75 Amendments of Nicola DANTI related to 2022/0396(COD)
Amendment 113 #
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 packagingand recycling of packaging without increasing food waste and preserving food safety and hygiene standards.. 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 122 #
Proposal for a regulation
Recital 20
Recital 20
(20) Designing packaging with the objective of its recycling, once it becomes packaging waste, is one the most efficient measures to improve the packaging circularity and raise packaging recycling rates and the use of recycled content in packaging. Packaging design for recycling criteria have been established for a number of packaging formats under voluntary industry schemes, by the European Standardisation Organisations, or by some Member States for the purpose of the modulation of extended producer responsibility fees. In order to prevent barriers to the internal market and provide industry with a level playing field, and with the objective to promote the sustainability of packaging, it is important to set mandatory requirements regarding the recyclability of packaging, by harmonising the criteria and the methodology for assessing packaging recyclability based on a design for recycling methodology at the Union level. In order to meet the objective set out in the CEAP that, by 2030, all packaging should be recyclable or reusable, in an economically viable manner, packaging recyclability performance grades should be established based on design for recycling criteria for packaging categories as listed in Annex II. However, packaging should comply with them only as of 1 January 2030 in order to give sufficient time to the economic operators to adapt.
Amendment 126 #
Proposal for a regulation
Recital 22
Recital 22
(22) In order to establish harmonised rules on packaging design to ensure its recyclability, the power to adopt delegated acts should be delegated to the CommissionCommission should request the European standardisation organisations to develop harmonised standards 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 137 #
Proposal for a regulation
Recital 31
Recital 31
(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, considering the environmental impact of the recycling process 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 144 #
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 specifications for craft and industrial products and food, beverages and agricultural products that are registered and protected under the EU geographical indication protection scheme, as part of the Union’s objective to protect 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 150 #
Proposal for a regulation
Recital 44 a (new)
Recital 44 a (new)
(44a) Sorting is an essential step to ensure greater circularity of packaging. The improvement of sorting capacities, notably through technological innovations, should be encouraged in order to allow a better quality of sorting, and thus a better quality of feedstock for recycling.
Amendment 153 #
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. To avoid misleading consumers and prevent confusion, labelling of reusable packaging should clearly indicate the preferred means of sorting.
Amendment 174 #
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 on 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 208 #
Proposal for a regulation
Article 2 – paragraph 2
Article 2 – paragraph 2
2. This Regulation applies without prejudice to Union regulatory requirements for packaging such as those regarding safety, quality, the protection of health and the hygiene of the packed products, or to transport requirements, as well as without prejudice to the provisions of the Directive 2008/98/EC as regards the management of hazardous waste and the provisions of Article 4 (2) of the Directive 2008/98/EC, as regards to achieving the best overall environmental outcome .
Amendment 218 #
Proposal for a regulation
Article 3 – paragraph 1 – point 18 a (new)
Article 3 – paragraph 1 – point 18 a (new)
(18a) ‘plastic packaging’ means a packaging that is wholly or predominantly made of plastic;
Amendment 219 #
Proposal for a regulation
Article 3 – paragraph 1 – point 18 b (new)
Article 3 – paragraph 1 – point 18 b (new)
(18b) 'Biobased plastic' means a plastic material entirely made from biological resources, which can be collected, sorted and recycled with other plastics.
Amendment 245 #
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 materials, including innovative 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, 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 247 #
Proposal for a regulation
Article 3 – paragraph 1 – point 37 a (new)
Article 3 – paragraph 1 – point 37 a (new)
(37a) ‘innovative polymer’ means a polymer that has not been chemically modified and that: is bio-based, is created by using or replicating or imitating naturally occurring processes found in plants, fungi, or bacteria, retains its basic chemical structure during any process to convert it, and neither contains nor generates persistent synthetic polymers microparticles during biodegradation;
Amendment 254 #
Proposal for a regulation
Article 3 – paragraph 1 – point 41 a (new)
Article 3 – paragraph 1 – point 41 a (new)
(41a) 'biodegradable packaging’ means packaging that is capable of undergoing physical and biological decomposition so that it eventually breaks down into carbon dioxide (CO2), biomass and water and is, in accordance with European packaging standards, recoverable through composting and anaerobic digestion;
Amendment 267 #
Proposal for a regulation
Article 4 – paragraph 4
Article 4 – paragraph 4
Amendment 270 #
Proposal for a regulation
Article 4 – paragraph 5
Article 4 – paragraph 5
Amendment 280 #
Proposal for a regulation
Article 5 – paragraph 4
Article 5 – paragraph 4
4. Recyclability requirements established in delegated acts adoptedby the European Standardisation Organisations 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, and shall, as appropriate, identify the specific substances concerned and their associated criteria and limitations.
Amendment 290 #
Proposal for a regulation
Article 6 – paragraph 1
Article 6 – paragraph 1
1. ABy 2030, all packaging shall be recyclable.
Amendment 304 #
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 adoptedstandards developed by the European Standardisation Organisations, pursuant to paragraph 4 and, from 1 January 2035, also with the recyclability at scale requirements laid down in the delegated actstandards developed by the European Standardisation Organisations adopted pursuant to paragraph 6. Where such packaging complies with those delegated actstandards, it shall be considered to comply with paragraph 2, points (a) and (e).
Amendment 308 #
Proposal for a regulation
Article 6 – paragraph 4 – subparagraph 1
Article 6 – paragraph 4 – subparagraph 1
Amendment 323 #
Proposal for a regulation
Article 6 – paragraph 5 – subparagraph 1
Article 6 – paragraph 5 – subparagraph 1
From 1 January 2030, packaging shall not be considered recyclable if it corresponds to performance grade E under the design for recycling criteria established in the delegated act adoptedstandards developed by the European Standardisation Organisations pursuant to paragraph 4 for the packaging category, to which the packaging belongs.
Amendment 341 #
Proposal for a regulation
Article 6 – paragraph 9 – subparagraph 3 a (new)
Article 6 – paragraph 9 – subparagraph 3 a (new)
Member States shall continuously aim to improve collection and sorting infrastructures for innovative packaging with expected environmental benefits.
Amendment 342 #
Proposal for a regulation
Article 6 – paragraph 10 – point b
Article 6 – paragraph 10 – point b
Amendment 343 #
Proposal for a regulation
Article 6 – paragraph 10 – point c
Article 6 – paragraph 10 – point c
Amendment 344 #
Proposal for a regulation
Article 6 – paragraph 10 – point c a (new)
Article 6 – paragraph 10 – point c a (new)
(ca) Any reusable transport packaging placed on the market prior to the date of application of this Regulation.
Amendment 345 #
Proposal for a regulation
Article 6 – paragraph 10 a (new)
Article 6 – paragraph 10 a (new)
10a. This Article shall not apply to the following: (a) contact sensitive packaging of medical devices covered by Regulation (EU) 2017/745; (b) contact sensitive packaging of in vitro diagnostics medical devices covered by Regulation (EU) 2017/746.
Amendment 348 #
Proposal for a regulation
Article 6 – paragraph 11
Article 6 – paragraph 11
11. The financial contributions to be paid by producers to comply with their extended producer responsibility obligations as referred to in Article 40 shall be modulated on the basis of the recyclability performance grade, as determined in accordance with the delegated actstandards referred to in paragraphs 4 and 6 of this Article and, as regards plastic packaging, also in accordance with the Article 7(6).
Amendment 355 #
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 packaginglastic waste:
Amendment 374 #
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 packaginglastic waste:
Amendment 399 #
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 biobased content used in the packaging.
Amendment 405 #
Proposal for a regulation
Article 7 – paragraph 7
Article 7 – paragraph 7
7. By 31 December 2026, the Commission is empowered toshall 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 packaging,lastic waste 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 448 #
Proposal for a regulation
Article 9 – paragraph 4 a (new)
Article 9 – paragraph 4 a (new)
4a. Paragraph 4 shall not apply to micro, small and medium sized economic operators that are not part of a large group, in line with Article 3 (1), (2), (3) and (7) of Directive 2013/34/EU.
Amendment 456 #
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 compositionthe destination of each separate component of the packaging, in order to facilitate consumer sorting. This obligation does not apply to transport packaging. However, it applies to e-commerce packaging.
Amendment 468 #
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.
Amendment 496 #
Proposal for a regulation
Article 13 – paragraph 8
Article 13 – paragraph 8
8. Manufacturers who consider or have reason to believe that packaging which they have placed on the market, after the entry into force of this Regulation is not in conformity with one or more of the applicable requirements set out in Articles 5 to 11 shall immediately take the corrective measures necessary to bring that packaging into conformity, to withdraw it or recall it, as appropriate. Manufacturers shall immediately inform the market surveillance authority of the Member State in which they made the packaging available of the suspected non- compliance and of any corrective measures taken.
Amendment 511 #
Proposal for a regulation
Article 21 – paragraph 2 – subparagraph 2 a (new)
Article 21 – paragraph 2 – subparagraph 2 a (new)
Empty spaces are exempted if they occur due the shape of a product, where the minimisation of empty spaces would lead to an increased amount of packaging material.
Amendment 513 #
Proposal for a regulation
Article 22
Article 22
Amendment 520 #
Proposal for a regulation
Article 22 – paragraph 1
Article 22 – paragraph 1
1. Economic operators shall not place on the market packaging in the formats and for the purposes listed in Annex V, unless such packaging is in line with the requirements regarding the choice of options that deliver the best overall environmental outcome justified by life- cycle thinking provided for in paragraph 2 of Article 4 of Directive 2008/98/EC.
Amendment 527 #
Proposal for a regulation
Article 22 – paragraph 2
Article 22 – paragraph 2
Amendment 534 #
Proposal for a regulation
Article 22 – paragraph 3
Article 22 – paragraph 3
Amendment 539 #
Proposal for a regulation
Article 22 – paragraph 4
Article 22 – paragraph 4
Amendment 540 #
Proposal for a regulation
Article 22 – paragraph 4
Article 22 – paragraph 4
Amendment 555 #
Proposal for a regulation
Article 26 – paragraph 2
Article 26 – paragraph 2
Amendment 574 #
Proposal for a regulation
Article 26 – paragraph 3
Article 26 – paragraph 3
Amendment 591 #
Proposal for a regulation
Article 26 – paragraph 4
Article 26 – paragraph 4
Amendment 612 #
Proposal for a regulation
Article 26 – paragraph 5
Article 26 – paragraph 5
Amendment 618 #
Proposal for a regulation
Article 26 – paragraph 6
Article 26 – paragraph 6
Amendment 639 #
Proposal for a regulation
Article 26 – paragraph 7 – point a
Article 26 – paragraph 7 – point a
(a) from 1 January 20340, 30 % of such packaging used is reusable packaging within a system for re-use;
Amendment 642 #
Proposal for a regulation
Article 26 – paragraph 7 – point b
Article 26 – paragraph 7 – point b
Amendment 647 #
Proposal for a regulation
Article 26 – paragraph 8 – point a
Article 26 – paragraph 8 – point a
(a) from 1 January 20340, 10 % of such packaging used is reusable packaging within a system for re-use;
Amendment 650 #
Proposal for a regulation
Article 26 – paragraph 8 – point b
Article 26 – paragraph 8 – point b
Amendment 659 #
Proposal for a regulation
Article 26 – paragraph 9 – point a
Article 26 – paragraph 9 – point a
(a) from 1 January 20340, 10 % of such packaging used is reusable packaging within a system for re-use;
Amendment 662 #
Proposal for a regulation
Article 26 – paragraph 9 – point b
Article 26 – paragraph 9 – point b
Amendment 673 #
Proposal for a regulation
Article 26 – paragraph 10 – point a
Article 26 – paragraph 10 – point a
(a) from 1 January 20340, 10 % of such packaging used is reusable packaging within a system for re-use;
Amendment 674 #
Proposal for a regulation
Article 26 – paragraph 10 – point b
Article 26 – paragraph 10 – point b
Amendment 680 #
Proposal for a regulation
Article 26 – paragraph 11
Article 26 – paragraph 11
11. Targets laid down in paragraphs 1 to 10this Article shall be calculated for the period of a calendar year.
Amendment 683 #
Proposal for a regulation
Article 26 – paragraph 12 – subparagraph 1 – introductory part
Article 26 – paragraph 12 – subparagraph 1 – introductory part
Amendment 691 #
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, not in direct contact with food, including flexible formats.
Amendment 700 #
Proposal for a regulation
Article 26 – paragraph 13 – subparagraph 1
Article 26 – paragraph 13 – subparagraph 1
By [OP: Please insert the date = 24 months after the entry into force of this Regulation] Economic operators delivering products to another economic operator within the same Member State shall use onlyat least 95% reusable transport packaging for the purpose of the transportation of such products.
Amendment 707 #
Proposal for a regulation
Article 26 – paragraph 13 – subparagraph 2
Article 26 – paragraph 13 – subparagraph 2
This obligation applies to pallets, boxes, excluding cardboard, plastic crates intermediate bulk containers, and drums, of all sizes and materials not in direct contact with food, including flexible formats.
Amendment 713 #
Proposal for a regulation
Article 26 – paragraph 13 a (new)
Article 26 – paragraph 13 a (new)
13a. Economic operators shall be exempted to fulfil the targets of paragraph 1 to 13, if they can prove, in accordance with Article 4 (2) of Directive 2008/98/EC, that single-use packaging has a better environmental footprint than comparable re-use systems.
Amendment 716 #
Proposal for a regulation
Article 26 – paragraph 14 – introductory part
Article 26 – paragraph 14 – introductory part
14. Economic operators shall be exempted from the obligation to meet the targets in paragraphs 2 to 10this Article if, during a calendar year, they:
Amendment 722 #
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, a) they have a sales area of not more than 100 m2, including also all storage and dispatch areas. (b) reuse is not the option that delivers the best overall environmental outcome justified by life-cycle thinking provided for in paragraph 2 of Article 4 of Directive 2008/98/EC.
Amendment 733 #
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 this article when duly justified by concerns related to public health, food hygiene and safety or product integrity.
Amendment 741 #
Proposal for a regulation
Article 26 – paragraph 16 – point a
Article 26 – paragraph 16 – point a
Amendment 743 #
Proposal for a regulation
Article 26 – paragraph 16 – point b
Article 26 – paragraph 16 – point b
(b) exemptions for economic operators additional to those listed in points (a) to (c) of paragraph 14 of this Article,
Amendment 746 #
Amendment 751 #
Proposal for a regulation
Article 26 – paragraph 17
Article 26 – paragraph 17
17. By [OP: Please insert the date = 8 years after the date of entry into force of this Regulation], the Commission shall review the situation regarding reuse of packaging and, on this basis,, with particular regard to the impact of these measures on hygiene, food safety, climate and the environment. On the basis of that review, the Commission shall assess the appropriateness of establishing measures, reviewing the targets laid down in this Article, and setting new targets for the reuse and refill of packaging, and where necessary present a legislative proposal.
Amendment 758 #
Proposal for a regulation
Article 27 – paragraph 4 – subparagraph 1
Article 27 – paragraph 4 – subparagraph 1
By 31 December 20287, the Commission shall adopt implementingdelegated acts establishing detailed calculation rules and methodology regarding the targets set out in Article 26.
Amendment 759 #
Proposal for a regulation
Article 27 – paragraph 4 – subparagraph 2
Article 27 – paragraph 4 – subparagraph 2
The implementingdelegated act shall be adopted in accordance with the examination procedure referred to in Article 59(3).
Amendment 775 #
Proposal for a regulation
Article 38 – paragraph 3
Article 38 – paragraph 3
3. For the purpose of paragraph 2, Member States may use 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 measures 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 and with article 4 of this Regulation.
Amendment 784 #
Proposal for a regulation
Article 43 – paragraph 1
Article 43 – paragraph 1
1. Member States shall, by 2030, ensure that systems are set up to provide for the return and separate collection of all packaging waste from the end users in order to ensure that it is treated in accordance with Articles 4 and 13 of Directive 2008/98/EC, and to facilitate its preparation for re-use and high quality recycling.
Amendment 802 #
Proposal for a regulation
Article 44 – paragraph 3 – point a
Article 44 – paragraph 3 – point a
(a) the rate of separate collection as required under Article 43(3) and (4) of the respective packaging format as reported to the Commission under Article 50(1) point (c) is above 9equal to or higher than 80 % 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;
Amendment 841 #
Proposal for a regulation
Annex V RESTRICTIONS ON USE OF PACKAGING FORMATS
Annex V RESTRICTIONS ON USE OF PACKAGING FORMATS
Amendment 843 #
Proposal for a regulation
Annex V RESTRICTIONS ON USE OF PACKAGING FORMATS
Annex V RESTRICTIONS ON USE OF PACKAGING FORMATS