Activities of Paolo BORCHIA related to 2022/0396(COD)
Shadow opinions (1)
OPINION on the proposal for a regulation of the European Parliament and of the Council on Packaging and packaging waste, amending Regulation (EU) 2019/1020 and Directive (EU) 2019/904, and repealing Directive 94/62/EC
Amendments (59)
Amendment 104 #
Proposal for a regulation
Recital 6
Recital 6
(6) Plastic packaging is the most carbon-intensive material and, in terms of fossil fuel use, recycling of plastic waste is approximately five-times better than incineration with energy recovery35 is a resource efficient material and produces less CO2 and waste compared to other packaging material. Just as the European Strategy for Plastics36 states, CEAP commits to increase uptake of recycled plastics and contribute to the more sustainable use of plastics. The Union budget and the system of own resources contribute to reducing pollution from plastic packaging waste37 . As of 1 January 2021, the Council Decision (EU, Euratom) 2020/2053 of 14 December 2020 on the system of own resources of the European Union introduced a national contribution that is proportional to the quantity of plastic packaging waste that is not recycled in each Member State. This own resource is part of incentives to reduce the consumption of single-use plastics, foster recycling and boost the circular economy. _________________ 35 Amadei A., Ardente F., Garcia- Gutierrez P., Klenert D., Nessi S., Tonini D., Tosches D., Saveyn H.(2022), Environmental and economic assessment of plastic waste recycling, Mechanical, physical and chemical recycling technologies, publication pending. 36 Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions A European Strategy for Plastics in a Circular Economy COM(2018)28 final. 37 Council Decision (EU, Euratom) 2020/2053 of 14 December 2020 on the system of own resources of the European Union and repealing Decision 2014/335/EU, Euratom COM (OJ L 424, 15.12.2020, p. 1).
Amendment 133 #
Proposal for a regulation
Recital 29
Recital 29
(29) In order to prevent barriers to the internal market and ensure the efficient implementation of the obligations, economic operatomanufacturers should ensure that the plastic part of each unit of packaging contains a certain minimum percentage of recycled content recovered from post- consumer plastic waste calculated as an average per type of packaging placed per manufacturer.
Amendment 138 #
(31) In order to ensure uniform conditions for the implementation of the rules on calculating and verifying, per unit of post- consumer plastic waste in packaging, the share of recycled content recovered from post-consumer plastic waste present and establishing the format for technical documentation, the Commission should be empowered to adopt implementing provisions, in accordance with Article 5 of Regulation (EU) No 182/2011 of the European Parliament and of the Council55 . _________________ 55 Regulation (EU) No 182/2011 of the European Parliament and of the Council of 16 February 2011 laying down the rules and general principles concerning mechanisms for control by Member States of the Commission’s exercise of implementing powers (OJ L 55, 28.2.2011, p. 13).
Amendment 154 #
Proposal for a regulation
Recital 47
Recital 47
(47) In order to inform end-users about reusability, availability of systems for re- use and location of collection points as regards reusable packaging, such packaging should bear a QR code or other data carrier that provides such information. The QR code should also facilitate tracking and the calculation of trips and rotations. In addition, reusable sales packaging should be clearly identified at the point of sale.
Amendment 180 #
Proposal for a regulation
Recital 70
Recital 70
(70) Achieving re-use and refill targets can be challenging for smaller economic operators. Therefore, certain economic operators should be exempted from the obligation to meet the packaging re-use targets if they place less than a certain volume of packaging on the market, or fulfil the definition of micro-company under Commission Recommendation 2003/36160 , or have the sales area, including all storage and dispatch areas, under a certain surface limit. The power to adopt acts in accordance with Article 2901 of the Treaty should be delegated to the Commission to establish re-use and refill targets for other products, to lay down further exemptions for other economic operators or to exempt specific packaging formats covered by the reuse or refill targets in case of severe hygiene, food safety or environmental issues preventing the achievement of these targets. _________________ 60 Commission Recommendation of 6 May 2003 concerning the definition of micro, small and medium-sized enterprises (notified under document number C(2003) 1422) (OJ L 124, 20.5.2003, p. 36).
Amendment 200 #
Proposal for a regulation
Recital 137
Recital 137
(137) It is necessary to provide for sufficient time for economic operators to comply with their obligations under this Regulation, and for Member States to set up the administrative infrastructure necessary for its application. The application of this Regulation should therefore also be deferred to a date where those preparations can reasonably be finalised. Particular attention should be paid to facilitate compliance by micro and SMEs with their obligations and requirements under this Regulation, including through guidance and adequate support to be provided by the Commission and Member States to facilitate compliance by economic operators, with a focus on SMEmicro and SMEs and on those sectors which will be highly impacted by the new obligations.
Amendment 211 #
Proposal for a regulation
Article 3 – paragraph 1 – point 1 – point a
Article 3 – paragraph 1 – point 1 – point a
Amendment 212 #
Proposal for a regulation
Article 3 – paragraph 1 – point 1 – point b
Article 3 – paragraph 1 – point 1 – point b
Amendment 213 #
Proposal for a regulation
Article 3 – paragraph 1 – point 1 – point c
Article 3 – paragraph 1 – point 1 – point c
Amendment 214 #
Proposal for a regulation
Article 3 – paragraph 1 – point 1 – point f
Article 3 – paragraph 1 – point 1 – point f
(f) tea orcompostable coffee bags and system single-serve units or tea bags necessary to contain a tea or coffeecoffee or tea product and intended to be used and disposed of together with the product;
Amendment 230 #
Proposal for a regulation
Article 3 – paragraph 1 – point 31
Article 3 – paragraph 1 – point 31
(31) ‘design for recycling’ means design of packaging, including individual components of packaging, in order to ensure its recyclability with state-of-the- artthe best available or latest innovative collection, sorting and recycling processes;
Amendment 237 #
Proposal for a regulation
Article 3 – paragraph 1 – point 32
Article 3 – paragraph 1 – point 32
(32) ‘recycled at scale’ means collected, sorted and recycled through installed state- of-the-art infrastructure and processes, covering at least 75 % of the Union population at industrial scale, provided separate collection is in place, including packaging waste exported from the Union that meets the requirements of Article 47(5);
Amendment 248 #
Proposal for a regulation
Article 3 – paragraph 1 – point 38
Article 3 – paragraph 1 – point 38
(38) ‘secondary raw materials’ means materials that have been obtained through recycling processes and can substitute primary raw materials in applications typical for that material;
Amendment 265 #
Proposal for a regulation
Article 4 – paragraph 4
Article 4 – paragraph 4
Amendment 273 #
Proposal for a regulation
Article 4 – paragraph 5
Article 4 – paragraph 5
Amendment 279 #
Proposal for a regulation
Article 5 – paragraph 4
Article 5 – paragraph 4
4. Recyclability requirements established in delegated acts adopted pursuant to Article 6(5) shall not restrict the presence of substances in packaging or packaging components for reasons relating primarily to chemical safety. They shall address, as appropriate, substances of concern that negatively affect the re-use and recycling of materials in the packaging in which they are present taking into consideration legacy substances and foreseeing a 5-year waiver for them, and shall, as appropriate, identify the specific substances concerned and their associated criteria and limitations.
Amendment 294 #
Proposal for a regulation
Article 6 – paragraph 2 – subparagraph 1 – point d
Article 6 – paragraph 2 – subparagraph 1 – point d
(d) it can be recycled so that the resulting secondary raw materials are of sufficient quality to substitute the primary raw materials of the packaging in applications typical for that material;
Amendment 301 #
Proposal for a regulation
Article 6 – paragraph 2 – subparagraph 2
Article 6 – paragraph 2 – subparagraph 2
Point (a) shall apply from 1 January 2030 and points (b), (c), (d), (e) shall apply from 1 January 2035.
Amendment 461 #
Proposal for a regulation
Article 11 – paragraph 1 – subparagraph 1
Article 11 – paragraph 1 – subparagraph 1
From [OP: Please insert the date = 42 months after the entry into force of this Regulation], packaging shall be marked with a label containing information on its material composition according to the Decision 97/129/CE. This obligation does not apply to transport packaging. However, it applies to e-commerce packaging.
Amendment 466 #
Proposal for a regulation
Article 11 – paragraph 1 – subparagraph 2
Article 11 – paragraph 1 – subparagraph 2
Amendment 473 #
Proposal for a regulation
Article 11 – paragraph 2
Article 11 – paragraph 2
2. From [OP: Please insert the date = 48 months after the date of entry into force of this Regulation], packaging shall bear a label on packaging reusability and a QR code or other type of digital data carrier that provides further information on packaging reusability including the availability of a system for re-use and of collection points, and that facilitates the tracking of the packaging and the calculation of trips and rotations. In addition, reusable sales packaging shall be clearly identified and distinguished from single use packaging at the point of sale.
Amendment 479 #
Proposal for a regulation
Article 11 – paragraph 4 – subparagraph 1
Article 11 – paragraph 4 – subparagraph 1
Labels referred to in paragraphs 1 to 3 and the QR code or other type of digital data carrier referred to in paragraph 2 shall be placed, printed or engraved visibly, clearly legibly and indelibly on the packaging. Where this is not possible or not warranted on account of the nature and size of the packaging, they shall be affixed to the grouped packaging, or alternatively, it can be shown in the transport documents accompanying the goods, or on other external supports, even digital.
Amendment 488 #
Proposal for a regulation
Article 11 – paragraph 7
Article 11 – paragraph 7
7. Without prejudice to requirements concerning other harmonised EU labels, economic operators shall not provide or display labels, marks, symbols or inscriptions that are likely to mislead or confuse consumers or other end users with respect to the sustainability requirements for packaging, other packaging characteristics or packaging waste management options, for which harmonised labelling has been laid down in this Regulation. Labelling under this Article and Article 12 shall not impair recyclability.
Amendment 490 #
Proposal for a regulation
Article 11 – paragraph 8
Article 11 – paragraph 8
8. Packaging included in an extended producer responsibility scheme or covered by a deposit and return system other than that referred to in Article 44(1) may be identified by means of a corresponding symbol throughout the territory in which that scheme or system applies. That symbol shall be clear and unambiguous and shall not mislead consumers or users as to the recyclability or reusability of the packaging. All labelling requirements under this article should not lead to disproportionate bureaucratic and economic burdens, especially for micro and SMEs.
Amendment 516 #
Proposal for a regulation
Article 22
Article 22
Amendment 551 #
Proposal for a regulation
Article 26 – paragraph 1
Article 26 – paragraph 1
1. From 1 January 2030, economic operators making large household appliances listed in point 2 of Annex II to Directive 2012/19/EU available on the market for the first time within the territory of a Member State shall ensure that 940 % of those products are made available in reusable transport packaging within a system for re-use.
Amendment 558 #
Proposal for a regulation
Article 26 – paragraph 2
Article 26 – paragraph 2
Amendment 560 #
Proposal for a regulation
Article 26 – paragraph 2 – point a
Article 26 – paragraph 2 – point a
Amendment 568 #
Proposal for a regulation
Article 26 – paragraph 2 – point b
Article 26 – paragraph 2 – point b
Amendment 572 #
Proposal for a regulation
Article 26 – paragraph 3
Article 26 – paragraph 3
Amendment 580 #
Proposal for a regulation
Article 26 – paragraph 3 – point a
Article 26 – paragraph 3 – point a
Amendment 587 #
Proposal for a regulation
Article 26 – paragraph 3 – point b
Article 26 – paragraph 3 – point b
Amendment 593 #
Proposal for a regulation
Article 26 – paragraph 4
Article 26 – paragraph 4
Amendment 598 #
Proposal for a regulation
Article 26 – paragraph 4 – point a
Article 26 – paragraph 4 – point a
Amendment 602 #
Proposal for a regulation
Article 26 – paragraph 4 – point b
Article 26 – paragraph 4 – point b
Amendment 609 #
Proposal for a regulation
Article 26 – paragraph 5
Article 26 – paragraph 5
Amendment 613 #
Proposal for a regulation
Article 26 – paragraph 5 – point a
Article 26 – paragraph 5 – point a
Amendment 615 #
Proposal for a regulation
Article 26 – paragraph 5 – point b
Article 26 – paragraph 5 – point b
Amendment 620 #
Proposal for a regulation
Article 26 – paragraph 6
Article 26 – paragraph 6
Amendment 627 #
Proposal for a regulation
Article 26 – paragraph 6 – point a
Article 26 – paragraph 6 – point a
Amendment 629 #
Proposal for a regulation
Article 26 – paragraph 6 – point b
Article 26 – paragraph 6 – point b
Amendment 635 #
Proposal for a regulation
Article 26 – paragraph 7 – introductory part
Article 26 – paragraph 7 – introductory part
7. Economic operators using transport packaging in the form of pallets, plastic crates, foldable plastic boxes, pails and drumscrates, boxes, for the conveyance or packaging of products in conditions other than provided for under paragraphs 12 and 13 shall ensure that:
Amendment 637 #
Proposal for a regulation
Article 26 – paragraph 7 – point a
Article 26 – paragraph 7 – point a
Amendment 644 #
Proposal for a regulation
Article 26 – paragraph 7 – point b
Article 26 – paragraph 7 – point b
Amendment 645 #
Proposal for a regulation
Article 26 – paragraph 8 – point a
Article 26 – paragraph 8 – point a
Amendment 649 #
Proposal for a regulation
Article 26 – paragraph 8 – point b
Article 26 – paragraph 8 – point b
Amendment 657 #
Proposal for a regulation
Article 26 – paragraph 9 – point a
Article 26 – paragraph 9 – point a
Amendment 660 #
Proposal for a regulation
Article 26 – paragraph 9 – point b
Article 26 – paragraph 9 – point b
Amendment 669 #
Proposal for a regulation
Article 26 – paragraph 10 – introductory part
Article 26 – paragraph 10 – introductory part
10. Economic operators using grouped packaging in the form of boxes, excluding cardboard, used outside of sales packaging to group a certain number of products to create a stock-keeping or distribution unit shall ensure that:
Amendment 672 #
Proposal for a regulation
Article 26 – paragraph 10 – point a
Article 26 – paragraph 10 – point a
Amendment 678 #
Proposal for a regulation
Article 26 – paragraph 10 – point b
Article 26 – paragraph 10 – point b
Amendment 688 #
Proposal for a regulation
Article 26 – paragraph 12 – subparagraph 2
Article 26 – paragraph 12 – subparagraph 2
This obligation applies to pallets, boxes, excluding cardboard, trays, plastic crates, intermediate bulk containers, drums and canisters, of all sizes and materials, including flexible formats. Products following under the scope of infant formula and follow-on formula products, processed cereal-based food and baby food, and food for special medical purposes as defined in Article 1, point (a), (b) and (c) of Regulation (EU) 609/2013 shall be exempted from the targets foreseen in paragraph 6 of this Article.
Amendment 725 #
Proposal for a regulation
Article 26 – paragraph 15
Article 26 – paragraph 15
15. Economic operators shall be exempted from the obligation to meet the targets in paragraphs 2 to 6 if, during a calendar year, they have a sales area of not more than 1300 m2, including also all storage and dispatch areas.
Amendment 729 #
Proposal for a regulation
Article 26 – paragraph 15 a (new)
Article 26 – paragraph 15 a (new)
15a. Economic operators will be exempted from the obligation to meet the targets in subparagraphs 1-13 provided that the packaging material used, as defined in Annex II: (a) achieves a minimum EU-wide recycling rate of 85% by 2030, as calculated in Article 47; (b) achieves a minimum 90% recycling rate at the EU level by 2040, as calculated in Article 47; (c) is recycled on a large scale, as calculated in Article 6(6).
Amendment 819 #
Proposal for a regulation
Article 58 – paragraph 2
Article 58 – paragraph 2
2. The power to adopt delegated acts referred to in Article 5(5), Article 6(4), Article 6(6), Article 7(9), Article 7(10), Article 7(11), Article 8(5), Article 22(4), Article 26(16) and Article 57(3) shall be conferred on the Commission for a period of ten years from date of entry into force of this Regulation. The Commission shall draw up a report in respect of the delegation of power no later than nine months before the end of the five-year period. The delegation of power shall be tacitly extended for periods of an identical duration, unless the European Parliament or the Council opposes such extension no later than 3 months before the end of each period.
Amendment 825 #
Proposal for a regulation
Annex I – paragraph 12
Annex I – paragraph 12
Beverage system capsules (e.g. coffee, cacao, milk) intended to be disposed empty after use;
Amendment 835 #
Proposal for a regulation
Annex V
Annex V
Amendment 2685 #
Proposal for a regulation
Annex II – Table 1 – row 11 a (new)
Annex II – Table 1 – row 11 a (new)
bottles and (11 a) Plastic PET - rigid flasks Opaque white
Amendment 2711 #
Proposal for a regulation
Annex II – Table 2 a (new)
Annex II – Table 2 a (new)
Indicative parameters that may be considered when developing design criteria for recycling under Article 6: 1. Additives 2. Labels 3. Closure systems and small parts 4. Adhesives 5. Printing inks 6. Colours 7. Material composition 8. Barriers / coatings 9. Ease of dismantling