After every weekly grocery shop, there's always the packaging waste that gets thrown away immediately. Manufacturing plastic packaging requires significant amounts of resources like crude oil and energy. To drive change in this area, European legislation mandates that, starting in 2030, recycled plastics must be increasingly used in the production of certain types of plastic packaging. In the production of food packaging, this creates a tension between implementing these regulations and meeting the highest food safety standards. As part of the recent InCamS@BI Makeathon, three students from the Master's program in Business Law at HSBI collaborated with Spies Packaging to address this business law challenge.

Bielefeld (hsbi). “We are facing the challenge of complying with the strict EU regulations on the use of recycled plastics in food packaging, but this currently conflicts with other regulations.” Georg Schengber is Head of Quality Management at Spies Packaging in Melle. According to his experience, various factors prevent his company from readily using recycled plastics, also known as recyclates: “Regulatory hurdles, limited availability of the material, and high food safety requirements significantly complicate the use of recycled material.”

Spies has been manufacturing food packaging for over sixty years. From 2030 onwards, European legislation stipulates that certain packaging must contain a certain percentage of recycled materials. At the same time, strict food safety regulations apply. Caught between the demands of implementing sustainability legislation and complying with food safety regulations, the company sought legal expertise and therefore participated in the third Makeathon of the Innovation Campus for Sustainable Solutions (InCamS@BI) transfer project at Bielefeld University of Applied Sciences (HSBI). "The new EU regulations on the use of recycled plastics in packaging are currently affecting almost all manufacturing sectors, as they also include transport packaging," reported Prof. Dr. Christiane Nitschke, Professor of Business Law at HSBI, at the opening of the Makeathon. The professor coordinated the event, which this year took place for the second time in a row under the title "Business Law in Transfer", together with Kristin Maoro and Micha Steiner from the InCamS@BI research group Business Law and invited companies from the region to present the students with "challenges".

Business Law in Corporate Practice – The Specific Issues of Spies Packaging: Three Master's students in Business Law, Emily Holzhauer, Vivien Oppermann, and Nico Demand, tackled the challenge presented by Spies Packaging. The trio had one semester to complete the project. The small group regularly consulted with their lecturers from the Business Law research group and familiarized themselves with the relevant legal frameworks, such as the Packaging and Packaging Waste Regulation (PPWR), which stipulates that, with few exceptions, packaging containing plastics must contain a minimum percentage of post-consumer recycled (PCR) material from 2030 onwards. PCR refers to plastic material that is disposed of by end consumers after use and then recycled through a suitable process. However, the availability of PCR is limited, particularly for the production of food packaging. This is because the plastics collected for recycling can be chemically contaminated, for example, by residues from cleaning product packaging. Furthermore, it cannot be ruled out that discarded packaging from end customers was previously used for other purposes – such as storing paints or fuels – which introduces pollutants into the mechanical recycling cycle.

In addition, the students investigated whether post-industrial recyclate (PIR), i.e., reprocessed, internal production rejects, could also be used to meet the requirements under current legislation. In this case, manufacturers would know the origin of the recycled plastics, thus eliminating the risk of contamination by residues. They also examined whether parts of the packaging produced by Spies Packaging could be classified as "non-food contact," which might mean that less stringent requirements would apply to the recyclate used for these packaging elements. Holzhauer, Oppermann, and Demand also explored suitable recycling processes specifically for food packaging.

To enable the small group to better investigate the question of how to meet recycling quotas, the company invited the students to visit its Melle site. "On site, we were able to learn about the manufacturing processes and the machinery used," reported Oppermann. "This background knowledge was very helpful in our targeted analysis of the legal regulations."

Following the content-based work phase, a pitch training session with technology scout Amir Giebel took place at the end of May. The training aimed to help students communicate their findings effectively and persuasively. Giebel, a member of the InCamS@BI Innovation Management research group, gave the students tips on slide design and presentation skills. The students were also filmed during their pitches to allow for better analysis of their presentation style. This preparation left the students well-equipped for the next step – presenting the Makeathon results to the entire group and representatives from Spies.

Business law students open up new perspectives for Spies Packaging. “Spies Packaging is fundamentally subject to the requirements of the Post-Consumer Recycling Directive (PPWR). However, several aspects must be considered regarding compliance with the minimum recycled content quotas,” explained student Emily Holzhauer, introducing the Makeathon results. She noted that, specifically in the PPWR's application to food packaging, it is important to understand that the use of recycled materials is only mandatory if health risks can be ruled out. “This is the case if the post-consumer recycled materials are processed using a suitable method. However, such a method does not yet exist,” Holzhauer continued. The students emphasized that legislators are deliberately encouraging companies to monitor or actively participate in research in this area.

When asked whether parts of the manufactured food packaging could be classified as "non-food contact," a look at the legislation provided a clear answer: "Legally, the manufactured packaging is considered a single unit intended to come into contact with food," explained Oppermann. "Therefore, a division into packaging components with and without food contact is not possible." The young business law experts also gave a negative assessment regarding the potential use of post-industrial recycled material. According to current legislation, post-consumer recycled material must be used to meet the recycling quota.

Holzhauer, Oppermann, and Demand were unable to resolve the tension between sustainability legislation and ensuring food safety for Spies Packaging. However, they advised the company to continue monitoring future legislative developments. The business law experts also recommended that the food packaging manufacturer actively engage in dialogue with the Federal Ministry for the Environment or with a group of external experts on the Packaging Ordinance, which serves as an advisory body to the European Commission. "For us, the Makeathon was an opportunity to gain early insights into the professional world," summarized Nico Demand. Jens Huchzermeier of Spies Packaging praised the harmonious and successful collaboration with the students. Even though no final solutions emerged from the Makeathon, they were impressed by the students' professional approach. "A future collaboration with a student in the form of a practical phase within the company is already firmly planned."

The InCamS@BI Makeathon as a Success Story: In addition to Spies Packaging, Wago and Continental also participated in this year's Makeathon. The 21 master's students tackled a total of seven different challenges. These covered current topics in business law, such as liability and copyright in relation to artificial intelligence, the digital product passport, and the use of contract lifecycle management software. This year marked Wago's second participation in the Makeathon. "For us, the Makeathon is a success story. We really appreciated the contact with the students and their fresh, external perspective last year, so we were looking forward to collaborating again," emphasized Kathrin Sawatzky, Product Sustainability Manager at Wago. Her company also plans to offer internships. Philipp Schmidt-zum Berge from Continental emphasized that the students' results provided an excellent foundation for further application within the company.

The third InCamS@BI Makeathon ended with a particularly practical focus, as Wago provided its premises for the final presentations. To conclude the event, the students and company representatives had the opportunity to tour the company's production facilities. "I am delighted that our Makeathon has once again fostered exciting collaborations between our students and companies," summarized Professor Nitschke. "The 'Business Law in Transfer' module is invaluable for our students, enabling them to understand practical examples of how everyday business practices relate to legal issues. Communication skills with non-lawyers are also excellently developed here, which is a crucial interdisciplinary skill. The Makeathon principle exemplifies HSBI's practice-oriented approach to research and teaching."

The Business Law research group will host two expert panels this year as part of the InCamS@BI transfer project, focusing on the topic of the Packaging Ordinance. The expert panels will consist of representatives from companies and the InCamS@BI team. Current research topics, applications, and new developments will be discussed in a confidential format.