The regulation is intended to replace the previous Directive on packaging and packaging waste and thus bring about EU-wide harmonisation of regulations in many areas. Rapporteur Frédérique Ries (Renew) told the European Parliament's Environment Committee that it was one of the most complex dossiers of her more than 20 years as an MEP.

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"Never before so many lobby requests"

The Commission's public consultation counted 500 contributions, and MEPs report massive lobbying. "Since the beginning of my mandate, I have never received so many lobby requests as on the Packaging and Packaging Waste Ordinance," says shadow rapporteur Delara Burkhardt (SPD). Currently, she receives about thirty telephone and e-mail inquiries per day.

The topic is on the minds of many interest groups: While the industry is sticking to recycling and resisting measures for reusable packaging, environmental organizations are calling for even more ambitious requirements for the avoidance of packaging and the resulting waste.

The strongest resistance, said Frédérique Ries, was with regard to Article 26 of the Commission's proposal. This includes targets for reuse and refilling for different sectors and packaging formats. Article 22 also prohibits single-use packaging in restaurants for the consumption of food and beverages at the seat. The take-away and beverage sectors are particularly controversial here.

Industry campaign against reusable packaging

The Commission had originally planned even higher targets. Confronted with objections from the industry, she then scaled down these ambitions again in the draft presented at the end of last year. For hot and cold beverages, it proposed reuse rates of 20 percent by 2030 and 80 percent by 2040; for food packaging, ten and 40 percent respectively.

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A specially founded industry lobby alliance is now once again questioning the Commission's impact assessment and recently called for the negotiations to be paused in an open letter to the EU institutions published by Politico. In April, thirteen companies and associations joined forces to form the "Together for Sustainable Packaging" alliance, including several restaurant chains such as McDonald's, KFC and Pizza Hut, as well as European paper packaging manufacturers and their association EPPA. Their campaign is carried out by the Swiss communications consultancy Boldt AG.

Studies do not show a clear picture

The alliance draws on the Kearney study commissioned by McDonald's and other supposedly independent studies to argue for single-use paper packaging in the take-away sector on environmental grounds. Reusable packaging would consume almost 40 percent more water, 46 percent more fossil raw materials and 82 percent more metals than recyclable disposable packaging, EPPA explains, warning of the consequences of "well-intentioned" laws.

The proponents of reusable systems cite studies that attribute a much better ecological balance to them. One thing is certain: There is no simple solution to this question – the advantages of recyclable disposable packaging as well as reusable systems depend on many different factors.

Environment Committee also divided

A rift also runs through the Environment Committee in the EU Parliament: Frédérique Ries deletes the reuse targets in her draft report presented on Thursday and wants to take into account a sector that is very fragile after the crises of recent years. "I wanted to base this draft on best practices and sound analysis from Member States," she explained. However, it did not find this in Article 26 of the Commission's draft. That is why she calls for the requirements to be reconsidered.

She received support for this from the EPP. The Greens and Social Democrats, however, are calling for the targets to be maintained. "Recycling alone, although the industry likes to claim it, is not the solution," said Delara Burkhardt. "And even simple substitutions between different single-use packaging materials are not enough to combat the dramatic increase in packaging waste." Waste prevention and reuse must be at the forefront of regulations, she said.

German law goes further

The rapporteur in the industry committee, Patrizia Troia (S&D), is still unsure: in her draft opinion, she writes that she recognises "the value that the reuse of certain packaging can have in certain sectors", but calls for further analysis before setting targets. The industry committee will discuss the draft on 23 May.

In Germany, restaurants have had to offer reusable packaging for take-away food since the beginning of this year. This is provided for by the German Packaging Act. In a statement, the Federal Environment Agency says that the Commission's draft falls short of German law in several areas and calls for a tightening at EU level. For example, more ambitious re-use targets and shorter transitional periods than those currently provided for in Article 26 should be adopted. Member States should also be able to set even higher targets for reuse and refilling on their own. (By Leonie Düngefeld)