44 Amendments of Brando BENIFEI related to 2022/0396(COD)
Amendment 111 #
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, while also respecting hygiene and food safety standards. __________________ 38 https://data.consilium.europa.eu/doc/docu ment/ST-13852-2020-INIT/en/pdf
Amendment 113 #
Proposal for a regulation
Recital 8
Recital 8
(8) The European Parliament’s Resolution of 10 February 2021 on the New Circular Economy Action Plan39 reiterated 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. It also stressed that food safety or hygiene standards should not be compromised. __________________ 39 https://www.europarl.europa.eu/doceo/doc ument/TA-9-2021-0040_EN.html
Amendment 121 #
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 130 #
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. The Commission should ensure the consultation and involvement of all relevant stakeholders in the preparation of the delegated acts. 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 160 #
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 and presentation functionality, they should not be part of performance criteria justifying on their own additional packaging weight and volume. However, this should not compromise product and packaging specifications for craft and industrial products and food and agricultural products that are registered andEU geographical indications, and or otherwise protected by under the Union intellectual property law or agreements between the EU and third countries which recognise EU 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 166 #
Proposal for a regulation
Recital 44
Recital 44
(44) It is necessary to inform consumers and to enable them to appropriately dispose of packaging waste, including compostable lightweight and very lightweight plastic carrier bags. The most appropriate manner to do this is to establish a harmonised labelling system based on the material composition of packaging for sorting of waste, and to pair it with corresponding labels on waste receptacles. The need for such a harmonised labelling system to be recognized by all citizens irrespective of their circumstances should be a guiding factor in their design. This can be achieved through the use of pictograms without the need for national text. This would also serve to minimize the costs for translation of language otherwise required.
Amendment 178 #
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 QRelectronically readable code or other data carrier that provides such information. The QR codeelectronically readable code or other data carrier should also facilitate tracking and the calculation of trips and rotations. In addition, reusable sales packaging should be clearly identified at the point of sale.
Amendment 182 #
Proposal for a regulation
Recital 49
Recital 49
(49) To support the implementation of the objectives of this Regulation, consumers should be protected from misleading and confusing information about packaging characteristics and its appropriate end-of-life treatment, for which harmonised labels have been established under this Regulation. It should be possible to identify packaging included in the extended producer responsibility scheme by means of an accreditation symbol throughout the territory of that system. That harmonised symbol should be clear and unambiguous to consumers or users as to the recyclability of packaging. To this end, it could be considered that the Green Dot symbol, which is used in some Member States to signify that a producer has made a financial contribution to a national packaging recovery system58 , could mislead consumers to believe that packaging bearing such a symbol is always recyclable. __________________ 58 https://www.pro-e.org/the-green-dot- trademark
Amendment 186 #
Proposal for a regulation
Recital 53
Recital 53
(53) It should be ensured that suppliers of packaging or packaging materials provide the manufacturer with all the information and documentation necessary for the manufacturer to demonstrate the conformity of the packaging and the packaging materials. That information and documentation should be provided in either paper or electronic form.
Amendment 216 #
Proposal for a regulation
Recital 98
Recital 98
(98) Regulation (EU) 2022/2065 of the European Parliament and of the Council66 lays down rules on the traceability of traders, which more specifically contain obligations for providers of online platforms allowing consumers to conclude distance contracts with productraders offering packaging to consumers located in the Union. In order to prevent free-riding from the extended producer responsibility obligations, it should be specified how such providers of online platformmarketplaces and fulfilment service providers should fulfil those obligations with regard to the registers of packaging producers established pursuant to this Regulation. In that context, providers of online platforms, falling within the scope of Section 4 of Chapter 3 of Regulation (EU) 2022/2065, allowing consumers to conclude distance contracts with producers should obtain from those producers information about theirmarketplaces and fulfilment service providers should be required to comply with the extended producer responsibility requirements, unless they can prove that the traders offering packaging to consumers located in the Union are complianceying with the extended producer responsibility rules set out in this Regulationapplicable requirements set out in this Regulation prior to placing these products on the market or handling these products. The rules on traceability of traders selling packaging online are subject to the enforcement rules set out in Regulation (EU) 2022/2065. __________________ 66 Regulation (EU) 2022/2065 of the European Parliament and of the Council of 19 October 2022 on a Single Market For Digital Services and amending Directive 2000/31/EC (Digital Services Act) (OJ L 277, 27.10.2022, p. 1).
Amendment 223 #
Proposal for a regulation
Recital 123
Recital 123
(123) Effective enforcement of sustainability requirements is essential to ensure fair competition to ensure that this Regulation’s expected benefits and contribution to achieving the Union’s climate, energy and circularity objectives are achieved. Therefore, a minimum number of checks of economic operators placing packaging on the Union market should be established and Regulation (EU) 2019/1020 of the European Parliament and of the Council73 setting out a horizontal framework for market surveillance and control of products entering the Union market should apply to packaging for which sustainability requirements are set pursuant to this Regulation. __________________ 73 Regulation (EU) 2019/1020 of the European Parliament and of the Council of 20 June 2019 on market surveillance and compliance of products and amending Directive 2004/42/EC and Regulations (EC) No 765/2008 and (EU) No 305/2011 (OJ L 169, 25.6.2019, p. 1).
Amendment 224 #
Proposal for a regulation
Recital 123 a (new)
Recital 123 a (new)
(123a) Competent authorities should carry out checks at regular intervals on operators and traders to verify that they effectively fulfil the obligations laid down in this Regulation. Moreover, competent authorities should carry out checks on the basis of relevant information in their possession, including substantiated concerns submitted by third parties.
Amendment 234 #
Proposal for a regulation
Article 3 – paragraph 1 – point 8
Article 3 – paragraph 1 – point 8
(8) ‘economic operator’ means manufacturers, suppliers of packaging, importers, distributors, final distributors, and fulfilment service providers and authorised representative;
Amendment 236 #
Proposal for a regulation
Article 3 – paragraph 1 – point 10
Article 3 – paragraph 1 – point 10
(10) ‘producer’ means any manufacturer, filler, importer or distributor, who, irrespective of the selling technique used, including by means of distance contracts as defined in Article 2(7) of Directive 2011/83/EU, makes available packaging for the first timeplaces packaging within a territory of a Member States on a professional basis under its own name or trademark;
Amendment 247 #
Proposal for a regulation
Article 3 – paragraph 1 – point 59
Article 3 – paragraph 1 – point 59
(59) ‘online platform’ means online platformproviders of online marketplaces’ means providers of online marketplaces as defined in Article 3 point (i)14 of Regulation (EU) 2022/2065;on General Product Safety xxxx
Amendment 275 #
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 close cooperation with relevant stakeholders, in accordance with Article 58 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 280 #
Proposal for a regulation
Article 6 – paragraph 4 – subparagraph 2
Article 6 – paragraph 4 – subparagraph 2
The Commission is empowered to adopt delegated acts, in close cooperation with relevant stakeholders, in accordance with Article 58 to amend Table 1 of Annex in order to adapt it to scientific and technical development in material and product design, collection, sorting and recycling infrastructure.
Amendment 329 #
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 332 #
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 rights protected under Union legislation.
Amendment 348 #
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 and/or an electronically readable code or other type of digital data carrier containing information on its material composition. This obligation does not apply to transport packaging. However, it applies to e-commerce packaging.
Amendment 370 #
Proposal for a regulation
Article 11 – paragraph 2
Article 11 – paragraph 2
2. From [OP: Please insert the date = 48 months after the date of entry into force of this Regulation], packaging shall bear a label on packaging reusability and a QR/or an electronically readable code or other type of digital data carrier that provides further information on packaging reusability including the availability of a system for re-use and of collection points, and that facilitates the tracking of the packaging and the calculation of trips and rotations. In addition, reusable sales packaging shall be clearly identified and distinguished from single use packaging at the point of sale.
Amendment 377 #
Proposal for a regulation
Article 11 – paragraph 3
Article 11 – paragraph 3
3. Where a unit of packaging covered by Article 7 is marked with a label containing information on the share of recycled content, that label or electronically readable code or other type of digital data carrier shall comply with the specifications laid down in the relevant implementing act adopted pursuant to Article 11(5) and shall be based on the methodology pursuant to Article 7(7). Where a unit of plastic packaging is marked with a label containing information on the share of biobased plastic content, that label shall comply with the specifications laid down in the relevant implementing act adopted pursuant to Article 11(5).
Amendment 390 #
Proposal for a regulation
Article 11 – paragraph 4 – subparagraph 1
Article 11 – paragraph 4 – subparagraph 1
Labels referred to in paragraphs 1 to 3 and the QRand/or electronically readable codes or other type of digital data carrier referred to in paragraph 2s 1 to 3 shall be placed, printed or engraved visibly, clearly legibly and indelibly on the packaging. Where this is not possible or not warranted on account of the nature and size of the packaging, they shall be affixed to the grouped packaging.
Amendment 398 #
Proposal for a regulation
Article 11 – paragraph 5
Article 11 – paragraph 5
5. By [OP: Please insert the date = 182 months after the date of entry into force of this Regulation], the Commission shall adopt implementing acts to establish a harmonised label and specifications for the labelling requirements and formats for the labelling of packaging referred to in paragraphs 1 to 3 and the labelling of waste receptacles referred to in Article 12. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 59(3).
Amendment 438 #
Proposal for a regulation
Article 13 – paragraph 1 a (new)
Article 13 – paragraph 1 a (new)
1a. Manufacturers shall exercise due diligence prior to placing relevant packaging in the market or prior to their export from the Union market in order to ensure compliance with sustainability due diligence requirements laid down in Union and national law
Amendment 442 #
Proposal for a regulation
Article 13 – paragraph 3
Article 13 – paragraph 3
3. Manufacturers shall keep the technical documentation referred to in Annex VII and the EU declaration of conformity for 10 years after the packaging has been placed on the market and ensure that the technical documentation and the declaration of conformity are made available to the market surveillance authorities upon request.
Amendment 463 #
Proposal for a regulation
Article 13 – paragraph 9 a (new)
Article 13 – paragraph 9 a (new)
9a. Manufacturers shall make publicly available communication channels such as a telephone number, electronic address or dedicated section of their website, taking into account accessibility needs for persons with disabilities, to allow end- users to submit complaints or concerns regarding potential non-conformity of packaging. Manufacturers shall keep a register of complaints and concerns received for 10 years and shall keep such data as long as necessary for the purposes of investigation, as well as make it available upon request from a market surveillance authority.
Amendment 472 #
Proposal for a regulation
Article 14 – paragraph 1
Article 14 – paragraph 1
1. Any supplier of packaging or packaging materials shall provide the manufacturer with all the information and documentation necessary for the manufacturer to demonstrate the conformity of the packaging and the packaging materials with this Regulation, including the technical documentation referred to in Annex VII and required under Articles 5 to 10, in a language or languages, which can be easily understood by the manufacturer. That information and documentation shall be provided in either paper or electronic form.
Amendment 483 #
Proposal for a regulation
Article 16 – paragraph 1
Article 16 – paragraph 1
1. Importers shall only place on the market packaging which is compliant with the applicable requirements of Articles 5 to 11.
Amendment 492 #
Proposal for a regulation
Article 16 – paragraph 10
Article 16 – paragraph 10
10. Importers shall cooperate with the competent national authority on any action taken to remedy any case of non- compliance with the applicable requirements set out in Articles 5 to 11.
Amendment 511 #
Proposal for a regulation
Article 18 – paragraph 1
Article 18 – paragraph 1
Fulfilment service providers shall ensure that for packaging that they handle, the conditions during warehousing, handling and packing, addressing or dispatching, do not jeopardise the packaging’s compliance with the applicable requirements set out in Articles 5 to 11.
Amendment 512 #
Proposal for a regulation
Article 18 a (new)
Article 18 a (new)
Article 18 a Obligations of Providers of online marketplaces 1. For the purpose of compliance with Article 23 of Regulation (EU) 2022/2065 regarding packaging regulation, providers of online marketplaces shall suspend, for a reasonable period of time and after having issued a prior warning, the provision of their services to traders that frequently offer packaging which are non-compliant with this Regulation. 2. Providers of online marketplaces shall ensure that they have internal processes for in place in order to comply without undue delay with the relevant requirements of Regulation (EU) 2022/2065. 3. For the purpose of compliance with the requirements of Article 31(1) and (2) of Regulation (EU) 2022/2065 as regards packaging compliance, providers of online marketplaces shall design and organise their online interface in a way that enables the manufacturer, importer, authorized representative, distributor or fulfilment service provider to comply with their obligations and in a way that enables the market surveillance authorities to carry out market surveillance.
Amendment 536 #
Proposal for a regulation
Article 26 – paragraph 5
Article 26 – paragraph 5
Amendment 555 #
Proposal for a regulation
Article 26 – paragraph 12 – subparagraph 1 a (new)
Article 26 – paragraph 12 – subparagraph 1 a (new)
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 566 #
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.
Amendment 567 #
Proposal for a regulation
Article 26 – paragraph 15 b (new)
Article 26 – paragraph 15 b (new)
15b. Economic operators shall be exempted from the obligation under paragraphs 2 and 3 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 the Member State in which they operate 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 referred to in paragraph 1.
Amendment 568 #
Proposal for a regulation
Article 26 – paragraph 16 – point c a (new)
Article 26 – paragraph 16 – point c a (new)
(c a) requirements for the preparation of a life cycle assessment to justify an exemption under paragraph 15a (new).
Amendment 585 #
Proposal for a regulation
Article 40 – paragraph 3 – introductory part
Article 40 – paragraph 3 – introductory part
3. Providers of online platforms, falling within the scope of Section 4 of Chapter 3 of Regulation (EU) 2022/2065, allowing consumers to conclude distance contracts with producers shall obtain the following informatiomarketplaces, as well as fulfilment service providers, are required to comply with the extended producer responsibility requirements referred to in paragraphs 1 and 2 of this Article, unless they can fprom producve that traders offering packaging to consumers located in the Union are complying with these requirements by obtaining:
Amendment 589 #
Proposal for a regulation
Article 40 – paragraph 3 a (new)
Article 40 – paragraph 3 a (new)
3a. Upon receiving the information referred to paragraph 3 and prior to allowing the producer concerned to use its services, the provider of online marketplaces shall assess whether the information referred to in point (a) and (b) is reliable and complete.
Amendment 616 #
Proposal for a regulation
Article 54 a (new)
Article 54 a (new)
Article 54 a Obligation to perform checks 1. The competent authorities shall carry out checks within their territory to establish whether economic operators comply with their obligations under this Regulation and whether the relevant packaging placed or made available on the Union market or exported from it are compliant with the requirements of this Regulation. 2. Each Member State shall ensure that the annual checks carried out by their competent authorities in accordance with paragraph 1 cover at least 3% of the economic operators making packaging available in the territory of said Member State. 3. The identification of checks to be carried out shall be based on a risk-based approach that takes into considerations factors such as the risks of circumvention of the sustainability requirements of packaging and of the obligations of economic operators, taking into account the nature and material composition of packaging, the length and complexity of the packaging’s value chain, the history of non-compliance of economic operators with this Regulation or other relevant obligations derived from EU law, substantiated concerns submitted by natural or legal persons, and any other relevant information. 4. Without prejudice to the checks planned in advance pursuant to paragraph 2, competent authorities shall conduct checks referred to in paragraph 1 when they obtain or are made aware of relevant information, including based on substantiated concerns provided by third parties concerning a potential non- compliance with this Regulation. 5. Competent authorities shall, without undue delay, diligently and impartially assess the substantiated concerns, and take the necessary steps with a view to assessing potential breaches of the provisions of this Regulation 6. Checks shall be carried out without prior warning of the economic operator, except where prior notification of the operator or trader is necessary in order to ensure the effectiveness of the checks. 6. The competent authorities shall keep records of the checks indicating in particular their nature and results, as well as on the measures taken in case of non- compliance. Records of all checks shall be kept for at least ten years. 7. Records of checks carried out under this Regulation and reports of their results and outcomes shall constitute environmental information for the purposes of Directive 2003/4/EC38 and shall be publicly available.
Amendment 617 #
Proposal for a regulation
Article 56 – paragraph 1 – point k a (new)
Article 56 – paragraph 1 – point k a (new)
(k a) the requirements on recyclable packaging are not fulfilled;
Amendment 618 #
Proposal for a regulation
Article 56 – paragraph 1 – point k b (new)
Article 56 – paragraph 1 – point k b (new)
(k b) the requirements on minimum recycled content for packaging are not achieved;
Amendment 619 #
Proposal for a regulation
Article 63 – paragraph 1
Article 63 – paragraph 1
By [OP: Please insert the date = 86 years after the date of application of this Regulation], the Commission shall carry out an evaluation of this Regulation and of its contribution to the functioning of the internal market and the improvement of the environmental sustainability of packaging. The Commission shall present a report on the main findings of that evaluation to the European Parliament, the Council, the European Economic and Social Committee, and the Committee of the Regions. Member States shall provide the Commission with the information necessary for the preparation of that report.
Amendment 623 #
Proposal for a regulation
Annex IV – Part I – point 6
Annex IV – Part I – point 6
6. Legal requirements: the packaging design shall ensure that the packaging and packaged product can comply with the applicable legislation, including the protection of geographical indications and relevant intellectual property rights protected under Union legislation.