38 Amendments of Norbert LINS related to 2022/0396(COD)
Amendment 236 #
Proposal for a regulation
Article 4 – paragraph 5
Article 4 – paragraph 5
5. In addition to the labelling requirements laid down in Article 11, Member States may provide for further labelling requirements, for the purpose of identifying the extended producer responsibility scheme or a deposit and return system other than those referred to in Article 44(1). This does not apply to micro-enterprises as defined in Article 22(3), first half-sentence.
Amendment 267 #
Proposal for a regulation
Recital 13
Recital 13
(13) Packaging should be designed, manufactured and commercialised in such a way as to allow for its re-use or high- quality recycling, and to minimise its impact on the environment during its entire life-cycle and the life cycle of products, for which it was designed. A deviation from Article 4(2) of Directive 2008/98/EC may be justified correspondingly, for example with regard to the use of readily recyclable single-use packaging instead of reusable packaging.
Amendment 357 #
Proposal for a regulation
Article 9 – paragraph 4 – subparagraph 2
Article 9 – paragraph 4 – subparagraph 2
For reusable packaging, the assessment of compliance with the requirements set out in paragraph 1 shall take into account the function of reusable packaging as referred to in Article 10. Micro-enterprises as defined in Article 22(3) first half-sentence are exempt from the obligations in this paragraph.
Amendment 360 #
Proposal for a regulation
Article 10 – paragraph 2
Article 10 – paragraph 2
2. Compliance with the requirements set out in paragraph 1 shall be demonstrated in the technical information concerning the packaging referred to in Annex VII. Micro-enterprises as defined in Article 22(3) first half-sentence are exempt from the obligations in this paragraph.
Amendment 369 #
Proposal for a regulation
Article 11 – paragraph 4 – subparagraph 2
Article 11 – paragraph 4 – subparagraph 2
Where Union legislation requires information on the packaged product to be provided via a data carrier, a single data carrier shall be used for providing the information required for both the packaged product and the packaging. The obligations referred to in paragraphs 1 to 3 shall not apply to micro-enterprises as defined in Article 22(1), first half- sentence.
Amendment 372 #
Proposal for a regulation
Article 13 – paragraph 9 a (new)
Article 13 – paragraph 9 a (new)
(9a) The obligations referred to in paragraphs 1 to 9 shall not apply to micro-enterprises as defined in Article 22(3), first half-sentence.
Amendment 375 #
Proposal for a regulation
Article 17 – paragraph 2 – point c
Article 17 – paragraph 2 – point c
(c) the manufacturer and the importer have complied with the requirements set out in Article 13(5) and (6) and Article 16(3) respectively. These inspection obligations do not apply to micro- enterprises as defined in Article 22(3), 1st half-sentence.
Amendment 466 #
Proposal for a regulation
Recital 68
Recital 68
(68) To increase their effectiveness and ensure the equal treatment of economic operators, the re-use and refill targets should be placed on the economic operators with the possibility of exceptions in accordance with Art. 4(2) of Directive 2008/98/EC if, according to a life cycle assessment, the use of easily recyclable single-use packaging is more environmentally beneficial than the use of reusable packaging. In cases of targets for beverages, they should be additionally placed also on the manufacturers, as these actors are able to control the packaging formats used for the products they offer. The targets should be calculated as a percentage of sales in reusable packaging within a system for re- use or through refill or, in case of transport packaging, as a percentage of uses. The targets should be material neutral. In order to ensure uniform conditions for the implementation of targets for re-use and refill, the power to adopt an implementing act in accordance with Article 291 of the Treaty on the methodology for their calculation, should be delegated to the Commission.
Amendment 473 #
Proposal for a regulation
Recital 69
Recital 69
(69) Certain uses of single use transport packaging formats are not necessary, as there is a wide range of well-functioning reusable alternatives. In order to ensure that such alternatives are effectively used, it is appropriate to require economic operators, when transporting products between different sites of the same economic operator or between the economic operator and the linked or partner enterprises, to use only reusable transport packaging with respect to packaging formats such as pallets, foldable plastic boxes, plastic crates, intermediate bulk containers, both rigid and flexible, or drums. The same obligation should, for the same reasons, apply to economic operators transporting products within one Member State. Exceptions should be possible if, according to a life cycle assessment, the use of easily recyclable single-use packaging is more beneficial to the environment than the use of reusable packaging.
Amendment 479 #
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 290 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. The Commission should also establish requirements for the preparation of life cycle assessments according to which exemptions from the obligation to use reusable packaging pursuant to Art. 4(2) Directive 2008/98/EC can be justified. _________________ 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 531 #
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, andiming to complement existing collection schemes in an ecological sense regarding resource efficiency and environmental protection. Member States 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 537 #
Proposal for a regulation
Recital 103 a (new)
Recital 103 a (new)
(103a) Single use packaging made from paper, cardboard, and carton shall be given priority status in this Regulation as compared to single use plastic packaging, in light of their significantly lower enviornmental impact.
Amendment 545 #
Proposal for a regulation
Recital 108
Recital 108
(108) As a specific packaging waste generation prevention measure, Member States should actively encourage the re-use and refill solutions, unless the use of easily recyclable single-use packaging proves to be the better option according to a life cycle assessment. They should support the establishment of systems for re-use and refill and monitor their functioning and compliance with the hygiene standards. Member States are encouraged to take also other measures, such as setting up deposit and return systems covering reusable packaging formats, using economic incentives or establishing requirements for final distributors to make available a certain percentage of other products than those covered by re-use and refill targets in reusable packaging or through refill provided that such requirements will not result in fragmentation of single market and creation of trade barriers.
Amendment 555 #
Proposal for a regulation
Article 39 – paragraph 2
Article 39 – paragraph 2
2. Producers shall be obliged to register in the register referred to in paragraph 1. They shall, to that end, submit an application for registration in each Member State where they make packaging available on the market for the first time. Micro-enterprises as defined in Article 22(3) first half-sentence 1 are exempted. Where a producer has appointed a producer responsibility organisation as referred to in Article 41(1), the obligations set out in this Article shall be met by that organisation, unless otherwise specified by the Member State in which the register is established.
Amendment 584 #
Proposal for a regulation
Article 49 – paragraph 3 a (new)
Article 49 – paragraph 3 a (new)
(3a) Micro-enterprises as defined in Article 22(3) first half-sentence are exempt from the obligations set forth in paragraphs 1 to 3.
Amendment 679 #
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-art collection, sorting and recycling processes, giving priority to mechanical recycling processes;
Amendment 805 #
Proposal for a regulation
Article 4 – paragraph 5
Article 4 – paragraph 5
Amendment 907 #
Proposal for a regulation
Article 6 – paragraph 2 – subparagraph 2
Article 6 – paragraph 2 – subparagraph 2
Point (a) shall apply from [OP: Please insert the date = 36 months from the date of entry into force of this Regulation] 1 January 2030 and point (e) shall apply at the latest from 1 January 2035.
Amendment 931 #
Proposal for a regulation
Article 6 – paragraph 3
Article 6 – paragraph 3
3. Recyclable pPackaging shall, from 1 January 2030,[OP: Please insert the date = 36 months from the date of entry into force of this Regulation] comply with the design for recycling criteria as laid down in the delegated acts, based on established guidelines, adopted pursuant to paragraph 4 and, from 1 January 2035, 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 948 #
Proposal for a regulation
Article 6 – paragraph 4 – subparagraph 1
Article 6 – paragraph 4 – subparagraph 1
Amendment 1333 #
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 new bio- based feedstock targets for plastic packaging; (b) 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; (b) establish sustainability requirements for bio-based feedstocks to be eligible to contribute towards the targets.
Amendment 1338 #
Proposal for a regulation
Article 7 a (new)
Article 7 a (new)
Amendment 1346 #
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 shall be compostable in industrially controlled conditions in bio- waste treatment facilities.
Amendment 1452 #
Proposal for a regulation
Article 9 – paragraph 4 – subparagraph 2
Article 9 – paragraph 4 – subparagraph 2
For reusable packaging, the assessment of compliance with the requirements set out in paragraph 1 shall take into account the function of reusable packaging as referred to in Article 10. Micro-companies within the meaning of the first clause of Article 22(3) shall be exempt from the obligations of this paragraph.
Amendment 1492 #
Proposal for a regulation
Article 10 – paragraph 2
Article 10 – paragraph 2
2. Compliance with the requirements set out in paragraph 1 shall be demonstrated in the technical information concerning the packaging referred to in Annex VII. Micro-companies within the meaning of the first clause of Article 22(3) shall be exempt from the obligations of this paragraph.
Amendment 1517 #
Proposal for a regulation
Article 11 – paragraph 1 – subparagraph 2
Article 11 – paragraph 1 – subparagraph 2
Packaging subject to deposit and return systems referred to in Article 44(1) shall, in addition to the labelling referred to in the first subparagraph, be marked with a harmonised label established in the relevant implementing act adopted pursuant to paragraph 5. Safety markings that already being used as part of existing deposit and return systems in Member States may be used in addition to the harmonised label referred to in subparagraph 2.
Amendment 1552 #
Proposal for a regulation
Article 11 – paragraph 4 – subparagraph 2
Article 11 – paragraph 4 – subparagraph 2
Where Union legislation requires information on the packaged product to be provided via a data carrier, a single data carrier shall be used for providing the information required for both the packaged product and the packaging. The obligations laid down in paragraphs 1 to 3 shall not apply to micro-companies within the meaning of the first clause of Article 22(1).
Amendment 1573 #
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), or where a Member State has been granted the exemption under Article 44(3) from the obligations of 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.
Amendment 1621 #
Proposal for a regulation
Article 13 – paragraph 9 a (new)
Article 13 – paragraph 9 a (new)
9a. The obligations referred to in paragraphs 1 to 9 shall not apply to micro-companies within the meaning of the first clause of Article 22(3).
Amendment 1641 #
Proposal for a regulation
Article 17 – paragraph 2 – point c
Article 17 – paragraph 2 – point c
Amendment 1645 #
Proposal for a regulation
Article 17 – paragraph 2 a (new)
Article 17 – paragraph 2 a (new)
2a. Economic operators shall be exempted from the obligations mentioned in (a) and (b) if they comply with the definition of micro, small and medium- sized enterprises in accordance with the rules set out in the Commission Recommendation 2003/361.
Amendment 1687 #
Proposal for a regulation
Article 21 – paragraph 3
Article 21 – paragraph 3
3. Economic operators using sales packaging as e-commerce packaging or reusable packaging as e-commerce or transport shall be exempted from the obligation laid down in paragraph 1. They shall nevertheless ensure that such sales packaging complies with the requirements in Article 9.
Amendment 2102 #
Proposal for a regulation
Article 26 – paragraph 14 a (new)
Article 26 – paragraph 14 a (new)
14a. Economic operators shall be exempted from the obligation to meet targets in paragraphs 1 to 10, if they use single-use packaging that fulfils the criteria of high quality recycling.
Amendment 2150 #
Proposal for a regulation
Article 26 – paragraph 16 – point c a (new)
Article 26 – paragraph 16 – point c a (new)
(ca) requirements for the preparation of a life cycle assessment to justify an exemption for economic operators from the obligation to meet targets in paragraphs 1 to 10.
Amendment 2251 #
Proposal for a regulation
Article 38 – paragraph 3
Article 38 – paragraph 3
3. For the purpose of paragraph 2, Member States may useintroduce more stringent protective measures than those provided for by this Regulation as long as they are compatible with the Treaties. Such measures may include but are not limited to the use of economic instruments and other measures to provide incentives for the application of the waste hierarchy, such as measures referred to in Annexes IV and IVa to Directive 2008/98/EC, or other appropriate instruments and measures, including incentives through extended producer responsibility schemes and requirements on producers or producer responsibility organisations to adopt waste prevention plans. Such measuresThey shall be proportionate and non-discriminatory and be designed so as to avoid barriers to trade or distortions of competition in conformity with the Treaty.
Amendment 2273 #
Proposal for a regulation
Article 39 – paragraph 2
Article 39 – paragraph 2
(2) Producers shall be obliged to register in the register referred to in paragraph 1. They shall, to that end, submit an application for registration in each Member State where they make packaging available on the market for the first time. This shall not apply to micro-companies within the meaning of the first clause of Article 22(3). Where a producer has appointed a producer responsibility organisation as referred to in Article 41(1), the obligations set out in this Article shall be met by that organisation, unless otherwise specified by the Member State in which the register is established.
Amendment 2308 #
Proposal for a regulation
Article 39 – paragraph 2
Article 39 – paragraph 2
(2) Producers shall be obliged to register in the register referred to in paragraph 1. They shall, to that end, submit an application for registration in each Member State where they make packaging available on the market for the first time. This shall not apply to micro-companies within the meaning of the first clause of Article 22(3). Where a producer has appointed a producer responsibility organisation as referred to in Article 41(1), the obligations set out in this Article shall be met by that organisation, unless otherwise specified by the Member State in which the register is established.
Amendment 2310 #
Proposal for a regulation
Article 39 – paragraph 2
Article 39 – paragraph 2
(2) Producers shall be obliged to register in the register referred to in paragraph 1. They shall, to that end, submit an application for registration in each Member State where they make packaging available on the market for the first time. This shall not apply to micro-companies within the meaning of the first clause of Article 22(3). Where a producer has appointed a producer responsibility organisation as referred to in Article 41(1), the obligations set out in this Article shall be met by that organisation, unless otherwise specified by the Member State in which the register is established.