48 Amendments of Krzysztof HETMAN related to 2022/0396(COD)
Amendment 114 #
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 and hygiene standards must not be compromised. __________________ 39 https://www.europarl.europa.eu/doceo/doc ument/TA-9-2021-0040_EN.html
Amendment 122 #
Proposal for a regulation
Recital 12 a (new)
Recital 12 a (new)
(12a) Packaging plays an important role in reducing food waste. According to the European Food Safety Agency (EFSA), food packaging protects food from microorganisms and makes it easier to store and to prolong the shelf life of food. Packaging helps preserving food, ensures its composition and organoleptic properties are not compromised, protects it from mechanical damage and physical shocks, and represents an effective barrier against microbiological degradation, oxygen or loss of aromas, therefore increasing the shelf life of food products. Packaging for fresh fruit and vegetables can ensure that consumers have access to fresh, healthy products that last longer therefore encouraging their consumption and healthy eating habits. Any initiative aiming to reduce the amount of packaging placed on the market should not impair packaging functionalities and jeopardise the EU food waste reduction ambitions.
Amendment 140 #
Proposal for a regulation
Recital 26
Recital 26
(26) To ensure packaging circularity, packaging should be designed and manufactured in such a way as to allow for the increased substitution of virgin materials with recycled materials. The increased use of recycled materials supports the development of the circular economy with well-functioning markets for recycled materials, reduces costs, dependencies and negative environmental impacts related to the use of primary raw materials, and allows for a more resource- efficient use of materials. In relation to the different packaging materials, the lowest input of recycled materials is in plastic packaging. In order to address these concerns in the most appropriate manner, it is necessary to increase the uptake of recycled plastics, by establishing mandatory targets for recycled content in plastic packaging at different levels depending on the contact-sensitivity54 of different plastic packaging applications, the availability, prices and market volumes of recycled plastic and ensuring that the targets become binding byfrom 2030. In order to incrementally ensure packaging circularity, increased targets should apply as of 2040. __________________ 54 Contact sensitive packaging refers to plastic packaging of products covered by Regulation (EC) No 1831/2003 of the European Parliament and of the Council of 22 September 2003 on additives for use in animal nutrition (OJ L 268, 18.10.2003, p. 29), Regulation (EC) No 1935/2004 of the European Parliament and of the Council of 27 October 2004 on materials and articles intended to come into contact with food (OJ L 338 13.11.2004, p. 4), Regulation (EC) No 767/2009 of the European Parliament and of the Council of 13 July 2009 on the placing on the market and use of feed, amending European Parliament and Council Regulation (EC) No 1831/2003 and repealing Council Directive 79/373/EEC, Commission Directive 80/511/EEC, Council Directives 82/471/EEC, 83/228/EEC, 93/74/EEC, 93/113/EC and 96/25/EC and Commission Decision 2004/217/EC (OJ L 229, 1.9.2009, p. 1), Regulation (EC) No 1223/2009 of the European Parliament and of the Council of 30 November 2009 on cosmetic products (recast) (OJ L 342, 22.12.2009, p. 59), Regulation (EU) 2017/745 of the European Parliament and of the Council of 5 April 2017 on medical devices, amending Directive 2001/83/EC, Regulation (EC) No 178/2002 and Regulation (EC) No 1223/2009 and repealing Council Directives 90/385/EEC and 93/42/EEC (OJ L 117, 5.5.2017, p. 1), Regulation (EU) 2017/746 of the European Parliament and of the Council of 5 April 2017 on in vitro diagnostic medical devices and repealing Directive 98/79/EC and Commission Decision 2010/227/EU (OJ L 117, 5.5.2017, p. 176), Regulation (EU) 2019/4 of the European Parliament and of the Council of 11 December 2018 on the manufacture, placing on the market and use of medicated feed, amending Regulation (EC) No 183/2005 of the European Parliament and of the Council and repealing Council Directive 90/167/EEC (OJ L 4, 7.1.2019, p. 1), Regulation (EU) 2019/6 of the European Parliament and of the Council of 11 December 2018 on veterinary medicinal products and repealing Directive 2001/82/EC (OJ L 4, 7.1.2019, p. 43), Directive 2001/83/EC of the European Parliament and of the Council of 6 November 2001 on the Community code relating to medicinal products for human use (OJ L 311, 28.11.2001, p. 67) and Directive 2008/68/EC of the European Parliament and of the Council of 24 September 2008 on the inland transport of dangerous goods (OJ L 260, 30.9.2008, p. 13–59).
Amendment 142 #
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 calculated as an average of the plastic packaging placed by a producer on the Union market.
Amendment 148 #
Proposal for a regulation
Recital 32
Recital 32
(32) Regarding plastic packaging, except where made from polyethylene terephthalate (PET), it will be warranted, sufficiently ahead of the date of application of the related recycled content requirements, to re-assess the availability and prices of recycled plastics, and the availability of suitable recycling technologies for such plastic packaging, also with respect to the state of authorisation under relevant Union rules, and the installation in practice of such technology. Based on this assessment, there might be need to provide for derogations from the recycled content requirements for specific contact sensitive plastic packaging concerned, or to revise the derogations. To that end, the power to adopt acts in accordance with Article 290 of the Treaty should be delegated to the Commission.
Amendment 172 #
Proposal for a regulation
Recital 44 a (new)
Recital 44 a (new)
(44a) Sorting is an essential step to ensure greater packaging circularity. 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 202 #
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 beveraThe introduction of quantitative re-use and refill targets for take-away, large- white goods and transport packaging. This was appraised based onshould 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 206 #
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 ofcan be replaced by 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 within the Union, to predominantly use 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.
Amendment 262 #
Proposal for a regulation
Article 6 – paragraph 2 – subparagraph 1 – point d
Article 6 – paragraph 2 – subparagraph 1 – point d
(d) it can be recycled so that the resulting secondary raw materials are of sufficientcomparable quality to substitute the primary raw materials, in accordance with the definition of recycling set out in Article 3(17) of the Waste Framework Directive (2008/98/EC) and Article 47(3) of this Regulation;
Amendment 265 #
Proposal for a regulation
Article 6 – paragraph 2 – subparagraph 2
Article 6 – paragraph 2 – subparagraph 2
Points (a)–(d) shall apply from5 years after the 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 no earlier than 5 years after the application of point (a).
Amendment 267 #
Proposal for a regulation
Article 6 – paragraph 3
Article 6 – paragraph 3
3. Recyclable packaging shall, from5 years after the entry into force of the delegated act referred to in paragraph 4 and no earlier than 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 2035, also5 years after the date of entry into force of the delegated act referred to in paragraph 6, and no earlier than 5 years after the application of paragraph 2, point (a), 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 271 #
Proposal for a regulation
Article 6 – paragraph 4 – subparagraph 1
Article 6 – paragraph 4 – subparagraph 1
The Commission is empowered to adoptshall, within 12 months of the entry into force of this Regulation, adopt in consultation with the Packaging Forum established by Article 12(a), delegated acts 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 be based on existing guidelines and design for recycling standards, shall consider state of the art collection, sorting and recycling processes and shall cover all packaging components. If the adoption of the above criteria is delayed, the presumption of compliance with the requirements set out in paragraph 1 of this Article in accordance with industry guidelines and design for recycling standards shall apply to all packaging placed on the market in the Union from 1 January 2030 until such criteria are adopted by the Commission.
Amendment 281 #
Proposal for a regulation
Article 6 – paragraph 5 – subparagraph 1
Article 6 – paragraph 5 – subparagraph 1
Amendment 295 #
Proposal for a regulation
Article 6 – paragraph 10 – point c a (new)
Article 6 – paragraph 10 – point c a (new)
Amendment 297 #
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 acts referred to in paragraphs 4 and 6 of this Article and, as regards plastic packaging, also in accordance with the Article 7(6). The financial contributions are intended to finance the net costs of the collection, sorting and recycling infrastructure for the types of packaging for which they are paid, according to the categories set out in Table 1 of Annex II.
Amendment 301 #
Proposal for a regulation
Article 7 – paragraph 1 – introductory part
Article 7 – paragraph 1 – introductory part
1. From 1 January 2030, plastic part in packaging shall contain the following minimum percentage of recycled content recovered from post-consumer plastic waste, per unit of packaging5 years after the adoption of the implementing acts laying down the methodology for the calculation and verification of the percentage of recycled content recovered from post- consumer plastic waste, as referred to in Article 7, economic operators shall ensure the following minimum percentage of recycled content recovered from post-consumer plastic waste as an average of the economic operator’s overall portfolio of plastic packaging placed on the Union market that falls under the scope of these requirements:
Amendment 304 #
Proposal for a regulation
Article 7 – paragraph 1 – point d
Article 7 – paragraph 1 – point d
(d) 35 % for plastic packaging other than those referred to in points (a), (b) and (c).
Amendment 306 #
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 containeconomic operators shall ensure the following minimum percentage of recycled content recovered from post-consumer plastic waste, per unit of packagingas an average of the economic operator’s overall portfolio of plastic packaging placed on the Union market that falls under the scope of these requirements:
Amendment 310 #
Proposal for a regulation
Article 7 – paragraph 3 – point d a (new)
Article 7 – paragraph 3 – point d a (new)
(da) packaging for infant formula and follow-on formula, processed cereal-based food for children and baby food, and food for special medical purposes as defined in Article 1, point (a), (b) and (c) of Regulation (EU) No 609/2013;
Amendment 311 #
Proposal for a regulation
Article 7 – paragraph 3 – point d b (new)
Article 7 – paragraph 3 – point d b (new)
(db) reusable and refillable packaging placed on the EU market before the adoption of the Regulation.
Amendment 316 #
Proposal for a regulation
Article 7 – paragraph 7
Article 7 – paragraph 7
7. By 31 December 2026Within 12 months from the date of entry into force of this Regulation, 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, 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 320 #
Proposal for a regulation
Article 7 – paragraph 9 – subparagraph 1
Article 7 – paragraph 9 – subparagraph 1
By 31 JanuaryDecember 20285, the Commission shall assess the need for derogations from the minimum percentage laid down in paragraph 1, points a, b and d, and in paragraph 2, points a, b and c, for specific plastic packaging, or for the revision of the derogation established under paragraph 3 for specific plastic packaging. The assessment shall be based on the availability on the market and the prices of recycled plastics on an annual basis from the year of entry into force of this Regulation, taking into account Eurostat data on the recycling rates for plastic packaging achieved in the 27 EU Member States. This assessment shall also be based on the new recycling technologies applied and their impact on the quantities available on the market. Based on this assessment, the Commission shall be empowered to adopt, by 31 December 2026 at the latest, delegated acts in accordance with Article 58 to amend the Regulation in order to:
Amendment 323 #
Proposal for a regulation
Article 7 – paragraph 9 – subparagraph 2 – point a
Article 7 – paragraph 9 – subparagraph 2 – point a
(a) provide for derogations from the scope, timing or level of minimum percentage laid down in paragraph 1, points a, b and d, and in paragraph 2, points a, b and c, for specific plastic packaging, and, as appropriate,
Amendment 326 #
Proposal for a regulation
Article 7 – paragraph 10
Article 7 – paragraph 10
10. Where justified by the lack of availability or excessive prices of specific recycled plastics that may have adverse effects on human or animal health, security of food supply or the environment, making compliance with the minimum percentages of recycled content set out in paragraphs 1 and 2 excessively difficult, the Commission shall be empowered to adoptor by the lack of legally validated recycling methods or the availability of infrastructure for separate collection and sorting, making compliance with the minimum percentages of recycled content set out in paragraphs 1 and 2 excessively difficult, the targets set out in paragraphs 1 and 2 of this Article shall be suspended until the Commission adopts, as a matter of urgency, a delegated act in accordance with Article 58 to amend paragraphs 1 and 2 by adjusting the minimum percentages accordingly. In evaluating the justification of such adjustment, the Commission shall assess requests from natural or legal persons to be accompanied by relevant information and data on the market situation for this post-consumer plastic waste and best available evidence regarding the related risks to human or animal health, to the security of food supply or to the environment.
Amendment 337 #
Proposal for a regulation
Article 9 – paragraph 4 a (new)
Article 9 – paragraph 4 a (new)
4a. Packaging manufactured or imported before the deadlines referred to in paragraphs 1, 2 and 3, may be marketed until 36 months after entry into force of this Regulation.
Amendment 434 #
Proposal for a regulation
Article 12 a (new)
Article 12 a (new)
Article 12a Packaging Forum The Commission shall ensure, when adopting secondary legislation, the balanced participation of Member States’ representatives and all interested parties involved with the packaging industry, including waste treatment industry representatives, manufacturers and packaging suppliers, distributers, final distributers, fulfilment service providers, SMEs, environmental protection groups and consumer organisations. Those parties shall contribute in particular to preparing the delegated and implementing acts provided for in this Regulation to develop and further detail the sustainable development requirements, and to examine the effectiveness of the established market surveillance mechanisms. To this end, the Commission shall establish an expert group to bring these stakeholders together, called the ‘Packaging Forum’.
Amendment 532 #
Proposal for a regulation
Article 26 – paragraph 2 – point b
Article 26 – paragraph 2 – point b
Amendment 533 #
Proposal for a regulation
Article 26 – paragraph 3 – point b
Article 26 – paragraph 3 – point b
Amendment 535 #
Proposal for a regulation
Article 26 – paragraph 4 – point b
Article 26 – paragraph 4 – point b
Amendment 537 #
Proposal for a regulation
Article 26 – paragraph 5 – point b
Article 26 – paragraph 5 – point b
Amendment 539 #
Proposal for a regulation
Article 26 – paragraph 6 – point b
Article 26 – paragraph 6 – point b
Amendment 540 #
Proposal for a regulation
Article 26 – paragraph 7 – introductory part
Article 26 – paragraph 7 – introductory part
7. EBy 1 January 2030, economic operators using transport packaging in the territory of the European Union in the form of pallets, plastic crates, foldable plastic boxes, pails and drums for the conveyance or packaging of products in conditions other than provided for under paragraphs 12 and 13, and which are not in direct contact with food, shall ensure that:
Amendment 541 #
Proposal for a regulation
Article 26 – paragraph 7 – point b
Article 26 – paragraph 7 – point b
Amendment 544 #
Proposal for a regulation
Article 26 – paragraph 8 – point b
Article 26 – paragraph 8 – point b
Amendment 548 #
Proposal for a regulation
Article 26 – paragraph 9 – point b
Article 26 – paragraph 9 – point b
Amendment 551 #
Proposal for a regulation
Article 26 – paragraph 10 – point b
Article 26 – paragraph 10 – point b
Amendment 552 #
Proposal for a regulation
Article 26 – paragraph 11 a (new)
Article 26 – paragraph 11 a (new)
11a. The targets laid down in paragraphs 1-10 shall be met by economic operators without prejudice to requirements on health and safety, including product safety, and provided that this delivers a better overall environmental outcome and is justified by a life-cycle approach, in line with the hierarchy of waste as defined in Article 4 of Directive 2008/98/EC.
Amendment 553 #
Proposal for a regulation
Article 26 – paragraph 11 a (new)
Article 26 – paragraph 11 a (new)
11a. By 1 January 2030 or at the latest when carrying out an evaluation of this Regulation as prescribed in Article 63, the Commission shall evaluate the feasibility and need of proposing new reuse targets.
Amendment 554 #
Proposal for a regulation
Article 26 – paragraph 12 – subparagraph 1 – introductory part
Article 26 – paragraph 12 – subparagraph 1 – introductory part
Amendment 556 #
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, excluding cardboard, which are not in direct contact with food, including flexible formats.
Amendment 559 #
Proposal for a regulation
Article 26 – paragraph 13 – subparagraph 1
Article 26 – paragraph 13 – subparagraph 1
Amendment 560 #
Proposal for a regulation
Article 26 – paragraph 13 – subparagraph 2
Article 26 – paragraph 13 – subparagraph 2
This obligation applies to pallets, boxes, excluding cardboardtrays, plastic crates, intermediate bulk containers, and drums and canisters, of all sizes and materials, excluding cardboard, which are not in direct contact with food, including flexible formats.
Amendment 569 #
Proposal for a regulation
Article 26 – paragraph 16 a (new)
Article 26 – paragraph 16 a (new)
Amendment 570 #
Proposal for a regulation
Article 26 – paragraph 16 a (new)
Article 26 – paragraph 16 a (new)
16a. When justified by cases of hygiene, food safety or environmental issues, economic operators shall be allowed to derogate from the targets laid down in paragraphs 2 to 6 of this Article.
Amendment 571 #
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]1 January 2030, the Commission shall review the situation regarding reuse of packaging and, on this basis, 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 574 #
Proposal for a regulation
Article 27 – paragraph 4 – subparagraph 1
Article 27 – paragraph 4 – subparagraph 1
By 31 December 20285, the Commission shall adopt implementing acts establishing detailed calculation rules and methodology regarding the targets set out in Article 26. That implementing act shall be adopted in accordance with the examination procedure referred to in Article 59(3). If, by 31 December 2025, no implementing acts establishing detailed calculation rules and methodology regarding the targets set out in Article 26 have been adopted, those targets shall be suspended until the Commission adopts the implementing acts provided for in this paragraph. The targets set out in Article 26 shall apply 5 years after the adoption of the implementing acts under this paragraph.
Amendment 627 #
Proposal for a regulation
Annex V
Annex V
Amendment 628 #
Proposal for a regulation
Annex V
Annex V