8 NEWS PETplanet Insider Vol. 24 No. 12/23 www.petpla.net EU: Council and Parliament reach provisional agreement on waste shipment Negotiators from the Council and the European Parliament have reached a provisional political agreement to overhaul regulations governing waste shipments. The revised regulation is geared towards curbing problematic waste exports beyond the EU, aligning shipment procedures with circular economy objectives, and bolstering enforcement measures. The regulation’s scope expands to encompass climate neutrality and circular economy goals. It expressly prohibits intra-EU waste shipments for disposal, allowing exceptions only under stringent conditions. Intra-EU shipments for recovery operations necessitate prior written notification and consent (‘PIC’), with a specific derogation for laboratory analysis waste weighing under 250 kg. Under the ‘PIC’ procedure, exporters within the EU must notify and receive confirmation from relevant countries before export. A central electronic system streamlines document submission and exchange, with agreed-upon timelines to ensure efficiency. The regulation maintains the prohibition of waste disposal exports to third countries and the export of hazardous waste for recovery in non-OECD countries. It introduces mandatory audits of waste management facilities in destination countries by independent bodies. A register of audited facilities will be established by the Commission to assist waste exporters. Exports of plastic waste Stringent rules are introduced for exporting non-hazardous plastic waste (B3011) to non-OECD countries. Non-OECD countries may request the importation of EU plastic waste, subject to strict standards, with the Commission empowered to lift the export ban for compliant countries. Export of non-hazardous plastic waste to OECD countries is allowed, contingent on the ‘PIC’ notification procedure. The Commission is tasked with rigorous monitoring to prevent adverse environmental and health impacts. Member states are urged to establish dissuasive penalties for regulation infringements, including fines and the revocation or temporary suspension of relevant authorisations. Effective cooperation mechanisms at national and international levels are mandated, with the establishment of a waste shipment enforcement group to enhance collaboration between member states. The provisional agreement will be submitted to the Council’s representatives and the Parliament’s environment committee for endorsement. Formal adoption by both institutions, following legal-linguistic revision, is required before publication in the EU’s Official Journal. www.consilium.europa.eu Consumer groups launch EU-wide complaint against major water bottle producers On November 7, 2023, the European Consumer Organisation (Beuc) and member organisations from 13 countries reported misleading commercial claims about the recyclability of products by major drinking water bottle traders, including Coca-Cola, Danone, and Nestlé Waters/Nestlé. According to their statement, such claims do not comply with the EU rules on unfair commercial practices. The complaint was filed with the support of ClientEarth and Ecos - Environmental Coalition on Standards. The industry’s recyclability claims are accused to be vague, inaccurate, or insufficiently substantiated. The three key claims of concern the groups defined are: 1) “100% recyclable”: According to the claimants, the term’s ambiguity depends on factors like infrastructure, sorting effectiveness, and recycling processes. The PET beverage bottle recycling rate in the EU is estimated at 55%, with a 30% chance of becoming a bottle again, according to their source Eunomia and Zero Waste Europe. 2) “100% recycled”: This claim, the organisations say, would wrongly imply the full bottle is made entirely from recycled materials. EU law prohibits bottle lids from using recycled materials, and labels are rarely made from recycled material. Virgin plastic addition to the bottle body is also common, according to the accusation. 3) Use of green imagery: Branding often incorporates closed loops, green logos, or nature images, creating a false perception of environmental neutrality and plastic circularity, according to the claimants. Beuc and its members have filed a complaint with the European Commission and the network of consumer protection authorities (CPC), calling on them to launch an investigation. They call on authorities to ensure traders stop misleading consumers with such claims. Ursula Pachl, Deputy Director General of Beuc, emphasised the increasing consumer desire for sustainable choices but stated a bombardment of incorrect claims would lead to consumer confusion. Justin Wilkes, Executive Director of Ecos, called for policymakers to establish clear rules on recycled content to end misleading green claims. Beuc represents 45 independent national consumer organisations in Brussels. ClientEarth is a non-profit organisation using the law for systemic change to protect the Earth, while Ecos advocates for environmentally friendly technical standards, policies, and laws. www.beuc.eu
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