Environment Bill

Written evidence submitted by the Bio-based and Biodegradable Industries Association (BBIA), and the Association for Renewable Energy and Clean Technology (REA) (EB30)

Written evidence to the Environment Bill Committee

About BBIA

BBIA is a membership organisation, which represents manufacturers and distributors of materials and products that have a common origin in being partially or wholly plant-based, and a common end-of-life in being biodegradable in certified environments. These include materials like compostable packaging but also insulation materials, lubricants, and building blocks for the chemistry industry. Members include TIPA, BASF, Novamont, BIOTEC, Planglow, Wool Cool Packaging, Parkside Packaging, Futamura, Natureworks, Vegware, and the REA (full member list at https://bbia.org.uk/bbia/membership/). Members’ activities can be understood in the wider context of the bioeconomy, which has a value of £220bn annually and employs some five million people, including in farming.

About the Association for Renewable Energy and Clean Technology (REA)

The REA is the UK’s largest trade association for renewable energy and clean technologies, representing 550 members operating across heat, power, transport, and natural capital. A not-for-profit trade association in operation since 2001.  The Association’s membership ranges from project developers to manufacturers, installers, consultancies, financiers, and academic institutions. The REA’s Organics Recycling Group comprises 207 members, numerous of which operate commercial composting facilities, and its ‘Biogas Group’ comprises 215 members, a number of which operate commercial scale anaerobic digestion (AD) facilities.

Renewable Energy Assurance Limited (REAL) is a wholly owned subsidiary of the REA. REAL carries out a range of certification and consumer protection activities, all of which promote sustainable energy and resource management. REAL is the owner of several certification schemes, including the Compostable Materials Certification (CMCS) - certifying compostable materials to existing national and international standards. REAL also runs the UK certification schemes for compost quality (Compost Certification Scheme) and ‘digestate’ from anaerobic digestion plants (Biofertiliser Certification Scheme).

Both associations are supporting members to ensure that Parliament takes the opportunity through the Environment Bill to introduce stringent standards around compostable materials, reducing the scourge of conventional unrecyclable, single use plastics and making a success of food waste schemes as they are introduced throughout England in the coming three years.

Executive Summary

1. The Environment Bill is a landmark piece of legislation to tackle the biggest environmental priorities of our time. However, when it comes to supporting and facilitating plastic alternatives to replace unrecyclable conventional plastic packaging the Bill remains insufficient.

2. For flexible plastic packaging - of the sort used widely for fruit and vegetable bags, coffee pods, tea bags and other food produce packaging - the rate of collection and recycling in the UK is a shockingly low 4% (WRAP 2018). Indeed the Plastic Pact led by the Waste Resource Action Programme (WRAP) – partially funded by Defra – sets a recycling target of just 7% by 2022 for flexible plastic films.

3. Compostable packaging provides a smart solution for this problem. These materials shift away from the inefficient mechanical recycling stream, into a nature-based solution that biodegrades naturally under composting conditions.

4. In consequence, other countries are moving toward a distinction between conventional and compostable plastics, to encourage a transition to the latter in certain uses such as flexible films. Italy, for example, is encouraging a shift to compostable plastic bags by excluding them from the ban on the sale of single-use bags. France mandates the use of compostable fruit and vegetable bags in shops; plastic bag bans, excluding compostable bags, are in force in many countries, states and cities including China, California, and New York.

5. As food waste collection is expanded, it is imperative that government and local authorities alike see compostable packaging as part of that waste stream to enable citizens to send their food waste to treatment in bags compatible with the treatment itself, i.e. compostable.

6. Likewise, it is important to avoid financial and environmental cost of contamination in the food waste stream, by ensuring that food waste is collected only in compostable bin liners. This can be achieved in the first instance by local authorities supplying such liners, but may be achieved in the longer term by making compostable plastic carrier bags commonplace through an exemption from the single-use plastic carrier bag charge. This model is used in Italy which has gone a step further by banning conventional plastic lightweight carrier bags altogether, but permitting compostable bags as well as mandating the use of compostable bin liners for food waste collections.

7. We have worked with our members to produce a series of draft amendments to the Environment Bill to encourage a shift from conventional to compostable plastics for certain applications as outlined by WRAP in its Guidelines for Compostable Packaging published on February 6th 2020:

· Amendment A is a new clause which would compel the Secretary of State to set a specific target for reduction in the import and production of conventional single use plastic packaging.

· Amendment B adds reducing the use of conventional plastic packaging to the list of long-term targets which must be addressed by the Secretary of State.

· Amendment C seeks to create a distinction between compostable and conventional plastics within the new regime on single-use plastic items.

· Amendment D seeks to encourage a transition from conventional to compostable carrier bags, by excluding compostables from the carrier bag levy.

· Amendments E, F, and G seek to ensure local authorities make provision for the collection of flexible compostable packaging films, alongside food and garden waste.

· Amendment H provides for compostable caddy liners to be provided for residents, to ensure that food waste is not contaminated by people mistakenly using conventional plastic to line their caddies.

· Amendment J provides for clarification on the exemption of all compostable plastics, and not just cellulosic compostables, from the application of the Plastic Tax as announced in the Budget March 11th 2020.

The failure of plastics recycling

8. Despite decades of investment in infrastructure and technology in the UK, the overall rate of plastic packaging collected for recycling was just 30% in 2018 (WRAP, WWF UK, 2019). Of this less than half was actually recycled as much plastic is exported to destinations that are not capable of effective recycling.

9. When it comes to flexible plastic packaging - of the sort used widely in microwave meals, bags of freezer food and the linings of cereal boxes - the rate of collection and recycling drops to a shockingly low 4% (WRAP 2018). The rest of these materials end up in landfill, incineration, our oceans and natural habitats where they remain for centuries, causing environmental damage.

10. These materials, because of their light weight and zero value, are extremely difficult to collect and recycle. Moreover, as they are often used for food packaging, they are often stuck to food or contain food, which makes them impossible to recycle in the plastic waste stream.

Compostables as a sustainable solution

11. Compostable packaging provides a smart alternative to materials not suitable for plastics recycling. Compostable materials shift away from the inefficient mechanical recycling stream, into a nature-based solution that biodegrades naturally under composting conditions.

12. By transforming organic waste into compost, we can make a real difference in reducing the amount of plastic waste disposed of in landfills and improve the capturing and valorisation of organic waste, in accordance with the UK bioeconomy and the Resource and Waste Strategy strategy both published in 2018.

13. Moreover, by assisting the clean collection of food waste, we can avoid the massive contamination we currently have from non-compostable plastic residues in organic waste collection systems and therefore in compost and digestate spread to soil. Returning composts and digestates to soils is also much needed to ensure long term sustainability of our farming.

Potential parliamentary support

14. In February 2020, a representative poll of 100 MPs by Survation found that 98 per cent of MPs believe compostable packaging alternatives can be part of the solution to the plastic crisis. It also found that 86 per cent of MPs believed the UK Government should invest more in infrastructure to deal with compostable materials.

15. By 2023, the UK will have the capacity for nation-wide collection of compostable packaging along with as food and garden wastes. With sufficient education, the right infrastructure and some minor legislative changes, compostable materials could replace a part of the plastic which presently is impossible to recycle and goes to landfill or incineration.

Compostability versus Biodegradable

16. Biodegradation is a natural process similar to when humans digest food or plants decompose into soil and in which materials are metabolised into CO2, water and biomass, with the help of microorganisms. The process of biodegradation depends on the conditions of the specific environment and on the material or application itself, and therefore, the rate of decomposition varies significantly.

17. There is no recognisable standard for the process and timeframe to verify claims made just for the biodegradability of packaging materials.

18. By contrast, there are well established British standards for compostable material. It must biodegrade within 180 days under ‘industrial’ composting conditions which include: humidity; a certain temperature range; and the presence of microorganisms and bacteria. It is therefore essential to distinguish between ‘biodegradable and ‘compostable’ and not use these terms interchangeably.

Standards and definitions

19. All of the amendments BBIA is proposing reference the stringent standards BS EN 13432 and BS EN 14995. These standards set criteria for compostability under ‘industrial’ composting conditions, ensuring a watertight definition and consistent and transparent assessment of any item tested and assessed for compliance with one or more of these standards and are in force within the UK since 2000.

20. When referring to ‘conventional plastic packaging’, we are referring to the definition outlined under EU Directive 94/62/EC, or its successor legislation, and which are not reusable, recyclable or compostable. The Directive is included here at Annex 2 for the Committee’s reference.

Environmental targets: conventional single use plastic packaging

21. The Environment Bill outlines obligations for Ministers to set long-term targets on air quality, resource efficiency, waste reduction, water and biodiversity. However, it remains without binding targets for reducing the production and import of plastic packaging that is not reusable, recyclable or compostable.

22. Our proposed Amendment A provides for targets to be set in this area, especially for reducing conventional flexible film, since so little of it can be recycled. These targets should focus on conventional single use plastic packaging. Regulations setting the plastic packaging target should make provision, in particular, for reducing the use of conventional flexible films since such a small proportion of these are currently recycled.

23. Meanwhile, our proposed Amendment B specifies a reduction in the use of conventional plastic packaging as a priority area in which the Secretary of State must set a long-term target, which must be achieved over 15 or more years.

Charges for Single Use Plastic Items

24. BBIA welcomes the proposed charges for single-use plastic items, providing a distinction is made between conventional plastics (many of which cannot be recycled), and compostable items which can be composted with food waste. Our proposed Amendment C therefore stipulates that compostable items should not be included within the new charge for single use plastic items.

Charges for carrier bags

25. The levy for carrier bags has been a major success in reducing the use of conventional single-use carrier bags, but far too many ‘bags for life’ are still being used. Our proposed Amendment D provides for an exemption from the plastic bag tax for compostable bags since these can biodegrade naturally under composting conditions, and they can be reused as bin liners for food waste collections. If compostable bags became commonplace, they could remove the necessity for Councils to supply all compostable caddy liners to citizens. See Amendment H below.

Separation of Waste

26. BBIA welcomes the Environment Bill’s intention to ensure food waste collection happens in every area across the country, from domestic and non-domestic premises alike. Our proposed Amendments E, F and G strengthen the relevant sections of the Bill to make it clear that food waste collection must enable the collection of flexible compostable packaging.

Supply of compostable bags for collection of domestic food waste

27. As food waste collection is expanded, a primary risk to the success of local authorities’ schemes is the contamination of the compostable waste stream with conventional plastics. The Environment Agency estimates that, despite the good practices of many compost and anaerobic digestion operators, over 100,000 tonnes per annum of plastic fragments are currently spread to soil with compost and digestate, as food and garden waste collections enter the plants contaminated with plastics. This problem is set to grow with the expansion of food waste collection unless the expansion comes alongside easy access to compostable bags in which to store and transport food waste from caddies to kerbside bins. Additionally, WRAP research on pilot food waste schemes found that nearly half (47%) of those who stopped using a food waste scheme cited not wanting to pay for caddy liners as a reason for lapsing. Meanwhile, WRAP’s analysis is that "Schemes users tend to report very high levels of satisfaction with liners and report low incidences of hygiene-related issues when they are provided." One of the most successful food waste schemes in the country, in Greater Manchester, makes use of compostable bags – meeting the BS EN 13432 standard – and has been successful.

28. Amendment H therefore seeks to ensure local authorities do provide caddy liners for the collection of food waste to encourage participation, and to avoid current practice of fragments of plastics leaking to soil through the composting and anaerobic digestion processes. While there is a cost to providing these liners, the reduction in contamination and higher participation which results from doing so yields a saving. Anaerobic digestion and compost plant operators would have to extract and send to landfill or incineration far less plastic waste from the material that enters their plants. The REA has estimated the cost of the extraction process at tens of millions of pounds annually, even before food waste collection schemes are expanded. It is therefore critical to now deal with the contamination issue, reducing the costs to plants, local authorities and – ultimately – taxpayers as part of the Environment Bill. Compostable caddy liners are the best way to deal with this in the short to medium term but the requirement could be reviewed at a later point, if an exemption to the single use carrier bag levy (envisaged in our proposed Amendment D) succeeded in making compostable bags commonplace in the home. Compostable carrier bags could then be used instead to line caddies as happens now in Italy.

Exemption from the plastic packaging tax for certified compostable plastics

29. BBIA, the REA and the REAL welcome the introduction of a plastic packaging tax, as confirmed by the Chancellor at the Budget on 11th March 2020. However, we are concerned that the tax will treat compostable and conventional plastics in the same way, despite their quite different environmental impact and physical composition. Compostable plastics, by their very nature, cannot contain recycled plastics since they would then not break down under composting conditions. Their use – particularly in flexible films – avoids virgin conventional plastics being used, and reduces the threat both to soil and to the marine environment. As compostable plastics cannot physically be recycled with conventional plastics being recycled instead into compost, applying the tax to these materials is discriminatory.

30. The proposed tax of £200 per tonne on plastics which are not at least 30% recycled will reduce the use of virgin conventional plastics, but it will do nothing to reduce the waste impact of the packaging.

31. Compostable plastics, while made of virgin material, can safely biodegrade naturally under composting conditions, and as such represent a more sustainable product than conventional plastics with recycled content, but one which will be penalised by the tax.

32. We therefore believe that compostable plastics certified to BS EN 13432 or BS EN 14995 should be excluded from the proposed tax , and have included a draft new clause as Amendment J to articulate that principle.

Annexe One – Proposed draft amendments

The amendments below are drafts for consideration by the Environment Bill Committee collectively and its members individually.

AMENDMENT A

To move the following Clause---

Environmental targets: conventional single use plastic packaging

(1) The Secretary of State must by regulations set a target for reduction in the production and import of conventional single use plastic packaging ("the plastic packaging target").

(2) In this section "conventional single use plastic packaging" means plastic products that are defined as packaging under EU Directive 94/62/EC, or its successor legislation, and which are not reusable, recyclable or compostable.

(3) Regulations setting the plastic packaging target must make provision, in particular, for reducing the use of flexible films made from materials subject to the target.

(4) In this section "compostable" means product certified to the standard BS EN 13432 or BS EN 14995.

(5) The duty in subsection (1) is in addition to (and does not discharge) the duty in Section 1(2) to set a long-term target in relation to resource efficiency and waste reduction".

This amendment provides for the Secretary of State to set a specific target for reduction in the import and production of conventional single use plastic packaging, in addition to broader long-term targets already provided for in the Bill on resource efficiency and waste reduction. It specifies the necessity of reducing conventional single use flexible film, since so little of this can be recycled.

AMENDMENT B

Clause 1, page 1, line 17, at end insert, "

(e) a reduction in the use of conventional plastic packaging

(3A) In this section "conventional plastic packaging" means plastic products that are defined as packaging under EU Directive 94/62/EC, or its successor legislation, and which are not –

(a) reusable;

(b) recyclable; or

(c) compostable as specified within the standard BS EN 13432 or BS EN 14995"

This amendment specifies a reduction in the use of conventional plastic packaging as a priority area in which the Secretary of State must set a long-term target, which must be achieved over 15 or more years.

AMENDMENT C

Charges for Single Use Plastic Items

Schedule 9, Page 174, Line 32, omit ", and"

Schedule 9, Page 175, Line 33, at end insert, "and,

(d) are not certified to the standards BS EN 13432 or BS EN 14995"

This amendment stipulates that certified compostable items should not be included within the new charge for single use plastic items

AMENDMENT D

Charges for carrier bags

Clause 53, Page 32, Line 6, after "charge)", insert, "

(1) After Paragraph 2 insert ––"

Exclusions

2A The regulations must from 31st December 2020 make provision for an exclusion from the requirements of Paragraph 2 on the grounds that a seller supplies only compostable carrier bags, certified to the BS EN 13432 or BS EN 14995 standard."

This amendment provides for an exemption from the plastic bag tax for certified compostable bags since they can be reused as bin liners for food waste collections, which the Bill mandates as compulsory for all local authorities by 2023. Such an action could in the long-term save local authorities the cost of supplying compostable caddy liners to citizens, without increasing contamination rates.

AMENDMENT E

Separation of waste

Clause 54, Page 33, Line 33, at end, insert "(including compostable flexible packaging)"

Clause 54, Page 33, Line 34, at end, insert "

(11) For the purposes of subsection (10)(e) "compostable packaging" means items certified to BS EN 13432 or BS EN 14995"

These amendments specify that compostable flexible packaging may be collected from domestic premises by local authorities alongside food and garden waste.

AMENDMENT F

Separation of waste

Clause 54, Page 34, Line 34, at end, insert "(including compostable flexible packaging)

(10A) For the purposes of subsection (10)(e) "compostable flexible packaging" means items certified to BS EN 13432 or BS EN 14995"

This amendment specifies that compostable packaging should be collected alongside food and garden waste from ‘relevant non-domestic premises’ by those who collect waste as a business or in exercising a public function.

AMENDMENT G

Separation of waste

Clause 54, Page 35, Line 46, at end, insert "(including compostable flexible packaging)

(11) For the purposes of subsection (10)(e) "compostable packaging" means items certified to BS EN 13432 or BS EN 14995"

This amendment specifies that compostable packaging may be collected alongside food and garden waste from ‘relevant non-domestic premises’ by those who collect waste as a business or in exercising a public function.

AMENDMENT H

Supply of compostable bags for collection of domestic food waste

Clause 54, Page 33, Line 1, for "(8)" substitute "(8A)

Clause 54, Page 33, Line 23, at end insert, "

(8A) The fifth condition is that provision should be made for the supply to residents, free of charge, of compostable liners for the purpose of lining any receptacle intended for use within the home to collect and store recyclable household food waste within subsection (10)(e).

(8B) For the purposes of subsection (8A), compostable bags are those which are certified to BS EN 13432 or BS EN 14995."

This amendment would stipulate that regulations made by Ministers at a later date must compel local authorities to provide compostable caddy liners – for the collection of food waste to avoid current practice of fragments of plastics leaking to soil through the composting and anaerobic digestion processes. This has been critical to the success of the Greater Manchester scheme.

Amendment J

Plastic packaging tax: conditions

To move the following new clause-

(1) The Secretary of State may by regulations impose a levy on the production and import of plastic packaging, subject to the conditions set out in subsections (2) and (3 )

(2) The first condition is that the tax must amount to £200 per tonne

(3) The second condition is that the tax must only be levied on products which are -

(a) constituted of less than 30% recycled plastic , and;

(b) not certified as compostable under BS EN 13432 or BS EN 14995

This amendment anticipates the Treasury’s introduction of a plastic packaging tax, and sets out to ensure it is not levied on certified compostable packaging, which will safely degrade and disintegrate under composting conditions.

Annex Two

EU Waste Directive – definition of packaging from Directive 94/62/EC of 20 December 1994 on packaging and packaging waste , as amended by Directive 2004/12/EC of 11 February 2004

'Packaging` consists only of:

(a) sales packaging or primary packaging, i. e. packaging conceived so as to constitute a sales unit to the final user or consumer at the point of purchase;

(b) grouped packaging or secondary packaging, i. e. packaging conceived so as to constitute at the point of purchase a grouping of a certain number of sales units whether the latter is sold as such to the final user or consumer or whether it serves only as a means to replenish the shelves at the point of sale; it can be removed from the product without affecting its characteristics;

(c) transport packaging or tertiary packaging, i. e. packaging conceived so as to facilitate handling and transport of a number of sales units or grouped packaging in order to prevent physical handling and transport damage. Transport packaging does not include road, rail, ship and air containers;

(i) Items shall be considered to be packaging if they fulfil the abovementioned definition without prejudice to other functions which the packaging might also perform, unless the item is an integral part of a product and it is necessary to contain, support or preserve that product throughout its lifetime and all elements are intended to be used, consumed or disposed of together.

(ii) Items designed and intended to be filled at the point of sale and 'disposable' items sold, filled or designed and intended to be filled at the point of sale shall be considered to be packaging provided they fulfil a packaging function.

(iii) Packaging components and ancillary elements integrated into packaging shall be considered to be part of the packaging into which they are integrated. Ancillary elements hung directly on, or attached to, a product and which perform a packaging function shall be considered to be packaging unless they are an integral part of this product and all elements are intended to be consumed or disposed of together.

The Commission shall, as appropriate, in accordance with the procedure referred to in Article 21, examine and, where necessary, review the illustrative examples for the definition of packaging given in Annex I. As a priority, the following items shall be addressed: CD and video cases, flower pots, tubes and cylinders around which flexible material is wound, release paper of self-adhesive labels and wrapping paper."

March 2020