LCA, essential requirements and indicators: Experiences in the context of the Packaging Directive

1. 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. Why is LCA an instrument to evaluate the benefits of policy on packaging? Traditionally, waste policy focused on limiting the negative consequences of waste disposal In this framework, it is enough to limit analysis to the waste stage Recycling replaces virgin materials in new products This requires to include the production of virgin materials into the system boundaries Packaging 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. How was life cycle assessment used in the context of packaging? to 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. However, … LCA proved to be time and resource consuming… …and there were different results on the same question Therefore, many actors preferred just to apply the waste hierarchy on a common sense basis

5. The Waste Management Hierarchy: A flexible principle based on common sense Prevention Recycling Incineration without energy recovery Reuse Energy recovery Landfill

6. Life Cycle Assessment and the Packaging Directive (1) Recital 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. The work done since the adoption of the Packaging Directive LCA data and methods were greatly improved (ISO 14040, databases, many studies) RDC/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 E.g. energy scenarios Distribution distances … It is also not easy to weigh various impact categories against each other However, it is possible to identify ranges of probable impacts

8. Life Cycle Assessment and the Packaging Directive (2): Reuse Article 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. Life Cycle Assessment and the Packaging Directive (3): Prevention Articles 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 Article 4: additional prevention measures

10. The “New Approach” Concept 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. The essential requirements in the Packaging Directive Minimisation to minimum adequate amount Must permit reuse or recovery, including recycling, and minimise its environmental impact of disposal Minimise noxious or hazardous substances

12. The problems with the “New Approach” in the context of the environment It is relatively easy to determine whether a product is safe or not In the context of health and safety, companies have a clear interest to eliminate products which do not fulfil the essential requirements However, it is much more difficult to determine what is environmentally friendly and what is not

13. The problems with the essential requirements in the Packaging Directive Proved 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. The resulting dilemma Many Member States and the European Parliament want to do more on packaging prevention Prevention measures on the basis of Article 4 such as consumer campaigns have limits Restrictions of particular packaging types are not allowed under Article 18 of the directive

15. Packaging prevention targets? It is not necessarily the weight which determines whether a packaging is environmentally friendly or not Cutting the weight for all packaging may result in breakage and spilling of products If not all packaging has to reduce weight, which ones have to?

16. Is life cycle assessment a solution? Ultimately, it is the overall environmental impact throughout the life cycle of packaging which counts LCA is the yardstick to measure these impacts However, LCA is a heavy tool – simplified procedures and indicators may help to an extent However, it is not an automatic decision making tool and needs to be properly understood More inventive approaches are needed…

17. 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. The challenge for the Commission Carefully study all options to strengthen the prevention of packaging Explain all elements in a clear and understandable language which correctly reflects advantages and disadvantages of options Sketch options for a consistent system to minimise environmental impacts Ensure that such a system can be operated without overburdening small and medium-sized companies (life-cycle thinking versus life-cycle assessment) Find ways to use the experiences of companies to improve their packaging Make sure that the system can be enforced if companies do not comply

19. 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