1. Reuse targets, refill and restrictions on certain packaging formats

Ensuring fairness and environmental impact 

To avoid distorting competition, it is imperative to limit the numerous exemptions proposed by the Parliament. A harmonized foundation is essential for all sectors, ensuring fairness and allowing Member States to achieve packaging waste reduction objectives. Additionally, refill plays more of a role of waste prevention, so the targets should prioritize reuse, especially for beverages and takeaway (sector recommendation). New ERA calls for : 

• • Takeaway: Retain the targets for ready-prepared food and drinks (Council & Commission proposal: article 26.2/3). 
  • Beverages: Include milk and wine, and clarify what is meant by perishable drinks (Commission proposal: article 26.4/5/6). 
  • Transport, stabilization, large household appliances, and grouped packaging: Include cardboard (sector recommendation) and maintain packaging formats in direct contact with food (Council & Commission proposal: article 26.7/12/13).
  • Single-use packaging ban in the HORECA sector: Keep the restriction of disposable containers for onsite consumption of food and drinks in HORECA establishments (Council & Commission proposal: Annex V.3).

2. Derogations to meet reuse targets:

Respecting the waste hierarchy for practical implementation 

Derogations play a pivotal role in shaping a regulation that is both implementable and enforceable at the European level to gauge its impact. The multiple proposed derogations present loopholes that complicate the application of the text and void its substance. New ERA opposes these exemptions, in particular: 

• • If a life cycle assessment does not prove that reuse is the environmentally superior option (Parliament proposal: article 26.15). 
  • If a Member State reaches 85% recycling rate for a packaging material or format and the 85% rate of separate collection for packaging material in a Member State (Parliament proposal: article 26.13.a/15a). 

3. Flexibility for ambitious Member States: 

Empowering innovation within harmonization 

The PPWR is a regulation based on the internal market, meaning it aims to harmonize packaging management rules across the 27 Member States. While recognizing the importance of applying common rules, it is crucial that this approach fosters efficiency and synergies without stifling innovation or ambition. New ERA asks for: 

• • Enabling Member States to set targets for reusable packaging going beyond what is established in the PPWR, allowing both higher targets and adding new ones (Council proposal: the term “at least” added for each reuse target, plus article 26.15/15aa). A similar approach should also be taken into account for article 22 concerning restrictions on the use of specific single-use packaging outlined in Annex V (sector recommendation). 

4. Requirements for reuse systems: 

Crafting frameworks for effective reuse systems 

For the full potential of reuse systems to be realized, it is crucial to define the basic rules for the management of those systems. However, the definition of this framework must be crafted with precision, considering the significant disparities and contexts across the different EU countries. Moreover, reuse systems exhibit wide diversity based on their application. Governance structure, logistics, or the refurbishing of packaging can vary depending on the type of reuse system, be it transport packaging or sales packaging for beverages. This is why New ERA advocates for: 

• • Take-back obligation: final distributors are obliged to take back reusable packaging for takeaway and beverages in the same format as they were placed in the market (Council proposal: article 26.13b). 
  • Minimum rotation requirement: the Commission shall adopt a delegated act specifying the number of rotations two years after entry into force (Parliament proposal: article 10.1.b). 
  • Financing reuse systems: EPR and deposit return schemes shall allocate a minimum share of their budget to invest in reuse infrastructure and the deployment of reuse systems (Parliament proposal: article 45.2.b). The minimum allocation should be explicitly defined within the text, aiming for a 20% of the eco-contribution fees (sector recommendation).
  • Requirements specific to reuse systems and refill stations should be kept to a minimum, focusing only on the essential requirements relevant to the management of all reuse systems (sector recommendation: Annex VI).