Environmental compliance

SUPD: Implementing act clarifies recycled content calculation for PET bottles

The European Commission is set to adopt a new Implementing Decision laying out updated rules for the calculation, verification and reporting of recycled plastic content in single-use PET beverage bottles under Directive (EU) 2019/904 (SUPD). It replaces Implementing Decision (EU) 2023/2683.

According to the new decision, recycled content must be calculated as a percentage of the total plastic weight of PET bottles, including caps, lids, labels and sleeves.

Only plastic derived from post-consumer waste may be counted. Where recycled content cannot be directly measured, mass balance accounting must be applied at facility level. Material used for fuels or process losses cannot be counted, and attributed volumes may not be transferred between facilities.

The Decision also sets conditions for counting recycled plastic from third countries. Such material may only be considered from 21 November 2027 and must meet specific environmental requirements. Member States must collect and verify data from economic operators on a risk-based basis.

The new methodology applies from the twentieth day following its publication in the Official Journal of the European Union.

Simplification: ENVI committee to lead on Environmental Omnibus proposals

The European Parliament has allocated committee responsibilities for the Commission’s December Omnibus package.

In a meeting of the Conference of Presidents, political group leaders assigned the Parliament’s Environment Committee (ENVI) lead responsibility for the Environmental Omnibus proposals.

These include measures to accelerate environmental assessments and to reduce administrative burdens across a range of EU environmental legislation.

ENVI will also lead on the proposal to extend the Carbon Border Adjustment Mechanism (CBAM) to certain downstream goods, as well as on the establishment of a temporary decarbonisation fund as proposed by the Commission in the context of its Clean Industrial Deal. The Industry Committee (ITRE) will contribute through opinions on the relevant files.

Discussions on competitiveness and regulatory streamlining are intensifying at EU level.

At an informal retreat in February, EU leaders focused on strengthening competitiveness, deepening the Single Market and advancing the Union’s simplification agenda, with a view to agreeing concrete measures at the March European Council meeting.

Discussions also focused on exploring the concept of a “28th regime” to facilitate cross-border business activity, and mobilising both private and public investment to reduce strategic dependencies and reinforce critical industrial sectors.

The informal council meeting took place a day after the Antwerp Industry Summit, where both industry and policy leaders raised concerns over Europe’s chemicals and plastic industries being able to compete with other regions, warning among other things of global overcapacity and weak market conditions.

These challenges are also evident in secondary plastic markets: recyclers still struggle to sell recyclates, with stocks building up amid weak demand and competition from low-cost virgin plastics.

As such, prices for refurbished drums and intermediate bulk containers have dropped to very low levels to keep up with newly produced containers made from primary raw materials.

Textiles: Secondary legislation to prevent destruction of unsold products

The European Commission has adopted two secondary legislation texts under the Ecodesign for Sustainable Products Regulation (ESPR). The secondary legislation will operationalise the prohibition of the destruction of unsold apparel, clothing accessories and footwear.

A Delegated Regulation defines specific derogations from the ban on destroying unsold consumer products under Regulation (EU) 2024/1781, which will apply from 19 July 2026.

Destruction is permitted only in duly justified cases, such as safety risks, legal non-compliance, intellectual property issues, technical unfeasibility of reuse, significant damage, or unsuccessful donation efforts after at least eight weeks.

Economic operators must keep supporting documentation for five years and inform waste treatment operators of the applicable derogation.

In parallel, an Implementing Regulation establishes a harmonised format and detailed rules for the disclosure of information on discarded unsold consumer products.

Large enterprises – and from July 2030 also medium-sized enterprises – must report annually on the number and weight of discarded products, the reasons for discarding, the applicable derogations and the waste treatment operations used.

The Regulation introduces a standardised reporting format based on Combined Nomenclature (CN) codes and requires documentation to be kept for verification purposes.