24 April 2024

Integrating reuse and refill in the Global Plastics Treaty

Scientific research on plastics has seen considerable growth, technological innovations in
plastic management have made significant strides, and legislative frameworks have become
more robust over the last years. Yet, despite the increased awareness and efforts, global
plastic production — and the resulting pollution — continue to rise, with an expected 66%
increase in annual virgin plastic production by 2040 compared to 2019. Managing this
growing wave of plastics is proving increasingly difficult worldwide.

Plastic pollution is as a “glocal” crisis where local and global scales are intricately intertwined.
The impacts of plastic waste are felt acutely at local levels, affecting communities,
ecosystems, and local economies. At the same time, the production and distribution of
plastics are part of a vast global network, with materials and products crossing international
boundaries.

We need to move away from the waste-centric view of plastics, where the focus is primarily at
the end-of-life. This approach often leads to an overemphasis on downstream solutions such
as collection and recycling, while overlooking the broader implications of plastic production
and consumption. We advocate for a comprehensive approach that considers the entire
plastic value chain, from raw material sourcing to manufacturing, distribution, use, and
eventual disposal.

Today, between 40 and 50% of plastics are destined for packaging, being also the category
of products that ends up leaked into the environment. This means this sector is one that needs
to be prioritized for having an effective impact in reducing plastic pollution. In this sense, New
ERA advocates for the inclusion of policies promoting reuse and refill systems for packaging
within the treaty.

New ERA has identified five pillars that support the framework for the development of
effective and efficient systems for reuse and refill, enabling it to realize its full potential:

New ERA has identified five pillars that support the framework for the development of effective and efficient systems for reuse and refill, enabling it to realize its full potential:

1) Take-back obligation,
2) incentives,
3) mandatory targets,
4) consumer information, and
5) data collection, monitoring, and enforcement.

Each category provides recommendations based on the best practices of existing European legislation, as well as the insights and experiences from our members who have been operating in the reuse and refill market for years, decades in some cases.

Within the scope of an international treaty, New ERA believes that clarity and adaptability are essential to accommodate various sectors, formats, and differences in consumption patterns, geography, and infrastructure across different countries.

I. Efficient reuse and refill measures

1) Take-back obligation
Final distributors shall be obliged to accept, without charge, all reusable packaging of identical type, form, and size to the packaging they place on the market, within the designated reuse system at the point of sale. To be completely effective, this requirement must be passed on along the entire supply chain to ensure the packaging is duly returned so it can be introduced again on the market after washing/cleaning takes place.

📍 Note: This obligation ensures a high return rate by facilitating the consumer journey, echoing one of the pillars of the German packaging law (1991).

2) Incentives
The implementation of an effective incentive mechanism is paramount to foster a high return rate and encourage consumers to embrace the concept of reuse. Such a mechanism not only motivates consumers to participate actively, but also spurs businesses to integrate reusable packaging into their operations.

📍 Note: The standardized deposit system (for both single use and reusable packaging) implemented in Germany ensures one of the highest collection rates in Europe.

3) Mandatory targets
Establishing overarching quantitative objectives provides clear direction and long-term vision to the market, reducing risk for companies and for financial institutions willing to invest. While these targets can be customized for specific sectors, it is essential that countries have certain extent of flexibility to reflect their specificities and consumption behavior patterns.

📍 Note: Reuse targets are becoming more common across European laws addressing packaging waste. For example, in France, the Anti Waste and Circular Economy Law (2020) sets national reuse objectives: 5% of household packaging to be reused by 2023, and 10% by 2027.

4) Consumer information
Ensuring that consumers are well-informed about the availability of reuse and refill systems is essential for promoting their uptake and widespread adoption. Governments, economic operators and Producer Responsibility Organisations (PRO) have a shared responsibility in disseminating this information to the public. This effort involves implementing various communication strategies, including signage campaigns in-store information
dissemination, and clear labeling practices.

📍Note: The recently adopted Packaging and Packaging Waste Regulation in the EU mandates final distributors to offer and inform consumers at the point of sale about the possibility to bring their own containers via easily readable information boards or signs.

5) Data collection, monitoring, and enforcement
Gathering data and insights is necessary to effectively measure the impact of measures and adjust accordingly. The establishment of an entity, such as an observatory, holds significant promise for monitoring adequate implementation of legislation, mar et dynamics and institutionalising the principles of reuse and refill.

📍Note: The Packaging and Packaging Waste Regulation proposes the creation of an EU observatory. The French Climate and Resilience Law (2021) previews a similar provision.

Standardizing methodologies and calculation methods is essential for facilitating cross-border comparisons and sharing best practices globally. The implementation of sanctions is also crucial to ensure adherence to regulations.

📍Note: Monitoring and enforcement mechanisms are equally critical; they serve as pivotal components in overcoming implementation challenges, as observed in both Germany and France, where they have posed significant hurdles to the effective enforcement of national legislation.

II. Development of the reuse and refill industry internationally

Furthermore, to ensure the development of a robust reuse and refill industry, it is crucial to address the following aspects within the treaty.

1) Establishing a common terminology
It is essential to include definitions* in the treaty’s annex to clarify the terms used throughout the text, including:

    • Reuse: Any process or operation in which an item (e.g. packaging) is used again for the same purpose for which it was originally designed.
    • Reuse System: The organizational, operational, technical, or financial framework, including any necessary infrastructure and incentives, that facilitates and supports the reuse of products such as packaging.
    • Reusable Packaging: Packaging designed and introduced to the market with the intention of being used multiple times. This type of packaging is capable of being emptied, unloaded, refilled, or reloaded, while still maintaining its ability to perform its intended function.
    • Refill: operation by which a container, owned by the end user, is filled by the end user or by the final distributor with a product purchased by the end user.

2) Setting minimum requirements
It is imperative to ensure that reuse and refill are correctly understood and implemented:

    • Clear labeling for consumers: necessary to enable consumers to make informed choices, prevent greenwashing, and facilitate the return of packaging.
    • Design considerations: packaging design should prioritize maximizing the number of rotations and ensure recyclability at the end of life.
    • Safety regulations: rules for reusable packaging should be equivalent to those for single-use items, ensuring consumer protection and compliance with established standards.
    • Minimum rotation requirement: reusable packaging is introduced to the market to ensure it is effectively reused. The system must be designed to ensure that reusable packaging rotating within it completes at least the minimum intended number of rotations.
    • Guidelines for governance: this entails outlining the structure of governance for a reuse system, delineating the responsibilities of system participants, ownership arrangements, and any anticipated transfers of packaging ownership.

3) Financing
There are four main approaches that should be applied and implemented in parallel:

    • Extended Producer Responsibility (EPR) system: a portion of the funds collected through eco-contributions should be allocated to support reuse initiatives and infrastructure.

📍Note: In France, Citeo – PRO in charge of household packaging – is required to allocateat least 5% of its budget to the development of reuse systems and its infrastructure.

    • Government subsidies:  Reuse is not financed yet enough by public organizations as opposed to recycling. This support should encompass a wide range of activities, including but not limited to: infrastructure development, technological innovation, consumer education and awareness, regulatory compliance and standards enforcement.
    • Establishing clear objectives to facilitate financing: setting precise and binding objectives can stimulate private investment and provide market direction offering investors and businesses confidence to invest.

📍Note: The enactment of legislation mandating the incorporation of recycled materials in France made recycling sectors invest €656 million in 2022, representing a 20% increase compared to 2012.

    • Taxes: introducing a tax on single-use plastic packaging could help equalize costs with reusable alternatives.

📍Note: Spain adopted a tax on single use-plastic packaging made of virgin material in 2022. In Europe, there is a levy on non-recycled plastic implemented from January 2021. Each Member State needs to contribute to the EU budget with €80 cents per kilogram of unrecycled plastic packaging waste.

The treaty should serve as a guiding framework and common foundation for each country to embrace the concept and systems of reuse and refill. Subsequently, it is up to each country, within its national plans, to propose systems tailored to its specific circumstances to achieve globally established objectives. It would be highly beneficial to complement the treaty with guidelines, particularly focusing on sectors identified as priorities.

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