Activities of Pär HOLMGREN related to 2022/0396(COD)
Shadow opinions (1)
OPINION on the proposal for a regulation of the European Parliament and of the Council on packaging and packaging waste, amending Regulation (EU) 2019/1020 and Directive (EU) 2019/904, and repealing Directive 94/62/EC
Amendments (47)
Amendment 99 #
Proposal for a regulation
Recital 8 a (new)
Recital 8 a (new)
(8a) In its Resolution of 15 September 2022 on the consequences of drought, fire, and other extreme weather phenomena: increasing the EU’s efforts to fight climate change the European Parliament stressed that climate change is seriously impeding productivity and food security; the impact assessment of this proposal demonstrated that it will reduce GHG emissions by 1.25 million tonnes by 2030.
Amendment 100 #
Proposal for a regulation
Recital 8 b (new)
Recital 8 b (new)
Amendment 109 #
Proposal for a regulation
Recital 13
Recital 13
(13) Packaging should be designed, manufactured and commercialised in such a way as to allow for its re-use or high- quality recycling, and to minimise its impact on the environment during its entire life-cycle and the life cycle of products, for which it was designed. The Commission shall investigate evidence brought to justify deviations from the waste hierarchy outlined in Article 4 of Directive 2008/98/EC.
Amendment 119 #
Proposal for a regulation
Recital 20
Recital 20
(20) Designing packaging with the objective of its recycling, once it becomes packaging waste, is one the most efficient measures to improve the packaging circularity and raise packaging recycling rates and the use of recycled content in packaging. A high standard of quality and the protection of intellectual property of the packaging design including for Geographical Indications must also be taken into consideration, without compromising the overall ambition and objectives of this Regulation. Packaging design for recycling criteria have been established for a number of packaging formats under voluntary industry schemes or by some Member States for the purpose of the modulation of extended producer responsibility fees. In order to prevent barriers to the internal market and provide industry with a level playing field, and with the objective to promote the sustainability of packaging, it is important to set mandatory requirements regarding the recyclability of packaging, by harmonising the criteria and the methodology for assessing packaging recyclability based on a design for recycling methodology at the Union level. In order to meet the objective set out in the CEAP that, by 2030, all packaging should be recyclable or reusable, in an economically viable manner, packaging recyclability performance grades should be established based on design for recycling criteria for packaging categories as listed in Annex II. However, packaging should comply with them only as of 1 January 2030 in order to give sufficient time to the economic operators to adapt.
Amendment 124 #
Proposal for a regulation
Recital 22
Recital 22
(22) In order to establish harmonised rules on packaging design to ensure its recyclability, the power to adopt delegated acts should be delegated to the 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. 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 20350. 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. as laid down in the circular Economy Action Plan (COM/2020/98).
Amendment 126 #
Proposal for a regulation
Recital 23
Recital 23
(23) In order to stimulate innovation in packaging, it is appropriate to allow that packaging, which presents innovative features resulting in significant improvement in the core function of packaging and has demonstrable environmental benefits, is given limited additional time of fivthree years to comply with the recyclability requirements. The innovative features should be explained in the technical documentation accompanying the packaging.
Amendment 132 #
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. It is important this is calculated per unit, otherwise the ambition of the proposal is lost and it will not incentivise increased re-use across all types of packaged products in the EU market.
Amendment 147 #
Proposal for a regulation
Recital 40
Recital 40
(40) Packaging should be designed so as to minimise its volume and weight while maintaining its ability to perform the packaging functions. The manufacturer of packaging should assess the packaging against the performance criteria, as listed in Annex IV of this Regulation. In view of the objective of this Regulation to reduce packaging and packaging waste generation and to improve circularity of packaging across the internal market, it is appropriate to further specify the existing criteria and to make them more stringent. The list of the packaging performance criteria, as listed in the existing harmonised standard EN 13428:200057, should therefore be modified. While marketing and consumer acceptance remain relevant for packaging design, they should not be part of performance criteria justifying on their own additional packaging weight and volume. However, this should not compromise product specifications for craft and industrial products and food and agricultural products that are registered and protected under the EU geographical indication protection scheme, as part of the Union’s objective to protect cultural heritage and traditional know-how. On the other hand, recyclability, the use of recycled content, and re-use may justify additional packaging weight or volume, and should be added to the performance criteria. Packaging with double walls, false bottoms and other characteristics only aimed to increase the perceived product volume should not be placed on the market, as it does not meet the requirement for packaging minimisation. The same rule should apply to superfluous packaging not necessary for ensuring packaging functionality. Intellectual property rights linked to anything except the packaging itself should not be considered as a general exemption to this regulation. To this effect, all exemptions must be notified to the Commission with an accompanying justification. GIs can still choose to substitute more sustainable or recyclable materials in their packaging design or production that are in line with the objectives of this regulation. _________________ 57 Packaging – Requirements specific to manufacturing and composition – Prevention by source reduction.
Amendment 153 #
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. 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. The Commission should evaluate capacities and trajectories of urban and industrial waste water re-use in light of the need to balance ambitious and much needed targets for reduced resource consumption, targets for waste reduction, GHG emissions, and prioritisation of water use.
Amendment 170 #
Proposal for a regulation
Recital 67
Recital 67
(67) In order to reduce the increasing proportion of packaging that is single use and the growing amounts of packaging waste generated, it is necessary to establish quantitative re-use and refill targets on packaging in sectors, which have been assessed as having the greatest potential for packaging waste reduction, namely food and beverages for take-away, large-white goods and transport packaging. This was appraised based on factors such as existing systems for re-use, necessity of using packaging and the possibility of fulfilling the functional requirements in terms of containment, tidiness, health, hygiene and safety. Differences of the products and their production and distribution systems, were also taken into account. The setting of the targets is expected to support the innovation and increase the proportion of re-use and refill solutions. TIn order to ensure a high level of environmental protection in the internal market as well as a high level of food safety and hygiene, and facilitate the achievement of the packaging waste prevention targets, unnecessary or avoidable packaging should not be allowed to be placed on the market. The list of such packaging formats is provided in Annex V of this Regulation. In order to adapt the list to the technical and scientific progress the power to adopt acts in accordance with Article 290 of the Treaty should be delegated to the Commission to amend the list. Therefore the use of single use packaging for food and beverages filled and consumed within the premises in the HORECA sector should not be allowed, as on-site consumption allows for considerable resource optimisation and economies of scale.
Amendment 176 #
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. Any exceptions requested pursuant to Article 4(2) of Directive 2008/98/EC, must be justified with life cycle assessments submitted to the Commission for approval, including methodology and scope in order to judge the accuracy and representativeness of the analysis.
Amendment 182 #
Proposal for a regulation
Recital 84
Recital 84
(84) Waste management in the Union should be improved, with a view to protecting, preserving and improving the quality of the environment, protecting human health, ensuring prudent efficient and rational utilisation of natural resources, promoting the principles of the circular economy, enhancing the use of renewable energy, increasing energy efficiency, reducing the dependence of the Union on imported resources, contributing to food security and efficiency in use and re-use of finite and increasingly limited resources in the EU especially water, providing new economic opportunities and contributing to long-term competitiveness. The more efficient use of resources would also bring substantial net savings for Union businesses, public authorities and consumers, while reducing total annual greenhouse gas emissions.
Amendment 190 #
Proposal for a regulation
Recital 104
Recital 104
(104) Given the nature of the products and the differences in their production and distribution systems, deposit and return systems should however not be obligatory for packaging for wine, aromatised wine products, spirit drinks and milk and milk products listed in Part XVI of Annex I of the Regulation (EU) No 1308/2013 of the European Parliament and of the Council67. Member States may establish deposit and return systems covering also otherthe product packaging listed above and also for other types of packaging. _________________ 67 Regulation (EU) No 1308/2013 of the European Parliament and of the Council of 17 December 2013 establishing a common organisation of the markets in agricultural products and repealing Council Regulations (EEC) No 922/72, (EEC) No 234/79, (EC) No 1037/2001 and (EC) No 1234/2007 (OJ L 347, 20.12.2013, p. 671).
Amendment 193 #
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. 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. Any exceptions must be justified with life cycle assessments submitted to the Commission for approval, including methodology and scope in order to judge the accuracy and representativeness of the analysis.
Amendment 205 #
Proposal for a regulation
Article 3 – paragraph 1 – point 21 a (new)
Article 3 – paragraph 1 – point 21 a (new)
(21a) 'recycling’ is defined under Article 3(17) of the waste framework directive 2008/98/EC;
Amendment 226 #
Proposal for a regulation
Article 3 – paragraph 1 – point 41
Article 3 – paragraph 1 – point 41
(41) ‘compostable packaging’ means packaging capable of undergoing physical, chemical, thermal or biological decomposition such that mostall of the finished compostpackaging material ultimately decomposes into carbon dioxide, mineral salts, biomass and water, according to Article 47(4), and does not hinder the separate collection and the composting process or the anaerobic digestion activity into which it is introduced in industrially controlled conditions;
Amendment 229 #
Proposal for a regulation
Article 3 – paragraph 1 – point 56 a (new)
Article 3 – paragraph 1 – point 56 a (new)
(56a) ‘shelf-life’ means either the period corresponding to the minimum durability date until which the foodstuff retains its specific properties when properly stored;
Amendment 248 #
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 point (-e) shall apply from 1 January 20350.
Amendment 251 #
Proposal for a regulation
Article 6 – paragraph 3
Article 6 – paragraph 3
3. Recyclable packaging shall, from 1 January 2030, comply with the design for recycling criteria as laid down in the delegated acts adopted pursuant to paragraph 4 and, from 1 January 2035, also 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 265 #
Proposal for a regulation
Article 6 – paragraph 9 – subparagraph 1
Article 6 – paragraph 9 – subparagraph 1
From 1 January 2030, and by way of derogation from paragraphs 2 and 3, innovative packaging may be placed on the market for a maximum period of 53 years after the end of the calendar year when it has been placed on the market.
Amendment 268 #
Proposal for a regulation
Article 6 – paragraph 10 – introductory part
Article 6 – paragraph 10 – introductory part
10. UThere shall be a transition period until 31 December 2034, whereby this Article shall not apply to the following:
Amendment 275 #
Proposal for a regulation
Article 7 – paragraph 1 – introductory part
Article 7 – paragraph 1 – introductory part
1. From 1 January 2030, the plastic part in packaging shall contain the following minimum percentage of recycled content recovered from post-consumer plastic waste, to be calculated per unit of packaging:
Amendment 284 #
Proposal for a regulation
Article 7 – paragraph 1 – point b
Article 7 – paragraph 1 – point b
(b) 10 % for contact sensitive packaging made from plastic materials other than PET, except single use plastic beverage bottles, including where made of plastic with paper or other materials, or made entirely of plastic;
Amendment 290 #
Proposal for a regulation
Article 7 – paragraph 1 – subparagraph 1 (new)
Article 7 – paragraph 1 – subparagraph 1 (new)
The targets shall be calculated per unit of plastic packaging placed on the Union market.
Amendment 291 #
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 contain35, the following minimum percentage of recycled content recovered from post-consumer plastic waste, per unit of packaging: , shall apply for the plastic part, per unit, in packaging, including where made of plastic with paper or other materials, or made entirely of plastic:
Amendment 316 #
Proposal for a regulation
Article 7 – paragraph 7
Article 7 – paragraph 7
7. By 31 December 2026, the Commission is empowered to adopt implementing acts establishing the methodology for the calculation and verification of the percentage of recycled content per unit of plastic packaging 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 322 #
Proposal for a regulation
Article 7 – paragraph 9 – subparagraph 2 – introductory part
Article 7 – paragraph 9 – subparagraph 2 – introductory part
Based on thits assessment, the Commission is empowered to adopt delegated acts in accordance with Article 58 to amend this 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 granted by the Commission justified with evidence and scientifically and statistically representative assessments following all stages of the life cycle, from the scope, timing or level of minimum percentage laid down in paragraph 1, points b and d, for specific plastic packaging, and, as appropriate,
Amendment 336 #
Proposal for a regulation
Article 8 – paragraph 1
Article 8 – paragraph 1
1. By [OP: please insert the date = 124 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 337 #
Proposal for a regulation
Article 8 – paragraph 1 a (new)
Article 8 – paragraph 1 a (new)
1a. So that the organic waste management stream is not impacted negatively, and to maintain the quality of compost according to standard EN 13432:2000 and to avoid contamination risks, the Commission shall, no later than 31 May 2026, request the European standardisation organisations to update the standard EN 13432:2000.
Amendment 345 #
Proposal for a regulation
Article 9 – paragraph 1
Article 9 – paragraph 1
1. Packaging shall be designed so that it is fully recyclable at the end of life and so that its weight and volume is reduced to the minimum necessary for ensuring its functionality taking account of the material that the packaging is made of.
Amendment 348 #
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 protected under Union legislation. Protected products shall strive to optimise their packaging design in line with the conformity assessment procedure provided in this regulation and the performance criteria as listed in Annex IV.
Amendment 356 #
Proposal for a regulation
Article 9 – paragraph 4 – subparagraph 1 – point b
Article 9 – paragraph 4 – subparagraph 1 – point b
(b) the identification of thepurely design requirements which prevent further reduction of the packaging weight or volume, for each of these performance criteria;
Amendment 449 #
Proposal for a regulation
Article 26 – paragraph 4 a (new)
Article 26 – paragraph 4 a (new)
4a. Paragraphs 2, 3 and 4 shall apply to economic operators identified in paragraph 3 of Article 22, notwithstanding exemptions and flexibilities outlined in article 26(14).
Amendment 458 #
Proposal for a regulation
Article 26 – paragraph 5 – introductory part
Article 26 – paragraph 5 – introductory part
5. The manufacturer and the final distributor making available on the market within the territory of a Member State inof sales packaging of alcoholic beverages in the form of wine, with the exception of sparkling wine, shall ensure that:
Amendment 459 #
Proposal for a regulation
Article 26 – paragraph 5 – point a
Article 26 – paragraph 5 – point a
(a) from 1 January 2030, 510 % of those products are made available in reusable packaging within a system for re-use or by enabling refill;
Amendment 460 #
Proposal for a regulation
Article 26 – paragraph 5 – point b
Article 26 – paragraph 5 – point b
(b) from 1 January 2040, 1520 % of those products are made available in reusable packaging within a system for re-use or by enabling refill.
Amendment 469 #
Proposal for a regulation
Article 26 – paragraph 6 – introductory part
Article 26 – paragraph 6 – introductory part
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, soft drinks, soda lemonade, iced tea and similar beverages which are immediately ready to drink, shall ensure that:
Amendment 482 #
Proposal for a regulation
Article 26 – paragraph 7 – subparagraph 1 (new)
Article 26 – paragraph 7 – subparagraph 1 (new)
This obligation shall apply to food businesses as defined in Article 3, point (2), of Regulation (EC) No 178/2002.
Amendment 558 #
Proposal for a regulation
Article 43 – paragraph 1
Article 43 – paragraph 1
1. Member States shall ensure that systems are set up to provide for the return and separate collection of all packaging waste from the end users in order to ensure that it is treated in accordance with Articles 4 and 13 of Directive 2008/98/EC, and to facilitate its preparation for re-use and high quality recycling. Incineration and landfill of packaging, complying with design for recycling criteria, shall be prohibited.
Amendment 561 #
Proposal for a regulation
Article 43 – paragraph 2
Article 43 – paragraph 2
2. Member States may allow derogations from paragraph 1 provided that collecting packaging or fractions of packaging waste together or together with other waste does not affect the potential of such packaging or fractions of packaging waste to undergo preparing for re-use, recycling or other recovery operations in accordance with Articles 4 and 13 of Directive 2008/98/EC and generates output from those operations which is of comparable quality to that achieved through separate collection. Member States shall notify the Commission of any derogation from paragraph 1 and provide evidence to justify the derogation.
Amendment 582 #
Proposal for a regulation
Article 45 – paragraph 1
Article 45 – paragraph 1
1. Member States shall take measures to encourage the set-up of systems for re- use of packaging and systems for refill in an environmentally sound manner. Those systems shall comply with the requirements laid down in Articles 24 and 25 and Annex VI of this Regulation and shall not compromise food hygiene or the safety of consumers. Incineration and landfill of packaging, complying with design for recycling criteria, shall be prohibited.
Amendment 583 #
Proposal for a regulation
Article 47 – paragraph 8
Article 47 – paragraph 8
8. The amount of biodegradable and fully compostable packaging waste that enters aerobic or anaerobic treatment may be counted as recycled where that treatment generates compost, digestate, or other output with a similar quantity of recycled content in relation to input, which is to be used as a recycled product, material or substance. Where the output is used on land, Member States may count it as recycled only if this use results in benefits to agriculture or ecological improvement.
Amendment 586 #
Proposal for a regulation
Article 57 – paragraph 3 – subparagraph 1 – point c a (new)
Article 57 – paragraph 3 – subparagraph 1 – point c a (new)
(ca) alignment with the waste hierarchy as defined in the waste framework directive
Amendment 608 #
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 packaginged product and packaged producting can comply with the applicable legislation.
Amendment 643 #
Single use Nets, bags, plastic trays, packaging, containers Single use packaging for less than 1.5 kg fresh single use fresh fruit and vegetables, unless there is a composite 2. demonstrated need to avoid water loss or packaging or turgidity loss, microbiological hazards or other single physical shocks. use packaging for fresh fruit and vegetables
Amendment 646 #
Proposal for a regulation
Annex V – table 1 – row 3
Annex V – table 1 – row 3
Single use packaging for foods and consumed Trays, and beverages filled and consumed within the disposable Single use the premises in the HORECA sector, which plates and plastic, single include all eating area inside and outside a cups, bags, use composite 3. place of business, covered with tables and foil, boxes packaging or stools, standing areas, and eating areas other single offered to the end users jointly by several use packaging economic operators or third party for the purpose of food and drinks consumption