57 Amendments of Markus FERBER related to 2022/0396(COD)
Amendment 345 #
Proposal for a regulation
Recital 30
Recital 30
Amendment 355 #
Proposal for a regulation
Recital 33
Recital 33
Amendment 402 #
Proposal for a regulation
Recital 43
Recital 43
(43) To promote the circularity and sustainable use of packaging, reusable packaging and systems for re-use should be incentivised without prejudice to Article 4(2) Directive 2008/98/EC. For that purpose, it is necessary to clarify the notion of reusable packaging and to ensure that it is linked not only to the packaging design, which should enable a maximum number of trips or rotations and maintaining the safety, quality and hygiene requirements when being emptied, unloaded, refilled or reloaded, but also to the setting up of systems for re-use respecting minimum requirements as set out in this Regulation. In order to facilitate conformity assessment with requirements on reusable packaging, it is necessary to provide for presumption of conformity for packaging which is in conformity with harmonised standards adopted in accordance with Regulation (EU) No 1025/2012 for the purpose of expressing detailed technical specifications of those requirements and define reusable packaging criteria and formats, including minimum number of trips or rotations, standardised designs, as well as requirements for systems for re-use, including hygiene requirements.
Amendment 445 #
Proposal for a regulation
Recital 62
Recital 62
(62) In order to further the aim of circularity and sustainable use of packaging, it is necessary, without prejudice to Article 4(2) Directive 2008/98/EC, to limit the risk that packaging marketed as reusable is not re- used in practice and to ensure that consumers return reusable packaging. The most appropriate manner to achieve this is to oblige economic operators, who use reusable packaging, to ensure that a system for re-use is put in place, thus allowing such packaging to circulate, rotate and be repeatedly used. To ensure maximum benefits of such systems, minimum requirements should be laid down for open loop and closed loop systems. Confirmation of compliance of reusable packaging with an existing system for re- use should also be a part of the technical documentation of such packaging.
Amendment 463 #
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, and without prejudice to Article 4(2) of Directive 2008/98/EC, 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 475 #
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. If a life cycle assessment is more environmentally usefull, according to Art. 4 (2) of Directive 2008/98/EC, excemptions must be possible.
Amendment 489 #
Proposal for a regulation
Recital 90
Recital 90
(90) Waste prevention is the most efficient way to improve resource efficiency and to reduce the environmental impact of waste. It is important therefore, without prejudice to Article 4(2) of Directive 2008/98/EC, that economic operators take appropriate measures to reduce the waste generation by eliminating excessive packaging and restrict the uses of certain packaging formats, extending the life span of packaging, re-designing products so that no packaging or less packaging can be used, including bulk sales, and by shifting from single use packaging to reusable packaging.
Amendment 546 #
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, unlessa life cycle assessment shws, that a recyclable single- use packaging is the better alternative. 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 677 #
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 as a first orientation with state-of-the-art collection, sorting and recycling processes; this should also apply, where possible, for mechanical recylability, as this is at the moment the most ecologically advantegeous recycling option for the near future.
Amendment 790 #
Proposal for a regulation
Article 4 – paragraph 4
Article 4 – paragraph 4
Amendment 798 #
Proposal for a regulation
Article 4 – paragraph 5
Article 4 – paragraph 5
Amendment 860 #
Proposal for a regulation
Article 6 – paragraph 1
Article 6 – paragraph 1
1. All packaging shall be recyclable in accordance with paragraph 2 of this article.
Amendment 909 #
Proposal for a regulation
Article 6 – paragraph 2 – subparagraph 2
Article 6 – paragraph 2 – subparagraph 2
Point (a) shall apply from 1 January 2030 and points (b), (c), (d) and (e) shall apply from 1 January 2035.
Amendment 947 #
Proposal for a regulation
Article 6 – paragraph 4 – subparagraph 1
Article 6 – paragraph 4 – subparagraph 1
The Commission is empowered to adopt delegated acts in accordance with Article 58 to supplement this Regulation in ordershall request the CEN- European Committee for Standardisation, to develop harmonised standards 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 componentst latest by 1 July 2026.
Amendment 966 #
Proposal for a regulation
Article 6 – paragraph 4 – subparagraph 1 a (new)
Article 6 – paragraph 4 – subparagraph 1 a (new)
The Commission shall adopt delegated acts in accordance with Article 58 by 1 July 2026 to supplement 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 1000 #
Proposal for a regulation
Article 6 – paragraph 6 – introductory part
Article 6 – paragraph 6 – introductory part
6. TBy January 2030, the Commission shall, for each packaging type listed in Table 1 of Annex II, establish the methodology to assess if packaging is recyclable at scale. That methodology shall be based at least on the following elements:
Amendment 1079 #
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 and CEN Standards referred to in paragraphs 4 and 6 of this Article and, as regards plastic packaging, also in accordance with the Article 7(6).
Amendment 1095 #
Proposal for a regulation
Article 7 – paragraph 1 – introductory part
Article 7 – paragraph 1 – introductory part
1. From 1 January 2030, theproducers shall ensure that plastic part in packaging shall contain the following minimum percentage of recycled content recovered from post- consumer plastic waste, per unit of packaging:. Targets shall be calculated as an average of the plastic packaging placed by a producer on the Union market.
Amendment 1137 #
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 1154 #
Proposal for a regulation
Article 7 – paragraph 2 – introductory part
Article 7 – paragraph 2 – introductory part
2. From 1 January 2040, theproducers shall ensure that plastic part in packaging shall contain the following minimum percentage of recycled content recovered from post- consumer plastic waste, per unit of packaging:. Targets shall be calculated as an average of the plastic packaging placed by a producer on the Union market.
Amendment 1177 #
Proposal for a regulation
Article 7 – paragraph 2 – point a
Article 7 – paragraph 2 – point a
Amendment 1319 #
Proposal for a regulation
Article 7 – paragraph 10
Article 7 – paragraph 10
Amendment 1355 #
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 1374 #
Proposal for a regulation
Article 8 – paragraph 3
Article 8 – paragraph 3
Amendment 1382 #
Proposal for a regulation
Article 8 – paragraph 5
Article 8 – paragraph 5
Amendment 1453 #
Proposal for a regulation
Article 9 – paragraph 4 – subparagraph 2 a (new)
Article 9 – paragraph 4 – subparagraph 2 a (new)
Micro-companies as defined in Art. 22(3), are exempt from the obligations of this paragraph.
Amendment 1493 #
Proposal for a regulation
Article 10 – paragraph 2 a (new)
Article 10 – paragraph 2 a (new)
2a. Micro-companies as defined in Article 22(3), are exempt from the obligations of this paragraph.
Amendment 1520 #
Proposal for a regulation
Article 11 – paragraph 1 – subparagraph 2 a (new)
Article 11 – paragraph 1 – subparagraph 2 a (new)
In addition to the harmonised label referred to in the second subparagraph, Member States may still use security markings for packaging established in return and deposit systems.
Amendment 1549 #
Proposal for a regulation
Article 11 – paragraph 4 – subparagraph 1 a (new)
Article 11 – paragraph 4 – subparagraph 1 a (new)
Micro-companies as defined in Article 22(3), are exempt from the obligations of this paragraph.
Amendment 1583 #
Proposal for a regulation
Article 11 – paragraph 8 a (new)
Article 11 – paragraph 8 a (new)
8a. Packaging placed on the market before the date mentioned in paragraph 1 may be marketed until the end of its life.
Amendment 1595 #
Proposal for a regulation
Article 12 a (new)
Article 12 a (new)
Article12a Packaging Forum The Commission shall establish an expert group, in which all Member States' representatives and all interested parties involved with the packaging industry shall meet, referred to as the ‘Packaging Forum’. This expert group shall contribute in particular to preparing the delegated and implementing acts provided for in this Regulation to develop and further detail the sustainability requirements and examining the effectiveness of the established market surveillance mechanisms.
Amendment 1622 #
Proposal for a regulation
Article 13 – paragraph 9 a (new)
Article 13 – paragraph 9 a (new)
9a. Micro-companies, as defined in Article 22(3), are exempt from the obligations of this Article.
Amendment 1646 #
Proposal for a regulation
Article 17 – paragraph 2 a (new)
Article 17 – paragraph 2 a (new)
2a. Micro-companies as defined in Art. 22(3), are exempt from the obligations of this paragraph.
Amendment 1690 #
Proposal for a regulation
Article 21 – paragraph 3 a (new)
Article 21 – paragraph 3 a (new)
3a. Economic operators using reusable packaging at the time this regulation enters into force shall be exempted from the obligation laid down in paragraph 1.
Amendment 1708 #
Proposal for a regulation
Article 22 – paragraph 1
Article 22 – paragraph 1
1. EAs of January 2030, economic operators shall not place on the market packaging in the formats and for the purposes listed in Annex V.
Amendment 1717 #
Proposal for a regulation
Article 22 – paragraph 2
Article 22 – paragraph 2
Amendment 1727 #
Proposal for a regulation
Article 22 – paragraph 3
Article 22 – paragraph 3
Amendment 1742 #
Proposal for a regulation
Article 22 – paragraph 4
Article 22 – paragraph 4
Amendment 1792 #
Proposal for a regulation
Article 26 – paragraph 1
Article 26 – paragraph 1
1. From 1 January 2030, economic operators making large household appliances listed in point 21 of Annex II to Directive 2012/19/EU available on the market for the first time within the territory of a Member State shall ensure that 90 % of those products are made available in reusable transport packaging, excluding cardboard, within a system for re-use.
Amendment 1808 #
Proposal for a regulation
Article 26 – paragraph 2
Article 26 – paragraph 2
Amendment 1836 #
Proposal for a regulation
Article 26 – paragraph 3
Article 26 – paragraph 3
Amendment 1863 #
Proposal for a regulation
Article 26 – paragraph 4
Article 26 – paragraph 4
Amendment 1893 #
Proposal for a regulation
Article 26 – paragraph 5
Article 26 – paragraph 5
Amendment 1912 #
Proposal for a regulation
Article 26 – paragraph 6
Article 26 – paragraph 6
Amendment 1951 #
Proposal for a regulation
Article 26 – paragraph 7 – point b
Article 26 – paragraph 7 – point b
Amendment 1967 #
Proposal for a regulation
Article 26 – paragraph 8 – point b
Article 26 – paragraph 8 – point b
Amendment 1994 #
Proposal for a regulation
Article 26 – paragraph 9 – point b
Article 26 – paragraph 9 – point b
Amendment 2010 #
Proposal for a regulation
Article 26 – paragraph 10 – introductory part
Article 26 – paragraph 10 – introductory part
10. Economic operators using grouped packaging in the form of boxes, excluding cardboard, used outside of sales packaging to group a certain number of products to create a stock-keeping or distribution unit shall ensure that:
Amendment 2021 #
Proposal for a regulation
Article 26 – paragraph 10 – point b
Article 26 – paragraph 10 – point b
Amendment 2052 #
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, including flexible formats and excluding cardboard.
Amendment 2077 #
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, including flexible formats and excluding cardboard.
Amendment 2135 #
Proposal for a regulation
Article 26 – paragraph 16 – point a
Article 26 – paragraph 16 – point a
Amendment 2144 #
Proposal for a regulation
Article 26 – paragraph 16 – point c
Article 26 – paragraph 16 – point c
Amendment 2269 #
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-companies, as defined in Article 22(3), are exempt from the obligations of this paragraph. 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 2717 #
Proposal for a regulation
Annex V – row 2
Annex V – row 2
Amendment 2725 #
Amendment 2729 #
Proposal for a regulation
Annex V – row 4
Annex V – row 4