BETA

57 Amendments of Markus FERBER related to 2022/0396(COD)

Amendment 345 #
Proposal for a regulation
Recital 30
(30) There should be an incentive for economic operators to increase the recycled content in the plastic part of packaging. The most appropriate means to achieve this is to ensure the modulation of extended producer responsibility fees based on the percentage of recycled content in packaging. The fee modulation should be based on common rules for the calculation and verification of the recycled content contained in such packaging.deleted
2023/05/12
Committee: ENVI
Amendment 355 #
Proposal for a regulation
Recital 33
(33) In order to take into account the risks related to a possible insufficient supply of a specific plastic waste for recycling that might lead to excessive prices or adverse effects on health, safety and the environment, the power to adopt acts in accordance with Article 290 of the Treaty should be delegated to the Commission in respect of temporarily amending the targets for mandatory recycled content in plastic packaging. In evaluating the justification of such a delegated act, the Commission should assess well-reasoned requests from natural and legal persons.deleted
2023/05/12
Committee: ENVI
Amendment 402 #
Proposal for a regulation
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.
2023/05/12
Committee: ENVI
Amendment 445 #
Proposal for a regulation
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.
2023/05/12
Committee: ENVI
Amendment 463 #
Proposal for a regulation
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.
2023/05/12
Committee: ENVI
Amendment 475 #
Proposal for a regulation
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.
2023/05/12
Committee: ENVI
Amendment 489 #
Proposal for a regulation
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.
2023/05/12
Committee: ENVI
Amendment 546 #
Proposal for a regulation
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.
2023/05/12
Committee: ENVI
Amendment 677 #
Proposal for a regulation
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.
2023/05/12
Committee: ENVI
Amendment 790 #
Proposal for a regulation
Article 4 – paragraph 4
4. In case Member States choose to maintain or introduce national sustainability requirements or information requirements additional to those laid down in this Regulation, those requirements shall not conflict with those laid down in this Regulation and the Member States shall not prohibit, restrict or impede the placing on the market of packaging that complies with the requirements under this Regulation for reasons of non-compliance with those national requirements.deleted
2023/05/12
Committee: ENVI
Amendment 798 #
Proposal for a regulation
Article 4 – paragraph 5
5. In addition to the labelling requirements laid down in Article 11, Member States may provide for further labelling requirements, for the purpose of identifying the extended producer responsibility scheme or a deposit and return system other than those referred to in Article 44(1).deleted
2023/05/12
Committee: ENVI
Amendment 860 #
Proposal for a regulation
Article 6 – paragraph 1
1. All packaging shall be recyclable in accordance with paragraph 2 of this article.
2023/05/12
Committee: ENVI
Amendment 909 #
Proposal for a regulation
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.
2023/05/12
Committee: ENVI
Amendment 947 #
Proposal for a regulation
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.
2023/05/12
Committee: ENVI
Amendment 966 #
Proposal for a regulation
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.
2023/05/12
Committee: ENVI
Amendment 1000 #
Proposal for a regulation
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:
2023/05/12
Committee: ENVI
Amendment 1079 #
Proposal for a regulation
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).
2023/05/12
Committee: ENVI
Amendment 1095 #
Proposal for a regulation
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.
2023/05/12
Committee: ENVI
Amendment 1137 #
Proposal for a regulation
Article 7 – paragraph 1 – point d
(d) 35 % for plastic packaging other than those referred to in points (a), (b) and (c).
2023/05/12
Committee: ENVI
Amendment 1154 #
Proposal for a regulation
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.
2023/05/12
Committee: ENVI
Amendment 1177 #
Proposal for a regulation
Article 7 – paragraph 2 – point a
(a) 50 % for contact sensitive plastic packaging, except single use plastic beverage bottles;deleted
2023/05/12
Committee: ENVI
Amendment 1319 #
Proposal for a regulation
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 adopt 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.deleted
2023/05/12
Committee: ENVI
Amendment 1355 #
Proposal for a regulation
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.
2023/05/12
Committee: ENVI
Amendment 1374 #
Proposal for a regulation
Article 8 – paragraph 3
3. By [OP: Please insert the date = 24 months from the date of entry into force of this Regulation], packaging other than that referred to in paragraphs 1 and 2, including packaging made of biodegradable plastic polymers, shall allow material recycling without affecting the recyclability of other waste streams.deleted
2023/05/12
Committee: ENVI
Amendment 1382 #
Proposal for a regulation
Article 8 – paragraph 5
5. The Commission shall be empowered to adopt delegated acts in accordance with Article 58 to amend paragraphs 1 and 2 of this Article by adding other types of packaging to the types of packaging covered by those paragraphs when it is justified and appropriate due to technological and regulatory developments impacting the disposal of compostable packaging and under the conditions set out in Annex III.
2023/05/12
Committee: ENVI
Amendment 1453 #
Proposal for a regulation
Article 9 – paragraph 4 – subparagraph 2 a (new)
Micro-companies as defined in Art. 22(3), are exempt from the obligations of this paragraph.
2023/05/12
Committee: ENVI
Amendment 1493 #
Proposal for a regulation
Article 10 – paragraph 2 a (new)
2a. Micro-companies as defined in Article 22(3), are exempt from the obligations of this paragraph.
2023/05/12
Committee: ENVI
Amendment 1520 #
Proposal for a regulation
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.
2023/05/12
Committee: ENVI
Amendment 1549 #
Proposal for a regulation
Article 11 – paragraph 4 – subparagraph 1 a (new)
Micro-companies as defined in Article 22(3), are exempt from the obligations of this paragraph.
2023/05/12
Committee: ENVI
Amendment 1583 #
Proposal for a regulation
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.
2023/05/12
Committee: ENVI
Amendment 1595 #
Proposal for a regulation
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.
2023/05/12
Committee: ENVI
Amendment 1622 #
Proposal for a regulation
Article 13 – paragraph 9 a (new)
9a. Micro-companies, as defined in Article 22(3), are exempt from the obligations of this Article.
2023/05/12
Committee: ENVI
Amendment 1646 #
Proposal for a regulation
Article 17 – paragraph 2 a (new)
2a. Micro-companies as defined in Art. 22(3), are exempt from the obligations of this paragraph.
2023/05/12
Committee: ENVI
Amendment 1690 #
Proposal for a regulation
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.
2023/05/12
Committee: ENVI
Amendment 1708 #
Proposal for a regulation
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.
2023/05/12
Committee: ENVI
Amendment 1717 #
Proposal for a regulation
Article 22 – paragraph 2
2. By way of derogation from paragraph 1, economic operators shall not place on the market packaging in the formats and for the purposes listed in point 3 of Annex V as of 1 January 2030.deleted
2023/05/12
Committee: ENVI
Amendment 1727 #
Proposal for a regulation
Article 22 – paragraph 3
3. Member States may exempt economic operators from point 3 of Annex V if they comply with the definition of micro-company in accordance with rules set out in the Commission Recommendation 2003/361, as applicable on [OP: Please insert the date = the date of entry into force of this Regulation], and where it is not technically feasible not to use packaging or to obtain access to infrastructure that is necessary for the functioning of a reuse system.deleted
2023/05/12
Committee: ENVI
Amendment 1742 #
Proposal for a regulation
Article 22 – paragraph 4
4. The Commission shall be empowered to adopt delegated acts in accordance with Article 58 to amend Annex V in order to adapt it to technical and scientific progress with the objective to reducing packaging waste. When adopting those delegated acts, the Commission shall consider the potential of the restrictions on the use of specific packaging formats to reduce the packaging waste generated while ensuring an overall positive environmental impact, and shall take into account the availability of alternative packaging solutions that meet requirements set out in legislation applicable to contact sensitive packaging, as well as their capability to prevent microbiological contamination of the packaged product.
2023/05/12
Committee: ENVI
Amendment 1792 #
Proposal for a regulation
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.
2023/05/12
Committee: ENVI
Amendment 1808 #
Proposal for a regulation
Article 26 – paragraph 2
2. The final distributor making available on the market within the territory of a Member State in sales packaging cold or hot beverages filled into a container at the point of sale for take-away shall ensure that: (a) from 1 January 2030, 20 % of those beverages are made available in reusable packaging within a system for re-use or by enabling refill; (b) from 1 January 2040, 80 % of those beverages are made available in reusable packaging within a system for re-use or by enabling refill.deleted
2023/05/12
Committee: ENVI
Amendment 1836 #
Proposal for a regulation
Article 26 – paragraph 3
3. A final distributor that is conducting its business activity in the HORECA sector and that is making available on the market within the territory of a Member State in sales packaging take-away ready-prepared food, intended for immediate consumption without the need of any further preparation, and typically consumed from the receptacle, shall ensure that: (a) from 1 January 2030, 10 % of those products are made available in reusable packaging within a system for re-use or by enabling refill; (b) from 1 January 2040, 40 % of those products are made available in reusable packaging within a system for re-use or by enabling refill.deleted
2023/05/12
Committee: ENVI
Amendment 1863 #
Proposal for a regulation
Article 26 – paragraph 4
4. The manufacturer and the final distributor making available on the market within the territory of a Member State in sales packaging alcoholic beverages in the form of beer, carbonated alcoholic beverages, fermented beverages other than wine, aromatised wine products and fruit wine, products based on spirit drinks, wine or other fermented beverages mixed with beverages, soda, cider or juice, shall ensure that: (a) from 1 January 2030, 10 % of those products are made available in reusable packaging within a system for re-use or by enabling refill; (b) from 1 January 2040, 25 % of those products are made available in reusable packaging within a system for re-use or by enabling refill.deleted
2023/05/12
Committee: ENVI
Amendment 1893 #
Proposal for a regulation
Article 26 – paragraph 5
5. The manufacturer and the final distributor making available on the market within the territory of a Member State in sales packaging alcoholic beverages in the form of wine, with the exception of sparkling wine, shall ensure that: (a) from 1 January 2030, 5 % of those products are made available in reusable packaging within a system for re-use or by enabling refill; (b) from 1 January 2040, 15 % of those products are made available in reusable packaging within a system for re-use or by enabling refill.deleted
2023/05/12
Committee: ENVI
Amendment 1912 #
Proposal for a regulation
Article 26 – paragraph 6
6. The manufacturer and the final distributor making available on the market within the territory of a Member State in sales packaging non-alcoholic beverages in the form of water, water with added sugar, water with other sweetening matter, flavoured water, soft drinks, soda lemonade, iced tea and similar beverages which are immediately ready to drink, pure juice, juice or must of fruits or vegetables and smoothies without milk and non-alcoholic beverages containing milk fat, shall ensure that: (a) from 1 January 2030, 10 % of those products are made available in reusable packaging within a system for re-use or by enabling refill; (b) from 1 January 2040, 25 % of those products are made available in reusable packaging within a system for re-use or by enabling refill.deleted
2023/05/12
Committee: ENVI
Amendment 1951 #
Proposal for a regulation
Article 26 – paragraph 7 – point b
(b) from 1 January 2040, 90 % of such packaging used is reusable packaging within a system for re-use.deleted
2023/05/12
Committee: ENVI
Amendment 1967 #
Proposal for a regulation
Article 26 – paragraph 8 – point b
(b) from 1 January 2040, 50 % of such packaging used is reusable packaging within a system for re-use;deleted
2023/05/12
Committee: ENVI
Amendment 1994 #
Proposal for a regulation
Article 26 – paragraph 9 – point b
(b) from 1 January 2040, 30 % of such packaging used for transport is reusable packaging within a system for re-use;deleted
2023/05/12
Committee: ENVI
Amendment 2010 #
Proposal for a regulation
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:
2023/05/26
Committee: ENVI
Amendment 2021 #
Proposal for a regulation
Article 26 – paragraph 10 – point b
(b) from 1 January 2040, 25 % of such packaging they used is reusable packaging within a system for re-use.deleted
2023/05/26
Committee: ENVI
Amendment 2052 #
Proposal for a regulation
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.
2023/05/26
Committee: ENVI
Amendment 2077 #
Proposal for a regulation
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.
2023/05/26
Committee: ENVI
Amendment 2135 #
Proposal for a regulation
Article 26 – paragraph 16 – point a
(a) targets for other products than those covered by paragraphs 1 to 6 of this Article and other packaging formats than those in paragraphs 7 to 10, based on the positive experiences with measures taken by Member States under Article 45(2),deleted
2023/05/26
Committee: ENVI
Amendment 2144 #
Proposal for a regulation
Article 26 – paragraph 16 – point c
(c) exemptions for specific packaging formats covered by the targets laid down in paragraphs 2 to 6 of this Article in case of hygiene, food safety or environmental issues preventing the achievement of those targets.deleted
2023/05/26
Committee: ENVI
Amendment 2269 #
Proposal for a regulation
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.
2023/05/26
Committee: ENVI
Amendment 2717 #
Proposal for a regulation
Annex V – row 2
Single use Nets, bags, Single use packaging for less than 1.5 kg 2. plastic trays, fresh fruit and vegetables, unless there is a packaging, containers demonstrated need to avoid water loss or single use composite turgidity loss, microbiological hazards or packaging or physical shocks. other single use packaging for fresh fruit and vegetables Deleted
2023/05/15
Committee: ENVI
Amendment 2725 #
Single use packaging for foods and Trays, beverages filled and consumed within the disposable Single use premises in the HORECA sector which plates and plastic, single include all eating area inside and outside cups, bags, use composite a place of business, covered with tables foil, boxes 3. andstools, standing areas, and eating packaging or other single areas offered to the end users jointly by use packaging several economic operators or third party for the purpose of food and drinks consumption Deleted
2023/05/15
Committee: ENVI
Amendment 2729 #
Proposal for a regulation
Annex V – row 4
Single use Sachets, tubs, packaging for Single use packaging in the HORECA trays, boxes condiments, sector, containing individual portions or preserves, servings, used for condiments, preserves, sauces, coffee sauces, coffee creamer, sugar and 4. creamer, seasoning, except such packaging sugar, and provided together with take-away ready- seasoning in prepared food intended for immediate HORECA consumption without the need of any sector further preparation Deleted
2023/05/15
Committee: ENVI