In our policy block this time, we look at new events, regulations and deadlines relating to the Ecodesign Regulation (ESPR), the latest on the PPWR, the Corporate Sustainability Due Diligence Directive (CSDDD), the EU Deforestation Regulation (EUDR), the current version of the minimum standard for determining the recyclability of the ZSVR, the regulation on the use of bisphenol A (BPA) and the introduction of the plastics tax in Italy and Germany. We also provide you with a detailed report on the EU plastic tax with a European overview.
Ecodesign Regulation (ESPR) published
The new Ecodesign Regulation for Sustainable Products (ESPR) was published on 28 June 2024. This is the final step in the decision-making process.
The ESPR sets out the requirements for sustainable products. It came into force on 22/07/2024. The transitional period ends on 22/07/2026.
The regulation replaces the existing Ecodesign Directive and extends its scope beyond energy products to all types of goods placed on the EU market.
Packaging machine construction is also affected by the new eco-design regulations. The issue of “colours and chemicals” in connection with Article 5 of the PPWR (substances of concern) is also something to keep an eye on.
- The ESPR aims to establish ecodesign requirements that products must fulfil before they can be placed on the market or put into service, to improve the environmental sustainability of products and reduce their overall carbon and environmental footprint during their life cycle.
- The regulation instructs the European Commission to adopt a work plan that defines the products that are to be subject to the requirements of the regulation as a matter of priority.
- The following products have been prioritised for the first work plan to be drawn up (2024-2027): iron, steel, aluminium, textiles, furniture, tyres, detergents, paints, lubricants, chemicals, ICT products and other electronic and energy-related products that need to be revised or redefined.
- An important and demanding part of this regulation is the creation of digital product passports containing information on materials, repair and recycling instructions as well as environmental compatibility.
Latest news from the PPWR
At the beginning of September, the current version of the PPWR from the corrigendum procedure was sent to the parliamentarians and the member states. As the name suggests, the corrigendum procedure serves to correct spelling mistakes, incorrect references etc. and not to correct the content. Many had hoped that the transport – reusable routes in Article 29 would be corrected as part of this procedure. At the beginning of July, for example, 20 German trade associations called on both the EU Commission President and the German government to delete the provisions in Article 29 (1) to (3). The associations argued in favour of a new proposal based on a well-founded impact assessment. Similar initiatives have also become known in Italy. This would have been too great an intervention in terms of content, however, and so only the target year (01.01.2030) was added in Article 29 (2), which had been missing until then. The changes to Article 29 must be made as part of an amendment to the PPWR through the normal EU parliamentary procedure.
Minimum standard for determining the recyclability of the ZSVR
The Central Agency Packaging Register (ZSVR) has published the 2024 edition of the minimum standard for assessing the recyclability of packaging.
- The latest survey by the German Environment Agency (UBA) on the practice of sorting and recycling packaging concludes that the capacities for previously non-recyclable packaging materials from recycled liquid packaging board have increased significantly compared to the 2023 minimum standard. Sorting and recycling plants were able to recycle significantly more plastic and aluminium components into high-quality materials.
- In addition, sorting plants for lightweight packaging (LVP) are also increasingly able to sort small-format flexible PE films and make them available for recycling.
The new minimum standard brings with it some exciting changes.
- One of the changes concerns the previously mandatory individual verification of plastic and aluminium content in liquid cartons. In the future, this will only be recommended.
- In addition, the size criterion as a prerequisite for high-quality recycling of flexible plastic films has been cancelled.
Italy and Germany postpone the introduction of the plastic tax
On 16th of May 2024, the Italian Senate voted to postpone the introduction of a tax on plastic packaging for a further two years until 1 July 2026. The proposed tax is to be levied according to a similar model to the Spanish plastic tax, with the tax rate set at €0.45/kg of virgin plastic in Italian legislation. The tax would apply to plastic products such as bottles, bags, food containers, bubble wrap, caps and other single-use plastic items. Recycled plastics and compostable plastics are exempt from the tax.
In Germany, the tax has been postponed from January 1st 2025 to January 1st 2026 – an overview article on the various approaches to implementation in the area of plastics tax can be found in the Focus article in this newsletter.
Corporate Sustainability Due Diligence Directive (CSDDD) adopted
Just a few months ago, it looked as if the European Supply Chain Directive (CSDDD) would not be adopted. However, after some important changes had reduced the number of companies affected, it was finally adopted.
- Since July 25th the CSDDD has been an official law and the EU Commission has published FAQs to summarise the rules.
- The member states must transpose the regulation into national law by July 2026.
- The first group of companies (5000 employees or more) must comply with the CSDDD by July 26th At the end of 2029, all companies with more than 1000 employees must report in accordance with the CSDDD.
- Many of the reporting obligations are already covered by the reporting standards under the EU Corporate Sustainability Reporting Directive (CSRD). There should be no duplication of reporting obligations. See also the focus article in the Sustainability section of our newsletter.
Deadline for compliance with the Deforestation Regulation (EUDR) is approaching
The approaching deadline (December 2024) for compliance with the EU Deforestation Regulation (EUDR) is causing an international uproar. The USA is joining a growing chorus of nations questioning the fairness and feasibility of the regulation and calling for a delay. At the request of Bavaria, the German Bundesrat has also called on the Federal Government to intervene in Brussels.
So far, however, the EU has maintained its course. EU Environment Commissioner Virginijus Sinkevičius said: “We are hearing from some stakeholders that preparing for implementation could be a challenge. However, we also see encouraging signs in many sectors and countries that are working to adapt to the EUDR requirements.”
The major cocoa producers Ghana and Ivory Coast, for example, have prepared for the EUDR and expressed “great concern” about the demands for a delay.
New draft regulation of the EU Commission on the use of (BPA)
There is a new draft regulation on the use of bisphenol A (BPA) and other bisphenols and bisphenol derivatives with harmonised classification for specific hazardous properties in certain materials and articles designed to come into contact with food. The new draft is intended to amend Regulation (EU) No 10/2011 and repeal Regulation (EU) 2018/213. You can view the new draft here.
One of the changes compared to the previous draft is the complete deletion of the previous Article 5 “Monitoring and reporting on results”.
Following the consultation, the draft is currently in the second round. It is expected to be published in the fourth quarter of 2024.
