EUROPEN message: Protect the integrity of the Single Market 

EUROPEN with 58 European and national Associations engaged in the Packaging Chain Forum (PCF), released a joint statement calling on the EU institutions to protect the integrity of the Single Market for packaging and packaged goods. PCF conveyed the concerns of the European packaging value chain in light of the increased market fragmentation resulting from uneven transposition of EU packaging-related legislation and divergent national measures implemented by Member States.The statement includes examples of concerning national developments and concrete calls to action to the European Commission and Member States to prevent the erosion of the Single Market for packaging. 

PCF calls Member States to: 

1. Respect the Single Market principles when transposing EU law and refrain from introducing national legislation that would hinder the free movement of packaging and packaged goods across EU internal borders or create unfair market distortions against producers from other Member States.  

2. Scrutinise, i.e. via the TRIS consultation procedure, the transposition of EU laws by other Member States and oppose the introduction of national legislation which could threaten the integrity of the Single Market.  

3. Notify their draft national legislation to the European Commission, in compliance with EU law1, and adapt or withdraw it if the Commission considers it incompatible with the Single Market principles.  

PCF calls the European Commission to: 

1. Choose the appropriate legal basis to protect the free movement of packaging and packaged goods across the EU. In light of the upcoming review of the Packaging and Packaging Waste Directive, the Single Market legal basis (Article 114 TFEU) must be upheld.  

2. Ensure that EU rules on packaging and packaged goods are designed in compliance with the Single Market principles and support their harmonised implementation across the EU. This requires enshrining core principles, targets and clear definitions in the body of the legislation or its implementing acts, thus preventing diverging national measures from occurring in the first place.  

3. As the guardian of the Treaties, systematically intervene against any national provisions on packaging and packaged goods that fail to comply with the Single Market principles, independently of the type of material or application targeted.  

4. Duly screen, via the TRIS consultation procedure, the Single Market implications of any national measures to ensure that they do not introduce restrictions to the free movement of packaging and packaged goods, which would be disproportionate and/or unnecessary from an environmental protection standpoint and could cause unfair EU market distortions.  

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