HOTREC supports the packaging regulation, but questions its practicality

On March 15, the European Parliament and the Council reached a provisional agreement on updating the EU regulation on packaging and packaging waste (Packaging and Packaging Waste Regulation - PPWR).

While the European hospitality industry, represented by HOTREC, welcomes and supports the new rules, they nevertheless warned about the impracticality of some provisions.

Hotels, restaurants, bars and cafes recognize the importance of responsible waste management. The industry therefore remains committed to playing its part in the transition, communicated are from the association.

However, HOTREC and its members are concerned about the imbalance between ambitious environmental goals and the practical needs of the hospitality sector. They believe that clear and consistent restrictions on single-use plastic packaging in hotels and restaurants are needed.

"Banning miniature plastic hotel cosmetics is a step forward, but targeting all disposable toiletry packaging in hotel rooms is unreasonable and impractical", she commented Marie Audren, CEO of HOTREC.

The Association is disappointed with the charging and re-use obligations imposed, which are likely to cause liability issues.

Although well-intentioned, measures that impose refilling and reuse without new costs would create additional pressure on efficiency and profitability, which would harm the food sector, where, they say, there are small margins.

They also believe that member states should allow hotels, restaurants and bars free decision, especially about whether they will provide tap water for free or not.

HOTREC calls on the EU legislators to carefully solve these problems through secondary legislation. By encouraging cooperation and dialogue, it is possible to achieve ecological sustainability and successful hospitality, the association says.

Regulation on packaging and packaging waste

The proposal considers the entire life cycle of packaging and establishes requirements with the aim of safe and sustainable packaging, requiring that it is all recyclable and that the presence of substances of concern is minimised.

The negotiators agreed on the goals reduction of packaging from 5 percent by 2030 and 15 percent by 2040, as well as the fact that by 2030 all packaging should be recyclable.

Until then, the ban will apply to plastic items for single use such as the plates, cups and boxes used by fast food restaurants, airport suitcase wraps and very light plastic bags from grocery markets. 

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In order to prevent harmful effects on health, a ban on the use of so-called 'forever chemical' (per- and polyfluorinated alkyl substances - PFAS) in packaging that comes into contact with food.

The EU will apply certain reuse targets, such as 10 percent on take-out packaging and on beverage containers, other than those for wine or milk. Cardboard will also be exempt. It was also agreed that the empty space should not make up more than 50 percent of the packed goods.

The provisions will not apply to very small businesses, and the agreement still needs the approval of the European Parliament and the governments of the bloc's member countries. 

Sustainability requirements and recycled content

The agreement strengthens the requirements for substances in packaging by introducing restrictions on the placing on the market of food contact packaging containing per- and polyfluorinated alkyl substances (PFAS) above a certain threshold.

It also reflects the main targets until 2030 and 2040 for the minimum recycled material content of plastic packaging, except for compostable and packaging with a plastic component representing less than 5 percent of the total weight - which are exempted from the targets.

The new rules would reduce unnecessary packaging by setting a maximum void ratio of 50 percent in bulk, transport and e-commerce packaging, requiring manufacturers and importers to ensure that the weight and volume of packaging is minimized, except for proprietary packaging designs.

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Reuse

The text sets new binding reuse targets for 2030 and indicative targets for 2040.

Targets vary depending on the type of packaging used by operators: alcoholic and non-alcoholic beverages (excluding wine and flavored wines, milk and other perishable beverages), transport and sales packaging (excluding packaging used for hazardous substances or large equipment and flexible packaging in direct contact with food) and collective packaging.

Cardboard packaging is generally exempt from these requirements. Micro-enterprises are also exempted from achieving these targets and the possibility has been introduced for economic operators to form groups of up to five final distributors to meet the reuse targets.

The Parliament and the Council prescribed the obligation of the tradesmen who offer outdoor products to offer customers the opportunity to bring their own containers to be filled with cold or hot drinks or ready-made food at no additional cost.

In addition, by 2030, 'out' activities must aim to offer 10 percent of products in packaging formats suitable for re-use.

Deposit Return Systems (DRS)

Under the new rules, member states must ensure separate collection of at least 2029 percent of single-use plastic bottles and metal drinking containers (annually) by 90.

In order to achieve this goal, they are required to set up a Deposit Return System (DRS) for these packaging formats.

The minimum DRS requirements will not apply to systems already in place before the entry into force of the regulation if the systems in question reach the 90 percent target by 2029.

Limitations of certain packaging formats

The new rules introduce restrictions on certain packaging formats, including single-use plastic packaging for fruit and vegetables, for food and drink, condiments, sauces in the catering sector, small cosmetic and toiletry products used in the accommodation sector, such as shampoo or body lotion bottles and for very light plastic bags, such as those offered at bulk food markets.

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The association applauds the efforts of lawmakers, but is concerned about the "imbalance between ambitious environmental goals and the practical needs of the hospitality sector," calling for clearer and more consistent limits on single-use plastic packaging in hotels and restaurants.

According to HOTREC, charging and reuse obligations imposed on operators could cause liability issues.

HOTREC encourages legislators to carefully address these issues through secondary legislation. The organization is looking for cooperation and dialogue on the way to ecological sustainability and a successful hospitality industry.

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Circular economy in the European Union

The decoupling of economic growth from the exploitation of resources and the transition to circular systems of production and consumption are key to achieving this climate neutrality of the European Union until 2050.

On February 20, 2024, the Council adopted a directive on strengthening the position of consumers in the green transition.

Thanks to the new measures, consumers in the EU will:

• have access to reliable information to make good decisions that favor the environment, among others on early obsolescence
• be better protected against unsubstantiated claims about the product's environmental friendliness
• to be better informed about the possibility of product repair before purchase

The directive also introduces a harmonized label with information on the commercial warranty of durability offered by manufacturers.

Action plan for circular economy

In March 2020, the Commission presented an action plan for the circular economy with more than 30 measures for:

• ensuring the development of sustainable products and the principle of circularity in production processes
• strengthening the position of consumers
• targeting key sectors
• reducing the amount of waste

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Sustainable product design

A series of measures are aimed at ensuring that products become more durable and that they can be repaired more easily, but also strengthen the position of consumers so that they can make more sustainable decisions.

In 2009, the Ecodesign Directive established requirements related to energy efficiency, covering different product groups (eg computers, refrigerators, water pumps).

On 5 December 2023, the Council and the Parliament reached a provisional agreement on new requirements for the ecological design of sustainable products.

The goals of the new rules are:

• to establish environmental sustainability requirements for almost all types of goods placed on the EU market
• establish a digital passport for products that will include information on the environmental sustainability of products
• prohibit the destruction of certain unsold consumer goods (textiles and clothing).

Right to repair

The EU wants to ensure that consumers can request a repair instead of a replacement in the event of a product failure or defect. Therefore, in March 2023, the Commission proposed new common rules to prevent the premature disposal of goods that can be repaired.

On 2 February 2024, the Council and the European Parliament reached a provisional agreement on the Right to Repair (or R2R) directive. The main elements of the proposal are:

• the right of consumers to request from the manufacturer the repair of products that are technically repairable under EU law (e.g. washing machines, vacuum cleaners or mobile phones)
• free European repair information form
• an online repair platform that connects consumers with repairers
• extending the seller's liability period for 12 months after product repair.

By creating incentives for producers and consumers to extend product life cycles, the new legislation will also reduce waste and promote more sustainable business models.

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Strengthening the position of consumers

The European Union wants to prevent companies from making misleading claims about the environmental benefits of their products and services. On February 20, 2024, the Council adopted a directive on strengthening the position of consumers in the green transition.

Thanks to the new measures, consumers will:

• have access to reliable information to make good decisions that favor the environment, among others on early obsolescence
• be better protected against unsubstantiated claims about the product's environmental friendliness
• to be better informed about the possibility of product repair before purchase

The directive also introduces a harmonized label with information on the commercial warranty of durability offered by manufacturers.

Claims of environmental acceptability

The Council is also currently working on a proposal for a directive on claims about environmental acceptability, in which it is proposed to establish criteria for substantiating the claims of companies about the acceptability of products for the environment.

The following are examples of environmental acceptability claims that should be supported by evidence:

• "Footwear made from 50 percent recycled plastic"
• "Climate neutral delivery"
• "A bee-friendly skin care product"

Plastic

The European Strategy for Plastics in the Circular Economy, which was adopted in 2018 and includes strong measures to combat microplastics, aims to improve the recyclability of plastic packaging.

As part of the 2020 circular economy action plan, the Commission is working on:

• mandatory requirements for recycled content and waste reduction for key products
• a new policy framework on bio-based, biodegradable and compostable plastics to clarify where these plastics can deliver real environmental benefits
• measures to solve the issue of the presence of microplastics that are unintentionally released into the environment with the aim of reducing the amount of plastic waste.

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Cover photo: Pixabay 
Source: HATRIC, Council of the EU, European Parliament