1. DGENV A.2 02/04/04 Slide: 1 European Commission DG Environment Production, Consumption and Waste LCA, essential requirements and indicators: Experiences in the context of the Packaging Directive Otto Linher, European Commission DG Environment Otto.Linher@cec.eu.int http:/europa.eu.int/comm/environment/waste

2. DGENV A.2 02/04/04 Slide: 2 European Commission DG Environment Production, Consumption and Waste Why is LCA an instrument to evaluate the benefits of policy on packaging? l lTraditionally, waste policy focused on limiting the negative consequences of waste disposal  In this framework, it is enough to limit analysis to the waste stage l lRecycling replaces virgin materials in new products  This requires to include the production of virgin materials into the system boundaries l lPackaging prevention, re-use vs. recycling etc. have an impact on all stages of the life-cycle of packaging and the packed product  This requires a comprehensive analysis in order not to disregard effects on other stages of the life cycle or on other relevant systems

3. DGENV A.2 02/04/04 Slide: 3 European Commission DG Environment Production, Consumption and Waste How was life cycle assessment used in the context of packaging? l lto demonstrate that a particular packaging type or recycling a particular packaging type  Is environmentally friendly in line with the waste hierarchy  Or is not environmentally friendly and that the waste hierarchy does not apply in a particular case

4. DGENV A.2 02/04/04 Slide: 4 European Commission DG Environment Production, Consumption and Waste However, … l lLCA proved to be time and resource consuming… l l…and there were different results on the same question l lTherefore, many actors preferred just to apply the waste hierarchy on a common sense basis

5. DGENV A.2 02/04/04 Slide: 5 European Commission DG Environment Production, Consumption and Waste The Waste Management Hierarchy:   A flexible principle based on common sense Reuse Energy recovery Landfill Prevention Recycling Incineration without energy recovery

6. DGENV A.2 02/04/04 Slide: 6 European Commission DG Environment Production, Consumption and Waste Life Cycle Assessment and the Packaging Directive (1) l lRecital 8: “Whereas, until scientific and technological progress is made with regard to recovery processes, reuse and recycling should be considered preferable in terms of environmental impact; […]; whereas life-cycle assessments should be completed as soon as possible to justify a clear hierarchy between reusable, recyclable and recoverable packaging”

7. DGENV A.2 02/04/04 Slide: 7 European Commission DG Environment Production, Consumption and Waste The work done since the adoption of the Packaging Directive l lLCA data and methods were greatly improved (ISO 14040, databases, many studies) l lRDC/Coopers and Lybrand for the European Commission 1997: Eco-balances for policy-making in the domain of packaging and packaging waste ●Results of LCA depend on a number of crucial variables and assumptions HE.g. energy scenarios HDistribution distances H…H… ●It is also not easy to weigh various impact categories against each other ●However, it is possible to identify ranges of probable impacts

8. DGENV A.2 02/04/04 Slide: 8 European Commission DG Environment Production, Consumption and Waste Life Cycle Assessment and the Packaging Directive (2): Reuse l lArticle 5: “Member States may encourage reuse systems of packaging, which can be reused in an environmentally sound manner, in conformity with the Treaty” ●What is environmentally friendly? LCA! ●How to weigh environmental and Internal Market objectives?

9. DGENV A.2 02/04/04 Slide: 9 European Commission DG Environment Production, Consumption and Waste Life Cycle Assessment and the Packaging Directive (3): Prevention l lArticles 9, 10 and 18 in relation to annex II: ●Packaging may only be placed on the market if it fulfils the essential requirements ●Member States may not impede the placing on the market of packaging that fulfils the essential requirements ●The Commission shall encourage standardisation relating to essential requirements l lArticle 4: additional prevention measures

10. DGENV A.2 02/04/04 Slide: 10 European Commission DG Environment Production, Consumption and Waste The “New Approach” l lConcept taken from directives relating to health and safety requirements of products circulating freely in the internal market: ●Classical regulation proved to be too heavy and technical for the Community legislative process ●Therefore, limitation to “essential requirements” ●For details, mandates are given to standardisation bodies (CEN, CENELEC, ETSI) to elaborate “harmonised standards” ●These harmonised standards give automatic presumption of conformity with essential requirements ●Member States check compliance on the basis of conformity assessment procedures and market surveillance

11. DGENV A.2 02/04/04 Slide: 11 European Commission DG Environment Production, Consumption and Waste The essential requirements in the Packaging Directive l lMinimisation to minimum adequate amount l lMust permit reuse or recovery, including recycling, and minimise its environmental impact of disposal l lMinimise noxious or hazardous substances

12. DGENV A.2 02/04/04 Slide: 12 European Commission DG Environment Production, Consumption and Waste The problems with the “New Approach” in the context of the environment l lIt is relatively easy to determine whether a product is safe or not l lIn the context of health and safety, companies have a clear interest to eliminate products which do not fulfil the essential requirements l lHowever, it is much more difficult to determine what is environmentally friendly and what is not

13. DGENV A.2 02/04/04 Slide: 13 European Commission DG Environment Production, Consumption and Waste The problems with the essential requirements in the Packaging Directive l lProved to be difficult to implement ●What is minimisation? ●What is an adequate amount? ●Standardisation could not give clear yes/no answers (management- oriented standards) ●In the absence of such clear answers, it is difficult for enforcement authorities to decide what is acceptable or not ●This is aggravated by the fact that the directive still does not have a conformity assessment procedure ●Currently, only the UK and France are known to systematically enforce the essential requirements

14. DGENV A.2 02/04/04 Slide: 14 European Commission DG Environment Production, Consumption and Waste The resulting dilemma l lMany Member States and the European Parliament want to do more on packaging prevention l lPrevention measures on the basis of Article 4 such as consumer campaigns have limits l lRestrictions of particular packaging types are not allowed under Article 18 of the directive

15. DGENV A.2 02/04/04 Slide: 15 European Commission DG Environment Production, Consumption and Waste Packaging prevention targets? l lIt is not necessarily the weight which determines whether a packaging is environmentally friendly or not l lCutting the weight for all packaging may result in breakage and spilling of products l lIf not all packaging has to reduce weight, which ones have to?

16. DGENV A.2 02/04/04 Slide: 16 European Commission DG Environment Production, Consumption and Waste Is life cycle assessment a solution? l lUltimately, it is the overall environmental impact throughout the life cycle of packaging which counts l lLCA is the yardstick to measure these impacts l lHowever, LCA is a heavy tool – simplified procedures and indicators may help to an extent l lHowever, it is not an automatic decision making tool and needs to be properly understood   More inventive approaches are needed…

17. DGENV A.2 02/04/04 Slide: 17 European Commission DG Environment Production, Consumption and Waste The Review Clause in the Revised Packaging Directive (Art 6(8)):  Commission to present a report by 30 June 2005, as appropriate accompanied by proposals for revision of the related provisions of this Directive  Evaluation of impact on environment and Internal Market  Prevention: essential requirements, packaging environment indicator, prevention plans  Re-use  Producer responsibility  Heavy metals and other hazardous substances

18. DGENV A.2 02/04/04 Slide: 18 European Commission DG Environment Production, Consumption and Waste The challenge for the Commission l lCarefully study all options to strengthen the prevention of packaging l lExplain all elements in a clear and understandable language which correctly reflects advantages and disadvantages of options l lSketch options for a consistent system to minimise environmental impacts l lEnsure that such a system can be operated without overburdening small and medium-sized companies (life- cycle thinking versus life-cycle assessment) l lFind ways to use the experiences of companies to improve their packaging l lMake sure that the system can be enforced if companies do not comply

19. DGENV A.2 02/04/04 Slide: 19 European Commission DG Environment Production, Consumption and Waste Conclusion   Life cycle assessment is the yardstick to measure environmental impacts related to the life cycle of packaging and the packed products   In order to make LCA operational in a legislative context, an intelligent framework is needed   Options to improve the current framework are being studied