April 17, 2024

Building Unique Homes

Crafting Homes, Building Dreams

Plastic packaging producers want to remove material-specific rules in PPWR

2 min read

The Plastic-Discriminatory Provisions encompass various regulations that target plastic packaging or provide exemptions for other packaging materials. These provisions are categorized into four groups, addressing bans solely on plastic packaging, exemptions for specific packaging materials from design for recycling requirements and recycled content quotas, re-use requirements and quotas, and waste reduction targets.

The assessment evaluates the PPWR against applicable EU legal standards, particularly focusing on the principle of equal treatment and proper legislative procedure.

Substantive Legal Standard: The principle of equal treatment requires comparable circumstances to be treated equally, unless there is an objective justification for differential treatment. The Plastic-Discriminatory Provisions, by discriminating against plastic packaging without objective justification, likely violate this principle. Additionally, these provisions undermine the principle of material neutrality and are not covered by the EU legislature’s discretion.

Procedural Legal Standard: The EU principle of proper legislative procedure necessitates the consideration of all relevant factors and circumstances. However, many Plastic-Discriminatory Provisions were not included in the Commission’s Impact Assessment and lack specific justification in the drafts proposed by the EU Parliament and the Council of the EU. This indicates a failure to properly exercise discretion in the legislative process.

“It’s still not too late,” said Martin Engelmann, managing director of the German IK Industrievereinigung Kunststoffverpackungen. “We are calling on the Council and Parliament to remove the special rules for plastic packaging and exemptions for other packaging materials in the ongoing trilogue negotiations. This is the only way to create the legal and planning certainty that companies need for the transformation to a circular economy.” His colleague Bernard Merkx, director general of EuPC added: “Council and Parliament have so far ignored the existing scientific facts and findings on the benefits of plastic packaging in a climate-neutral circular economy. To make matters worse, the large number of plastic discriminations in the PPWR completely reverses the principle of material neutrality. The report shows the legislator clear limits.”

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