French National Council (CNE) – All rights reserved – February 2019

1

FRENCH PACKAGING COUNCIL

PARTNERS FOR THE BETTER OF PACKAGING

Recycled materials and packaging: State of play,

Advantages, obstacles, issues and prospects

French National Council (CNE) – All rights reserved – February 2019

2

1. Introduction 3 A word from the President 3 Summary 4 Objectives 4

2. STATE OF PLAY 5 2.1 Regulatory context 5 2.2 Deposit of the packaging placed on the French market 6 2.3 Recycling rate in France 6 2.4 Consumer acceptability 7

3. ADVANTAGES related to the use of recycled materials in packaging 8 3.1 A real contribution to the circular economy 8 3.2.2 Innovation driver 13 3.3 Positive communication 13

4. OBSTACLES related to the use of recycled materials in packaging 14 4.1 Food contact 14 4.2 Economic cost, source and European harmonisation of rules 17 4.3 Traceability 18 4.4 Analytical control of the recycled content 18 4.5 Other obstacles to the incorporation of recycled materials 19

5. PROSPECTS linked to the use of recycled materials in packaging 21 5.1 Reducing the environmental impact 21 5.2 Empowering the image of the packaging 21 5.3 Positive communication with consumers/users 22 5.4 Rallying companies/industrial networks 22

6. ISSUES linked to the use of recycled materials for packaging 23 6.1 Resource availability 23 6.2 Health 23 6.3 Stakeholders 23 6.4 New regulations 23 6.5 Consumer acceptability 24

7. Conclusion 25 8. Annex 26

8.1 Definitions 26 8.2 Regulations 30 8.3 Packaging functions 36

Acknowledgements 39

French National Council (CNE) – All rights reserved – February 2019

3

1. Introduction

A word from the President

"Recycled materials in packaging"

I recently read a book set in a Second World War context, and I was struck by the recycling economy that was practised daily by all the major European belligerents at that time, before, during and well after that war – Textiles, leather, metals, etc. Citizens experienced it as an essential part of their daily lives. I am probably a little too aware of this area, but it is clear that the constraint of scarce (and even non-existent) supply of raw materials has forced countries to make better use of these same materials. The war as it was then waged is no longer one of the probable things, but the emergence of other constraints concerning the recycling of materials is actively looming, this time constraints of a regulatory nature. Regulation 94/62/EC remains the basis for packaging design approaches, but one must admit that, in addition to the tangible results achieved over the past 25 years in France and Europe, the ever-growing emotion generated by the ocean of plastics and the ever-increasing number of waste products being managed is weighing more and more heavily on the packaging shoulders. Public opinion, highly alerted by NGOs and the media, is waiting for us to take action. At a time when public authorities are considering adding new constraints and when major international groups are making voluntary commitments one after the other, it is important for the French Packaging Council to carry out an inventory. Inventory of current recycling of packaging materials and inventory of the obstacles and opportunities, all enlightened by insights into the practices of our big neighbours. There is obviously room for improvement, in the way citizens handle (or should handle) their empty packaging as well. The only pitfall I can anticipate, and it is a significant one, is the perfect neutrality expected of any packaging with regard to what it contains. Using recycled materials can lead to difficulties and even doubts about this functionality. Our fellow citizens’ health is a crusade at least as crucial and media-intensive as respect for the environment. It is up to the various packaging industries to succeed in reconciling them both.

Michel Fontaine

French National Council (CNE) – All rights reserved – February 2019

4

Summary

In the following document, the French Packaging Council explains the many advantages of using recycled raw materials in the production of packaging:

- A real contribution to the circular economy - Savings in energy consumption - A reduction in CO2 emissions - An innovation driver for the collection, sorting and use of materials - Positive communication for packaging users

However, we must not forget certain difficulties that the sectors and stakeholders will have to overcome completely:

- The acceptability of these new types of packaging considering health concerns - The economic cost, sometimes higher than with the use of virgin raw materials - The continual availability of recycled materials - The traceability of recycled materials and the corresponding means of control

All in all, there are real opportunities for the packaging world. The successful use of recycled raw materials allows us now and increasingly so in the future:

- To enhance the often-degraded image of packaging - To communicate positively with the consumer - To innovate sustainably in the context of a successful ecological transition

Objectives

The objectives of this document are the following:

Assess the current state of play of recycling of packaging and of the use of recycled material. Explain that packaging waste is a resource in a circular economy. Have a rational and more serene approach to the irrationality and the myths related to the

subject.

Explain what has been achieved so far to reduce environmental impact and show that we can go further if we work together.

Explain the limits of the subject and open up new avenues to explore. Emphasize that this subject only finds its full meaning if it is stated as an essential

prerequisite that sorting and collection of waste must be carried out.

Inform, educate in a positive dynamic to use even more recycled materials, thus promoting innovation within the entire chain of stakeholders involved in packaging.

French National Council (CNE) – All rights reserved – February 2019

5

2. STATE OF PLAY

Preamble

Recycling is one of the ways of recovering packaging after it has been emptied of its contents. Some background information is provided below. For more information, the French Packaging Council invites the reader to refer to its July 2018 document1 "Packaging after consumption of the product".

2.1. Regulatory context

Packaging evolves in a regulatory context that has recently undergone significant changes at European and national levels depending on the country, in order to take greater account of its end-of-life. For instance, we will mention:

- The adoption at the end of May 2018 of the Circular Economy Package in Europe2. - The SUP Directive3 "Single Use Plastics" suggested by the European Commission and the

European Parliament. », which was agreed by the European institutions in December 2018, and in particular requires that all new plastic bottles to contain at least 30% recycled material by 2030.

- The United Kingdom's desire to establish by law a minimum of 30% recycled content for plastic packaging.

- The publication of the Roadmap for a Circular Economy in France (RCEF)4 on 23th April 2018 with the following proposals in particular:

o Reduce by 50% the amount of non-hazardous waste landfilled in 2025 compared to 2010.

o Commit to 100% recyclable plastic by 2025. o Avoid an additional 8 million tonnes of CO2 emissions each year thanks to plastic

recycling. The French Packaging Council invites the reader to keep informed about the legislative developments in 2019 regarding the RCEF. In addition, whether they are marketers or packaging producers, announcements of voluntary commitments, short-term objectives (generally for 2025) have been made to ensure that packaging is reusable, recyclable and compostable. The various issues related to litter, raised by some NGOs and relayed by the media, cannot be ignored. The subject of the packaging's end-of-life should be documented, particularly in a circular economy context. Finally, the consumer plays a role as well and asks himself many questions according to his level of understanding.

1 https://conseil-emballage.org/wp-content/uploads/2018/07/Fr-Lemballage-apr%C3%A8s-consommation-du-produit.pdf 2 https://eur-lex.europa.eu/legal-content/FR/TXT/PDF/?uri=CELEX:32018L0851&from=FR 3 https://eur-lex.europa.eu/legal-content/en/TXT/?uri=CELEX:52018PC0340 4 https://www.consultation-economie-circulaire.gouv.fr/la-feuille-de-route-economie-circulaire

French National Council (CNE) – All rights reserved – February 2019

6

2.2 Packaging amount placed on the French market

In 2016, 12.7 million tonnes of packaging were placed on the market, including 4.9 million contributing to the Extended Producer Responsibility (EPR) scheme for household packaging. The tonnages placed on the French market in 2016 according to the nature of the material are presented below. After use of the packaged product, recovery of those types of packaging is governed by different mechanisms, that is to say either by the end user (B to B in the context of service contracts) or the final consumer (B to C in the context of the French EPR system).

Tonnage of packaging marketed in 2016

Source: ADEME

2.3 Recycling rates in France

Increasing recycling rates for all materials Over the last ten years, the stabilisation of marketed tonnages and the increase in the recycled amounts have led to a significant rise in the recycling rate for all materials. Recycling rate for packaging by material (% of materials sent to be recycled in comparison to the deposit) from 2006 to 2016

Source: ADEME Chart: French Packaging Council

In thousand

tonnes

metals paper plastics glass wood cardboard

Industrial and commercial packaging (excluding the EPR)

Household packaging (covered by the EPR)

Recycling rate (%)

paper/cardboard plastics metals wood glass all materials

French National Council (CNE) – All rights reserved – February 2019

7

2.4. Consumer acceptability

The first thing we must do is understand how the presence of recycled material in packaging is perceived by the consumer, and the decisive question is: is the consumer willing to accept it? Some answers have been provided, for instance in a 2014 Citeo-Ademe5 study according to which the perception of recycled material by the French has improved. “The presence of recycled material would even have a positive impact on the image they have of products/brands (for 61% of the French population). And 92% of French people trust packaging that contains recycled material. Only 11% of the French population associates it with low-end products.” However, the integration of recycled materials can raise suspicions: “Packaging with recycled materials is a good thing, but can recycled material get recycled again?” The concept of recycled material deserves to be clarified and made concrete for the consumer. This acceptability must be taken into account in any approach to the use of recycled materials.

5 Citeo-Ademe study on packaging perception and recycling sector image published in 2018: https://www.ademe.fr/sites/default/files/assets/documents/etude-perception-emballage-recycle-2014-

8315.pdf

French National Council (CNE) – All rights reserved – February 2019

8

3. ADVANTAGES related to the use of recycled materials in packaging

Preamble

Material recycling enables the recycled material to be reused for the packaging itself (closed loop) or on wider loops - called open loops - to create other products. The French Packaging Council provides an analysis of the subject of recycled materials in packaging which was conducted using the SWOT6 methodology (Strengths, Weaknesses, Opportunities, Threats), strengths and weaknesses being incorporated within the scope of the world of packaging (that is to say, of all French Packaging Council stakeholders). Opportunities and threats emanate from a wider circle of external actors, namely stakeholders (e.g. public authorities, legislators, media, NGOs, etc.). For a better understanding and consistency with the subject of this document, the strengths will be renamed as “advantages”, weaknesses as “obstacles”, opportunities as “prospects” and threats as “issues”.

3.1. A real contribution to the circular economy

According to the Federec-Ademe study7 published in May 2017, recycling channels have saved around 22.5 million tonnes of CO2e and 123,500 GWh of primary energy. This represents 4.9% of the total emissions in France, which amounted to 461 million tonnes of CO2e in 2014 and 10.3% of the primary energy consumption for electricity production in France in the same year. If more specific information on household packaging is needed, the reader may refer to the CDC Climate Research study8 of June 2015 that assesses the reduction of greenhouse gas emissions through recycling. Staying on the path of circular economy9, the incorporation of recycled materials enables real resource savings, especially for non-renewable resources. This integration of recycled materials makes the maximisation of the efficiency of the use of the resource possible, no matter what product is created with these materials. The French Packaging Council would like to recall that results of multi-criteria Life Cycle Assessment (LCA) studies carried out by the sectors are available. Any economic stakeholder can refer to them. On the following page, the reader will find some examples of packaging which are classified according to the recycled materials from which they are produced and with the associated environmental benefits.

6 See SWOT definition in Annex 7 http://federec.com/FEDEREC/documents/EvaluationenvironnementaleduRecyclageenFranceMai2017123.pdf 8 https://www.i4ce.org/wp-core/wp-content/uploads/2013/12/15-06-Etude-climat-50-REP-Emballages-et-

climat.pdf 9 More information on packaging and circular economy available here: https://conseil-emballage.org/wp-

content/uploads/2014/01/Emballages-et-Economie-circulaire-Rapport-final.pdf

French National Council (CNE) – All rights reserved – February 2019

9

Glass packaging

Today, more than 76% of glass packaging is recycled. Cullet (recycled glass) is now the leading raw material in the glass industry with a share of more than 63% and some glass furnaces operating with more than 90% cullet. In 2012, more than two million tonnes of glass were collected and recycled. This recycling initiative enables10:

Energy saving: 10% of recycled glass instead of virgin raw materials results in energy savings of 3%,

CO2e emissions limitations: One tonne of recycled glass prevents the emission of more than 500 kg of CO2e (between 2005 and 2011, CO2 emissions were reduced by 17% per tonne of glass produced),

The decrease of the use of natural resources: For each kg of cullet used to replace the raw material, a saving of 1.2 kg of virgin materials is achieved,

The optimisation of logistics and thus the minimisation of the carbon footprint related to transport. Recycled glass comes from local collection sites near the factories.

Metal packaging

The French recycling rate11 is 80% (83% steel and 58% aluminium). Metal is recyclable without loss of technical properties and the recycled metal which is obtained is necessary for producing raw material, especially for manufacturing tinplate aerosol dispensers. Even though the recycling rate seems high compared to the objectives of the revised European directive, a major effort still needs to be made on collection, with priority given to selective sorting, hence the guide of recommendations for steel and aluminium published in 201812 with the support of Ademe and Citeo. To conclude, further optimisation of the use of recycled materials requires increasing collection, sorting and collection rates at sorting centres.

Case of steel packaging

Steel for packaging (household, industrial and commercial applications) represents less than 5% of the steel produced in Europe. Recycling scrap metal thus helps to preserve resources. Indeed, a tonne of recycled steel:

Saves over twice its weight in raw materials including 1.5 tonnes of iron ore, 0.65 tonnes of coal and 0.3 tonnes of lime.

Makes the saving of around 70% in energy possible. Steel is a permanent material and 75% of the steel ever produced is still used today. Steel recycling influences the reduction of environmental impacts as well. For instance:

One tonne of recycled steel saves 1.5 time its weight in CO2e, or more than 4 million tonnes of CO2e at European level, corresponding to a steel packaging recycling rate of 79.5% 201613.

Acidification and eutrophication: over the last 2 years, acidifying process has decreased by 6%, and eutrophication by 11% per kg of steel for packaging.

10 Source: Verre Avenir. 11 Source: Ademe, 2016. 12 Recommendations guide for the improvement of steel and aluminium packaging sorting:

https://www.citeo.com/sites/default/files/inside_wysiwyg_files/2018juin_Citeo_Guide_m%C3%A9taux_finalcomplet.pdf 13 https://www.apeal.org/news/steel-packaging-recycling-in-europe-reaches-795/

French National Council (CNE) – All rights reserved – February 2019

10

Case of aluminium packaging

Aluminium in packaging represents 5% of the total aluminium used (60,000 tonnes out of 1,200,000 tonnes). We can recycle aluminium easily and infinitely. it does not lose its intrinsic mechanical properties through recycling processes. In relation to the quantities consumed during the production of primary aluminium by electrolysis (all applications including packaging), aluminium recycling allows14:

A reduction by 93% of energy use, 70% savings in water, A decrease of 94% in potential impacts on global warming15.

The recycling of aluminium packaging can be done in two different ways, depending on the level of residual organic matter remaining after use. Thus, the recycling of “rigid” aluminium packaging (beverage cans, food cans and aerosols) differs from that of “flexible” packaging (trays, single-layer or multi-layer tubes, multi-layer tubes with a majority of aluminium).

Plastic packaging

The environmental interest of plastic packaging recycling is illustrated by the following numbers16: 1 tonne of material from recycling represents CO2e savings of around 2 to 3 tonnes in the

manufacture of plastic objects.

Up to 17 times less CO2 and up to 9 times less non-renewable energy is used for production.

Case of PET

PET production worldwide17:

2/3 for textile fibre: 32 million tonnes 1/3 for packaging: 17 million tonnes

PET production in France: 365,000 tonnes in 2016

Among the 300 to 350,000 tonnes of PET bottles placed on the market each year, approximately 170 to 200,000 tonnes are recycled. This tonnage can be divided between 130 to 150,000 tonnes of light PET and 40 to 50,000 tonnes of dark PET.

The distribution18 of rPET in terms of applications is the following:

Matériau Débouchés

Catégorie Tonnage 2016 (en Kt) % 2016 % 201719

rPET clair

Fibre 60 43 29

Bouteille 60 43 50

Feuille 18 13 21

Autre 2 1 0

rPET foncé

Fibre 42 93 89

Autre 3 7 11

14 https://www.european-aluminium.eu/media/1329/environmental-profile-report-for-the-european-

aluminium-industry.pdf 15 For packaging, recycling enables us to avoid the generation of 7,7% tonnes of CO2e (source: https://e-

tonnes.citeo.com/Int/Index/alu) 16 https://www.laplasturgie.fr/les-engagements-volontaires-vont-permettre-dincorporer-plus-de-600-kt-de-matieres-plastiques-recyclees-mpr-en-2025/ July 2018. 17 Sources: Eurasian Chemical Market International Magazine and Citeo. 18 Citeo estimation, 2016. 19 Source : Valorplast

French National Council (CNE) – All rights reserved – February 2019

11

Under certain conditions, some plastic polymers (mainly PET) meet food safety requirements, in accordance with the Regulation (EC) No 1935/2004 of the European Parliament on materials intended to come into contact with food. According to the FEDEREC20 study of May 2017, recycling one tonne of PET prevents:

o the consumption of 83 % of the energy needed to produce the virgin PET equivalent; o the emissions of 70 % of the GHG needed to produce the virgin PET equivalent.

The advantage of rPET Granules21 over virgin PET resin is that it produces 3 times less CO2e emissions and its production consumes 3 times less non-renewable energy It is possible to use recycled plastics that are not from an authorised process (e. g. other resins) but only behind a functional barrier and under certain conditions.

Case of PE, PP or PS polyolefins

France is changing its sorting instructions for household packaging. By 2022, the entire population will be sorting pots, trays and plastic films in the recycling bin. These are all materials that will be sorted in the sorting centres. Not all of them have well-established recycling channels (such as those for PET bottles and vials, HDPE and PP) yet, but some applications already exist and allow streams to be recycled. However, many outlets remain to be created.

HDPE (High Density Polyethylene): approximately 490,000 tonnes used in packaging. The rHDPE has various applications, mainly in open loop (tubes, mandrels, automotive parts, etc.).

According to the FEDEREC study of May 2017, recycling one tonne of HDPE prevents: o The consumption of 89% of the energy required to produce the virgin HDPE equivalent; o The emissions of 89% of the GHG required to produce the virgin HDPE equivalent.

The rHDPE22 Granules are more advantageous than virgin HDPE resin: their production releases 4 times less CO2e and requires 3 times less non-renewable energy.

LDPE (Low Density Polyethylene): With 730,000 tonnes used for packaging, rLDPE finds its main outlets in garbage bags, irrigation tubes and industrial packaging, with incorporation rates of 25% for palletising films for instance.

PP (Polypropylene): 350,000 tonnes used for packaging. The rPP finds its main applications in the construction, automotive and industrial sectors. We can mention other applications in industrial packaging (e. g. paint sector) but not for use in household packaging.

PS (Polystyrene) + PSE (Expanded PS): 115,000 tonnes used for packaging, mostly for

household packaging (pots and trays). The rPS has certain applications in commercial (hangers, etc.) and industrial products (plant pots, building insulation).

20http://federec.com/FEDEREC/documents/EvaluationenvironnementaleduRecyclageenFranceMai2017123.pdf 21http://www.srp-recyclage-plastiques.org/images/pdf-documents/eco-profil/6-srp-icv-des-mpr-r-pet-

granulees-janvier-2017.pdf 22 http://www.srp-recyclage-plastiques.org/images/pdf-documents/eco-profil/4-srp-icv-des-mpr-r-pehd-

granulees-decembre-2017.pdf

French National Council (CNE) – All rights reserved – February 2019

12

Cardboard packaging

9 out of 10 packages are recycled and transformed into new packages in a real cellulose fibre system. This system reduces the carbon footprint of paper and cardboard packaging by optimising the use of a renewable resource, while ensuring a sustainable supply of materials. With an overall recycling rate of 93%, the average rate of integration of recycled materials into paperboard packaging is 80%. In thirty years, the paper industry has significantly reduced its carbon footprint by reducing:

its energy consumption per tonne produced by 27%. its water consumption by 70%.

its release of oxidizable materials into water by 70%.

Furthermore, the sector has strived to reduce the quantity of materials used with identical technical qualities. The average weight of corrugated cardboard manufactured in France has decreased by 10% in 20 years. Last but not least, the total amount of energy required to return to industrial raw material is inferior to the sum of the energies used to extract the material and to dispose of used products.

Wooden packaging

As this is a renewable and sustainably managed material sector (tree replanting), recycling does not have the same conservation value as for non-renewable materials. However, wooden packaging is valued in several ways:

It is recycled in an open loop into particleboard or agricultural mulch. The recycling operation involves shredding, or un-shredding in the case of crates containing metal fasteners.

It is composted in industrial installations, It is converted into energy, especially in class A boiler plants thanks to the SSD "Exit from

Waste Status" (the decree of 29/07/14 setting the criteria for leaving waste status for shredded wood packaging, published in the French Official Journal on 08/08/2014.)

The guide23, “Optimise the recycling and recovery of your wooden crates” published in 2018 and written in partnership with ADEME, FEDEREC and PERIFEM, shows that, under simple and economical conditions for the holder and optimised predispositions for the environment, light wooden packaging recycling is possible.

Concerning wooden pallets: they are reused and repaired during their multiple rotations at the maximum of an optimised technical and economic balance, before leaving for material recycling, mainly in particleboard.

23 http://emballage-leger-bois.fr/sites/emballage-leger-bois.fr/files/documents/flyerguiderecyclage.pdf

Energy consumption per tonne produced Water consumption

Toe per tonne of paper/cardboard produced (in subscript) Water quantity used per tonne

of paper/cardboard produced

(in subscript)

French National Council (CNE) – All rights reserved – February 2019

13

3.2 Innovation driver

The use of recycled materials is a source of innovation for the whole chain of stakeholders. This is therefore an opportunity to:

Imagine innovative collection methods and the associated means, Invent communication methods to give meaning to the sorting process, and thus, to collect

more from consumers/users, Create sorting, collection and recycling systems (including chemical recycling) for certain

materials,

Suggest even more specific sorting processes in order to improve the quality of the recycled materials,

Identify value-added opportunities for the recycling of these already recycled materials, Improve even more the technical and marketing characteristics of the packaging made tanks

to these materials. This is also a true collaborative system in which each stakeholder must be able to share knowledge and best practices. As an example, we can mention:

Packaging cardboards incorporating recycled material that continuously increase their technical quality for lower weights,

The glass where the various colours of the cullet are separated more and more precisely, Aluminium aerosol dispensers, where work on the metallurgical composition of the alloy has

made possible the incorporation of recycled aluminium up to 25%. Eco-design must take into account the stakes of recycling and become familiar with the state of play of sorting and recycling technologies nowadays and for the future.

3.3 Positive communication

According to the economic stakeholders, this subject, which is part of an environmental approach to packaging, can be a motivating force for employees: internal communication within the company or between the various stakeholders involved in this project is a good way to mobilise them and to give meaning to the activity of the company by providing a positive internal image (appropriation by employees and pride in a CSR commitment). It is also an opportunity for external communication from the company. Indeed, this process could be considered as a source of differentiation and innovation in a highly competitive environment, making the recruitment of new consumers/users and the access to new markets possible. Economic stakeholders can promote their eco-design and end-of-life approach to packaging by communicating with consumers on packaging recyclability or its recycled content. The recent study conducted by Citeo24 provides guidance to general public awareness.

24 https://www.citeo.com/sites/default/files/inside_wysiwyg_files/CITEO_ETUDE%20SHOPPER.pdf

French National Council (CNE) – All rights reserved – February 2019

14

4. OBSTACLES related to the use of recycled materials in packaging

4.1. Food contact

Health is the top priority not only for marketers, but also for consumers. This obstacle will not be compromised under any circumstances. Food supply and food contact of packaging are mostly governed by European regulations (see Chapter Regulations). Many sensitive or controversial molecules such as endocrine disrupters or mineral oils are the focus of media attention. Thus, the said incorporation of recycled material in packaging must be watertight on this subject because consumers will quickly make a choice between health and environment in case of suspicion. Risk management, control and transparency are required as well. The French Packaging Council would like to recall below the main texts the definition of the suitability of packaging for food contact. For more detailed information, please refer to the chapter on regulations presented in Appendix.

4.1.1 Legal reference common to all materials:

Framework Regulation (EC) No 1935/2004 of the European Parliament and of the Council of 27 October 2004 on materials and articles intended to come into contact with food, in which Article 3 provides that those materials must not transfer any constituents to the food in quantities which may present a danger to human health, lead to an unacceptable change in the composition of the food or to an alteration in their organoleptic characteristics.

Commission Regulation (EC) No 2023/2006 of 22 December 2006 on good manufacturing practice for materials and articles intended to come into contact with food.

Regulation (EC) No 852/200425 of the European Parliament and of the Council of 29 April

2004 on the hygiene of food, which recalls in Annex II, Chapter X “General hygiene provisions for all food business operators”, that “the materials used in packaging and wrapping must not be a source of contamination”.

Materials whose recycling is not subject to specific regulations (paper-cardboard, steel,

aluminium, etc.) must comply with:

the texts applicable to all materials, in particular those listed above

any national regulations that may regulate the materials recycling in order to manufacture packaging suitable for food contact.

The regulation of plastic recycling:

Commission Regulation (EC) No 282/2008 of 27 March 2008 on recycled plastic materials and articles intended to come into contact with food.

25 Regulation 852/2004 was adopted pursuant to Regulation 178/2002 of 28 January 2002 laying down the

general principles and requirements of food law, establishing the European Food Safety Authority and laying down procedures in matters of food safety.

French National Council (CNE) – All rights reserved – February 2019

15

4.1.2 some examples

Case of plastic packaging

“Recycled materials, mainly paper, cardboard, glass and metals, have been increasingly used in the packaging industry for a long time26. Until now, the packaging world has only used a small amount of recycled plastic, mainly for safety reasons, especially for any packaging intended for food contact. However, over the last 20 years, technology has improved, and it is now possible to use some recycled plastics in food packaging: under certain conditions, some plastic polymers (mainly PET) meet food safety requirements in accordance with the European Union Regulation 1935/2004 on materials intended to come into contact with food [...]. There is a risk that toxic substances in recycled plastics may contaminate food, as food may contain pollutants from cross-contamination that we were not aware of during waste management.

The European Food Safety Authority (EFSA) has issued 140 positive scientific opinions on the safety of processes for recycling plastic and using it in materials intended to come into contact with foods (see diagrams below)”.

26 Position Europen available on https://europen-packaging.eu/

Graphic source: LNE

Graphic source: LNE

EFSA State of play of authorisation application dossiers of plastic materials recycling process (10.10.2018)

Distribution per material of EFSA opinions concerning the authorisation requests of plastic materials recycling process (10.10.2018)

Opinion on PET

Opinion on PE/PP

Positive opinions Negative opinions Canceled dossiers Withdrawn dossiers

Rejected dossiers

Other information Being evaluated Being in study

French National Council (CNE) – All rights reserved – February 2019

16

In addition, scientific studies show that, given the different chemical nature of PET and Polyolefins, only contaminating molecules of molecular weight up to 300 Daltons27 can be absorbed and diffused in the case of PET while, for PE, contaminating molecules of molecular weight up to 1000 Daltons can be absorbed and diffused. However, the current technologies validated by the EFSA can only be effective (i.e. at a level low enough to guarantee food contact) for small molecules with a molecular weight of up to 300 Daltons. Therefore, requirements for food contact with PE or PP cannot be met with the use of such systems for the time being. For more information, please read the study28 published in Trends in Food Science & Technology in 2016. However, European regulations do allow the use of recycled plastics that do not come from an authorised process, behind a plastic functional barrier and under certain conditions (Article 1.2.c of Commission Regulation (EC) No 282/2008 of 27 March 2008). Furthermore, new decontamination techniques are currently being studied, such as chemical recycling, which does not fall within the scope of the Regulation 282/2008 at the moment.

Case of paper/cardboard packaging

The eco-design of packaging must aim at the material reuse, mostly to facilitate its use in the food sector. This project does not only require the development of recyclable products, but also to limitation of the use of disruptive constituents or substances that question the material reuse. Revipac carried out a study29 on cross-contamination by mineral oils hydrocarbons (MOH), allowing the identification of actions to limit their presence in recycled cardboard:

- “before the conception: through the eco-design of paper-cardboard packaging, it is important to favour the use of inks as well as adhesive products that are free of MOH for its production. However, it is not enough to remove mineral oils from packaging alone since, as shown in the Revipac study on "cross-contamination", there are other sources of pollution in the material loop. To control the recycling chain, it is therefore necessary to ensure that the same requirement applies to the design of graphic products.

- After the conception: it is crucial to favour at least the production of homogeneous varieties. Two levers can be used to reach this goal: the first possibility would be the organisation of collection in such a way as to be able to separate the flows; the second way would be to increase the sorting efficiency in order to avoid mixed standards as much as possible.”

27 Dalton equivalent to 1g/mol is a unit of molecular weight that corresponds to a hydrogen atom (1.66 10-27

kg). 28 Critical review on challenge tests to demonstrate decontamination of polyolefins intended for food contact

applications-Stella Palkopoulou, Catherine Joly, Alexandre Feigenbaum, Trends in Food Science & Technology-49 (2016) 110-120. 29 http://www.revipac.com/sites/default/files/Revipac71.pdf

French National Council (CNE) – All rights reserved – February 2019

17

4.2 Economic cost, source and European harmonisation of rules

The use of these recycled materials brings an environmental benefit (use of less resources, less waste management). However, significantly increasing the proportion of recycled material in these packages can lead to negative impacts for some stakeholders. Indeed, the production capacity of these materials and their cost depend on the nature of the material, on its integration into a robust sector and on the current recycling technologies. To increase the rate of material reuse, we need to collect more. This aim does not only require a sufficient number of technical means for collection, but also an effort to simplify, educate and popularise the importance of sorting, whether for the user (in B to B) or the final consumer (in B to C). Throughout the packaging process, each stakeholder has a significant role to play. The rapid growth of this demand with a stable supply to date (linked to limited capacities for certain materials as well as a collection to be pushed in order to "feed" the recycling process) will increase the prices of these materials and may lead to counterproductive strategies of purchasing and sourcing these materials in comparison to the desired environmental meaning. According to marketers, beyond a CSR approach that aims at integrating recycled materials, a balance between environment and economy needs to be found.

The lack of recycled materials can disrupt a company's overall production, and the temptation to return to the virgin materials supply can be great.

Case of rPET For now, there is not enough rPET capacity to meet the needs and commitments announced previously.

Case of rPS Recycled products are currently facing a cost-related question: they must be cheaper than virgin resin, yet they must have the same technical qualities in order to be used in buildings, for example. The rPS could be used at a low percentage of incorporation (maximum 20%) into virgin PS to limit quality differences. The post-consumer PS requires sorting and preparation, which makes its cost price similar to that of the virgin PS.

The fluctuation in the sourcing of certain recycled materials (case of metal packaging and glass) urges the economic stakeholders (packagers and recyclers) to adapt their tools according to the needs of the principals and the available material flows. For instance, when it comes to metal packaging, recycled materials are not easy to obtain because they are stored for a long time in building or automotive applications.

French National Council (CNE) – All rights reserved – February 2019

18

4.3. Traceability

Traceability of the origin of recycled materials is not only an economic issue, but also a quality issue. It is therefore crucial to know where the materials come from and to be able to control them regarding their content (presence of chemicals unauthorised by the regulation, presence of additives, etc.). Furthermore, for the credibility of economic stakeholders in the packaging sector is also at stake: concerning the incorporation of recycled materials, their credibility will be based on the proven veracity of the information provided. It would be a question of having control bodies as independent accredited third parties. “Traceability of components is a major challenge30: the restrictions on the use of chemicals are a major factor in the selection of packaging materials because the packaging supply chain will not compromise safety and compliance. The number of chemicals whose use is limited or banned in products in the EU is increasing. Thus, compliance with this legislation could be even more difficult for recycled products, since the traceability of all their components is not an easy task. The origin of the waste collected and recycled is not clear, nor is its content. In any case, if hazardous or minor-use chemicals are detected, it may be difficult or costly to separate and dispose of them during the recycling processes. Imported products and materials are particularly difficult to trace, and this would be a barrier to increasing the supply of recycled materials for European industry.”

4.4 Analytical control of the recycled content

According to current scientific knowledge, there are nowadays no analytical methods available to measure the recycled content of a packaging material by routine control on the packaging itself. This applies regardless of the packaging material. The recycling rate can be controlled by quantitative elements of the volumes of materials used to develop the packaging. This rate is declaratory, based on invoices and delivery notes for example. The recycling rate possibly announced by economic stakeholders depends on the available deposit and demand. It is easily understandable that it will be an average rate over a given period (over a whole year for example). Note: At European level, work (CEN standards) is in progress in order to develop a method for calculating the recycling rate in electrical and electronic equipment. This method is being developed for replication to other products. Considering European regulations, particularly the single-use plastic directive which imposes a rate of recycled material in bottles, the question of controlling this obligation will have to be addressed soon.

30 Extract of position Europen position available on https://europen-packaging.eu/

French National Council (CNE) – All rights reserved – February 2019

19

4.5. Other obstacles to the incorporation of recycled materials

As seen previously, the incorporation of recycled materials is of environmental interest. However, this must be balanced against the fact that there are obstacles, given the current state of scientific knowledge and processes. These obstacles are summarised below.

Technical obstacles

Case of aluminium aerosol dispensers Aluminium aerosol dispensers must meet safety requirements in accordance with the European Council Directive 75/324/EEC of 20 May 1975: the pressure resistance is specified, as well as the associated tests. The industry has been using alloys of different grades for years in order to adapt to industrial tools, and the manufacturers on the market have generated new alloys in a framework of prevention by reduction at source. Housing suppliers have committed to optimising the weight of housings with alloys containing up to 25% recycled materials. Nevertheless, the use of recycled material is limited for technical reasons due to the different metallurgical properties of primary aluminium. Feedback from experience shows that opting for 25% of recycled material optimises the packaging weight, and that the hardness of the metal allows it to be deformed by tapering tools.

Case of pots and buckets (in particular rPP)

The plastic material resulting from recycling has intrinsic mecanical characteristics which are different from the virgin material. Polymers can be degraded (shorter chains): then, the packaging produced has slightly different technical characteristics than the packaging produced with virgin materials. This is true for vertical compressive strength, which is a key parameter for the palletising quality of finished packaged products, e.g. paint buckets. It is true for impact resistance as well, another key parameter for resistance to any mechanical shock or drop of packaged product measuring packaging failure. Packaging production technology is generally not affected by the use of recycled materials, with the settings of the machines remaining similar (e. g. injection machines).

Case of HDPE flasks

The problems observed with the use of rHDPE are odour and stress cracking, particularly on the bottom of large format vials which cools differently. Moreover, it may happen during blowing that the material, which contains some impurities, sticks to the walls of the mould; it is therefore necessary to adjust the settings (temperature, cooling time, etc.) more precisely. As rHDPE batches can have a significant drift, the parameters must be adjusted when restarting production at the batch change. We will also work on hidden surfaces (decoration, label, internal surfaces...) to accept wider ranges of shades/defects.

Case of cardboard packaging

A German study31 shows that if cellulose fibre undergoes a technical degradation by around 10 to 15% during its first recycling, it retains its technical qualities during subsequent recycling processes and can be reused up to 25 times in total. The functioning of the paper/cardboard industry involves a series of steps which, like any industrial process, lead to material losses. The current operation of the loop therefore allows the fibre to be reused nearly 8 times on average. This also implies that virgin fibres must be regularly injected back into the loop in order to maintain the level of fibre necessary for production and to ensure the continuity of its proper "functioning".

31 The Legend of Limited Fibre Life Cycles, About the Performance of a Paper Fibre-Wochenblatt für

Papierfabrikation, 146(2018) No. 6, 350-357

French National Council (CNE) – All rights reserved – February 2019

20

Obstacles related to consumer/user acceptability

Case of thermoformed trays in rPET There are no technical difficulties in the use of thermoforming to produce trays from film containing part of rPET from the "bottles" sector. There may be some variations in shades depending on the production batches and the supply source (clear rPET from France is generally bluish because bottled waters in France have a bluish market code, which is not the case in Germany for example). It is commonly accepted that the number of cycles possible for PET is 7. Beyond this number, colour issues appear that can be detrimental to the finished packaged product in terms of marketing and consumer perception.

Case of flasks in rPET (e. g. for cosmetics products) The limits are mainly for packaging made in 100% rPET, as there is less difficulty with 25% rPET. Depending on the source of rPET (that is to say, its geographical area), the colour may vary from one batch to another. In general, the colour of recycled PET is always between yellow and green. Some suppliers add dyes to the rPET to compensate and have the same level of B (Brightness). To evaluate the rPET, the first parameter to look at is therefore the brightness. It is then necessary to determine where the colour of the recycled bottle is located in the colour spectrum (Saturation and Hue). The other obstacle concerns light-coloured packaging: The less dye used, the greater the impact of the colour of the recycled material on the final result. These marketing limitations can be overcome by:

- Communicating on the product: the consumer understands the importance of recycling and agrees to orient his purchasing act accordingly. The element of differentiation does not apply if the marketers have the same constraints.

- Establishing a minimum/maximum range for granules with the supplier and having a colour range validated by marketing in addition to the okayed version, in order to alert them in advance of the variability from one batch to another and the impact on the final result.

Safety-related obstacles

The consumer use of the packaged product must be taken into account in any approach to incorporating recycled material in packaging. Consumer acceptability32 must be the rule: indeed, the function must not be modified or, at least, must not induce a safety risk when using the product (e.g. when handling, opening the packaging, pouring the product, etc.)

32 https://conseil-emballage.org/wp-content/uploads/2014/01/47_1.pdf

French National Council (CNE) – All rights reserved – February 2019

21

5. PROSPECTS linked to the use of recycled materials for packaging

Using recycled materials is an essential lever, an opportunity to show all the actions undertaken with best practices by the packaging industry. It is an opportunity to:

- Remind all the importance of packaging by mentioning its functions (see Annex) to rebuild a positive image of packaging,

- Communicate with a large public, to convey messages so as to encourage consumers/users to recycle, show that it reduces the environmental impact, etc.

- Involve economic agents in this circular economy approach by sharing best practices and innovating in this field.

5.1. Reducing the environmental impact

The French Packaging Council reminds that performance of the cycle of recycled materials is first based on the following priorities:

To improve the collection and sorting, including in consumers’ bathrooms. To improve the quality of waste sorting as to improve the quality of recycled materials.

According to a study by the FEDEREC (French professional foundation of recycling companies) for instance, the environmental interest of using recycled materials is usually proved by the diminution of carbon footprint. In France, the Eco-profiles of the SRP33 (French plastic materials regenerators association) are also factors of decrease based on several indicators of plastic materials recycling. With non-renewable energies running out, economic agents can be involved in this global concern. The French Packaging Council recommends relying on multi-criteria Life Cycle Analysis (LCA) conducted by the packaging industry stakeholders to strengthen any reduction method of the environmental impact.

5.2. Promote packaging image

With public authorities It would be interesting to teach at school the functions of packaging in relation to the content and its use. It would be an opportunity to convey clear messages about the importance of waste sorting at home.

With media The end of life and new life of a packaging and its material are parts of keeping people informed about the stakeholders’ network who work in the sector of packaged products. It allows to show all the collaborations and technologies that this packaged object can hide. By showing what is done regarding reuse and recycling, we prove that packaging occupies its rightful place in our modern societies and that it is rather a solution than a problem.

33 SRP : Syndicat national des régénérateurs de matières plastiques

French National Council (CNE) – All rights reserved – February 2019

22

5.3. Positive communication with consumers/users

For marketers Showing recycling as an action that enables to reduce our environmental impact is a rewarding image. It may allow the positioning of the companies’ Corporate Social Responsibility (CSR) approach on this topic by offering a packaged product made with recycled materials. It can be a distinction aspect in the product marketing mix. It is a way of conveying information about the commitments undertaken within the FREC (French circular economy roadmap) framework or the European framework – for example on the topic of recycled contents. However, the French Packaging Council recommends a collective method within inter-branch professions on this type of communication so as to also mention difficulties to achieve objectives.

For general public It is necessary to make available information on packaging so that consumers can understand more easily, such as with the French sorting information system Info-Tri34 by Citeo. Developing recycled material deposits will only work by inciting to collect and sort packaging. We must therefore use teaching skills with consumers. Learning starts with the assimilation of the packaging sorting instructions by consumers. Finally, we must explain the consequences of their recycling action.

5.4. Rallying companies/industrial networks

Eco-design: a necessity It is vital that economic agents absorb the eco-design of packaged products. This eco-design must integrate the end-of-life phase of products. For instance, bottle/flasks made of polyethylene terephthalate (PET) can be designed with no pigment/artificial colouring. As the differentiation can be operated by the use of shrink sleeve or traditional labels. That way, the deposit of recycled PET would be consistent and would simplify processes in waste sorting centres.

Circular economy: a priority The involvement of all stakeholders is essential for circular economy (see the French Packaging Council document35). Stakeholders’ performance should be estimated regarding the voluntary commitments made in 2018. We must implement motivational mechanisms so costs of recycled materials can be offset and that use of recycled materials can be stimulated.

Innovation: an opportunity Recycled materials are an opportunity to investigate new recycling processes – mechanical, chemical, enzymatic, etc – and to assess new packaging materials.

34 https://www.citeo.com/info-tri 35 https://conseil-emballage.org/wp-content/uploads/2014/01/Emballages-et-Economie-circulaire-Rapport-

final.pdf

French National Council (CNE) – All rights reserved – February 2019

23

6. ISSUES linked to the use of recycled materials for packaging

6.1. Resource availability

No matter which material is used, resource availability is a challenge to take up, especially because companies commit to meet these needs. This availability of recycled resources must meet the prerequisites aforementioned, that is to say:

- Respect of material quality

- Respect of regulations, especially regarding food-contact compliance

- Traceability of supplies

- Economic balance between supply and demand, probably by using financial instruments

- Medium-term investments in recycling plants

6.2. Health

Whatever the product sector (food, pharmaceutical industry, cosmetics), it is necessary to assess the health hazard related to a potential contamination of plastic materials to be recycled. Moreover, the efficiency of recycling processes must be fully managed. The risk assessment and decontamination actions implemented must comply with European regulations. Sometimes, they can slow down the implementation of proactive policies regarding the environment.

6.3. Stakeholders

Whistleblowers, relayed by media can enlighten the general public about the topic of recycled materials used in packaging by emphasising the limits of this integration mentioned before. A lack of traceability and food-contact compliance can create a risk for the image of marketers.

6.4. New regulations

Whether European or at a state-level, regulations can be restrictive because of bans or objectives of recycled material use in some packaging. We can mention for example the British government36 who wants to implement a new tax on all plastic packaging that would not include at least 30% of recycled materials. The provision would come into force in April 2022 to enable companies “to adjust their behaviour and manage any costs they face”.

In other states such as in California, a rate on recycled content in plastic packaging is already applicable to products other than cosmetics, food and pharmaceutical.

The French Packaging Council can only support all the collective initiatives that contribute to European harmonisation regarding this issue.

These new regulations can also impact economically the network of stakeholders involved.

As for issues in public health, regulations can evolve so as to reduce the presence threshold of some unwanted molecules.

36 https://www.emballagesmagazine.com/plastiques/le-royaume-uni-veut-taxer-les-emballages-

plastique.47800

French National Council (CNE) – All rights reserved – February 2019

24

6.5. Consumer’s acceptability

According to a study37 conducted in 2018 by Citeo on “responsible packaging: French consumers’ perceptions, golden rules for an eco-friendly design” […] 2/3 of the consumers have naturally declared that the first criterion for a packaging to be eco-friendly is its recyclability […]. This criterion is the most important among the other answers given, such as biodegradability, materials or few packaging. Recyclable packaging is quite well understood by consumers, who mention with their own words, that recycling is like giving a second life to packaging […]. Recycling process integration: […] While 9 consumers out of 10 have a positive perception when thinking of recycling process integration, they are only 7% to naturally mention recycling as an environmental value of packaging. This concept is not very suggestive for consumers, except for waters where the use of recycled materials is considered as the 3rd criterion of an eco-friendly packaging, with 32% of quotes […].

37 https://www.citeo.com/sites/default/files/inside_wysiwyg_files/CITEO_ETUDE%20SHOPPER.pdf

French National Council (CNE) – All rights reserved – February 2019

25

7. Conclusion Considering quick changes – whether social, innovative or regulatory – this document will be reviewed at regular intervals. This document enabled to show all the complexity of the topic: there is no easy and unique answer but several tracks that can contribute to reduce the environmental impact of packaging. We can find solutions beforehand, when we design a packaged product, or afterwards, when it comes to the packaging future after the product is used. As for the closed-loop recycling, it must be assessed from technical, scientific and economic points of view. Closed-loop recycling can also be interesting for marketing and communication, but it is not an obligation and can even be less efficient regarding the criteria mentioned before. As for the rest, there is no difference. Closed-loop recycling is a good solution but must not become a dogma. All recovery methods should be conceivable without taboo, including energy recovery as soon as it becomes difficult to harness, sort, recycle some packaging wastes. Recycled material use is an important topic to tackle and only becomes meaningful when all the stakeholders of the packaged product supply chain are involved in the eco-design, increasing sorting and collection as well as in innovative solutions of recycling – chemical, enzymatic, etc.

French National Council (CNE) – All rights reserved – February 2019

26

8. Annex

8.1. Definitions 8.1.1. SWOT analysis SWOT analysis stands for Strengths, Weaknesses, Opportunities and Threats. Its objective is to cross internal and external analysis with the micro and macro environments of the company. It is a strategic tool of analysis that enables to carry out a complete assessment about a question asked accurately.

Strengths: They are internal factors and positive points – such as for the packaging value chain – that brings a certain perceived value.

Weaknesses: Unlike strengths, it is about internal negative points that can slow and disadvantage value creation – social, economic, environmental. These blocking elements can be improvement lines that give rise to an action plan.

Opportunities: Not to be mixed with strengths, opportunities are external factors – in this case, the stakeholders of packaged products – that depends on the market situation and of which the entity can take advantage.

Threats: They are the external factors that can be detrimental to the entity.

Positive (to achieve objectives)

Negative (to achieve objectives)

Inte

rnal

so

urc

e

(org

anis

atio

nal

) Ex

tern

al s

ou

rce

(c

on

text

ual

)

French National Council (CNE) – All rights reserved – February 2019

27

8.1.2. Circular economy

French Environment and Energy Management Agency (ADEME) definition: “Economic system of exchange and production that – at all the stages of products (goods and services) life cycle – aims to increase the efficiency of resource use and to reduce the impact on the environment while fostering individuals’ well-being. Circular economy must generally aim at reducing radically the waste of resources so as to disconnect resource consumption from GDP growth while guaranteeing the diminution of environmental impacts and the increase of well-being. It is about doing more and better with less resources.”

Circular economy definition applied to packaging

Circular economy in the packaging industry is not limited to recycling. It covers all the stages of a packaged product – design, production, retail, use – not forgetting the various recovery methods. Circular economy allows to reduce environmental impacts, especially by trying hard to make the use of material resources efficient and by checking the durability of these resources when they are renewable. It includes the concepts of territorial integration and proximity. It includes resources saving – material, water, energy – especially through:

o Eco-design of product-packaging pairing,

o Optimisation of resources use,

o Reuse of packaging, especially for Business to Business marketing,

o Prevention of packaging waste,

o Prevention of products losses, including by reducing waste,

o Prevention through recyclability improvement,

o Sealing of material flows through material reuse.

It also includes any initiative enabling behaviour changes and/or market codes for the best of packaging.

It guarantees the collaboration between various stakeholders at various stages of the packaging supply chain, with industrial ecology among others.

8.1.3. Packaging Packaging38 is any item – no matter the type of material that make it up – designed to contain and protect goods, to allow their handling and transport from the producer to the consumer or user, and to guarantee their appearance. All the non-returnable articles used for the same purposes must be considered as packaging.

“Packaging39 consists only of:

1° Sales packaging or primary packaging (I), i.e. packaging conceived so as to constitute a sales

unit to the final user or consumer at the point of purchase; 2° Grouped packaging or secondary packaging (II), i.e. packaging conceived so as to constitute

at the point of purchase a grouping of a certain number of sales units whether the latter is sold as such to the final user or consumer or whether it serves only as a means to replenish the shelves at the point of purchase; it can be removed from the product without affecting its characteristics;

38 French Environmental Code (Book V, title IV, chapter III, section 5, Article R543-43). 39 Directive No 94/62/CE on packaging and waste packaging.

French National Council (CNE) – All rights reserved – February 2019

28

3° Transport packaging or tertiary packaging (III), i.e. packaging conceived so as to facilitate

handling and transport of a number of sales units or grouped packaging in order to prevent physical handling and transport damage. Transport packaging does not include road, rail, ship and air containers.” For further information, please refer to the directive No 2013/2/EU40. Editor’s note: • Primary packaging can be made of various elements. It protects products and their features throughout the chain until they are used. (e.g.: pouches, boxes and cling film). • An article is a primary sales unit or a demand unit. • A group is the equivalent to a gathering of a certain number of primary sales units.

The packaging system41 usually combines the three types of packaging but the primary packaging can, in some cases, fulfill the functions of both other types. The packaging system must meet all the operation features of these subsystems. Packaging can also be differentiated according to the end user when it comes to responsibilities regarding the management of their end of life. We can distinguish:

Household and similar packaging (local channel) All opened and used packaging the households throw away.

Non-household packaging All the packaging that are not domestic: industrial packaging such as B2B packaging, multi-packaging and transport packaging, packaging used for institutional catering or cafés, hostels, and traditional restaurants.

40 Commission directive No 2003/2/EU of 7 February 2013 amending annex 1 of directive No 94/62/CE. 41 Complete system of packaging: it is made of primary, secondary and tertiary packaging. French National

Packaging Council-December 2010.

Complete system of packaging

Primary packaging

Secondary packaging containing primary packaging

Transport packaging (crates, pallets, inserts, stretch films, etc.)

French National Council (CNE) – All rights reserved – February 2019

29

8.1.4. Eco-design Regulatory framework42

“ ‘Eco-design’ means the integration of environmental aspects into product design with the aim of improving the environmental performance of the product throughout its whole life cycle”. In the interest of sustainable development, continuous improvement in the overall environmental impact of those products should be encouraged, notably by identifying the major sources of negative environmental impacts and avoiding transfer of pollution, when this improvement does not entail excessive costs.

The eco-design of products is a crucial factor in the Community strategy on Integrated Product Policy. As a preventive approach, designed to optimise the environmental performance of products, while maintaining their functional qualities, it provides genuine new opportunities for manufacturers, consumers and society as a whole.

In order to maximise the environmental benefits from improved design, it may be necessary to inform consumers about the environmental characteristics and performance of energy-related products and to advise them on how to use products in a manner which is environmentally friendly.

8.1.5.Recycling ” Any recovery operation by which waste, including organic waste, are reprocessed into substances, materials or products for their initial purpose or other purposes. Energy recovery operations for waste, those related to the transformation of waste into combustible and backfilling operations cannot be considered as recycling operations” 43. Recycling consists of various stages, from collection to sorting meant to produce raw materials with recycled materials incorporated in the manufacturing of new products. Recycling is both a waste processing method and a resource production method. In the hierarchy of processing methods, it comes in third position after prevention and reuse (French Environment Code).

8.1.6. Recyclability Definition of NF EN ISO 14021 standard: « Characteristic of a product, a packaging or a related component which can be taken off from waste flows by available processes and programmes, and that can be collected, processed and reused as raw materials or products. Note: Collection, sorting and supply systems to transfer materials from their source to the recycling plant are easily available for a sensible proportion of potential buyers of the product”. 4 conditions for packaging to be recyclable:

Consumers, users should be able to have access to a collection system

Sorted packaging must be recycled effectively in a proper plant

Materials coming from recycling must be meant to be reincorporated in a product from which it comes (closed-loop recycling) or in other products (open-loop recycling)

This recycling chain must be available for a sensible proportion of the population.

42 Extracts from Directive 2009/125/CE of October 21, 2009 drawing a framework for the implementation of requirements related to eco-design applied to products linked to energy. 43 Article L541-1-1 from the French Environment Code

French National Council (CNE) – All rights reserved – February 2019

30

8.1.7. Recycled content “Proportion44, in density, of recycled materials in a product or packaging. Only the ‘pre-consumption’ and ‘post-consumption’ materials should be considered as recycled content.”

Note: The UE directive No 2018/852 of the European Parliament and of the Council of 30 May

2018 reminds that “the weight of packaging waste recycled shall be calculated as the weight of packaging that has become waste which, having undergone all necessary checking, sorting and other preliminary operations to remove waste materials that are not targeted by the subsequent reprocessing and to ensure high-quality recycling, enters the recycling operation whereby waste materials are actually reprocessed into products, materials or substances”. Production waste are not “packaging that became waste”. They should not be taken into account.

8.1.8. Monomaterial Packagings are considered as “mono-material” when they are made of a single material45.

8.1.9. Functional barrier There are various definitions of a functional barrier, the French Packaging Council takes the two following ones:

Generic definition46 : “Any integral layer that – in normal or predictable conditions of use – reduces any possible transfer of substance (permeation and migration) coming from some layer below the barrier, into foodstuff at an insignificant level of toxic and organoleptic substances”.

Definition proper to plastic packaging: The definition below is part of the Commission Regulation (EU) No 10/201147 of 14 January 2011 on

plastic materials and articles intended to come into contact with food.

“This barrier is a layer within food contact materials or articles preventing the migration of substances from behind that barrier into the food […]”

44 Extract of the standard ISO 14021 available on https://www.afnor.org/ 45 Source: Recycling and recyclability of Revipac-Citeo paper and cardboard household used packaging 46 Council of Europe, 2nd session, Helsinki, 2-6 May 1994. 47 https://eur-lex.europa.eu/legal-content/EN/ALL/?uri=celex%3A32011R0010

French National Council (CNE) – All rights reserved – February 2019

31

8.2. Regulations The principle of the Extended Producer Responsibility (EPR)

Beginnings in 1975 with the first law and first directive over the environment. It triggered the “polluter pays” principle. It was implemented in France in the early 90’s along with the creation of the household waste channel. Its first objective is to extend producer’s responsibility to the management of the end-of-life phase of a product. It aims to encourage eco-designing of products, to reduce their waste amount, speed up the recycling development and avoid assigning the costs of waste management only to local authorities. Definition of the directive No 2008/98: “extended producer responsibility scheme”: a set of measures taken by Member States requiring producers of products to bear financial or financial and organisational responsibility for the management of the waste stage of a product’s life cycle.

In France, the handling of all or a part of waste management by economic agents, manufacturers, distributors who place on the market products that create waste is established by Article L. 541-10 of the French Environment Code. According to it, the EPR enables to oblige producers, importers and distributors of all those products, substances and materials included in their manufacturing to provide for or contribute to the management of waste generated by them. For the EPR of packaging, these general provisions are completed by articles L541-10-5 and R543-56 of the French Environment Code. The extended producer responsibility is one of the ways to support the design and manufacturing of products according to processes that fully take into account and make easier an efficient use of resources all along their life’s cycle, including as regards fixing, reuse, disassembly, and recycling, without jeopardising the free movement of goods in the internal market. Even if McDonough & Braungart wrote in their book Cradle to Cradle, Remaking the Way We Make Things that “Cradle to Cradle approach considers waste as food, as a nutrient for future”, we must distinguish between, on one hand, packaging meant to contain food before and after they are recycled, and on the other hand, packaging for which recycling is not meant to produce a packaging intended to come into contact with food. All the regulations below are applicable:

- To all companies, whether European or not;

- To all deposits, from EU countries or non-EU countries.

8.2.1. Material recycling for food-contact packaging Legal reference documents for all materials:

▪ Framework regulation No 1935/2004 of 27 October 2004 on materials and articles intended to come into contact with food, for which article 3 provides that they do not transfer their constituents to food in quantities which could endanger human health or bring about an unacceptable change in the composition of the food or bring about a deterioration in the organoleptic characteristics thereof.

▪ Regulation No 2023/2006 of 22 December 2006 on good manufacturing practice for materials and articles intended to come into contact with food.

French National Council (CNE) – All rights reserved – February 2019

32

▪ Regulation No 852/2004 of 29 April 2004 on the hygiene of foodstuffs which reminds in its Annex II, chapter X provisions applicable to the wrapping and packaging of foodstuffs, that: “Material used for wrapping and packaging are not to be a source of contamination.”48

All materials for which ones recycling is not part of specific regulations (cardboard paper, steel, aluminium, etc.) must comply with:

▪ Texts applicable to all materials, especially to those listed above;

▪ The potential national regulations that would regulate material recycling so as to manufacture packaging suitable for food-contact.

Regulations for plastic recycling:

▪ Commission regulation No 282/2008 of 27 March 2008 on recycled plastic materials and articles intended to come into contact with foods.

Manufacturing process of packaging intended to come into contact with food from plastic materials recycling (already complying with regulation No 10/2011 on plastic materials and articles intended to come into contact with food) applies under an authorisation procedure made up of two steps:

▪ Manufacturing process assessed by the European Food Safety Authority (EFSA);

▪ Authorisation issued by the Commission on the basis of the scientific report of the EFSA. In practice, sometimes the Commission does not issue a formal authorisation. In this case, companies start their manufacturing process on the basis of favourable opinion of the EFSA while waiting for pending authorisation.

European regulations do not require a specific type of recycling. Each company can define its own method. A technical file is presented to the EFSA so it can assess the risk of presence in plastic packaging waste of residues coming from previous uses such as contaminants owing to an unfit use or contaminants coming from unauthorised substances. General evaluation criteria are (art. 4 of regulation No 282/2008):

▪ Selection of waste sources used:

a)the quality of plastic input must be characterised and controlled in accordance with pre-established criteria that ensure compliance of the final recycled plastic materials and articles with Article 3 of Regulation (EC) No 1935/2004;

b)the plastic input must originate from plastic materials and articles that have been manufactured in accordance with Community legislation on plastic food contact materials;

▪ Quality of waste,

▪ Sorting methods,

▪ Decontamination methods implemented,

▪ Inspections in compliance with predefined criteria of recycled plastic quality and the end product compliance with regulations, especially with the framework regulation No 1935/2004 on materials and articles intended to come into contact with food.

The French National Packaging Council encourages the reader to be up-to-date regarding amendment propositions to the regulation No 282/2008 made in July 2018 by the European Commission.

48 Regulation No 852/2004 was selected pursuant to regulation (EC) No 178/2002 of 28 January 2002, laying down the general principles and requirements of food law, establishing the European Food Safety Authority

and laying down procedures in matters of food safety.

French National Council (CNE) – All rights reserved – February 2019

33

On 6 July 2011, the EFSA approved a document specific to PET: “Scientific Opinion on the criteria to be used for safety evaluation of a mechanical recycling process to produce recycled PET intended to be used for manufacture of materials and articles in contact with food.” Recycling methods must be able to produce plastic materials of a reproducible and compliant with authorisation quality. This compliance is monitored by the very recycling companies thanks to a quality assurance system (art. 3.2 of Regulation No 282/2008). The preamble of the Commission Regulation (EC) No 282/2008 makes some clarifications about mechanical sorting of plastic objects intended for recycling (art. 4 of Regulation No 282/2008):

▪ Either the plastic input must originate from a product loop which is in a closed and controlled chain ensuring that only materials and articles which have been intended for food contact are

used and any contamination can be ruled out;

▪ Or, it must be demonstrated in a challenge test, or by other appropriate scientific evidence that the process is able to reduce any contamination of the plastic input to a concentration that does not pose a risk to human health.

Do not fall under the regulation No 282/2008:

▪ The methods entailed to decompose plastic materials made of monomer or oligomer by chemical depolymerisation because it was judged that it was possible to treat them as monomers made by chemosynthesis. Therefore, they must comply with the specifications and purity criteria set out in regulation No 10/2011 on plastic materials and articles intended to come into contact with food.

▪ Plastic materials and objects in which recycled plastic is used behind a plastic functional barrier as set out in regulation No 10/2011.

8.2.2. Recycling outside food-contact compliance A/ The place of recycling among management methods of packaging waste The European Directive No 2008/98 on waste49 establishes a legal hierarchy between the various waste processing methods (packaging or other products):

prevention,

preparing for reuse,

chemical recycling (mechanical or organic),

other recovery, e.g. energy recovery,

disposal (on landfills).

According to the directive and the French Environment Code 50: - ‘prevention’ means measures taken before a substance, material or product has become waste, that reduce: the quantity of waste, including through the reuse of products or the extension of the lifespan of products, the adverse impacts of the generated waste on the environment and human health or the content of harmful substances in materials and products; - ‘reuse’ means any operation by which products or components that are not waste are used again for the same purpose for which they were conceived;

49 Directive transposed in the French Environment Code. 50 Art. L541-1-1 C. env.

French National Council (CNE) – All rights reserved – February 2019

34

- ‘recycling’ means any recovery operation by which waste materials are reprocessed into products,

materials or substances whether for the original or other purposes; - final disposal must be considered as a last resort solution.

B/ European Parliament and Council Directive No 94/62/EC 51 on packaging and

packaging waste

No matter which materials, manufacturers or users, all packaging shall be designed, produced and commercialised in such a way as to permit its reuse or recovery, including recycling, and to minimize its impact on the environment when packaging waste or residues from packaging waste management operations are disposed of 52. Directive No 94/62 states that only packaging complying with a number of requirements can be placed on the European market53. These essential requirements are listed in the annex of the directive. They were transposed to the letter in the article R543-44 of the French Environment Code. Their implementation was the subject of the European standard NF EN 1343054 : it suggests a working framework for a self-assessment aiming to ascertain whether the standard requirements have been met or not. It also presents the guidelines regarding recyclability assessment.

8.2.3. Quantitative objectives Circular economy European legislative package55 It is about giving all the Members States a unique legislative framework regarding waste in general and more specifically packaging and packaging waste. The package is made of four texts which especially insist on municipal waste recycling, with the following objectives:

▪ at least 44% of recycled waste from 2018/2019,

▪ 55% by 2025,

▪ 65% by 2035.

As for packaging, 65% will have to be recycled by 2025 and 70% by 2030. The legislative project also restricts the portion of municipal waste that can be disposed in landfill to 10% by 2035: it must become an exception. The four texts were officially passed by the European Parliament on 18 April 2018 and UE members have approved the circular economy package on 22 May 2018. The States Members implement the necessary legislative, regulatory and administrative provisions to comply with the present directive at the latest on 5 July 2020.

51 Directive amended seven times, last time by the directive No 2018/852 of 30 May 2018 voted within the framework of "circular economy". 52 Directive No 94/62, article 4 on prevention, article 9 on design meeting essential environmental requirements and annex II on essential environmental requirements transposed in articles R543-42 and R543-44 paragraphs

1 and 2 1° b) of the French Environment Code. 53 Directive No 94/62, article 4 on prevention, article 9 on design meeting essential environmental requirements and annex II on essential environmental requirements transposed in articles R543-42 and R543-44 paragraph

1 of the French Environment Code. 54 Available on https://www.afnor.org/ 55 https://eur-lex.europa.eu/legal-content/FR/TXT/PDF/?uri=CELEX:32018L0852&from=FR

French National Council (CNE) – All rights reserved – February 2019

35

For the record, founding elements of the circular economy in France:

Programming law of 2009, called Grenelle I56

This law establishes the prevention of waste production as a priority57. Extract of article 46 paragraph 2:

“[…] With this in mind, the national objectives have been set the following way: a) To reduce the production of household and similar waste by 7% per inhabitant for the next five years; b) To increase material and organic recycling so as to guide these branches towards a rate of 35% in 2012 and 45% in 2015 of household and similar waste against 24% in 2004, this rate being increased to 75% as from 2012 for household packaging waste and normal waste of companies except for the construction industry, the agriculture sector, the agri-food sector and specific activities.

Especially, improve the organic waste management by fostering in priority local management, with home and local composting, and also the anaerobic digestion and composting of the fermentable part of household waste, more specifically the fermentable part of waste of large producers collected separately to guarantee in particular environmental, health and agronomic quality of composted materials and the traceability of their return to soils.” Amended Article L. 541-1 of French Environment Code This article sets the guidelines of the French policies of waste management. It introduces a second life’s cycle in the French regulations: « 1° First, part I is added and written that way: « I. – National policies on waste prevention and management is an essential tool for the transition to circular economy. Its objectives, passed so as to abide by the hierarchy of waste processing methods set out in II, are the following: 1° Favour the prevention and reduction of waste production, by reducing by 10% the household and similar waste produced per inhabitant and by reducing the waste from economic activities per value unity produced, in particular for the construction industry, in 2020 in comparison to 2010 […]. 4° Increase the amount of waste being subject to material recovery, especially organic, by generating towards these recovery branches, respectively 55% in 2020 and 65% in 2025 of non-hazardous non-inert waste, measured in density. 5° Progressively extend sorting instructions to all the plastic packaging throughout France before 2022, so they can be recycled before anything else, while taking into account prerequisites coming from the expansion trial of plastic sorting instructions that started in 2011. 7° Reducing by 30% the amount of non-hazardous non-inert waste allowed in storage facilities in 2020 in comparison to 2010, and by 50% in 2025. 8° Reducing by 50% the amount of non-reusable manufactured goods placed on the market before 2020 […].

56 Law No 2009-967 of 3 August 2009. 57 Article 46.

French National Council (CNE) – All rights reserved – February 2019

36

II. – Provisions of the present chapter and the article L. 125-1 aim to:

1° First and foremost, prevent and reduce the generation and harmfulness of waste, especially by working on designing, manufacturing and distribution of substances and products that promote the reuse, along with reducing global effects of the use of resources and improving the efficiency of their use;

2° Implement a hierarchy of waste processing methods entailed to opt for:

a) Preparing for reuse; b) Recycling; c) Other recovery, e.g. energy recovery; d) Disposal […]

4° Organise the transportation of waste and limit its distance and amount in accordance with the proximity principle […].

French National Council (CNE) – All rights reserved – February 2019

37

8.3. Packaging functions

Containing and preserving the content

It is about protecting:

- The external environment from the contained product (limit leakage risks, obstruct the solvent evaporations in order to protect users’ health, prohibit dangerous uses for children, etc.),

- The content from external threats (limit deteriorations due to mechanical chocks, reduce unwanted transfers of flavours and smells, preserve from air or oxygen deteriorations, obstruct any intrusion of germs, insects or unwanted products, avoid stealing or using of the content before being sold, maximise the lifespan of perishable products, etc.).

Informing

- Give general and legal information (expiry date, storage temperature, instructions for use, dosage unit, composition, presence of allergens, price, amount, weight, etc.),

- Provide information on production conditions (ecolabel, quality French red label, fair trade, controlled designation of origin, etc.),

- Provide information about the features specific to a product in its market (brand, allegations related to nutrition and/or health, recipes, cooking methods, product background, etc.).

Gathering

- Gather several demand units in anticipation of a harmony between products use and the frequency of buying (packs of yogurt and packs of beer bottles),

- Gather products into flexible units (packets of several biscuits) so as to adapt to all consumption patterns (nomadism, etc.),

- Guarantee the products promotion (promotion pack),

- Enable grasping and shipping to consumers,

- Make easier the shelving or any handling operation by operators.

Transporting/Storing

- Guarantee the delivery from the production site to the sales site without damage (protection against mechanical ravages to the product-packaging pairing) with wood pallets, corrugated cardboard tops, edge protectors, metallic or plastic connections, stretch or shrink films, etc.,

- Protect against all kinds of malicious acts,

- Inform logistics centres on the content of crates (logo, brand, content, barcodes, etc.),

- Guarantee the portability to consumers’ domicile.

- Allow storage possibilities at consumers’ domicile.

Making the use easier

The product use goes along with its packaging, both being often inseparable: - Easy-opening products for various consumers categories (senior-citizens, children, mobile

teenagers, athletes, etc.),

- Resealing mechanism for a postpone use of the product,

- Several portions for a divided or nomad use,

- Ergonomic grasping of the product guaranteeing an optimal harmony between weight, size, shape and use frequency,

French National Council (CNE) – All rights reserved – February 2019

38

- Adaptation to the need to limit losses,

- Product return: remove as much as possible the content from the packaging,

- Use container-content pairing for all storing methods (freezing) or cooking methods (oven, micro-waves, water bath, etc.).

Make easier the products packaging operations

- Fulfill mechanisations,

- Guarantee the security of employees working in manufacturing chains of products packaging and wrapping,

- Resistance to unit operations of wrapping (collision, heat, output, vibration, closing, health, canning, etc.).

Enhance products and convey products’ values and/or brands’ and companies’ values

- Stimulate buying with packaging, which is a beacon within shelf displays – consumers only spend few seconds in a section – thanks to colour reference documents, the product shape, the material used and the universe it alludes to, graphics and typography for an immediate recognition of the product,

- Convey the brands’ and companies’ assets and values (Corporate Social Responsibility)

- Guarantee the consumer’s acceptability during the stages of products’ purchase and use58.

58 “Packaging acceptability, for products, consumers and users”, French Packaging Council, October 2010.

French National Council (CNE) – All rights reserved – February 2019

39

Acknowledgments

3M FRANCE ANDRIEUX Guillaume AMC BLADIE Jérémy

ANIA MATHIEU FIGUEIREDO Léa ARCELOR MITTAL France JUNG Catherine

AVOCAT MADELEX MARTIN Sylvain

CANDIA DELHEURE Laure CAP DE BOISGROLLIER Philippe

CARREFOUR CUYNET Romain CARREFOUR GARNIER Bruno

CFA BLOTTIERE Jean

CITEO DE LOS LLANOS Carlos CITEO MASSIP Gaultier

COF DESBOUIS Kareen COLGATE PALMOLIVE FONTANA Caroline

COOPERATIVE U ENSEIGNE GUYOTON Marie EAUX MINÉRALES SAINT-AMAND BAUDET Noémie

ELIPSO DAGEVILLE Séverine

FAR ABOULFARAJ Mostafa FCSIV BORDAT Jacques

FEBEA DELANGLE Nathalie FEDERATION DE LA PLASTURGIE COLIN Anne-Cécile

FEDEREC HALBY Marion

FLEURY MICHON DAMAS Aurélie FLEURY MICHON JARRAULT Céline

FLEURY MICHON TRANCHANT Cyril FLEURY MICHON JEGOU Aline

GROUPE BARBIER PICHON Gérard

GROUPE BEL MINASSIAN Sophie GROUPE BEL PENNARUN Pierre-Yves

GROUPE BEL VERNIER Alexandre GROUPE GUILLIN FOUQUET Jean-Daniel

ILEC BAEYENS Evangeline INSTITUT DU COMMERCE CHALVIGNAC Emilie

JOKEY FRANCE DESSAINT Franck

KNAUF LE BERRIGAUD Arnaud LESIEUR TRAN Christophe

LNE SAUVEGRAIN Patrick LNE VINCELOT Thierry

L'ORÉAL LE HOUEZEC Léa

MONOPRIX DUMAS Audrey PLASTICSEUROPE MILLET Hervé

SMURFIT KAPPA BAG-IN-BOX BOYER Sandra SNFBM MATHIEU Claudie

SOCIÉTÉ DES EAUX MINERALES DE ST-AMAND BAUDET Noémie SYNDIFRAIS FABIEN-SOULÉ Véronique

COOPÉRATIVE U ENSEIGNE POINTET Jean-Michel

COOPÉRATIVE U ENSEIGNE GUYOTON Marie VALORPLAST JULIEN-FERRY Aude

VALORPLAST LE DREFF Benoît WWF FRANCE DELAIRE Jean-François

CNE Bruno SIRI CNE Michel FONTAINE

CNE Maryse BRICOUT

French National Council (CNE) – All rights reserved – February 2019

40

Board of directors

Michel Fontaine, Chairman Bruno Garnier, FCD, Vice chairman Noël Mangin, REVIPAC, Treasurer

Kaméra Vésic, PIK PIK Environnement, Secretary

Evangeline Baeyens, ILEC Jacques Bordat, CSVMF

Olivier de Lagausie, CLIFE Jean-François Delaire, WWF France

Carlos de Los Llanos, CITEO Kareen Desbouis, CLIFE

Philippe Joguet, FCD Fabrice Peltier, INDP

Antoine Robichon, CITEO Arnaud Rolland, Coca-Cola France

Véronique Sestrières, Comexposium Lydie Tollemer, Familles de France

Bruno Siri, General Delegate

Nine co-workers of the CNE

Packaging material manufacturers, Packaging manufacturers,

Producers of consumer goods, Distributors,

Approved collection and recovery systems and operators, Consumer organisations,

Environmental protection organisations, Local authorities.

Other associations, other companies

All our publications are available online: www.conseil-emballage.org

For further information, please contact:

Bruno Siri, General Delegate Conseil National de l’Emballage Telephone: +33 1 53 64 80 30

Email: c.n.e@wanadoo.fr