72 Amendments of Alessandra MORETTI related to 2022/0396(COD)
Amendment 217 #
Proposal for a regulation
Recital 2
Recital 2
(2) In addition, packaging uses high amounts of virgin materials (40 % of plastics and 50 % of paper use in the Union is for packaging) and represents 36 % of municipal solid waste30. High and constantly growing levels of packaging generated as well as low levels of re-use , collectionand poor recycling, present significant barriers to achieving a low- carbon circular economy. For these reasons, this Regulation should establish rules over the entire life-cycle of packaging contributing to the efficient functioning of the internal market by harmonising national measures, while preventing and reducing the adverse impacts of packaging and packaging waste on the environment and human health. By laying measures in line with the hierarchy of waste, it should contribute to the transition to a circular economy. _________________ 30 Eurostat, Packaging waste statistics: https://ec.europa.eu/eurostat/statistics- explained/index.php?title=Packaging_wast e_statistics
Amendment 228 #
Proposal for a regulation
Recital 7
Recital 7
(7) The Council underlined in its Conclusions of December 202038, that the revision of Directive 94/62/EC should update and establish more concrete, effective and easy to implement provisions to facilitate sustainable packaging in the internal market and minimise the complexity of packaging in order to foster economically feasible solutions, to improve the reusability and recyclability as well as minimise substances of concern in packaging materials, especially concerning food packaging materials, and to provide for labelling packaging in an easily understandable way to inform consumers about its recyclability and where its waste should be discarded to facilitate sorting and recycling. At the same time it noted that hygiene and food safety standards have to be respected. _________________ 38 https://data.consilium.europa.eu/doc/docu ment/ST-13852-2020-INIT/en/pdf
Amendment 231 #
Proposal for a regulation
Recital 8
Recital 8
(8) The European Parliament’s Resolution of 10 February 2021 on the New Circular Economy Action Plan39reiterated the objective of making all packaging reusable or recyclable in an economically viable way by 2030 and called on the Commission to present a legislative proposal including waste reduction measures and targets and ambitious essential requirements in the Packaging and Packaging Waste Directive to reduce excessive packaging, including in e-commerce, improve recyclability and minimise the complexity of packaging, increase recycled content, phase out hazardous and harmful substances, and promote re-use. In addition, it stressed that food safety or hygiene standards must not be compromised. _________________ 39 https://www.europarl.europa.eu/doceo/doc ument/TA-9-2021-0040_EN.html
Amendment 252 #
Proposal for a regulation
Recital 12
Recital 12
(12) In line with the waste hierarchy set out in Article 4(2) of Directive 2008/98/EC, and in line with life-cycle thinking to deliver the best overall environmental outcome, the measures provided for under this Regulation aim at reducing the amount of packaging placed on the market in terms of its volume and weight, and preventing the generation of packaging waste, especially through packaging minimisation, avoiding packaging where it is not needed, and increased re-use of packaging, when it can be demonstrated that re-usable packaging achieves higher environmental benefits compared to single-use packaging . In addition, the measures aim at increasing the use of recycled content in packaging, especially in plastic packaging where the uptake of recycled content is very low, as well as higher recycling rates for all packaging and high quality of the resulting secondary raw materials while reducing other forms of recovery and final disposal.
Amendment 273 #
Proposal for a regulation
Recital 14 a (new)
Recital 14 a (new)
(14a) Food packaging materials represent a positive contribution to the prevention of food loss and food waste along the supply chain, for example packaging that reduces food loss in transport, storage and distribution, and that preserves the quality and hygiene of food for longer, or that extends shelf life.
Amendment 277 #
Proposal for a regulation
Recital 15 a (new)
Recital 15 a (new)
(15a) Per- and polyfluorinated alkyl substances (PFASs) are a large family of more than 4,700 man-made chemicals according to 2018 OECD definitions. Since their emergence in the late 1940s, PFASs have been used in an increasingly wide range of consumer products and industrial applications, from food packaging and clothing to electronics, aviation and firefighting foams. They are used for their ability to repel grease and water, as well as for their high stability and resistance to high temperatures, due to their carbon-fluorine bond. That bond is also responsible for their extreme persistence in the environment. Exposure to the most studied PFASs has been associated with a range of adverse health effects, including thyroid disease, liver damage, reduced birth weight, obesity, diabetes, hypercholesterolaemia and reduced response to routine vaccinations, as well as increased risk of breast, kidney and testicular cancer.
Amendment 278 #
Proposal for a regulation
Recital 15 a (new)
Recital 15 a (new)
(15a) Fostering a sustainable bio- economy can contribute to decreasing Europe's dependence on imported raw materials. Improving market conditions for bio-based recyclable packaging and compostable biodegradable packaging and reviewing existing law hampering the use of those materials offers the opportunity to stimulate further research and innovation and to substitute fossil fuel-based feedstocks with renewable sources for the production of packaging, where beneficial from a lifecycle perspective, and support further organic recycling.
Amendment 281 #
Proposal for a regulation
Recital 15 b (new)
Recital 15 b (new)
Amendment 283 #
Proposal for a regulation
Recital 15 c (new)
Recital 15 c (new)
(15c) On 27 May 2020, Denmark published Order No. 681 of May 25, 2020 ‘Executive Order on Food Contact Materials and Penal Code for Violation of Related EU Acts’ in its Official Gazette (Lovtidende A) to prohibit PFASs chemicals in food contact paper and board materials and articles. Following that example, in light of the health and environmental emergency represented by PFASs and awaiting ECHA's restriction opinion on a wider ban on PFASs for all packaging and for other sectors all paper, cardboard food packaging containing PFASs should not be placed on the Union market.
Amendment 308 #
Proposal for a regulation
Recital 22
Recital 22
(22) In order to establish harmonised rules on packaging design to ensure its recyclability, without compromising its functionality, the power to adopt delegated acts should be delegated to the Commission to set out detailed criteria for packaging design for recycling per packaging materials and categories, as well as for the assessment of the packaging recyclability at scale including for categories of packaging not listed in this Regulation. In order to give economic operators and Member States sufficient time to collect and report the necessary data to establish the “at scale” recycling methodology, the manufacturers should ensure that packaging is recycled at scale as of 2035. That should ensure that packaging complies with the design for recycling criteria, and is also recycled in practice on the basis of the state of the art processes for separate collection, sorting and recycling.
Amendment 322 #
Proposal for a regulation
Recital 25
Recital 25
(25) Some Member States are taking action to encourage recyclability of packaging through modulation of extended producer responsibility fees; such initiatives taken at the national level may create regulatory uncertainty for the economic operators, in particular where they supply packaging in several Member States. At the same time, modulation of extended producer responsibility fees is an effective economic instrument to incentivise more sustainable packaging design leading to better recyclable packaging while improving the functioning of the internal market. It is therefore necessary to harmonise criteria for the modulation of extended producer responsibility fees based on the recyclability performance grade obtained through recyclability assessment, while not setting the actual amounts of such fees and to ensure that such fees are earmarked to finance the net cost of collection, sorting and recycling of packaging. As the criteria should be related to the criteria on packaging recyclability, it is appropriate to empower the Commission to adopt such harmonised criteria at the same time as establishing the detailed design for recycling criteria per packaging categories.
Amendment 329 #
Proposal for a regulation
Recital 26 a (new)
Recital 26 a (new)
(26a) Low uptake of secondary material by economic operators can be caused by a structural imbalance of the market, whereby the supply of the recycled material cannot meet the demand. This can occur due to insufficient waste collection for recycling and sorting, or by the material being locked into applications which cannot be recycled, including applications beyond the scope of this legislation. Meanwhile, as a principle, any recycled content obligations should be accompanied with enablers. One such enabler should be, where technically feasible, the prioritisation of closed-loop recycling, whereby producers obliged with recycled content targets benefit from preferential access to the material derived from their effectively recycled packaging. Closed-loop recycling would stimulate the supply for a secondary material market, reduce foreign dependencies and incentivise design for recycling and recyclability.
Amendment 340 #
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 operators 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, as an average of their portfolio of plastic packaging placed on the Union market.
Amendment 362 #
Proposal for a regulation
Recital 35
Recital 35
(35) The bio-waste waste stream is often contaminated with conventional plastics and the material recycling streams are often contaminated with compostable plastics. This cross-contamination leads to waste of resources, lower quality secondary raw materials and should be prevented at source. As the proper disposal route for compostable plastic packaging is becoming increasingly confusing for consumers, it is justified and necessary to lay down clear and common rules on the use of compostable plastic packaging, mandating it only when its use brings a clear benefit for the environment or for human health. This is particularly the case when the use of compostable packaging helps collect or dispose of bio-waste. This contamination leads to environmental and economic impacts and waste of resources and should be prevented at source. Mandating compostable plastic packaging for applications strictly linked to food and food waste, may help to reduce this contamination. Therefore, , it is justified and necessary to lay down clear and common rules on the use of compostable plastic packaging, mandating it only when its use brings a clear benefit for the environment or for human health. This is particularly the case when the use of compostable packaging helps collect or dispose of bio-waste. The EN 13432 standard “Packaging - Requirements for packaging recoverable through composting and biodegradation" specifies requirements and procedures to determine the compostability and anaerobic treatability of packaging and packaging materials in industrial controlled conditions and should represent the harmonised specification of what packaging can be considered compostable and biodegradable across Member States.
Amendment 371 #
Proposal for a regulation
Recital 36
Recital 36
(36) For limited packaging applications made of biodegradable plastic polymersThere is a demonstrable environmental benefit of using compostable packaging for specific packaging applications, in particular those strictly linked to food and food waste prevention, , there is a demonstrable environmental benefit of using compostable packaging, which enters composting plants, including anaerobic digestion facilities under controlled conditions. Furthermore, where appropriate waste collection schemes and waste treatment infrastructures are available in a Member State, there should be a limited flexibility in deciding whether to mandate the use of compostable plastics for lightweight plastic carrier bags on its territory. In order to avoid consumer confusion about the correct disposal and considering the environmental benefit of circularity of the carbon, all other plastic packaging should go into material recycling and the design of such packaging should ensure that it does not affect the recyclability of other waste streams.
Amendment 392 #
Proposal for a regulation
Recital 40
Recital 40
(40) Packaging should be designed so as to minimise its volume and weight while maintaining its ability to perform the packaging functions. The manufacturer of packaging should assess the packaging against the performance criteria, as listed in Annex IV of this Regulation. In view of the objective of this Regulation to reduce packaging and packaging waste generation and to improve circularity of packaging across the internal market, it is appropriate to further specify the existing criteria and to make them more stringent. The list of the packaging performance criteria, as listed in the existing harmonised standard EN 13428:200057, should therefore be modified. While marketing and consumer acceptance remain relevant for packaging design, they should not be part of performance criteria justifying on their own additional packaging weight and volume. However, this should not compromise product and packagingspecifications for craft and industrial products and food and agricultural products that are registered andEU geographical indications, and or otherwiseprotected byunder the Union intellectual property law or agreements between the EU and third countries which recogniseEU geographical indication protection schemes, as part of the Union’s objective to protect intellectual property,cultural heritage and traditional know-how. On the other hand, recyclability, the use of recycled content, and re-use may justify additional packaging weight or volume, and should be added to the performance criteria. Packaging with double walls, false bottoms and other characteristics only aimed to increase the perceived product volume should not be placed on the market, as it does not meet the requirement for packaging minimisation. The same rule should apply to superfluous packaging not necessary for ensuring packaging functionality. _________________ 57 Packaging – Requirements specific to manufacturing and composition – Prevention by source reduction.
Amendment 412 #
Proposal for a regulation
Recital 45
Recital 45
(45) To facilitate consumers in the sorting and disposing of packaging waste, a system of harmonised symbols should be introduced and required to be placed both on packaging and on waste receptacles, thus allowing consumers to match the symbols for the purposes of disposal. The symbols should enable appropriate waste management as it should provide consumers with information about the composting properties of such packaging, in particular to avoid consumer confusion that compostable packaging is not as such suitable for home-composting. This approach should improve the separate collection of packaging waste, leading to higher quality recycling of packaging waste, and introduce a level of harmonisation of the packaging waste collection systems on the internal market. It is also necessary to harmonise symbols associated with the mandatory deposit and return systems. Considering that it is not collected through municipal waste collection systems, the use of those symbols should not be mandatory for transport packaging with the exception of the e-commerce packaging.
Amendment 421 #
Proposal for a regulation
Recital 50 a (new)
Recital 50 a (new)
(50a) An expert group should be set up with a balanced participation of Member States’ representatives and all interested parties involved with packaging, such as waste treatment industry representatives, manufacturers and packaging suppliers, distributers, retailers, importers, SMEs, environmental protection groups and consumer organisations. This group should be referred to as the “Packaging Forum” and it should contribute in particular to preparing, developing and further detailing the sustainability requirements, examining the effectiveness of the established market surveillance mechanisms and assessing any self- regulatory measures.
Amendment 442 #
Proposal for a regulation
Recital 61
Recital 61
(61) In orderPackaging should contribute to ensure a high level of environmental protection in the internal market, as well as a high level of food safety and hygiene, food waste prevention and comply with the EU food treceability requirements and facilitate the achievement of the packaging waste prevention targets, u. Unnecessary or avoidable packaging that do not contribute to these aims, should not be allowed to be placed on the market. The list of such packaging formats is provided in Annex V of this Regulation. In order to adapt the list to the technical and scientific progress the power to adopt acts in accordance with Article 290 of the Treaty should be delegated to the Commission to amend the list.
Amendment 443 #
Proposal for a regulation
Recital 61 a (new)
Recital 61 a (new)
Amendment 459 #
Proposal for a regulation
Recital 67
Recital 67
(67) In order to reduce the increasing proportion of packaging that is single use and the growing amounts of packaging waste generated, it is necessary to establish quantitative re-use and refill targets on packaging in sectors, which have been assessed as having the greatest potential for packaging waste reduction, namely food and beverages for take-away, large-white goods and transport packaging. This was appraised based one introduction of quantitative re-use and refill targets should be done when they represent the best environmental option considering the whole life cycle of packaging, and should be based on proper impact assessments considering factors such as existing systems for re-use, necessity of using packaging and the possibility of fulfilling the functional requirements in terms of containment, tidiness, health, hygiene and safety. Differences of the products and their production and distribution systems, were also taken into account. The setting of the targets is expected to support the innovation and increase the proportion of re-use and refill solutions. The use of single use packaging for food and beverages filled and consumed within the premises in the HORECA sector should not be allowed.
Amendment 488 #
Proposal for a regulation
Recital 90
Recital 90
(90) Waste prevention is the most efficient way to improve resource efficiency and to reduce the environmental impact of waste. It is important therefore that economic operators take appropriate measures to reduce the waste generation by eliminating excessive packaging and restrict the uses of certain packaging formats, extending the life span of packaging, re-designing products so that no packaging or less packaging can be used, including bulk sales, and by shifting from single use packaging to reusable packaging. The Commisison should assess the link between these measures and the setting of EU food waste reduction targets.
Amendment 518 #
Proposal for a regulation
Recital 100
Recital 100
(100) Member States shouldmay set up return and collection systems for packaging waste, so that they are channelled to the most appropriate waste management alternative, according to the waste hierarchy. The systems should be open for participation for all interested parties, in particular for economic operators and public authorities and be established taking into account the environment and consumer health, safety and hygiene. Return and collection systems should also be applicable for packaging of imported products under non-discriminatory provisions.
Amendment 522 #
Proposal for a regulation
Recital 101 a (new)
Recital 101 a (new)
(101a) The separate collection of packaging is the first step to ensure recycling, and to establish a strong Union market for secondary raw materials. The establishment of mandatory collection obligations is an incentive to develop efficient and targeted collection systems at national level, and thus increase the quantity of waste sorted and recycled at scale.
Amendment 525 #
Proposal for a regulation
Recital 102
Recital 102
(102) It has been shown that well- functioning dDeposit and return systems may ensure a very high collection rate, especially of beverage bottles and cans. In order to support the achievement of the separate collection target for single use plastic beverage bottles laid down in Directive (EU) 2019/904 and to further drive high collection rates of metal beverages containers, it is appropriate that Member States may establish deposit and return systems. Those systems willmay contribute to the increase of the supply of good quality secondary raw material suitable for closed loop recycling and reduce beverage containers litter.
Amendment 526 #
Proposal for a regulation
Recital 102
Recital 102
(102) It has been shown that well- functioning deposit and return systems ensure a very high collection rate, especially of beverage bottles and cans. In order to support the achievement of the separate collection target for single use plastic beverage bottles laid down in Directive (EU) 2019/904 and to further drive high collection rates of metal beverages containers, it is appropriate that Member StatesMember States should consider establishing deposit and return systems. Those systems willould contribute to the increase of the supply of good quality secondary raw material suitable for closed loop recycling and reduce beverage containers litter.
Amendment 533 #
Proposal for a regulation
Recital 103
Recital 103
(103) Deposit and return systems should be obligatory for single use plastic beverage bottles and metal beverage containers. Member States might also decide to include other packaging in these systems, in particular single use glass bottles, and should ensure that deposit and return systems for single-use packaging formats, in particular for single use glass beverage bottles, are equally available for reusable packaging, where technically and economically feasible. They should consider establishing deposit and return systems also for reusable packaging. In such situations, a Member State should be allowed, while observing the general rules laid down in the Treaty and complying with the provisions set out in this Regulation, adopt provisions which go beyond the minimum requirements set out in this Regulation.
Amendment 556 #
Proposal for a regulation
Recital 117 a (new)
Recital 117 a (new)
(117a) Separate collection out of homes is an important enabler for the increase of packaging collection rates, supporting packaging circularity. Member States should take specific measures to facilitate separate out-of-home collection.
Amendment 575 #
Proposal for a regulation
Article 1 – paragraph 1
Article 1 – paragraph 1
1. This Regulation establishes requirements for the entire life cycle of packaging as regards environmental sustainability and labelling, to allow its placing on the market, as well as for the extended producer responsibility, prevention, collection, treatment and recycling of packaging waste.
Amendment 668 #
Proposal for a regulation
Article 3 – paragraph 1 – point 29 a (new)
Article 3 – paragraph 1 – point 29 a (new)
(29a) 'traceability’ means the ability to trace and follow a food, feed, food- producing animal or substance intended to be, or expected to be incorporated into a food or feed, through all stages of production, processing and distribution;
Amendment 728 #
Proposal for a regulation
Article 3 – paragraph 1 – point 37
Article 3 – paragraph 1 – point 37
(37) ‘innovative packaging’ means a form of packaging that is manufactured using new materialand innovative materials and polymers, design or production processes, resulting in a significant improvement in the functions of packaging, such as containment, protection, handling, delivery or presentation of products, and in demonstrable environmental benefits, such as in end-of-life treatment, with the exception of packaging that is the result of modification of existing packaging for the sole purpose of improved presentation of products and marketing;
Amendment 753 #
Proposal for a regulation
Article 3 – paragraph 1 – point 41
Article 3 – paragraph 1 – point 41
(41) ‘compostable packaging’ means packaging capable of undergoing physical, chemical, thermal or biological decomposition such that most of the finished compost ultimately decomposes into carbon dioxide, mineral salts, biomass and water, according to Article 47(4), and does not hinder the separate collection and the composting process or activity into which it is introduced in industrially controlled conditions in accordance with European harmonised standards for packaging recoverable through composting and anaerobic digestion;
Amendment 830 #
2a. Paper and cardboard food packaging containing per- and polyfluorinated alkyl substances (PFASs) shall not be placed on the market.
Amendment 838 #
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 related to chemical safety unless there is an unacceptable risk to human health or to the environment arising from the use of a substance in the manufacturing of a packaging or packaging component, or from a substance present in a packaging or packaging component when it is placed on the market or during the subsequent stages of its life cycle. They shall address, as appropriate, substances of concern that have a negatively affect impact on the re-use, sorting and recycling of materials in the packaging in which they are present, and shall, as appropriate, identify the specific substances concerned and their associated criteria and limitations associated with them.
Amendment 861 #
Proposal for a regulation
Article 6 – paragraph 1
Article 6 – paragraph 1
1. All packagingFrom 1 January 2030, all packaging placed on the market shall be recyclable.
Amendment 905 #
Proposal for a regulation
Article 6 – paragraph 2 – subparagraph 2
Article 6 – paragraph 2 – subparagraph 2
Points (a) to (d) shall apply from5 years after the date of entry into force of the delegated act referred to in paragraph 4 and no earlier than 1 January 2030 and p. Point (e) shall apply from 1 January 20355 years after the date of entry into force of the delegated act referred to in paragraph 6 and in any case no earlier than 5 years after the application of point (a).
Amendment 928 #
Proposal for a regulation
Article 6 – paragraph 3
Article 6 – paragraph 3
3. Recyclable packaging shall, from 1 January 2030, comply with the design for recycling criteria as laid down in the delegated acts adopted pursuant to paragraph 4 and, from 1 January 2035Five years after the date of entry into force of the delegated acts referred to in paragraph 4 and in any case no earlier than 1 January 2030, recyclable packaging shall comply with the design for recycling criteria as laid down in the delegated acts adopted pursuant to paragraph 4. Five years after the date of entry into force of the delegated act referred to in paragraph 6 and in any case no earlier than 5 years after the application of point (a) of paragraph 2, also with the recyclability at scale requirements laid down in the delegated acts adopted pursuant to paragraph 6. Where such packaging complies with those delegated acts, it shall be considered to comply with paragraph 2, points (a) and (e).
Amendment 956 #
Proposal for a regulation
Article 6 – paragraph 4 – subparagraph 1
Article 6 – paragraph 4 – subparagraph 1
The Commission is empowered to adopt delegated acts in accordance with Article 58, in consultation with the Packaging Forum established under Article 12 bis, to supplement this Regulation in order to establish design for recycling criteria and recycling performance grades based on the criteria and parameters listed in Table 2 of Annex II for packaging categories listed in Table 1 of that Annex, as well as rules concerning the modulation of financial contributions to be paid by producers to comply with their extended producer responsibility obligations set out in Article 40(1), based on the packaging recycling performance grade, and for plastic packaging, the percentage of recycled content. Design-for-recycling criteria shall consider state of the art collection, sorting and recycling processes and shall cover all packaging components.
Amendment 980 #
Proposal for a regulation
Article 6 – paragraph 5 – subparagraph 1
Article 6 – paragraph 5 – subparagraph 1
From 1 January 2030,ive years after the adoption of the delegated act laying down design for recycling criteria pursuant to paragraph 4 packaging shall not be considered recyclable if it corresponds to performance grade E under the design for recycling criteria established in the delegated act adopted pursuant to paragraph 4 for the packaging category, to which the packaging belongs.
Amendment 1034 #
Proposal for a regulation
Article 6 – paragraph 7 a (new)
Article 6 – paragraph 7 a (new)
7a. Where technically feasible, Member States shall, especially through design of schemes established in compliance with Art. 40 and 44, prioritise recycling of recyclable packaging in closed loops, whereby producers obliged with recycled content targets benefit from preferential access to the material derived from their effectively recycled packaging
Amendment 1067 #
Proposal for a regulation
Article 6 – paragraph 10 – point c a (new)
Article 6 – paragraph 10 – point c a (new)
(ca) contact-sensitive plastic packaging of foods intended for infants and young children and food for special medical purposes covered by Regulation (EU) No 609/2013.
Amendment 1075 #
Proposal for a regulation
Article 6 – paragraph 10 a (new)
Article 6 – paragraph 10 a (new)
10a. By 1 January 2034, the Commission shall assess the need to review the derogation established under paragraph 10. This assessment shall take into account the available scientific guidelines of the relevant regulatory authorities, the state of scientific and technical progress, and the availability and prices of recyclable materials. On that basis and after consultation with relevant stakeholders, the Commission shall present, if appropriate, a legislative proposal.
Amendment 1100 #
Proposal for a regulation
Article 7 – paragraph 1 – introductory part
Article 7 – paragraph 1 – introductory part
1. From 1 January 2030, the plastic part in packaging shall contain the following minimum percentage of recycled content recovered from post-consumer plastic waste, per unit of packaging as an average of their portfolio of plastic packaging placed on the Union market:
Amendment 1159 #
Proposal for a regulation
Article 7 – paragraph 2 – introductory part
Article 7 – paragraph 2 – introductory part
2. From 1 January 2040, the plastic part in packaging shall contain the following minimum percentage of recycled content recovered from post-consumer plastic waste, per unit of packagingas an average of their portfolio of plastic packaging placed on the Union market:
Amendment 1231 #
Proposal for a regulation
Article 7 – paragraph 4 a (new)
Article 7 – paragraph 4 a (new)
4a. Member States shall ensure that comprehensive collection and sorting infrastructures are in place to guarantee the availability of recycled content.
Amendment 1243 #
Proposal for a regulation
Article 7 – paragraph 6
Article 7 – paragraph 6
6. By 1 January 2030, the financial contributions paid by producers to comply with their extended producer responsibility obligations as laid down in Article 40 shall be modulated based on the percentage of recycled content or bio-based content used in the packaging.
Amendment 1260 #
Proposal for a regulation
Article 7 – paragraph 7
Article 7 – paragraph 7
7. By 31 December 2026, the Commission is empowered to adopt implementing acts establishing the methodology for the calculation and verification of the percentage of recycled content recovered from post-consumer plastic waste, per unit of plastic packagingas an average of its portfolio of plastic packaging placed on the Union market, and the format for the technical documentation referred to in Annex VII. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 59(3).
Amendment 1281 #
Proposal for a regulation
Article 7 – paragraph 8 a (new)
Article 7 – paragraph 8 a (new)
8a. To achieve the targets set out in paragraphs 1 and 2 of this article, producers subjected to recyled content targets shall benefit from a right of preferential access to a proportionate share of the recycled materials recovered from the pre- and post-consumer plastic waste derived from the packaging they put on the market. The schemes described in article 40, paragraph 1 and in article 44 shall be designed accordingly.
Amendment 1331 #
Proposal for a regulation
Article 7 – paragraph 11 a (new)
Article 7 – paragraph 11 a (new)
11a. By 31 December 2026, the Commission shall publish a report assessing: (a) the possibility to introduce bio-based feedstock targets for plastic packaging, considering their potential contribution to meet the targets set out in Article 7(1) and (2); (b) sustainability requirements for bio- based feedstock;the Commission shall consider the existing sustainable criteria laid down in Article 29 of Directive (EU) 2018/2001 when assessing requirements for non-fossil bio-based feedstock. 2. Based on the assessment set out in the report referred to in paragraph 1, the Commission is empowered to adopt delegated acts in accordance with Article 58 to supplement this Regulation in order to: (a) establish bio-based targets used in plastic packaging towards achievements of the recycled content targets under Article 7(1) and (2); (b) establish sustainability requirements for bio-based feedstocks to be eligible to contribute towards the targets.
Amendment 1343 #
Proposal for a regulation
Article 8 – paragraph 1
Article 8 – paragraph 1
1. By [OP: please insert the date = 24 months from the entry into force of this Regulation], packaging referred to in Article 3(1), points (f) and (g), sticky labels attached to fruit and vegetables and, very lightweight plastic carrier bags, bags for fruits and vegetables or for other food sold loose, required for hygiene reasons or where it is demonstrated that contribute to prevent food waste, shall be compostable in industrially controlled conditions in bio-waste treatment facilities.
Amendment 1370 #
Proposal for a regulation
Article 8 – paragraph 2
Article 8 – paragraph 2
2. Where appropriate waste collection schemes and waste treatment infrastructure are available to ensure that packaging referred to in paragraph 1compostable packaging enters the organic waste management stream, Member States are empowered to require that lightweight plastic carrier bags, and any other packaging compliant with the requirements listed in Annex III, shall be made available on their market for the first time only if it can be demonstrated that those lightweight plastic carrier bags have been entirely manufactured from biodegradable plastic polymers, whichand other packaging are compostable in industrially controlled conditions.
Amendment 1376 #
Proposal for a regulation
Article 8 – paragraph 3
Article 8 – paragraph 3
3. By [OP: Please insert the date = 24 months from the date of entry into force of this Regulation], packaging other than that referred to in paragraphs 1 and 2, including packaging made of biodegradcompostable plastic polymers, shall allow material recycling without affecting the recyclability of other wastemay be placed on the market if compliant with criteria listed in Annex III, where appropriate waste collection schemes and waste treatment infrastructure are available to ensure that compostable plastic packaging enters the bio-waste waste management streams.
Amendment 1388 #
Proposal for a regulation
Article 8 – paragraph 5 a (new)
Article 8 – paragraph 5 a (new)
5a. The Commission shall, no later than 31 May 2026, request the European standardisation organisations to update the harmonised standard on the requirements for packaging recoverable through composting and biodegradation - test schemes and evaluation criteria. This standard shall consider the composting times, admissible levels of visual contamination and other requirements needed to reflect the actual conditions in the bio-waste treatment facilities, including anaerobic digestion processes, in line with the scientific and technological developments.
Amendment 1407 #
Proposal for a regulation
Article 9 – paragraph 1
Article 9 – paragraph 1
1. Packaging shall be designed so that its weight and volume is reduced to the minimum necessary for ensuring its functionalitys, as laid down in Article 3 paragraph 1, taking account of the material that the packaging is made of.
Amendment 1418 #
Proposal for a regulation
Article 9 – paragraph 2
Article 9 – paragraph 2
2. Packaging not necessary to comply with any of the performance criteria set out in Annex IV and packaging with characteristics that are only aimed to increase the perceived volume of the product, including double walls, false bottoms, and unnecessary layers, shall not be placed on the market, unless the packaging design is subject to geographical indications of origin and/or intellectual property right protected under Union legislation.
Amendment 1594 #
Proposal for a regulation
Article 12 a (new)
Article 12 a (new)
Article12a Packaging Forum The Commission shall ensure that when it conducts its activities, it observes a balanced participation of Member States’ representatives and all interested parties involved with packaging industry, including waste treatment industry representatives, manufacturers and packaging suppliers, distributers, retailers, importers, SMEs, environmental protection groups and consumer organisations. These parties shall contribute in particular to preparing the delegated and implementing acts provided for in this Regulation to develop and further detail the sustainability requirements and examining the effectiveness of the established market surveillance mechanisms. To that end, the Commission shall establish an expert group, in which those parties shall meet, referred to as the ‘Packaging Forum’.
Amendment 1703 #
Proposal for a regulation
Article 22 – paragraph 1
Article 22 – paragraph 1
1. EWithout prejudice to traceability requirements laid down in Article 18 of the Regulation n. 178/2002 1a,economic operators shall not place on the market packaging in the formats and for the purposes listed in Annex V. _________________ 1a Regulation (EC) No 178/2002 of the European Parliament and of the Council of 28 January 2002 laying down the general principles and requirements of food law, establishing the European Food Safety Authority and laying down procedures in matters of food safety (OJ L 31, 1.2.2002).
Amendment 1723 #
Proposal for a regulation
Article 22 – paragraph 2 a (new)
Article 22 – paragraph 2 a (new)
2a. The Commission shall adopt delegated acts in accordance with Article 58 in order to suplement the provisions laid down in point 2 of Annex V. The Commission shall consider the list of fresh fruit and vegetables laid down in part IX of Annex I of Regulation No 1308/20131aand assess where the restriction on the market of the packaging in the format and for the purposes listed in point 2 of Annex V would create water loss or turgidity loss, microbiological hazards or physical shocks. In this regards the Commisison should take into consideration the provisions laid down in Article 76 of Regulation No 1308/2013 _________________ 1a Regulation (EU) No 1308/2013 of the European Parliament and of the Council of 17 December 2013 establishing a common organisation of the markets in agricultural products and repealing Council Regulations (EEC) No 922/72, (EEC) No 234/79, (EC) No 1037/2001 and (EC) No 1234/2007 (OJ L 347)
Amendment 1725 #
Proposal for a regulation
Article 22 – paragraph 2 a (new)
Article 22 – paragraph 2 a (new)
2a. Without prejudice to Article 8 of this Regulation, economic operators shall not place on the market packaging in the formats and for the purposes listed in point 2 of Annex V as of 18 months after the adoption of the delegated act laid down in paragraph 2b
Amendment 1726 #
Proposal for a regulation
Article 22 – paragraph 2 b (new)
Article 22 – paragraph 2 b (new)
Amendment 1740 #
Proposal for a regulation
Article 22 – paragraph 3 a (new)
Article 22 – paragraph 3 a (new)
3a. By way of derogation from paragraph 1, economic operators are allowed to place on the market packaging in the formats and for the purposes listed in annex V when, by 2025, the Member State in which they place the packaging on the market has attained the recycling target of the respective packaging material set for 2030, as required under article 46(1) point (d);
Amendment 1741 #
Proposal for a regulation
Article 22 – paragraph 3 a (new)
Article 22 – paragraph 3 a (new)
3a. By way of derogation from paragraph 1, economic operators are allowed to place on the market packaging in the formats and for the purposes listed in Annex V when such packaging corresponds to performance grade B or above, under the design for recycling criteria established for the packaging category to which it belongs
Amendment 1752 #
Proposal for a regulation
Article 22 – paragraph 4
Article 22 – paragraph 4
4. The Commission shall be empowered to adopt delegated acts in accordance with Article 58 to amend Annex V in order to adapt it to technical and scientific progress with the objective to reducing packaging waste. When adopting those delegated acts,By [OP: Please insert the date = 8 years after the date of entry into force of this Regulation] the Commission shall consider the potential of the restrictions on the use of specific packaging formats to reduce the packaging waste generated while ensuring an overall positive environmental impact, and shall take into account the availability of alternative packaging solutions that meet requirements set out in legislation applicable to contact sensitive packaging, as well as their capability to prevent microbiological contamination of the packaged product. To that end, the Commission shall submit a report to the European Parliament and to the Council, accompanied, if the Commission finds it appropriate, by a legislative proposal.
Amendment 1807 #
Proposal for a regulation
Article 26 – paragraph 2
Article 26 – paragraph 2
Amendment 1837 #
Proposal for a regulation
Article 26 – paragraph 3
Article 26 – paragraph 3
Amendment 1873 #
Proposal for a regulation
Article 26 – paragraph 4 – introductory part
Article 26 – paragraph 4 – introductory part
4. The manufacturer and the final distributor making available on the market within the territory of a Member State in sales packaging alcoholic beverages in the form of beer, carbonated alcoholic beverages, fermented beverages other than wine, aromatised wine products and fruit wine, products based on spirit drinks, wine or other fermented beverages mixed with beverages, soda, cider or juice, shall ensure that:
Amendment 1887 #
Proposal for a regulation
Article 26 – paragraph 5
Article 26 – paragraph 5
Amendment 1909 #
Proposal for a regulation
Article 26 – paragraph 5 a (new)
Article 26 – paragraph 5 a (new)
5a. The obligation laid down in paragraph 4 does not apply to packaging for wines, aromatized wine products and spirituous beverages as defined by the nomenclature codes: ex 2204 Wine of fresh grapes, including fortified wines;grape must other than that of heading 2009; ex 2205 Vermouth and other wine of fresh grapes flavoured with plants or aromatic substances; ex 2208 Undenatured ethyl alcohol of an alcoholic strength by volume of less than 80 % vol; spirits, liqueurs and other spirituous beverages;
Amendment 1922 #
Proposal for a regulation
Article 26 – paragraph 6 – introductory part
Article 26 – paragraph 6 – introductory part
6. The manufacturer and the final distributor making available on the market within the territory of a Member State in sales packaging non- alcoholic beverages in the form of water, water with added sugar, water with other sweetening matter, flavoured water, soft drinks, soda lemonade, iced tea and similar beverages which are immediately ready to drink, pure juice, juice or must of fruits or vegetables and smoothies without milk and non- alcoholic beverages containing milk fat, shall ensure that:
Amendment 2061 #
Proposal for a regulation
Article 26 – paragraph 12 a (new)
Article 26 – paragraph 12 a (new)
12a. The packaging design subject to geographical indications of origin protected under Union legislation shall not comply with paragraphs 4 and 6 of this Article.
Amendment 2110 #
Proposal for a regulation
Article 26 – paragraph 15 a (new)
Article 26 – paragraph 15 a (new)
15a. Member States will be exempted from the obligation under paragraph 2, 3, 4 and 6 under the following conditions: (a) the rate of separate collection as required under Article 43(3), (4) (4b) of the respective packaging format as reported to the Commission under Article 50(1) point (c) is above 90 % by weight of such packaging placed on the market on the territory of that Member State in the calendar years 2026 and 2027. Where such reporting has not yet been submitted to the Commission, the Member State shall provide a reasoned justification, based on validated national data, and description of the implemented measures, that the conditions for the exemption set out in this paragraph are fulfilled; (b) at the latest 24 months before the deadline laid down in paragraphs 2 and 3 of this Article, the Member State notifies the Commission of its request for exemption and submits an implementation plan showing a strategy with concrete actions, including timeline that ensure the achievement of the 90 % separate collection rate by weight of the packaging
Amendment 2113 #
Proposal for a regulation
Article 26 – paragraph 15 a (new)
Article 26 – paragraph 15 a (new)
15a. Economic operators shall be exempted from the obligation to meet the targets in paragraphs 2 to 6 if the use of recyclable single-use packaging within the meaning of article 6 is environmentally preferable to the use of reusable packaging on the basis of a life cycle assessment, in line with the waste hierarchy as defined in article 4 of Directive 2008/98/EC, and without prejudice to requirements on health, hygiene and safety, including product safety.