Werner & Mertz
Herstellung und Vermarktung von Wasch- Putz- und Reinigungsmitteln sowie Kosmetikprodukten
ID: 363185749185-57
Lobbying Activity
Response to EU rules for the calculation and reporting of recycled content in single-use plastic bottles
18 Aug 2025
Werner & Mertz welcomes the Commissions effort to establish a consistent and transparent methodology for calculating, verifying, and reporting the recycled content of plastics. We particularly appreciate the focus on using actual measured plant data and the explicit limitation of certain transitional provisions until a revision in 2030. It is in everyones interest to prevent misuse, ensure credibility, and strengthen plastics recycling as a genuine pillar of the European circular economy and sustainability policy. 1. Fundamental position on the fuel excluded method Before commenting in detail, we reiterate our fundamental concern regarding the proposed fuel excluded method for mass balancing. This approach risks misleading consumers and distorting competition to the detriment of mechanical recycling, as it enables substantially higher amounts of recycled content to be claimed than are actually present in plastics. Under this approach, all recycled input not used for fuel production may be credited towards plastic output, even where significant shares are processed into other chemical products or dual-use substances. This allows virgin plastics to be marketed as recycled, creating greenwashing risks, consumer deception, and competitive disadvantages for mechanical recyclers. 2. Definition of post-consumer waste The revised definition, which now includes material originating from third countries, undermines material quality and the European circular economy while creating a substantial enforcement burden for Member States, as oversight would have to extend to facilities beyond their jurisdiction. In contrast to the PPWR context, there is no risk of discrimination against imports here, since calculations occur at Member State level and imported volumes have no significant impact on the overall packaging market. We urge the Commission to support European recyclers and deposit return systems and allow only European material to be counted towards the target. 3. Technology-neutral mass balance rules Recitals (6) and (8) state that all relevant recycling processes, including chemical recycling, should be covered. However, the draft does not clearly indicate which calculation rules apply to which technology path, as the scope of Articles 7(3) and 7(4) remains ambiguous. Mechanical recycling is unnecessarily singled out, even though the basic yield calculation is identical Output = Input × Conversion Factor. A special workaround method is introduced solely for a sub-process of pyrolysis (steam cracking), as reflected in Article 7(3), where the maximum share of recycled content is allocated in a way that benefits chemical recycling. In our view, the Implementing Decision would benefit from clearer definitions, precise scope descriptions, and a distinct differentiation between a calculation point and an alternative yield calculation with allocation rules. 4. Improvements to the calculation model (Article 7) Article 7 is unnecessarily complex and drafted in a way that leaves significant room for interpretation. To ensure legal certainty and consistent application across Member States and industry, the Implementing Decision should contain explicit mathematical formulas, flow charts, or step-by-step schemes rather than relying on open-ended narrative descriptions. The logic of dual-use factors is mentioned only in Article 7(4)(c); this should be elevated to a new Article 7(5) to ensure coherence. Material accounted for as recycled content must be traceable through all subsequent conversion steps to prevent crediting fractions that do not originate from genuine post-consumer material. Without clear calculation guidance and full traceability, the methodology risks undermining transparency and enabling systematic greenwashing. Werner&Mertz stands ready to contribute concrete proposals to help make the calculation methodology robust, enforceable, and fully aligned with the goal of a credible European plastics circular economy.
Read full responseMeeting with Malte Gallée (Member of the European Parliament) and Ecopreneur.eu and Mehrwegverband Deutschland e.V.
23 Mar 2023 · Packaging and Packaging Waste