Businesses to cut down on single-use plastic by January 2030

The Malta Business Bureau (MBB) has expressed overall positive feedback on the final outcomes of the Packaging and Packaging Waste Regulation (PPWR), in its policy brief.

The European Commission initially proposed the PPWR in November 2022. However, at the start of 2024, the Council and the European Parliament approved a provisional agreement on the PPWR, aimed at cutting down packaging waste and promoting more sustainable materials across Europe.

Currently, EU lawyers are conducting legal scrubbing, with the final text of the law anticipated to be published by the end of 2024.

In light of the impact on Maltese industries like hospitality, manufacturing, and retail, the MBB created the policy brief to raise awareness about the outcomes of the legislations highlighting key provisions of interest to Maltese businesses.

Substances in packaging

The initial regulation set out by the Commission aims to restrict the use of particular substances found in packaging. This will be addressed by minimising the concentration of substances of concern, while strictly banning lead, cadmium, mercury, and hexavalent chromium in concentrations higher than 100 mg/kg.

The provisional agreement takes further action by requiring the commission to prepare a report by December 2026. This will assess the presence of substances of concern in packaging and its components, aimed at understanding their impact on material reuse, recycling, and chemical safety.

Based on these findings, the Commission has the ability to propose further measures. Furthermore member states also have the authority to request restrictions on substances affecting reuse and recycling.

The agreement prohibits the use of polyfluorinated alkyl substances (PFASs) in food contact packaging beyond specific limit.

This ban will be effective within 18 months of the regulation’s entry into force, aligning with efforts to limit ‘endocrine disruptors,’ which can affect human health.

Reacting to these provisions, the MBB takes a neutral stance. In-depth interviews with packaging and food manufacturers highlighted that these weren’t problematic. Despite this, it expressed its intentions in continuing the monitoring of developments vis-a-vis the possible restriction of additional substances down the line.

Recyclable packaging

The commission’s proposal highlights that all packaging placed on the market must be recyclable, meeting specific criteria by varying deadlines between 2030 and 2035. Such criteria include being intentionally designed for recyclability, feasibility for large-scale recycling, and ease to sort and seperate from other waste streams.

The provisional agreements, while maintaining the Commission’s objective, added criteria such as the ability to collect packaging separately without affecting the recyclability of other matierals.

Furthermore, it states that the secondary material used must meet quality standards sufficient to replace primary materials.

On the changes, the MBB noted the improved clarity on what will constitute recyclable packaging and “is therefore considered an improvement on the vague wording in the original proposal.”

However, it remarked that more fine detail still needs to be provided through supplementary legislation in the coming months and/or years.

Minimum recycled content in plastic packaging

The initial proposal set targets for the minimum proportions of recycled plastic that packaging components should contain, varying based on the type of packaging. This aligns with the Single-Use Plastics Directive, which similarly implemented measures specifically for PET bottles.

While this was maintained, the provision introduced a minimum three-year transition period to allow packaging manufacturers sufficient time for implementation.

The targets include a 30 per cent recycled plastic content goal for contact-sensitive packaging and single-use plastic beverage bottles, and 35 per cent for other plastic packaging. Higher targets are expected to apply by 2040.

Moreover, derogations have been introduced, covering compostable packaging, packaging used for transporting dangerous goods, contact-sensitive food packaging for children, medicinal packaging, and any plastic part representing less than five per cent of the total packaging weight.

“The provisional agreement better aligns targets with the existing Single-Use Plastic Directive and affords businesses at least three years for implementation. This is directly in line with MBB’s advocacy efforts in favour of sufficient transition periods,” MBB said.

Packaging minimisation

The regulation implements measures to minimise the empty space found in packaging and eliminate additional features that serve no practical purpose but contribute to increased waste. These include elements designed to create a larger perceived volume for the product, such as double walls, false bottoms, and unnecessary layers.

Provisional agreements include a transition period until 1st January 2030 to take effect.

In addition, derogations have been introduced for packaging protected by trademarks or similar design rights and those for products associated with geographical indicators.

However, these derogations apply only if the packaging design significantly impacts its novelty, individual character, or distinguishes the product from others in the market.

The agreement will also see to an increased permitted empty-space ratio of 50 per cent by 1st January 2030.

This was deemed positive and an improvement by the MBB as it aligns with its advocacy efforts. It also noted the added flexibility for manufacturing and producers when marketing their products.

Ban on the use of single-use food containers at establishment’s premises

Single-use containers such as plates, trays, and sachets will be prohibited from being served by food establishments, if the customers are dining on the premises.

Also starting from 1st January 2023, the ban will be further extend to single use plastic portions of sauces, condiments, preserves, seasoning, and coffee creamers.

However, packaging made from materials other than single use plastics will continue to be allowed. Furthermore, member states have the option to exempt micro-enterprises from these bans.

Provisions have obliged the Commission to periodically review the rules, potential introducing derogations and bans.

These particular terms were deemed as slightly negative by the MBB. It notes that while the long transition period has been included in the provisional agreement, “the issue of what constitutes as premises” is left unaddressed.

Here, it made reference to establishments like lidos, beach bars, kiosks, and their respective encroachment areas.

Additionally, members of MBB have flagged the reusable options requirement as more challenging due to staff shortages and potential theft.

Ban on single-use mini toiletry and cosmetic packaging in hotel rooms.

The regulation sets out the ban of mini toiletry and cosmetic packaging for products under 50ml or 100g, often found in hotel rooms, to promote the use of refillable options.

In line with MBB’s advocacy efforts, the provisions state that starting from 1st January 2030, single-use packaging referenced in the regulation will be prohibited irrespective of the material. Beyond the Commission’s proposal, the ban doesn’t consider the weight or volume of products but instead targets single-use items intended for individual bookings.

High packaging reuse targets for food and beverage sold for take-away

Proposals outline ambitious targets for packaging container reuse across different product categories, with targets to increase gradually and to reach as high as 80 per cent by 2040 for take-away hot and cold baverages.

Further expanding the regulation, the agreement states that within 24-months of it coming into force hotels, restaurants and cafés/ catering (HORECA) establishments must accept customers’ own food and baverage containaers for takeaway, without additional charge.

Nonethless, establishments can also decline containers that they deem as unhygienic or unsutable.

Starting in 2030, the agreement highlights that establishments are encouraged to provide 10 per cent of their takeaway products in reusable containers, with the exception of microenterprises.

Consequently, the agreement does not impose strict refill or reuse targets for food and beverage takeaway but instead emphasises giving customers the option to use own containers or select a reusable container provided by the establishment.

While acknowledging the lenient approach for reusable and refillable containers, as well as the stringent targets for each product type, MBB also recognised the fact that economic operators will not be held liable for hygiene or food safety issues arising from containers provided by the end user. However, MBB noted that it remains unclear how disputes regarding such issues will be resolved.

EP amendment on tap water for customers in catering establishments

An amendment unilaterally introduced by the European Parliament requires restaurants, canteens, bars, cafés, and catering services to offer tap water either for free or at a minimal service fee.

The provisional agreement will see that member states incentivise restaurants, canteens, bars, cafés and catering services to serve their customers, where available, tap water for free or for a low service fee, in a reusable or refillable format.

The MBB, has called for further clarity on how this will be implemented in practice and what obligations shall fall on operators.

“MBB’s position is that such issue is better governed by the existing Drinking Water Directive, whereby member states are ecouraged to promote the free provision of tap water in restaurants according to their local, geographical and cultural circumstances,” the bureau stated.

Ample discussions and stakeholder consultaitons were held at the time of the revision of the directive.