Extended Producer Responsibility When and how?

Monika RomenskaRegulatory &PA Manager

EXPRA in a nutshell

26 M

EMBE

RSin

dus

try-o

wne

d, n

on-p

rofit

25 of experience and expertise in the waste management field

HAVE

YEARS

over

200 with packaging collection, sorting and recycling infrastructure

PROVIDE

MILLION PEOPLE

over

20 of packaging every year

ENSURE RECYCLING AND RECOVERY

MILLION TONNES

of o

ver

Over 6 years existence

Our Members – non-profit 26 PROs

Fost Plus Belgium

VAL I PACBelgium

Ecopak Bosnia and

Herzegovina

EcoPack Bulgaria

EEQ Canada

Green Dot Cyprus

EKO KOM Czech

Republic

ETO Estonia

RINKI Finland

Herrco Greece

Öko Pannon Hungary

IRF Iceland

TAMIR Israel

CONAI Italy

Valorlux Luxembourg

PAKOMAK Macedonia

GreenPak Malta

Nedvang Netherlands

Grønt Punkt Norway

ECO-ROM Romania

ENVI-PAK Slovakia

Slopak Slovenia

Ecoembes Spain

Ecovidrio Spain

FTI Sweden

CEVKO Turkey

Detailed info about each member of EXPRA: http://www.expra.eu/uploads/Brochure-Expra-2018F3.pdf

EPR’s role in a circular economy

Contract agreements

Financed byfees

EPR Packaging Recovery Organisation

Retail trade

Local Authority’s Waste Management CompanyCollection & Sorting

Recycling/ recovery

Material for new products

Packagingmanufacturer

Filler/bottler

Packed product

Consumer

New products

SortingOpe

ratio

nal

AN

D fin

anc

ial

resp

onsib

ility

Implementation of the Packaging Directive

3 countries without any compliance scheme =>

TaxesDenmark, Hungary, Croatia

Trading of certificatesUK, (Poland)

30 with Producer ResponsibilityAustria, Belgium, France, Spain, Germany, Ireland, Cyprus, Luxembourg, Portugal, Sweden, Greece, Latvia, Malta, Lithuania, Czech Republic, Slovak Republic, Italy,

Slovenia, Estonia, Romania, Bulgaria, Turkey, Norway, Finland, Serbia, Israel, Netherlands, Poland, Macedonia, Bosnia I Herzegovina

36 European Countries

Tax versus EPR continuous discussion

Ukraine, Russia ?

1 country with Fund Scheme run by industry

Iceland

EPR - several ways of implementation

EPR System in hands of obliged industry

(BE, ES, IT, NL, NO, CZ, FR, IE, PT)

Competing PROs (DE, PL, RO, BG, ….)

‘Tradable Credits’ Model with several

traders (UK)

Several PRO‘s sharing infrastructure

(DE, AT)

PROs acting in different areas

(BG)

PROs have established parallel

infrastructure (EE)

Operational responsibility fully

with local authorities (FR, NL, CZ)

Collection and sorting with local

authorities (BE, ES, IT)

EPR system in parallel to a deposit system (DE, NO, SE, FI, EE)

One comprehensive system for all (household) packaging

(e.g. BE, FR, ES, IT)

Household & ICI Packaging treated

differently(DE, FR, BE, ES)

Same rules for all packaging

(e.g. IT, CZ, SK, RO)

Full cost approach (e.g. DE, AT, BE, SE)

Shared cost approach

(e.g. IT, ES, FR)

Incentive cost approach

(UK)

No operational responsibility for local

authorities (e.g. DE, AT, SE)

Overall Recycling Quotas in 2017 old measurement point

Plastic Recycling Quotas in 2017 old measurement point

The Waste Legislation Review – what role for EPR?❖ The waste legislation review should harmonize EPR across the EU. ❖ The minimum requirements touch upon:

❖ Defining roles and responsibilities of all stakeholders❖ Establishing a reliable reporting system and ensuring information

transparency❖ Full Cost coverage (closed list)❖ Eco Modulation of the EPR fees taking into account for example

recyclability❖ Monitoring and enforcement framework (including self-control

mechanism)❖ Independent body to monitor, control and steer in case of competing

PRO’s by an authority (like in Austria) or an foundation (like in Germany)

EPR and the new Waste Legislation

EPR minimum requirements Higher targets

Recycling calculation

much stricter

Data & Reporting

harmonisation

Packaging put on the market

Eco Modulation of

EPR FeesSingle Use

Plastics

EU Recycling Targets

What is measured as recycled?CP definition 2005  (Decision 2005/270)The weight of  recycled packaging waste shall be the input of packaging waste to an effective recycling process.

CP definition 2018  (PPWD 2018)the weight of packaging waste recycled shall be calculated as the weight of packaging that has become waste which, having undergone all necessary checking, sorting and other preliminary operations to remove waste materials that are not targeted by the subsequent reprocessing and to ensure high-quality recycling, enters the recycling operation whereby waste materials are actually reprocessed into products, materials or substances.

MP definition 2005 (Decision 2005/270)If the output of a sorting plant is sent to effective recycling processes without significant losses, it is acceptable to consider this output to be the weight of recycled packaging waste.

MP definition 2018 (PPWD 2018)The weight of the packaging waste recycled may be measured at the output of any sorting operation provided that: (a) such output waste is subsequently recycled; (b) the weight of materials or substances that are removed by further operations preceding the recycling operation and are not subsequently recycled is not included in the weight of waste reported as recycled.

CEP Update

Delegated act for establishing rules for average loss rates for sorted waste

Implementing act on calculation, verification and reporting of data, in particular as regards the

weight of packaging waste generated

• Ongoing, next EC meeting with Member States scheduled for 11 December

Waste Directives - Delegated & Implementing Acts

• Finalised, published in the OJ on 26 April

EPR Study

Necessary costs

Free riding & online-sales

Eco-modulation & Essential requirements

• Carried out by Eunomia• To be finalized by end 2019

*Litter clean up costs to be included

Eco Modulation of EPR FeesDraft Recommendations by the consultants of the EC (Eunomia):

STEP 1: More accurately reflecting net costs to all relevant packaging sub-categoriesSTEP 2: Account for contribution towards recycling target

▪ Apply a penalty fee to all formats recycled at a lower rate than the average for that material type

▪ If the recycling rate for plastic packaging as a whole were 50%, a format that achieves just a 30% recycling rate will pay a penalty fee (i.e. €x/tonne) for each tonne ‘unrecycled’ between the format’s recycling rate of 30% and the average recycling rate for plastic packaging of 50%.

▪ These fees, collectively, would be returned back to those performing above the average in line with the tonnage above the average recycling rate.

STEP 3: Modulation within specific categories ( Traffic Light Approach)▪ Achieve a YES for all relevant aspects are eligible for a bonus;▪ Achieve a YES in some aspects but achieve a CONDITIONAL in anyaspect will

face the standard fee; and▪ Achieve a NO in any individual aspect are subject to a malus

Eunomia’s proposal on Essential Requirements

• Essential requirements:Positive list to regulate what is put on the market via an objective methodology such as one based on the target;

Negative list to rule off the market based on disruptive elements of packaging to recycling processes;

Both lists to be review every 3 years through an expert technical committee;

Links to eco-modulation:• Negative list aligned to ‘red’ list in recyclability definition• Potential requirement for negative listed packaging to only be placed

on the market if a fee to EPR schemes of at least e.g. €1,500 per tonne is paid

IA assessment required prior to legislative process kicking off

Essential Requirements

WFD IA, DA & guidelines

Timeline

Publication in OJWFD &PPWD

30 May 2018

DA on establishing rules for average loss rates for sorted

wasteEnd 2019?

March 2020Published in OJ April 2019

IA on calculation, verification and reporting of data, in

particular as regards the weight of packaging waste generated

2020 2021

March 2020

20232019

March 2020

2018

Guidelines on modulated fees &

possible Implementing Act

Guidelines for EPR, free riding

and online sales

Tran

spo

siti

on

dea

dlin

e 5

Ju

ly 2

020

Guidelines on necessary costs

2020

Reopening of PPWD:

Revision of the essential requirements for placing packaging on the market

Art

. 8a

Tran

spo

siti

on

dea

dlin

e 5

Jan

uar

y 20

23 f

or

EPR

sys

tem

s es

t. b

efo

re 4

Ju

ly

2018

2022

2020?

IA on Essential requirements

Single Use Legislation

Timeline

Publication in OJEntry into force (20 days after publication)

5 June 2019

Implementing act on separate

collection targets for bottles

Q2 2020

Q2 2021

Transposition deadline

Guidelines on litter clean-up

costs

2023 (presumed)

Q2 2020

Guidelines on single-use products

2020 2021

Q2 2020

IA on harmonized specifications for

marking requirements

20232019

IA on calculation and verification of

consumption reduction

Q4 2020

IA on calculation and verification of recycled content

Q1 2022

2022

Single Use Legislation

Ramboll’s study

First workshop with Ramboll on 15 October with EXPRA participationPreliminary results from first questionnaires (Work Package 1 – definitions of SUP products) were sharedDiscussions were not so fruitful – many stakeholders questioned the SUP in generalA workshop will be organized in approximately 6 months to finalise the guidelines (in addition to dedicated workshops on the different WPs)

Secondary legislation & guidelines Focus across 7 main areas:

Product scope identification and definitionHarmonised marking on certain SUP productsCalculation and verification of separate collection targets for plastic beverage bottles, formats for reportingReporting of data on post consumption waste of tobacco productsCalculation and verification of consumption reduction, reporting of dataDevelopment of guidelines on litter clean-up costs

Circular Plastic AllianceThe declaration describes the alliance's vision for more recycled plastics in Europe, as well as the alliance’s commitments to reach the EU target. Namely, that 10 million tons of recycled plastics find their way into products in the EU by 2025. Over 100 companies, business organisations (including EPRO and EXPRA) and public authorities already signed the declaration, as well as standardisation bodies and research and technology organisations

(Plastic) policies and legislationComparing targets

PPWD SUP EU Plastics Strategy Circular Plastics Alliance European Plastics Pact

Targets

65% recycling of all packaging waste by 2025

77% collection of plastic beverage bottles by 2025

By 2030, all plastics packaging placed on the

EU market is either reusable or can be recycled in a cost-effective manner

By 2025, 10 million tonnes of recycled plastics to be used

in European products

By 2025, all single-use plastics products and

packaging will be reusable or at least 100% recyclable

70% recycling of all packaging waste by 2030

90% collection of plastic beverage bottles by 2029

By 2025, 10 million tonnes of recycled plastics find their way into new products on

the EU market

  Net reduction in use by 2025 compared to 2017

50% recycling of plastic packaging by 2025

25% of recycled content in plastic beverage bottles by

2025 

At least 70% of all single-use plastics products are

recycled to a high standard

55% recycling of plastic packaging by 2030

30% of recycled content in plastic beverage bottles by

2030 

30% recycled content in single-use plastic products

and packaging by 2025

     

Specific targets for: PET bottles 55%; Milk bottles

45%; PE bottles 30%, PET trays 55%; PP PTTs 20%; PE

films 18%

Plastics policies and legislationPPWD SUP EU Plastics Strategy Circular Plastics Alliance European Plastics Pact

Revision of the Essential Requirements and guidelines

on eco-modulation of EPR fees in view of improving

design for packaging recyclability

Extension of EPR principle to cover litter clean-up costs

for, inter alia, food containers, wrappers and

packets, beverage containers, cups for

beverages, lightweight plastic carrier bags

A pledging campaign by industry to develop the market for secondary

plastics

Contribute to the update of CEN and industry standards on recyclability and related

ones 

Pledging event in Autumn 2019 and European Plastics Pact by early Spring 2020 

Implementation of secondary legislation on the calculation of recycling rates

with drastic consequences

The Commission shall publish guidelines for criteria on the

costs of cleaning up litter

Revision of the Essential Requirements and guidelines

on eco-modulation of EPR fees in view of improving

design for plastics packaging recyclability

Set up a harmonised EU value chain voluntary system

to monitor volumes of recycled plastics used in European products. The

system will be transparent, trusted and ensure

traceability of the data

Review of reuse policies with a view to setting up

legislation to promote reuse 

Establish a private-led fund on the model of EPR for financing investment in

innovative solutions and new technologies aimed at

reducing the environmental impact of primary plastic

production

   

The new challenges I ❖ Very high recycling targets

❖ Plus a new measurement point what is counted as recycled

❖ Need for reliable data collection, traceability and monitoring will increase dramatically, so much more data has to be reported by obliged industry and much more data and info has to be collected from recyclers and end markets

❖ A new kind of target (namely a 90% „separate“ collection target) only for PET bottles;

❖ Full coverag of the „necessary“ (netto) costs for collection, sorting, treatment, communication plus cost coverage for cleaning up litter (partly, fully, jointly, still unclear)

❖ Eco modulation of EPR fees to stimulated packaging easy to recycle

The new challenges II

❖ New definition of „recyclable“ coming up (Essential requirements)

❖ Ban of non-recyclables in the future (2030)

❖ A relation like twins with the local authorities who are crucial for the success of every collection system

❖ Certain products and packaging will be banned or consumption should be reduced (of the packaging or of the product???)

❖ Mandatory design demands to bottles („tethered caps“)

❖ Increased EPR fees will lead to increased incentives to free ride (especially online sales!)

But, great opportunities and consequences

❖ THE opportunity to get the legislation right in many countries because of the implementation of Art 8a -> obliged industry has NOW to be pro-active in every country

❖ The high targets in general plus the litter pressure will need an extensive collection infrastructure not only at home but everywhere (near households, where we work, out of home, HORECA and for all commercial packaging)

❖ The high targets in general plus the eco modulation of fees plus the „damocles sword“ of bans for packaging will lead to much more recyclable packaging

❖ Municipalities will have to introduce separate collection of bio-waste plus the pressure to reduce landfilling which will boost the collection of valuables especially packaging

❖ Innovation in collection („iBins“), sorting & recycling (chemical recycling) coming up

This will lead to a boost of collection and recycling while reducing litter

Can we achieve and deliver?

❖ We need now very quickly reasonable guidelines and acts from the European Commission

❖ We need the implementation of all new directives into national law as soon as possible using best practices and avoiding new experiments

❖ We need an immediate enforcement of the new rules❖ We need concerted action of industry in each country together with their

EPR system to upgrade their infrastructure❖ EPR systems and industry have to work on design for recycling to make as

much packaging really recyclable ❖ The value chain of each packaging type has to work on solutions for each

type of their packaging to ensure enough uptake

A collaborative project of companies representing the entire value chain of flexible packaging

The CEFLEX Stakeholders represent:

✔ >140 companies and associations

✔ Representing the WHOLE flexible packaging

value chain

✔ Combined global turnover of > 800 Bn €

✔ 4 of the top 6 PO producers globally

✔ > 80% of the film producers/converters of

flexible packaging in Europe

✔ 4 of the top 5 Global Consumer Goods

companies

✔ Many of the world leading packaging waste

management companies

29

EXPRA P4R Packaging for recycling

30

Awareness-rasing, eduaction and communication campaigns – only all together we can succeed!

Grønnt Punkt Norway Plastics PledgeCOMPANIES THAT TAKE THE PLASTICS PLEDGE COMMIT TO:

Increase the use of recycled plastic in its own packagingThe company sets ambitious targets for the proportion of its own packaging that should be made of recycled plastic by 2025/2030. The goal is not binding, but should serve as a management tool.

Reduce unnecessary use of plasticThe company will work actively to reduce the use of plastic. Since no companies are equal, each company sets its own goals based on its assumptions. Get good help getting started at avfallsguiden.no

Design for recyclingThe company should keep itself up to date on design for recycling, for example by attending the professional days organized by us. The professional days will be an important arena for knowledge sharing, both between and across industries.

The companies undertake to annually report measures and results to Grønnt Punkt Norway.

PARTNERSHIP IS KEY TO SUCCESS

Contact

EXPRA aisbl2 Avenue des Olympiades1140 Brussels – EvereBelgium

Back-up and background slides

Calculation point per material

Implementation of the Packaging Directive

3 countries without any compliance scheme =>

TaxesDenmark, Hungary, Croatia

Trading of certificatesUK, (Poland)

30 with Producer ResponsibilityAustria, Belgium, France, Spain, Germany, Ireland, Cyprus, Luxembourg, Portugal, Sweden, Greece, Latvia, Malta, Lithuania, Czech Republic, Slovak Republic, Italy,

Slovenia, Estonia, Romania, Bulgaria, Turkey, Norway, Finland, Serbia, Israel, Netherlands, Poland, Macedonia, Bosnia I Herzegovina

36 European Countries

Tax versus EPR continuous discussion

Ukraine, Russia ?

1 country with Fund Scheme run by industry

Iceland

EPR - several ways of implementation

EPR System in hands of obliged industry

(BE, ES, IT, NL, NO, CZ, FR, IE, PT)

Competing PROs (DE, PL, RO, BG, ….)

‘Tradable Credits’ Model with several

traders (UK)

Several PRO‘s sharing infrastructure

(DE, AT)

PROs acting in different areas

(BG)

PROs have established parallel

infrastructure (EE)

Operational responsibility fully

with local authorities (FR, NL, CZ)

Collection and sorting with local

authorities (BE, ES, IT)

EPR system in parallel to a deposit system (DE, NO, SE, FI, EE)

One comprehensive system for all (household) packaging

(e.g. BE, FR, ES, IT)

Household & ICI Packaging treated

differently(DE, FR, BE, ES)

Same rules for all packaging

(e.g. IT, CZ, SK, RO)

Full cost approach (e.g. DE, AT, BE, SE)

Shared cost approach

(e.g. IT, ES, FR)

Incentive cost approach

(UK)

No operational responsibility for local

authorities (e.g. DE, AT, SE)

Measurement Point

non-packaging waste

By-products

other input (even rain!)

packaging waste from

other countries

R1 or D10

Non-recyclable plastics

Recycling operationSorting

Other impurities

Secondary material (product)

Incoming stock

Possibly: Mixing

Possibly: Individual

quality selection

Trade By-products

Non-recyclable plastics

Other impurities

R1 or D10R1 or D10R1 or D10Other recyclers

Other recyclers

X

Collection

Acceptance for recycling or

rejection

Collection without sorting (e.g.

packaging glass)

end of scope of EPR

Certification

R e c y c l e r

Current New definition

New practice*

Glass / metals:End of Waste

* In some cases, e.g. plastic flakes as a final product (PET), glass cullet,

metal scrap, sorted wood

Definition WFD/PPWD: ‘recycling’ means any recovery operation by which waste materials are reprocessed etc. etc.

New practice*

What has to be calculated is not anymore waste, but a product, and/or beyond the recycling operation for- Glass cullet (End of Waste)- Metal scrap (End of Waste)- Plastic (PET) flakes (after recycling operation)

Who are the recyclers?- Glass: the companies that produce cullet (see also the

FERVER website). - Plastics: the companies that produce flakes, resin,

agglomerate or other plastic products directly from waste (see also the PRE website)

- Metals: companies producing scrap qualities

EXPRA – External Activities

EU coordination group for the Circular Economy Stakeholder

platform (via EcoEmbes)

EU expert group "Support to Circular Economy Financing“

OECD EPR Expert Group

Food SCP RT Steering Committee &

Working Groups

CEFLEX Steering Committee & Working

Groups

EPS SURE LIFE PROJECT Advisory

Board

ISWA STC / ISWA WG Governance &

Legal Issues / ISWA Marine Litter Task

Force

Clean Europe Network friendship

EXPRA beliefs : How to make EPR successful? (1)

EPR is one tool within a comprehensive policy approach;

Different stakeholders should have clear roles to play, ensuring no conflict of interests!;

EPR organisations should be run by obliged companies on a not-for-profit basis;

Focus on separate collection and collection infrastructure for inhabitants is key for the success of the system!

EXPRA beliefs : How to make EPR successful? (2)

Ensure transparency of operations and data;

Calculate the fees for all materials covered in a fair manner;

EPR organisations should control the use of the fees collected, and influence infrastructure design if necessary;

Packaging optimisation, design-for-recycling, clear communication and education of inhabitants and company representatives are essential parts of successful EPR systems

Continuously improve system performance;

Our EXPRA mission

To enable members to continuously improve their

services by ensuring low costs to their client companies and convenient infrastructure for

inhabitants

To promote a sustainable and

efficient, not-for-profit/profit-not

-for-distribution EPR scheme, driven by the obliged industry and offering a service of public or collective

interest.

To provide a platform for

exchange of experience and know how for our members but also

for other stakeholders

42

THANK YOU!