On 24 October 2023 the European Parliament Committee on the Environment, Public Health and Food Safety (ENVI) voted on the draft report on the proposal for the Packaging and Packaging Waste Regulation (PPWR) which will replace the current Directive in force since 1994. In this article we will highlight some parts regarding reusable transport packaging, as these will be of influence on your future packaging registration system.
In a news message on 25 October 2023, ENVI reported: “The EU rules regulate what kind of packaging can be placed on the EU market, as well as packaging waste management and packaging waste prevention measures. All packaging placed on the EU market must comply with essential requirements related to its manufacturing, composition, and reusable or recoverable nature.”
Would you like to know more about the background of the Packaging and Packaging Waste Regulation (PPWR)? Read our previous blog: Are you ready for the new EU packaging regulation (PPWR)?
In recent months, the PPWR has experienced intensive lobbying. Among the subjects generating considerable debate and controversy, the reuse targets stand out as a prominent issue. The ENVI news message continues: “The proposal aims to contribute to the achievement of the objective of the European Green Deal and the new circular economy action plan to ensure that "all packaging on the EU market is reusable or recyclable in an economically viable way by 2030" and the commitment of the 2018 Plastics Strategy to ensure that by 2030 all plastics packaging placed on the market can be reused or recycled in a cost-effective manner. 2473 amendments have been tabled in ENVI and ITRE and IMCO committees adopted an Opinion.”
(Note: ITRE is the European Parliament Committee on Industry, Research and Energy and IMCO the European Parliament Committee on the Internal Market and Consumer Protection.)
In the week of 20 November the European Parliament (EP) will take position on the report that was adopted in October. As a result of tight voting results and differences among MEPs and political groups there is a high level of uncertainty regarding whether this plenary session will support or approve the report from the ENVI Committee.
After the adoption of the EP position coming November, the European Council (EC) will establish its position on or around 18 December. From January 2024 further negotiations will take place, after which the final text is expected to be agreed among co-legislators and finally endorsed before the European elections in June 2024.
As developers of reusable packaging software PackControl keeps a close eye on the development of the PPWR. A number of articles in the proposed regulation relate to transport packaging. This is defined (in Article 3 of the proposed PPWR) as “packaging conceived so as to facilitate handling and transport of any number of sales units or grouped packages, including e-commerce packaging but excluding road, rail, ship and air containers, in order to prevent damage from physical handling and transport to the product.”
Whilst all packaging will have to be marked with a label containing information on its material composition in order to facilitate consumer sorting, this obligation will not apply to transport packaging.
Other articles do relate to transport packaging. Especially the re-use targets (article 26) will have important consequences for reusable packaging administration.
For example, the proposal states (26.7) that “Economic operators using transport packaging or sales packaging only used for transportation within the territory of the Union in the form of pallets, plastic crates, foldable plastic boxes, pails or drums for the conveyance or packaging of products in conditions other than provided for under paragraphs 5 and 6:
(a) shall ensure that from 1 January 2030, at least 30 % of such packaging used is reusable packaging within a system for re-use;
(b) shall aim to ensure that from 1 January 2040, at least 90 % of such packaging used is reusable packaging within a system for re-use.”
Whilst 2030 may seem a lifetime away, the PPWR will have a big impact on your reusable packaging registration
A slightly less stringent article goes for e-commerce, in article 26.8: “Economic operators using transport packaging within the territory of the Union for the transport and delivery of non-food items made available on the market for the first time via e-commerce:
(a) shall ensure that from 1 January 2030, at least 10 % of such packaging used is reusable packaging within a system for re-use
(b) shall aim to ensure that from 1 January 2040, at least 50 % of such packaging used is reusable packaging within a system for re-use.”
Article 26.9 then goes on to specify rules regarding stabilization and protection of transported goods by stating: “Economic operators using transport packaging within the territory of the Union for stabilization and protection of products put on pallets during transport, including, but not limited to, pallet wrappings or straps
(a) shall ensure that from 1 January 2030, at least 10 % of such packaging used is reusable packaging within a system for re-use;
(b) shall aim to ensure that from 1 January 2040, at least 30 % of such packaging used for transport is reusable packaging within a system for re-use.”
Rules for grouped packaging are given in 26.10: “Economic operators, including online platforms, using grouped packaging within the territory of the Union in the form of boxes, excluding cardboard, used outside of sales packaging to group a certain number of products to create a stock-keeping or distribution unit:
(a) shall ensure that from 1 January 2030, at least 10 % of such packaging used is reusable packaging within a system for re-use;
(b) shall aim to ensure that from 1 January 2040, at least 25 % of such packaging they used is reusable packaging within a system for re-use."
“Targets laid down in this Article shall be calculated for the period of a calendar year”, states article 26.11, after which 26.12 specifies the proposed rules for internal transport: “From 1 January 2030, 95% of the transport packaging used by an economic operator shall be reusable where it is used for transporting products:
(a) between different sites, on which the operator performs its activity; or
(b) between any of the sites on which the operator performs its activity and the sites of any other linked enterprise or partner enterprise, as defined in Article 3 of the Annex to Commission Recommendation 2003/361, as applicable on [the date of entry into force of this Regulation].
This obligation applies to pallets, boxes, excluding cardboard, trays, plastic crates, intermediate bulk containers, drums and canisters, of all sizes and materials, including flexible formats.”
Article 26.13 specifies transport packaging from one company to another within a Member State: “From 1 January 2030, economic operators, including online platforms, delivering products to another economic operator within the same Member State shall use only reusable transport packaging for the purpose of the transportation of such products. This obligation applies to pallets, boxes, excluding cardboard, plastic crates intermediate bulk containers, and drums, of all sizes and materials, including flexible formats.”
A further article indicates that small companies (placing no more than 1000 kg of packaging on the market per calendar year, or defined as micro-companies) will be exempt from these obligations.
Article 27 is another important part of the PPWR proposal, as it specifies how companies need to calculate whether they adhere to the targets and how they need to demonstrate and report their adherence.
In 27.3 the proposal prescribes: “For the purpose of demonstrating the attainment of the targets laid down in Article 26(7) to (10), the economic operator using such packaging shall calculate, for each target separately, the following:
(a) the number of equivalent units of each of the packaging formats listed in Article 26(6) and (7) constituting reusable packaging within a system for re-use they used in a calendar year;
(b) the number of equivalent units of each of the packaging formats listed in Article 26(6) and (7), other than those indicated in point (a), that they used in a calendar year."
The establishment of detailed calculation rules and methodology regarding the targets mentioned above, has been drawn forward to 31 December 2026. “The obligation to demonstrate the attainment of the targets laid down in Article 26 shall apply from 1 January 2030 or [18 months] after the entry into force of the delegated acts referred to in subparagraph 1, whichever is later.”
The final relevant article we will highlight in this blog refers to reporting of “data concerning the attainment of the targets laid down in Article 26 for each calendar year”. Companies will have to submit their report “within six months after the end of the reporting year for which the data are collected. The first reporting period shall concern the calendar year starting on 1 January 2030.”
Article 28.4 goes on to specify that “the competent authorities shall establish electronic systems through which data shall be reported to them and specify the formats to be used.”
The importance of a reusable packaging registration system becomes clear in article 28.5, which states: “Competent authorities may request any additional information necessary to ensure the reliability of the data reported.”
While 2030 feels a lifetime away, it is important to be prepared and start really managing your reusable packaging by implementing a working packaging registration system.
PackControl is the most comprehensive reusable packaging registration software. This system already allows you to store all information and documentation regarding reusable packaging in a single system. It allows proper, correct administration of quantities, values and automation of rules, as well as calculation of costs and deposits and data analysis for management reporting.
In the coming months we will continue to closely observe the further developments surrounding the PPWR. Where possible, we will make sure PackControl can help you adhere to these future rules.
Explore PackControl, the most comprehensive reusable packaging registration system.
Photo by Christian Lue via Unsplash.com