Activities of Delara BURKHARDT related to 2022/0396(COD)
Plenary speeches (1)
Packaging and packaging waste (debate)
Shadow reports (1)
REPORT 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 (242)
Amendment 210 #
Proposal for a regulation
Citation 1
Citation 1
Having regard to the Treaty on the Functioning of the European Union, and in particular Article 114 thereof, and Article 192(1) thereof in relation to Chapter VII of this Regulation,
Amendment 218 #
Proposal for a regulation
Recital 2 a (new)
Recital 2 a (new)
(2a) This Regulation offers job- creation potential in the low-carbon packaging industry. Member States should ensure that the implementation of this Regulation ensures quality job- creation, the strengthening of collective bargaining, gender equality, life-long learning, vocational training and social protection measures. Member States should ensure that any restructuring operation is only considered as last resort and after having considered all possible alternative solutions involving social partners, and integrated into a long-term strategy that aims to ensure and strengthen the long-term sustainability of the businesses through the anticipation of change, the involvement of social partners and the forward planning of employment and skills needs.
Amendment 225 #
Proposal for a regulation
Recital 6 a (new)
Recital 6 a (new)
(6a) A simple substitution of plastic and other materials by paper and cardboard should be avoided, as the carbon footprint, deforestation and biodiversity, energy, and water usage impacts of pulp and paper production are considerable. To reduce the environmental impacts of fibre-based packaging, sustainability criteria should be set for the use of biomass for packaging production. As the Waste Hierarchy indicates, reduced use and reusability should be prioritised.
Amendment 255 #
Proposal for a regulation
Recital 12
Recital 12
(12) In line with the waste hierarchy set out in Article 4(2) of Directive 2008/98/EC, and in line with life-cycle thinking to deliver the best overall environmental outcome, the measures provided for under this Regulation aim at reducing the amount of packaging placed on the market in terms of its volume and weight, and preventing the generation of packaging waste, especially through packaging minimisation, avoiding packaging where it is not needed, and increased re-use of packaging. In addition, the measures aim at increasing the use of recycled content in packaging, especially in plastic packaging where the uptake of recycled content is very low, as well as higher recycling rates for all packaging and high quality of the resulting secondary raw materials while reducing other forms of recovery and phasing-out final disposal.
Amendment 285 #
Proposal for a regulation
Recital 19
Recital 19
(19) This Regulation should not enable the restriction of the use of substances based on reasons of chemical safety, or for reasons related to food safety, with the exception of the restrictions on lead, cadmium, mercury and hexavalent chromium that were already established on the basis of Directive 94/62/EC and should continue to be addressed under this Regulation, given that such restrictions are addressed under other Union legislation. It should, however.. It should also allow for the restriction, primarily for reasons other than chemical or food safety, of substances present in packaging and packaging components or used in their manufacturing processes, which negatively affect the sustainability of packaging, in particular as regards its circularity, especially re-use or recycling.
Amendment 309 #
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 existing state of the art processes for separate collection, sorting and recycling.
Amendment 312 #
Proposal for a regulation
Recital 23
Recital 23
(23) In order to stimulate innovation in packaging, it is appropriate to allow thatRecyclability should be at the core of all new 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 five years to comply with the recyclability requirements. The innovative features should be explained in the technical documentation accompanying the packaging.
Amendment 323 #
Proposal for a regulation
Recital 25
Recital 25
(25) Some Member States are taking action to encourage recyclability of packaging through modulation of extended producer responsibility fees; such initiatives taken at the national level may create regulatory uncertainty for the economic operators, in particular where they supply packaging in several Member States and the extended producer responsibility fees should therefore be made transparent and easily accessible online . At the same time, modulation of extended producer responsibility fees is an effective economic instrument to incentivise more sustainable packaging design leading to better recyclable packaging while improving the functioning of the internal market. It is therefore necessary to harmonise criteria for the modulation of extended producer responsibility fees based on the recyclability performance grade obtained through recyclability assessment, while not setting the actual amounts of such fees. As the criteria should be related to the criteria on packaging recyclability, it is appropriate to empower the Commission to adopt such harmonised criteria at the same time as establishing the detailed design for recycling criteria per packaging categories.
Amendment 326 #
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 obtained from the most resource-efficient and cost- efficient recycling technologies . 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-sensitivity54of different plastic packaging applications, and ensuring that the targets become binding by 2030. In order to incrementally ensure packaging circularity, increased targets should apply as of 2040, and by 2035 for materials used in contact-sensitive packaging for which no suitable recycling technology has been approved yet. In order to incrementally ensure packaging circularity, increased targets should apply as of 2040. Setting recycled content targets for other materials used for packaging should be considered with a view to avoiding unnecessary materials market shifts. _________________ 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 339 #
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 packagingckaging per packaging type and format, per manufacturing plant and year contains a certain minimum percentage of recycled content recovered from post- consumer plastic waste.
Amendment 349 #
Proposal for a regulation
Recital 31
Recital 31
(31) In order to ensure uniform conditions for the implementation of the rules on calculating and verifying, per unit of post- consumer plastic waste in the packaging, the share of recycled content recovered from type and format, per manufacturing plant and year, the share of recycled content obtained from the recovery of the post- consumer plastic waste present, and establishing the format for technical documentation, the Commission should be empowered to adopt implementing provisions, in accordance with Article 5 of Regulation (EU) No 182/2011 of the European Parliament and of the Council 55. _________________ 55 Regulation (EU) No 182/2011 of the European Parliament and of the Council of 16 February 2011 laying down the rules and general principles concerning mechanisms for control by Member States of the Commission’s exercise of implementing powers (OJ L 55, 28.2.2011, p. 13).
Amendment 354 #
Proposal for a regulation
Recital 32
Recital 32
(32) Regarding plastic packaging, except w made from othere made fromterials than polyethylene terephthalate (PET) for contact sensitive packaging, it will be warranted, sufficiently ahead of the date of application of the related recycled content requirements, to re-assess 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 and the technoglogy’s resource- and cost-effectiveness. 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 356 #
Proposal for a regulation
Recital 33
Recital 33
Amendment 390 #
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. _________________ 57 Packaging – Requirements specific to manufacturing and composition – Prevention by source reduction.
Amendment 396 #
Proposal for a regulation
Recital 41
Recital 41
(41) In order to comply with the packaging minimisation requirements, particular attention should be paid to limiting the empty space, grouped and transport packaging, including e-commerce packaging. The minimisation criteria for e-commerce packaging should also meet the performance criteria set out in Part I of Annex IV.
Amendment 406 #
Proposal for a regulation
Recital 44
Recital 44
(44) It is necessary to inform consumers and to enable them to appropriately dispose of packaging waste, including compostable lightweight and very lightweight plastic carrier bags. The most appropriate manner to do this is to establish a harmonised labelling system based on the material composition of packaging for sorting of waste, and to pair it with corresponding labels on waste receptacles. The need for such a harmonised labelling system to be recognized by all citizens irrespective of their circumstances should be a guiding factor in their design. This can be achieved through the use of pictograms with minimal language used. This would also serve to minimize the costs for translation of language otherwise required.
Amendment 422 #
Proposal for a regulation
Recital 51
Recital 51
(51) Economic operators should ensure that packaging complies with the requirements under this Regulation. They should take appropriate measures to ensure such compliance in relation to their respective roles in the supply chain in order to ensure the free movement of packaging in the internal market and to improve its sustainability. Waste prevention through reduction at source by material, such as per the CEN standard EN 13428, should remain a key guiding principle and be implemented through waste prevention plans to be set up by packaging producers. Substitution of one packaging material by another should not be a basis for source reduction.
Amendment 430 #
Proposal for a regulation
Recital 60
Recital 60
(60) The problem of excessive packaging waste generation cannot be fully addressed by setting obligations on packaging design. For certain packaging types, obligations to reduce the empty space should be set on economic operators in terms of reducing the empty space when usingfor the use of such packaging. In case of grouped, transport and e-commerce packaging used for supply of products to final distributors or end user, the empty space ration should not exceed 20 %, and be compatible with the requirements set out in Annex IV. To facilitate the use of reusable grouped, transport and e- commerce packaging, the empty space ratio could be higher, but should not exceed 40 %. In line with the waste hierarchy, it should be possible for economic operators using sales packaging as e-commerce packaging to be exempted from this obligation.
Amendment 441 #
Proposal for a regulation
Recital 61
Recital 61
(61) In order to ensure a high level of environmental protection in the internal market as well as a high level of food safety and food 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 amendto add other packaging formats to the list .
Amendment 451 #
Proposal for a regulation
Recital 65
Recital 65
(65) To incentivise waste prevention, a new concept of ‘refill’ should be introduced. Refill should be considered as a specific waste prevention measure that counts towards and is necessary for meeting of the re-use and refill targets. However, containers owned by the consumer, performing a packaging function in the context of refill, such as reusable cups, mugs, bottles or boxes are not packaging in the sense ofprevention targets as set out in this Regulation.
Amendment 454 #
Proposal for a regulation
Recital 66
Recital 66
(66) Where economic operators offer the possibility to purchase products through refill, they should ensure that their refill stations meet certain requirements in order to ensure the health and safety of consumers. In this context, where the consumers use their own containers, the economic operators should therefore inform about the conditions for safe refill and use of those containers. Economic operators should be exempted from liability for food safety problems that could arise from the use of containers provided by consumers if these problems are the result of the consumer not following the instructions about safe refill and use of containers. In order to encourage refill, economic operators should not provide packaging free of charge or not being a part of deposit and return system at the refill stations.
Amendment 457 #
Proposal for a regulation
Recital 67
Recital 67
(67) (1) 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 ofbetween 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 ssolutions. Single use packaging for food and beverages filled, and where these are consumed, within the premises in the HORECA sector should not be allowed. Consumers should always have the option to purchase food and beverages for take-away in reusable or their own containers at conditions not less favourable than food and beverages offered in single-use packaging. Economic operators selling food and beverages for take-away shall offer to consumers the option to purchase the food or beverages in refillable or reusable packaging.
Amendment 470 #
Proposal for a regulation
Recital 68
Recital 68
(68) To increase their effectiveness and ensure the equal treatment of economic operators, the re-use and refill targets should be placed on the economic operators. In cases of targets for beverages, they should be additionally placed also on the manufacturers, as these actors are able to control the packaging formats used for the products they offer. The targets should be calculated as a percentage of sales in reusable packaging within a system for re- use or through refill, or, in case of transport packaging, as a percentage of uses. The targets should be material neutral. In order to ensure uniform conditions for the implementation of targets for re-use and refill, the power to adopt an implementing act in accordance with Article 291 of the Treaty on the methodology for their calculation, should be delegated to the Commission.
Amendment 483 #
Proposal for a regulation
Recital 74 a (new)
Recital 74 a (new)
(74a) A reduction in the use of plastic carrier bags should not lead to a substitution with paper carrier bags. The Commission should monitor the use of paper carrier bags and propose a target, and if appropriate, measures for the reduction of the consumption of paper carrier bags.
Amendment 497 #
Proposal for a regulation
Recital 91
Recital 91
(91) To achieve an ambitious and sustained reduction in the overall packaging waste generation, targets should be laid down for the reduction of packaging waste per capita to be achieved by 2030. Meeting a target of 5 % reduction in 2030 compared to 2018 should entail an overall absolute reduction of approximately 19 % on average across the Union in 2030 compared to the 2030 baseline. Member States should reduce packaging waste generation by 10 %, compared to 2018, by 2035; this is estimated to reduce packaging waste by 29 % compared to the 2030 baseline. In order to ensure that the reduction efforts continue beyond 2030, a reduction target of 10 % from 2018, which would mean a reduction of 29 % compared to baseline, should be set for 2035 and, for 2040, a reduction target of 15 % from 2018, which means a reduction of 37 % compared to baselineIn order to ensure that the reduction efforts continue beyond 2030, a reduction target should be set for 2035 and, for 2040 should be established.
Amendment 510 #
Proposal for a regulation
Recital 92
Recital 92
(92) Member States may achieve these targets by economic instruments and other measures to provide incentives for the application of the waste hierarchy, including measures to be implemented through extended producer responsibility schemes, and by promoting the setting up and effective operation of systems for re- use and encouragmandating economic operators to offer the end users further possibilities to refill and reuse. Such measures should be adopted in parallel and in addition to other measures under this Regulation aiming at packaging and packaging waste reduction, such as requirements on packaging minimisation, re-use and refill targets, volume thresholds and measures to achieve the sustained reduction of consumption of lightweight plastic carrier bags. A Member State may, while observing the general rules laid down in the Treaty and complying with the provisions set out in this Regulation, adopt provisions which go beyond the minimum targets set out in this Regulation.
Amendment 517 #
Proposal for a regulation
Recital 98
Recital 98
(98) Regulation (EU) 2022/2065 of the European Parliament and of the Council66lays down rules on the traceability of traders, which more specifically contain obligations for providers of online platforms allowing consumers to conclude distance contracts with producers offering packaging to consumers located in the Union. In order to prevent free-riding from the extended producer responsibility obligations, it should be specified how such providers of online platforms and fulfilment service providersshould fulfil those obligations with regard to the registers of packaging producers established pursuant to this Regulation. In that context, providers of online platforms, falling within the scope of Section 4 of Chapter 3 of Regulation (EU) 2022/2065, allowing consumers to conclude distance contracts with producers and fulfilment service providersshould obtain from those producers information about their compliance with the extended producer responsibility rules set out in this Regulation prior to placing these products on the market or handling these products. The rules on traceability of traders selling packaging online are subject to the enforcement rules set out in Regulation (EU) 2022/2065. _________________ 66 Regulation (EU) 2022/2065 of the European Parliament and of the Council of 19 October 2022 on a Single Market For Digital Services and amending Directive 2000/31/EC (Digital Services Act) (OJ L 277, 27.10.2022, p. 1).
Amendment 520 #
Proposal for a regulation
Recital 101
Recital 101
(101) Member States should also take measures promoting the most resource- efficient and cost-efficient recycling which meets the quality standards for the use of the recycled materials in relevant sectors. This obligation is particularly relevant in view of minimum percentage set for recycled content in plastic packaging.
Amendment 532 #
Proposal for a regulation
Recital 103
Recital 103
(103) Deposit and return systems should be obligatory for single use glass, metal and plastic beverage bottles and metalglass, metal and plastic beverage containers. Member States might also decide to include other packaging in these systems, in particular single use glass bottles, and should ensure that deposit and return systems for single-use packaging formats, in particular for single use glass beverage bottles, are equally available for reusable packaging, where technically and economically feasible. They should consider establishing deposit and return systems also for reusable packaging. In such situatare equally available for reusable packaging, allowing for sufficient transition time. In implementing these provisions, a Member State should be allowed, while observing the general rules laid down in the Treaty and complying with the provisions set out in this Regulation, adopt provisions which go beyond the minimum requirements set out in this Regulation.
Amendment 538 #
Proposal for a regulation
Recital 104
Recital 104
Amendment 540 #
Proposal for a regulation
Recital 106
Recital 106
(106) Member States and all the relevant stakeholders involved in the setting up of the deposit and return systems should strive for the maximumensure inter-operability of these systems and cooperate to ease the return of packaging by consumers, in particular in border areas where it is demonstrated that the lack of interoperability is causing lower return rates.
Amendment 552 #
Proposal for a regulation
Recital 111
Recital 111
(111) The calculation of the recycling targets should be based on the weight of packaging waste, which enterleaves recycling. Member States should ensure the reliability and accuracy of the data gathered on recycled packaging waste. As a general rule, the actual measurement of the weight of packaging waste counted as recycled should be at the point where packaging waste enters the recycling operation. Nevertheless, in order to limit the administrative burden, Member States should, under strict conditions and by way of derogation from the general rule, be allowed to establish the weight of packaging waste recycled on the basis of measuring the output of any sorting operation, to be corrected with average loss rates occurring before the waste enters the recycling operationsleaves the recycling operation.. Losses of materials which occur before the waste enters the recycling operation, for instance due to sorting or other preliminary operations, should not be included in the waste amounts reported as recycled. Those losses can be established on the basis of electronic registries, technical specifications, detailed rules on the calculation of average loss rates for various waste streams or other equivalent measures. Member States should report on such measures in the quality check reports accompanying the data which they report to the Commission on waste recycling. The average loss rates should preferably be established at the level of individual sorting facilities and should be linked to the different main types of waste, different sources (such as household or commercial), different collection schemes and different types of sorting processes. Average loss rates should only be used in cases where no other reliable data are available, in particular in the context of shipment and export of waste. Losses in weight of materials or substances due to physical or chemical transformation processes inherent in the recycling operation where packaging waste is actually reprocessed into products, materials or substances should not be deducted from the weight of the waste reported as recycled.
Amendment 553 #
Proposal for a regulation
Recital 116
Recital 116
Amendment 561 #
Proposal for a regulation
Recital 123
Recital 123
(123) Effective enforcement of sustainability requirements is essential to ensure fair competition to ensure that this Regulation’s expected benefits and contribution to achieving the Union’s climate, energy and circularity objectives are achieved. Therefore, a minimum number of checks of economic operators placing packaging on the Union market should be established and Regulation (EU) 2019/1020 of the European Parliament and of the Council73setting out a horizontal framework for market surveillance and control of products entering the Union market should apply to packaging for which sustainability requirements are set pursuant to this Regulation. _________________ 73 Regulation (EU) 2019/1020 of the European Parliament and of the Council of 20 June 2019 on market surveillance and compliance of products and amending Directive 2004/42/EC and Regulations (EC) No 765/2008 and (EU) No 305/2011 (OJ L 169, 25.6.2019, p. 1).
Amendment 562 #
Proposal for a regulation
Recital 123 a (new)
Recital 123 a (new)
(123a) Competent authorities should carry out checks at regular intervals on operators and traders to verify that they effectively fulfil the obligations laid down in this Regulation. Moreover, competent authorities should carry out checks on the basis of relevant information in their possession, including substantiated concerns submitted by third parties.
Amendment 566 #
Proposal for a regulation
Recital 135
Recital 135
(135) To enhance public trust in packaging placed on the market, in particular as regards compliance with sustainability requirements, the economic operators placing non-compliant packaging on the market or who do not comply with their obligations should be subject to penalties. It is therefore necessary that Member Statesthis Regulation lays down effective, proportionate and dissuasive minimum penalties in national law for failure to comply with this Regulation.
Amendment 578 #
Proposal for a regulation
Article 1 – paragraph 3
Article 1 – paragraph 3
3. This Regulation contributes to the transition to a circular economy, by laying down measures in line with the hierarchy of waste in accordance with Article 4 of Directive 2008/98/EC and a supportive legal framework for the industry’s ongoing investments towards achieving packaging circularity.
Amendment 595 #
Proposal for a regulation
Article 3 – paragraph 1 – point 1 – introductory part
Article 3 – paragraph 1 – point 1 – introductory part
(1) ‘packaging’ means items of any materials that are intended to be used for the containment, protection, handling, or delivery or presentation of products and that can be differentiated into packaging formats based on their function, material and design, including:
Amendment 610 #
Proposal for a regulation
Article 3 – paragraph 1 – point 1 – point f
Article 3 – paragraph 1 – point 1 – point f
(f) tea or coffee bags necessary tothat contain a tea or coffee product and intended to be used and disposed of together with the product;
Amendment 622 #
Proposal for a regulation
Article 3 – paragraph 1 – point 4
Article 3 – paragraph 1 – point 4
(4) ‘transport packaging’ means packaging conceived so as to facilitate handling and transport of a single sale unit or a number of sales units or grouped packages, including e- commerce packaging but excluding road, rail, ship and air containers, in order to prevent physical handling and transport damage;
Amendment 632 #
Proposal for a regulation
Article 3 – paragraph 1 – point 16
Article 3 – paragraph 1 – point 16
(16) ‘final distributor’ means the distributor who delivers packaged products or products that can be purchased through refill or re-use to the end user;
Amendment 647 #
Proposal for a regulation
Article 3 – paragraph 1 – point 22
Article 3 – paragraph 1 – point 22
(22) ‘re-use’ means any operation by which reusable packaging is used again several times for the same purpose for which it was conceived and made possible by adequate logistics and promoted by suitable incentive systems, usually by a deposit scheme;
Amendment 652 #
Proposal for a regulation
Article 3 – paragraph 1 – point 22 a (new)
Article 3 – paragraph 1 – point 22 a (new)
(22a) 'reusable packaging' or packaging component means packaging that has been conceived, designed and placed on the market in such a way that, once returned, it can be reused for the same purpose, for at least as many times as necessary to have a smaller environmental impact than single-use packaging alternatives, in a system for reuse that enables its actual return and reuse through sufficient logistics and encouraged by appropriate incentive systems, such as a deposit.
Amendment 655 #
Proposal for a regulation
Article 3 – paragraph 1 – point 26
Article 3 – paragraph 1 – point 26
(26) ‘systems for re-use’ means organisational, technical and/or financial arrangements, which enabletogether with incentives, such as a deposit, that allow the re-use either in a closed loop or open loop system. Deposit and return systems, when they ensure that packaging is collected for re- use, are considered as part of a ‘system for re-use’;
Amendment 658 #
Proposal for a regulation
Article 3 – paragraph 1 – point 28
Article 3 – paragraph 1 – point 28
(28) ‘refill’ means an operation by which an end user fills its own containe, considered as a packaging waste prevention measure, by which an end user fills its own container, or a reusable container provided at the point of sale by the final distributor, which fulfils the packaging function, with a product or several products offered by the final distributor in the context of a commercial transaction, on a self-service or assisted service basis;
Amendment 678 #
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 with the existing state-of-the-art collection, sorting and recycling processes, giving priority to mechanical recycling;
Amendment 687 #
Proposal for a regulation
Article 3 – paragraph 1 – point 32 b (new)
Article 3 – paragraph 1 – point 32 b (new)
(32b) 'recyclability' is the suitability of any given packaging to substitute virgin material in applications typically made of that material, e.g. new packaging, after undergoing high-quality recycling processes available on an industrial scale;
Amendment 697 #
Proposal for a regulation
Article 3 – paragraph 1 – point 32
Article 3 – paragraph 1 – point 32
(32) ‘recycled at scale’ means packaging waste collected, sorted and high quality recycled through installed state- of- the-art infrastructure and processes, covering at least 75 % of the Union population, including packaging waste exported from the Union that meets the requirements of Article 47(5)waste generated in the Union;
Amendment 701 #
Proposal for a regulation
Article 3 – paragraph 1 – point 32 a (new)
Article 3 – paragraph 1 – point 32 a (new)
(32a) 'high quality recycling' means any recovery operation, as defined in Article 3, point (17), of Directive 2008/98/EC, that ensures that the quantity and distinct quality of the waste collected is preserved or recovered during that recovery operation, so that it can be subsequently recycled in the most resource-efficient and cost-effective manner and be used in the same way and for a similar application, with minimal loss of quantity, quality or function;
Amendment 712 #
Proposal for a regulation
Article 3 – paragraph 1 – point 33
Article 3 – paragraph 1 – point 33
(33) ‘packaging category’ means a combination of material and specific packaging design, which determines the recyclability with the existing state of the art collection sorting and recycling processes and is relevant for the definition of the design for recycling criteria;
Amendment 726 #
Proposal for a regulation
Article 3 – paragraph 1 – point 37
Article 3 – paragraph 1 – point 37
Amendment 739 #
Proposal for a regulation
Article 3 – paragraph 1 – point 38
Article 3 – paragraph 1 – point 38
(38) ‘secondary raw materials’ means materials that have been obtained through high quality recycling processes and can substitute primary raw materials;
Amendment 756 #
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 most of the finished compost ultimately decomposes into carbon dioxide, mineral salts, biomass and water, according to Article 47(48), and does not hinder the separate collection and the composting or anaerobic digestion process or activity into which it is introduced in industrially controlled conditions;
Amendment 766 #
Proposal for a regulation
Article 3 – paragraph 1 – point 50
Article 3 – paragraph 1 – point 50
(50) ‘deposit’ means a defixned sum of money, not being part of the price of a packaged or filled product that is collected from the end user when purchasing such packaged or filled product, covered by a deposit and return system in a given Member State and redeemable when the end user returns the deposit bearing packaging to a collection point established for that purpose;
Amendment 773 #
Proposal for a regulation
Article 3 – paragraph 1 – point 57
Article 3 – paragraph 1 – point 57
(57) ‘packaging presenting a risk’ means a packaging that, by not complying with a requirement set out in or pursuant to this Regulation other than those listed in Article 56(1), may adversely affect the environment, health, or other public interests protected by that requirement;
Amendment 776 #
Proposal for a regulation
Article 3 – paragraph 1 – point 60 a (new)
Article 3 – paragraph 1 – point 60 a (new)
(60a) ‘Substance of concern’ means a substance that: (a) meets the criteria laid down in Article 57 and Regulation (EC) No 1907/2006;or (b) is classified in Part 3 of Annex VI to Regulation (EC) No 1272/2008 in one of the following hazard classes or hazard categories: – carcinogenicity categories 1 and 2, – germ cell mutagenicity categories 1 and 2, – reproductive toxicity categories 1 and 2, - Persistent, Bioacumulative, Toxic (PBTs), - very Persistent , very Bioaccumulative (vPvBs); - Persistent, Mobile and Toxic (PMT), - very Persistent very Mobile (vPvM); – respiratory sensitisation category 1, – skin sensitisation category 1, – chronic hazard to the aquatic environment categories 1 to 4, – hazardous to the ozone layer, – specific target organ toxicity – repeated exposure categories 1 and 2, – specific target organ toxicity – single exposure categories 1 and 2;or - substances regulated under the Regulation (EU) No 2019/1021; - specific restricted substances listed in Annex XVII of Regulation (EC) No 1907/2006; - specific substances regulated under specific sectoral/product legislation such as Regulation (EU) 2017/852 , Directive 2009/48/EC, the restriction of hazardous substances in Directive 2011/65/EU, etc. (c) negatively affects the re-use and recycling of materials in the product in which it is present;
Amendment 781 #
Proposal for a regulation
Article 3 – paragraph 2
Article 3 – paragraph 2
The definitions of ‘substance of concern’ and ‘data carrier’ laid down in Article [2 points (28) and (30)] of Regulation [Ecodesign for sustainable products] shall apply;
Amendment 796 #
Proposal for a regulation
Article 4 – paragraph 4 a (new)
Article 4 – paragraph 4 a (new)
4a. Member States shall be entitled to adopt the necessary additional sustainability requirements to reduce per capita packaging waste in order to reach the targets set out in Article 38.
Amendment 804 #
Proposal for a regulation
Article 4 – paragraph 5
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), as long as such labelling does not create a risk of confusion for the consumer.
Amendment 813 #
Proposal for a regulation
Article 5 – paragraph 1
Article 5 – paragraph 1
1. Packaging shall be so manufactured that the presence and concentration of substances of concern as constituents of the packaging material or of any of the packaging components is minimisprevented, including with regard to their presence in emissions and any outcomes of waste management, such as secondary raw materials, ashes or other material for final disposal, including their immediate and cumulative impact on the environment in the case of microplastic generation. The presence of substances as constituents of the packaging material or of any of the packaging components that cause cancers, gene mutations, affect the reproductive or the endocrine system, or are persistent and bioaccumulative, as identified in Regulation (EC) No 1272/2008, shall be avoided.
Amendment 825 #
Proposal for a regulation
Article 5 – paragraph 2
Article 5 – paragraph 2
2. Without prejudice to the restrictions on chemicals set out in Annex XVII of Regulation (EC) No 1907/2006 or, where applicable, to the restrictions and specific measures on food contact packaging in Regulation (EC) No 1935/2004, the sum of concentration levels of lead, cadmium, mercury and hexavalent chromium resulting from substances present in packaging or packaging components shall not exceed 100 mg/kg.be present in the packaging and waste materials
Amendment 831 #
Proposal for a regulation
Article 5 – paragraph 2 a (new)
Article 5 – paragraph 2 a (new)
2a. Packaging containing per- and polyfluorinated alkyl substances (PFAS) shall not be placed on the market.
Amendment 833 #
Proposal for a regulation
Article 5 – paragraph 2 b (new)
Article 5 – paragraph 2 b (new)
2b. Food packaging containing Bisphenol A (BPA, CAS 80-05-7) and structurally related bisphenols of similar concerns; certain phthalates including DEHP, DEP, DiBP, BBzP and DnBP; and polyfluoroalkyl and perfluoroalkyl substances, shall not be placed on the market 18 months after the entry into force of the Regulation.
Amendment 834 #
Proposal for a regulation
Article 5 – paragraph 3
Article 5 – paragraph 3
3. Compliance with the requirements set out in paragraph 2s 1, 2, 2a and 2b shall be demonstrated in the technical documentation drawn up in accordance with Annex VII.
Amendment 837 #
Proposal for a regulation
Article 5 – paragraph 4
Article 5 – paragraph 4
4. Recyclability requirements established in delegated acts adopted pursuant to Article 6(5) shall not restrict the presence of substances in packaging or packaging components for reasons relating primarily related to chemical safety. They shall address, as appropriate, substances of concern that, unless there is a risk to human health or to the environment arising from the use of a substance in the manufacturing of a packaging or packaging component, or from a substance present in a packaging or packaging component when it is placed on the market or during the subsequent stages of its life cycle. They shall address substances of concern that are harmful to human health and the environment and negatively affect the re- use, sorting and recycling of materials in the packaging in which they are present, and shall, as appropriate, identify the specific substances concerned and their associated criteria and limitations.
Amendment 855 #
Proposal for a regulation
Article 5 – paragraph 5 a (new)
Article 5 – paragraph 5 a (new)
5a. When there is an unacceptable risk to human health or the environment, arising from the use of a substance in the manufacture of packaging or packaging components, or from a substance present in packaging or packaging components when they are placed on the market, or during their subsequent life cycle stages, including the waste phase, that needs to be addressed on a Union wide basis, the procedure referred to in Article 133(4) of Regulation (EC) No 1907/2006 shall be used in order to adopt new restrictions or amend current restrictions pursuant to Articles 68(1) and 69 to 73 of Regulation (EC) No 1907/2006.
Amendment 857 #
Proposal for a regulation
Article 5 – paragraph 5 b (new)
Article 5 – paragraph 5 b (new)
5b. For substances manufactured for use or used in the manufacture of packaging or packaging components that could be used by consumers of professionals, or present in packaging or packaging components placed on the market that could be used by consumers or professionals, Article 68(2) of Regulation (EC) No 1907/2006 applies.
Amendment 871 #
Proposal for a regulation
Article 6 – paragraph 1
Article 6 – paragraph 1
1. All packaging shall be recyclable by 1 January 2030.
Amendment 878 #
Proposal for a regulation
Article 6 – paragraph 2 – subparagraph 1 – point a
Article 6 – paragraph 2 – subparagraph 1 – point a
(a) it is designed for high quality recycling;
Amendment 887 #
Proposal for a regulation
Article 6 – paragraph 2 – subparagraph 1 – point c
Article 6 – paragraph 2 – subparagraph 1 – point c
(c) it is sorted into defined waste streams for recycling processes without affecting the recyclability of other waste streams;
Amendment 893 #
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 sufficient quality to substitute the primary raw materials; of the packaging in applications typical for that material; and
Amendment 904 #
Proposal for a regulation
Article 6 – paragraph 2 – subparagraph 2
Article 6 – paragraph 2 – subparagraph 2
Amendment 938 #
Proposal for a regulation
Article 6 – paragraph 3
Article 6 – paragraph 3
3. Recyclable pPackaging 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 943 #
Proposal for a regulation
Article 6 – paragraph 4 – subparagraph 1
Article 6 – paragraph 4 – subparagraph 1
Amendment 981 #
Proposal for a regulation
Article 6 – paragraph 5 – subparagraph 1
Article 6 – paragraph 5 – subparagraph 1
From 1 January 2030, packaging shall notonly be considered recyclable if it corresponds at least to performance grade ED under the design for recycling criteria established in the delegated act adopted pursuant to paragraph 4 for the packaging category, to which the packaging belongs, and if it is not being assessed as not being recyclable at scale.
Amendment 989 #
Proposal for a regulation
Article 6 – paragraph 5 – subparagraph 2
Article 6 – paragraph 5 – subparagraph 2
Amendment 991 #
Proposal for a regulation
Article 6 – paragraph 5 – subparagraph 2 a (new)
Article 6 – paragraph 5 – subparagraph 2 a (new)
Where by 1 January 2027 a delegated act under paragraph 4 has not been adopted, a packaging, which presents the features listed in Annex II, table 3 (new), as applicable, shall be considered as not recyclable as of 1 January 2030.
Amendment 998 #
Proposal for a regulation
Article 6 – paragraph 6 – introductory part
Article 6 – paragraph 6 – introductory part
6. TBy 31 December 2025, 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 1018 #
Proposal for a regulation
Article 6 – paragraph 6 – subparagraph 1 (new)
Article 6 – paragraph 6 – subparagraph 1 (new)
The data mentioned in points (a) to (d) shall be available and easily accessible by the public.
Amendment 1020 #
Proposal for a regulation
Article 6 – paragraph 7 – introductory part
Article 6 – paragraph 7 – introductory part
7. The criteria and requirements referred to in paragraph 3 and 5 shall establish:
Amendment 1023 #
Proposal for a regulation
Article 6 – paragraph 7 – point a
Article 6 – paragraph 7 – point a
(a) the manner in which to express the result of the recyclability assessment in recyclability performance grades from A to ED, as described in Table 3 of Annex II, based on the percentage of the packaging unit, in weight, whichand also the ability to attain secondary raw materials to define whether a packaging is recyclable according to paragraph 1;
Amendment 1032 #
Proposal for a regulation
Article 6 – paragraph 7 – point e
Article 6 – paragraph 7 – point e
(e) the manner in which to assess the recyclability at scale for each packaging category listed in Table 1 of Annex II in order to establish, as of 20350, updated recyclability performance grades.
Amendment 1039 #
Proposal for a regulation
Article 6 – paragraph 8 – subparagraph 3
Article 6 – paragraph 8 – subparagraph 3
Where a unit of packaging includes separate components, the assessment of compliance with the design for recycling requirements and with the at scale recyclability requirements shall be done separately for each separate component. The assessment shall also be done separately for integrated components that separate from each other through mechanical stress during transportation or sorting.
Amendment 1046 #
Proposal for a regulation
Article 6 – paragraph 9
Article 6 – paragraph 9
Amendment 1094 #
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 placed on the market shall contain the following minimum percentage of recycled content recovered from post-consumer plastic waste, per unit of packaging type and format as referred to in Annex II, Table 1, per manufacturing plant and year:
Amendment 1115 #
Proposal for a regulation
Article 7 – paragraph 1 – point a
Article 7 – paragraph 1 – point a
(a) at least 30 % for contact sensitive packaging made from polyethylene terephthalate (PET) as the major component;
Amendment 1123 #
Proposal for a regulation
Article 7 – paragraph 1 – point b
Article 7 – paragraph 1 – point b
Amendment 1127 #
Proposal for a regulation
Article 7 – paragraph 1 – point b
Article 7 – paragraph 1 – point b
(b) at least 10 % for contact sensitive packaging made from plastic materials other than PET, except single use plastic beverage bottles;
Amendment 1134 #
Proposal for a regulation
Article 7 – paragraph 1 – point c
Article 7 – paragraph 1 – point c
(c) at least 30 % for single use plastic beverage bottles;
Amendment 1136 #
Proposal for a regulation
Article 7 – paragraph 1 – point d
Article 7 – paragraph 1 – point d
(d) 35 % forat least 35 % for plastic packaging other than those referred to in points (a), (bc) and (c)Article 7(1a) of this regulation.
Amendment 1149 #
Proposal for a regulation
Article 7 – paragraph 1 a (new)
Article 7 – paragraph 1 a (new)
1a. From 1 January 2035, the plastic part in packaging placed on the market shall contain at least 10 % of recycled content recovered from post-consumer plastic waste, per packaging type and format as referred to in Annex II, Table 1, per manufacturing plant and year for contact sensitive packaging made from plastic materials other than PET, except single use plastic beverage bottles;
Amendment 1155 #
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 contain the following minimum percentage of recycled content recovered from post-consumer plastic waste, per unit of packaging type and format as referred to in Annex II, Table 1, per manufacturing plant and year:
Amendment 1180 #
(a) at least 50 % for contact sensitive plastic packaging, except single use plastic beverage bottles;
Amendment 1182 #
Proposal for a regulation
Article 7 – paragraph 2 – point b
Article 7 – paragraph 2 – point b
(b) at least 65 % for single use plastic beverage bottles;
Amendment 1185 #
Proposal for a regulation
Article 7 – paragraph 2 – point c
Article 7 – paragraph 2 – point c
(c) at least 65 % for plastic packaging other than those referred to in points (a) and (b);
Amendment 1219 #
Proposal for a regulation
Article 7 – paragraph 4
Article 7 – paragraph 4
4. Paragraphs 1 and 2 shall not apply to compostable plastic packaging referred to in Article 8(1), and shall only apply to reusable packaging placed on the market for the first time after 1 January 2030.
Amendment 1255 #
Proposal for a regulation
Article 7 – paragraph 7
Article 7 – paragraph 7
7. By 31 December 2026, the Commission is empowered to adopt implementingshall adopt delegated 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 implementingdelegated acts shall be adopted in accordance with the examination procedure referred to in Article 59(3)8.
Amendment 1285 #
Proposal for a regulation
Article 7 – paragraph 9 – subparagraph 1
Article 7 – paragraph 9 – subparagraph 1
By 1 January 2028, the Commission shall assess the need for derogations from the timing, and level of minimum percentage laid down in paragraph 1, points b and d,a for specific types of plastic packaging according to Annex II, Table 1, or for the revisannulation of the derogations established under paragraph 3 for specific types of plastic packaging according to Annex II, Table 1.
Amendment 1299 #
Proposal for a regulation
Article 7 – paragraph 9 – subparagraph 2 – introductory part
Article 7 – paragraph 9 – subparagraph 2 – introductory part
Based on this assessment, the Commission is empowered to adopt delegated acts in accordance with Article 58 to amend this Regulation in order to: provide for derogations from the scope, timing or level of minimum percentage laid down in paragraph 1a for specific types of plastic packaging according to Annex II, table 1, or to revise the derogations established in pargraph 3, where suitable recycling technologies to recycle plastic packaging are not available because they are not authorised under the relevant Union rules, or are not sufficiently resource and energy efficient, therefore not contributing to a positive environmental outcome, and cost-effective, or are not sufficiently installed in practice.
Amendment 1304 #
Proposal for a regulation
Article 7 – paragraph 9 – subparagraph 2 – point a
Article 7 – paragraph 9 – subparagraph 2 – point a
Amendment 1313 #
Proposal for a regulation
Article 7 – paragraph 9 – subparagraph 2 – point b
Article 7 – paragraph 9 – subparagraph 2 – point b
Amendment 1316 #
Proposal for a regulation
Article 7 – paragraph 9 – subparagraph 2 – subparagraph 1
Article 7 – paragraph 9 – subparagraph 2 – subparagraph 1
Amendment 1321 #
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 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.
Amendment 1327 #
Proposal for a regulation
Article 7 – paragraph 11
Article 7 – paragraph 11
11. By [OP: Please insert the date = 84 years after the date of entry into force of this Regulation], the Commission shall review the situation regarding the use of recycled packaging materials in packaging other than those referred to in paragraph 1 of this article and other than plastics and, on this basis, assess the appropriateness of establishing measures, or setting targets, for increasing the use of recycled content in such other packaging, and where necessary present a legislative proposal.
Amendment 1334 #
Proposal for a regulation
Article 7 – paragraph 11 a (new)
Article 7 – paragraph 11 a (new)
11a. To achieve targets set out in Article 7 (1), (1a) and (2), producers subjected to extended producer responsibility as per Article 40 (1) and economic operators participating in deposit and return systems established under Article 44 and requiring contact- sensitive materials for their packaging may benefit from a right of preferential access to a proportionate share of the contact-sensitive feedstock for recycling necessary to meet the targets, where a Member State set up such a system according to Article 43(1a).
Amendment 1336 #
Proposal for a regulation
Article 7 a (new)
Article 7 a (new)
Amendment 1339 #
Proposal for a regulation
Article 7 b (new)
Article 7 b (new)
Article7b Mandatory separate collection 1. From the adoption of delegated acts pursuant to Article 6 paragraph 4, Member States shall take the necessary measures to ensure the separate collection of 90% of the materials covered by those delegated acts, in a given year by weight. 2. Paragraph 1 shall supplement separate collection targets laid down for single-use plastic bottles covered by Article 9 of Directive (EU) 2019/904.
Amendment 1371 #
Proposal for a regulation
Article 8 – paragraph 2
Article 8 – paragraph 2
2. Where appropriate waste collection schemes and waste treatment infrastructure are available to ensure that packaging referred to in paragraph 1 enters the organic waste management stream, Member States are empowered to require that lightweight plastic carrier bags shall be made available on their market for the first time only if it can be demonstrated that those lightweight plastic carrier bags have been entirely manufactured from biodegradable plastic polymers, which are compostable inollowing the harmonised European standard for industrially controlled conditionsmpostable packaging EN 13432.
Amendment 1387 #
Proposal for a regulation
Article 8 – paragraph 5
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 evidence revealing that this packaging is very often discarded together with biowaste on a large scale, technological and regulatory developments impacting the disposal of compostable packaging and under the conditions set out in Annex III.
Amendment 1389 #
Proposal for a regulation
Article 8 – paragraph 5 a (new)
Article 8 – paragraph 5 a (new)
5a. The Commission shall, by 31 May 2026, request the European standardisation organisations to update the harmonised standard on the “Requirements for packaging recoverable through composting and biodegradation - testing schemes and evaluation criteria”. That standard shall consider the composting times, admissible levels of visual contamination and other requirements needed to reflect the actual conditions in the bio-waste treatment facilities, including anaerobic digestion processes, in line with the scientific and technological developments.
Amendment 1394 #
Proposal for a regulation
Article 8 – paragraph 5 b (new)
Article 8 – paragraph 5 b (new)
5b. All compostable packaging must be fully compostable under industrially controlled conditions in biowaste treatment plants. No microplastic particles or harmful substances may enter the compost product. Compostable packaging should not contain any harmful chemicals and must be transparent on all added substances.
Amendment 1396 #
Proposal for a regulation
Article 8 – paragraph 5 c (new)
Article 8 – paragraph 5 c (new)
5c. It shall be prohibited to claim a packaging as compostable others than those referred in Article 8 (1).
Amendment 1399 #
Proposal for a regulation
Article 9 – paragraph 1
Article 9 – paragraph 1
1. Packaging shall be designed so that its weight and volume is fully recylable at the end of life and so that its weight and volume produced per producer of packaging is reduced to the minimum necessary for ensuring its functionality taking account of the material that the packaging is made of. For reusable packaging, this shall apply for reusable packaging placed on the market after the entry into force of this Regulation.
Amendment 1415 #
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.
Amendment 1426 #
Proposal for a regulation
Article 9 – paragraph 2 a (new)
Article 9 – paragraph 2 a (new)
2a. The Commission is empowered to define through delegated acts, or to request the European standardisation organisations to update or define, maximum weights for packaging types and formats relative to the content and the packaging material used.
Amendment 1459 #
Proposal for a regulation
Article 10 – paragraph 1 – introductory part
Article 10 – paragraph 1 – introductory part
1. Packaging placed on the market after the entry into force of this Regulation shall be considered reusable where if fulfils the following conditions:
Amendment 1460 #
Proposal for a regulation
Article 10 – paragraph 1 – point a
Article 10 – paragraph 1 – point a
(a) it has been conceived, designed and placed on the market with the objective to be re-used for refilledmultiple times for the same purpose;
Amendment 1467 #
Proposal for a regulation
Article 10 – paragraph 1 – point b
Article 10 – paragraph 1 – point b
(b) it has been conceived and designed to accomplish as many trips or rotations as possible and at least as is necessary to have a smaller environmental impact than single-use packaging alternatives in normally predictable conditions of use;
Amendment 1476 #
Proposal for a regulation
Article 10 – paragraph 1 – point e a (new)
Article 10 – paragraph 1 – point e a (new)
Amendment 1495 #
Proposal for a regulation
Article 10 a (new)
Article 10 a (new)
Article10a Sustainability of bio-based feedstock By 31 December 2026, the Commission shall publish a report assessing sustainability requirements for bio-based feedstock, taking into account the existing sustainability criteria laid down in Article 29 of Directive 2018/2001 when assessing requirements for non-fossil bio-based feedstock. Based on that assessment, the Commission shall adopt a delegated act in accordance with Article 58 to supplement this Regulation in order to establish sustainability requirements for bio-based feedstocks in packaging to be complied with before being placed on the market.
Amendment 1496 #
Proposal for a regulation
Article 10 b (new)
Article 10 b (new)
Amendment 1500 #
Proposal for a regulation
Article 11 – paragraph 1 – subparagraph 1
Article 11 – paragraph 1 – subparagraph 1
From [OP: Please insert the date = 42 months after the entry into force of this Regulation], packaging shall be marked with a label containing information on its material composition. This obligation does not apply to transport packaging, including recycled content and contained chemicals, including additives. This obligation does not apply to transport packaging and to reusable packaging placed on the market before 42 months after the entry into force of this Regulation. However, it applies to e-commerce packaging.
Amendment 1515 #
Proposal for a regulation
Article 11 – paragraph 1 – subparagraph 2
Article 11 – paragraph 1 – subparagraph 2
Packaging subject to deposit and return systems referred to in Article 44(1) shall, in addition to the labelling referred to in the first subparagraph, be marked with a harmonised label established in the relevant implementingdelegated act adopted pursuant to paragraph 5. All packaging subject to the deposit and return system referred to in Article 44(1) must bear a QR code or other type of digital data carrier harmonised at EU level or interoperable between Member States. Labels of such deposit and return systems established before the entry into force of this Regulation may be used together with the harmonised label until 36 months after the adoption of the delegated act adopted pursuant to paragraph 5.
Amendment 1523 #
Proposal for a regulation
Article 11 – paragraph 2
Article 11 – paragraph 2
2. From [OP: Please insert the date = 48 months after the date of entry into force of this Regulation], packaging shall bear a label on packaging reusability and recyclability and a QR code or other type of digital data carrier that provides further information on packaging reusability and recyclability including the availability of a system for re-use and of collection points, and that facilitates the tracking of the packaging and the calculation of trips and rotations. In addition, reusable sales packaging shall be clearly identified and distinguished from single use packaging at the point of sale through information tags that are mounted near the product and that in form and font size at least correspond to those of the price tags.
Amendment 1593 #
Proposal for a regulation
Article 12 a (new)
Article 12 a (new)
Amendment 1599 #
Proposal for a regulation
Article 13 – paragraph 2 – subparagraph 1
Article 13 – paragraph 2 – subparagraph 1
Before placing packaging on the market, manufacturers shall carry out the relevant conformity assessment procedure referred to in Article 33, or have it carried out on their behalf, and draw up by an accredited third party certification body, and draw up, or have drawn up by the accredited third party certification body, the technical documentation referred to in Annex VII.
Amendment 1617 #
Proposal for a regulation
Article 13 – paragraph 9
Article 13 – paragraph 9
9. Manufacturers shall, further to a reasoned request from a national authority, provide all the information and documentation necessary to demonstrate the conformity of the packaging, including the technical documentation in a language, or languages, which can be easily understood by that authority. That information and documentation shall be provided in either paper or electronic form. The relevant documents shall be made available within 10 days of receipt of the request from the national authority. Manufacturers shall cooperate with the national authority on any action taken to remedy any case of non-compliance with the requirements set out in Articles 5 to 10.
Amendment 1627 #
Proposal for a regulation
Article 16 – paragraph 1
Article 16 – paragraph 1
1. Importers shall only place on the market packaging which is compliant with the applicable requirements of Articles 5 to 11.
Amendment 1634 #
Proposal for a regulation
Article 16 – paragraph 10
Article 16 – paragraph 10
10. Importers shall cooperate with the competent national authority on any action taken to remedy any case of non- compliance with the applicable requirements set out in Articles 5 to 11.
Amendment 1639 #
Proposal for a regulation
Article 17 – paragraph 2 – point a
Article 17 – paragraph 2 – point a
(a) the producer, that is subject to the obligations on extended producer responsibility for the packaging is registered in the register of producers referred to in Article 4039;
Amendment 1640 #
Proposal for a regulation
Article 17 – paragraph 2 – point a a (new)
Article 17 – paragraph 2 – point a a (new)
(aa) if a Member State has adopted measures to make the entrustment of a producer responsibility organisation mandatory according to Article 41 paragraph 1 sentence 2, weather the producer has properly entrusted a producer responsibility organisation in accordance with Article 42 to carry out the extended producer responsibility obligations on his behalf.
Amendment 1653 #
Proposal for a regulation
Article 18 – title
Article 18 – title
Obligations of fulfilment service providers and online platforms
Amendment 1654 #
Proposal for a regulation
Article 18 – paragraph 1
Article 18 – paragraph 1
Fulfilment service providers and online platforms shall ensure that for packaging that they handle or offer on their online platforms, the conditions during warehousing, handling and packing, addressing or dispatching, do not jeopardise the packaging’s compliance with the applicable requirements set out in Articles 5 to 11. Fulfilment service providers and online platforms shall only handle or offer packaging that complies with the requirements set out in Articles 5 to 11 and of which the producers are registered in the register of producers according to Art. 39, or, relating to packaging for which the entrustment of a producer responsibility organisation in order to carry out the extended producer responsibility obligations is mandatory according to Article 41 paragraph 1 in conjunction with national law, if the producer has entrusted a producer responsibility organisation with the carrying out of his extended producer responsibility obligations.
Amendment 1655 #
Proposal for a regulation
Article 19 – paragraph 1
Article 19 – paragraph 1
An importer or a distributor shall be considered a manufacturer for the purposes of this Regulation and shall be subject to the obligations of the manufacturer under Article 143, where they place packaging on the market under their own name or trademark or modify packaging already placed on the market in a way that may affect compliance with the relevant requirements of this Regulation.
Amendment 1664 #
Proposal for a regulation
Article 21 – paragraph 1
Article 21 – paragraph 1
1. Economic operators who supply products to a final distributor or an end user in grouped packaging, transport packaging or e-commerce packaging, shall ensure that the packaging complies iwth the provisions laid down in parts 1 and 2 of Annex IV and that the empty space ratio is maximum 420 %.
Amendment 1724 #
Proposal for a regulation
Article 22 – paragraph 2 a (new)
Article 22 – paragraph 2 a (new)
2a. By 31 December 2025, the Commission shall adopt delegated acts in accordance with Article 58 in order to suplement the provisions laid down in point 2 of Annex V. The Commission shall consider the list of fresh fruit and vegetables laid down in part IX of Annex I of Regulation No 1308/2013 and assess where the restriction on the market of the packaging in the format and for the purposes listed in point 2 of Annex V would create water loss or turgidity loss, microbiological hazards or physical shocks.
Amendment 1732 #
Proposal for a regulation
Article 22 – paragraph 3
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. Member States opting for such an exemption shall make use of economic instruments to ensure that such economic operators do not have a financial incentive to use packaging listed in point 3 of Annex V.
Amendment 1753 #
Proposal for a regulation
Article 22 – paragraph 4
Article 22 – paragraph 4
4. The Commission shall be empowered to adopt delegated acts in accordance with Article 58 to amenddd packaging formats to 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.
Amendment 1754 #
Proposal for a regulation
Article 22 – paragraph 4 a (new)
Article 22 – paragraph 4 a (new)
4a. Member States may adopt restrictions of placing on the market packaging in formats not listed in Annex V, wherever there is no significant impact on the Single Market and where there is a significant potential to reduce the packaging waste generated while ensuring an overall positive environmental impact.
Amendment 1756 #
Proposal for a regulation
Article 22 a (new)
Article 22 a (new)
Article22a Restriction on the use of certain very lightweight plastic bags packaging 1. Economic operators shall not place very lightweight plastic carrier bags on the market. 2. Paragraph 1 shall not apply to very lightweight plastic carrier bags required for hygiene reasons or provided as primary packaging for loose food when this is necessary to prevent food wastage.
Amendment 1766 #
Proposal for a regulation
Article 24 – paragraph 2
Article 24 – paragraph 2
2. Economic operators making use of reusable packaging shall recondition such packaging in compliance with Part B of Annex VI, prior to offering it again for use by end users. Where economic operators have appointed a third party as referred in paragraph 3, the obligations set out in this article shall be met by the third parties on their behalf.
Amendment 1770 #
Proposal for a regulation
Article 24 – paragraph 2 a (new)
Article 24 – paragraph 2 a (new)
2a. Economic operators making use of reusable packaging can designate third parties responsible of one or more mutualised systems for re-use. The appointed third parties ensure that the systems for reuse, which the reusable packaging is part of, comply with the requirements laid down in Part A of Annex VI.
Amendment 1781 #
Proposal for a regulation
Article 26 – title
Article 26 – title
Re-use and refill targets
Amendment 1795 #
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 within a system for re-use.
Amendment 1818 #
Proposal for a regulation
Article 26 – paragraph 2 – point a
Article 26 – paragraph 2 – point a
(a) from 1 January 2030, 20at least 25 % of those beverages are made available in reusable packaging within a system for re- use or by enabling refill;
Amendment 1827 #
Proposal for a regulation
Article 26 – paragraph 2 – point b
Article 26 – paragraph 2 – point b
(b) from 1 January 2040, 80at least 85 % of those beverages are made available in reusable packaging within a system for re- use or by enabling refill.
Amendment 1841 #
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:
Amendment 1849 #
Proposal for a regulation
Article 26 – paragraph 3 – point a
Article 26 – paragraph 3 – point a
(a) from 1 January 2030, 10at least 15 % of those products are made available in reusable packaging within a system for re- use or by enabling refill;
Amendment 1857 #
Proposal for a regulation
Article 26 – paragraph 3 – point b
Article 26 – paragraph 3 – point b
(b) from 1 January 2040, 4at least 60 % of those products are made available in reusable packaging within a system for re- use or by enabling refill.
Amendment 1878 #
Proposal for a regulation
Article 26 – paragraph 4 – point a
Article 26 – paragraph 4 – point a
(a) from 1 January 2030, 1at least 20 % of those products are made available in reusable packaging within a system for re- use or by enabling refill;
Amendment 1883 #
Proposal for a regulation
Article 26 – paragraph 4 – point b
Article 26 – paragraph 4 – point b
(b) from 1 January 2040, 2at least 35 % of those products are made available in reusable packaging within a system for re- use or by enabling refill.
Amendment 1896 #
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 in sales packaging alcoholic beverages in the form of wine, with the exception of sparklingsparkling wine, aromatised wine products and fruit wine, shall ensure that:
Amendment 1902 #
Proposal for a regulation
Article 26 – paragraph 5 – point a
Article 26 – paragraph 5 – point a
(a) from 1 January 2030, 5at least 10 % of those products are made available in reusable packaging within a system for re- use or by enabling refill;
Amendment 1908 #
Proposal for a regulation
Article 26 – paragraph 5 – point b
Article 26 – paragraph 5 – point b
(b) from 1 January 2040, 15at least 20 % of those products are made available in reusable packaging within a system for re- use or by enabling refill.
Amendment 1921 #
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 and milk and mixed milk drinks, shall ensure that:
Amendment 1926 #
Proposal for a regulation
Article 26 – paragraph 6 – point a
Article 26 – paragraph 6 – point a
(a) from 1 January 2030, 1at least 20 % of those products are made available in reusable packaging within a system for re- use or by enabling refill;
Amendment 1931 #
Proposal for a regulation
Article 26 – paragraph 6 – point b
Article 26 – paragraph 6 – point b
(b) from 1 January 2040, 2at least 35 % of those products are made available in reusable packaging within a system for re- use or by enabling refill.
Amendment 1940 #
Proposal for a regulation
Article 26 – paragraph 7 – introductory part
Article 26 – paragraph 7 – introductory part
7. Economic operators using transport packaging within the territory of the 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 shall ensure that:
Amendment 1946 #
Proposal for a regulation
Article 26 – paragraph 7 – point a
Article 26 – paragraph 7 – point a
(a) from 1 January 2030, 3at least 50 % of such packaging used is reusable packaging within a system for re-use;
Amendment 1954 #
Proposal for a regulation
Article 26 – paragraph 7 – point b
Article 26 – paragraph 7 – point b
(b) from 1 January 2040, at least 90 % of such packaging used is reusable packaging within a system for re-use.
Amendment 1957 #
Proposal for a regulation
Article 26 – paragraph 8 – introductory part
Article 26 – paragraph 8 – introductory part
8. Economic operators using transport packaging within the territory of the Union for the transport and delivery of non-food items made available on the market for the first time via e-commerce shall ensure that:
Amendment 1960 #
Proposal for a regulation
Article 26 – paragraph 8 – point a
Article 26 – paragraph 8 – point a
(a) from 1 January 2030, 1at least 20 % of such packaging used is reusable packaging within a system for re-use;
Amendment 1970 #
Proposal for a regulation
Article 26 – paragraph 8 – point b
Article 26 – paragraph 8 – point b
(b) from 1 January 2040, 5at least 80 % of such packaging used is reusable packaging within a system for re-use;
Amendment 1981 #
Proposal for a regulation
Article 26 – paragraph 9 – introductory part
Article 26 – paragraph 9 – introductory part
9. Economic operators using transport packaging within the territory of the Union in the form of pallet wrappings and straps for stabilization and protection of products put on pallets during transport shall ensure that:
Amendment 1986 #
Proposal for a regulation
Article 26 – paragraph 9 – point a
Article 26 – paragraph 9 – point a
(a) from 1 January 2030, 1at least 20 % of such packaging used is reusable packaging within a system for re-use;
Amendment 1996 #
Proposal for a regulation
Article 26 – paragraph 9 – point b
Article 26 – paragraph 9 – point b
(b) from 1 January 2040, 30at least 75 % of such packaging used for transport is reusable packaging within a system for re- use;
Amendment 2011 #
Proposal for a regulation
Article 26 – paragraph 10 – introductory part
Article 26 – paragraph 10 – introductory part
10. Economic operators using grouped packaging within the fterritormy of boxes, excluding cardboard,the Union in the form of boxes used outside of sales packaging to group a certain number of products to create a stock-keeping unit shall ensure that:
Amendment 2016 #
Proposal for a regulation
Article 26 – paragraph 10 – point a
Article 26 – paragraph 10 – point a
(a) from 1 January 2030, 10at least 15 % of such packaging used is reusable packaging within a system for re-use;
Amendment 2024 #
Proposal for a regulation
Article 26 – paragraph 10 – point b
Article 26 – paragraph 10 – point b
(b) from 1 January 2040, 25at least 50 % of such packaging they used is reusable packaging within a system for re-use.
Amendment 2038 #
Proposal for a regulation
Article 26 – paragraph 12 – subparagraph 1 – introductory part
Article 26 – paragraph 12 – subparagraph 1 – introductory part
Amendment 2088 #
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.
Amendment 2096 #
Proposal for a regulation
Article 26 – paragraph 14 – point a
Article 26 – paragraph 14 – point a
(a) placed not more than 1000 kgunits of packaging per year on the market; or
Amendment 2138 #
Proposal for a regulation
Article 26 – paragraph 16 – point a
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), with particular emphasis on the sectors of detergents, hygiene products and pet food,
Amendment 2141 #
Proposal for a regulation
Article 26 – paragraph 16 – point b
Article 26 – paragraph 16 – point b
(b) exemptions for economic operators additional to those listed in points (a) to (c) of paragraph 14 of this Article,
Amendment 2158 #
17. By [OP: Please insert the date = 8 years after the date of entry into force of this Regulation]31 December 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, including for targets for other sectors and for other packaging and packaging formats, and where necessary present a legislative proposal.
Amendment 2160 #
Proposal for a regulation
Article 26 – paragraph 17 a (new)
Article 26 – paragraph 17 a (new)
17a. Member States may set targets that go beyond the minimum requirements set in this Article.
Amendment 2161 #
Proposal for a regulation
Article 26 – paragraph 17 b (new)
Article 26 – paragraph 17 b (new)
17b. From January 1st, 2030, all reusable packaging formats issued by distributors in the territory of a member state, according to paragraphs 4 to 6, must be taken back by that end distributor. By participating in a clearing system or integrating into a return logistics system such as a wholesale system for reusable packaging, the end distributor ensures that the reusable packaging, which was not put into circulation by them, completes its cycle and can be reused.
Amendment 2164 #
Proposal for a regulation
Article 27 – title
Article 27 – title
Rules on the calculation of the attainment of the re-use and refill targets
Amendment 2167 #
Proposal for a regulation
Article 27 – paragraph 2 – point a
Article 27 – paragraph 2 – point a
(a) the number of equivalent units of sales of beverages and food in reusable packaging within a system for re-use made available on the market within the territory of a Member State in a calendar year;
Amendment 2169 #
Proposal for a regulation
Article 27 – paragraph 2 – point b
Article 27 – paragraph 2 – point b
Amendment 2171 #
Proposal for a regulation
Article 27 – paragraph 2 – point c
Article 27 – paragraph 2 – point c
(c) the number of equivalent units of sales of beverages and food made available on the market within the territory of a Member State by other means than those referred to in points (a) and (b) in a calendar year.
Amendment 2178 #
Proposal for a regulation
Article 27 – paragraph 4 – subparagraph 1
Article 27 – paragraph 4 – subparagraph 1
By 31 December 20287, the Commission shall adopt implementingdelegated acts establishing detailed calculation rules and methodology regarding the targets set out in Article 26.
Amendment 2179 #
Proposal for a regulation
Article 27 – paragraph 4 – subparagraph 2
Article 27 – paragraph 4 – subparagraph 2
Amendment 2181 #
Proposal for a regulation
Article 28 – title
Article 28 – title
Reporting to the competent authorities on re-use and refill targets
Amendment 2183 #
Proposal for a regulation
Article 28 a (new)
Article 28 a (new)
Amendment 2187 #
Proposal for a regulation
Article 29 – title
Article 29 – title
Plastic and paper carrier bags
Amendment 2192 #
Proposal for a regulation
Article 29 – paragraph 1 – subparagraph 1
Article 29 – paragraph 1 – subparagraph 1
Member States shall take measures to achieve a sustained reduction in the consumption of lightweight and very lightweight plastic carrier bags on their territory.
Amendment 2196 #
Proposal for a regulation
Article 29 – paragraph 1 – subparagraph 2
Article 29 – paragraph 1 – subparagraph 2
A sustained reduction is achieved if the annual consumption does not exceed 40 lightweight and very lightweight plastic carrier bags per person, or the equivalent target in weight, by 31 December 2025, and subsequently by 31 December in each year thereafter.
Amendment 2208 #
Proposal for a regulation
Article 29 – paragraph 4 a (new)
Article 29 – paragraph 4 a (new)
4a. By 31 December 2027, the Commission shall prepare a report on the need and feasibility of reducing the use of paper carrier bags, regardless of their wall thickness, accompanied by a legislative proposal for a paper carrier bags reduction targets and measures to achieve these targets.
Amendment 2212 #
Proposal for a regulation
Article 33 – paragraph 1 a (new)
Article 33 – paragraph 1 a (new)
Amendment 2213 #
Proposal for a regulation
Article 33 – paragraph 1 b (new)
Article 33 – paragraph 1 b (new)
Certification Bodies entitled to issue certifications for the requirements under this Regulation, must be accredited by a National Accreditation Body of the Member States in compliance with ISO 17065:2012 designated in accordance with Regulation (EC) No. 765/2008.
Amendment 2226 #
Proposal for a regulation
Article 38 – paragraph 1 – point a
Article 38 – paragraph 1 – point a
(a) 510 % by 2030;
Amendment 2234 #
Proposal for a regulation
Article 38 – paragraph 1 – point b
Article 38 – paragraph 1 – point b
(b) 105 % by 2035;
Amendment 2238 #
Proposal for a regulation
Article 38 – paragraph 1 – point c
Article 38 – paragraph 1 – point c
(c) 1520 % by 2040.
Amendment 2248 #
Proposal for a regulation
Article 38 – paragraph 2
Article 38 – paragraph 2
2. Reduction of packaging waste shall be achieved for all packaging waste materials listed in Article 46. Member States shall implement measures aiming to prevent the generation of packaging waste and to minimise the environmental impact of packaging. By 2030, landfilling of packaging waste shall be prohibited.
Amendment 2255 #
Proposal for a regulation
Article 38 – paragraph 3
Article 38 – paragraph 3
3. For the purpose of paragraph 2, Member States may useintroduce measures that may include, but are not limited to, the use of economic instruments and other measures to provide incentives for the application of the waste hierarchy, such as measures referred to in Annexes IV and IVa to Directive 2008/98/EC, or other appropriate instruments and measures, including incentives through extended producer responsibility schemes and requirements on producers or producer responsibility organisations to adopt waste prevention plans. Such measures shall be proportionate and non- discriminatory and be designed so as to avoid barriers to trade or distortions of competition in conformity with the Treaty.
Amendment 2257 #
Proposal for a regulation
Article 38 – paragraph 3 a (new)
Article 38 – paragraph 3 a (new)
3a. Producers shall individually, or in cooperation with producer responsibility organisations, adopt waste prevention plans with the aim of waste prevention through reduction at source by material.
Amendment 2263 #
Proposal for a regulation
Article 38 – paragraph 4
Article 38 – paragraph 4
4. By [OP: Please insert the date = 8 years after the date of entry into force of this Regulation], the Commission shall review progress towards the targets laid down in paragraph 1. To that end, the Commission shall submit a report to the European Parliament and to the Council, accompanied, if the Commission finds it appropriate, by a legislative proposal to increase the targets.
Amendment 2267 #
Proposal for a regulation
Article 39 – paragraph 1 – subparagraph 2
Article 39 – paragraph 1 – subparagraph 2
The register shall provide links to other national registers of producers’ websites to facilitate, in all Member States, registration of producers or appointed representatives for the extended producer responsibility. The register shall be fully digital and easily accessible free of charge online by the public.
Amendment 2272 #
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. 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. Producers shall only place packaging on the market after complete registration with the register.
Amendment 2278 #
Proposal for a regulation
Article 39 – paragraph 10
Article 39 – paragraph 10
10. Where tThe information in the register of producers is notshall be publicly accessible,. Member States shall ensure that fulfilment service providers and providers of online platforms allowing consumers to conclude distance contracts with producers are granted online access, free of charge, to the information in the register, including through digital register excerpts.
Amendment 2280 #
Proposal for a regulation
Article 40 – paragraph 1 a (new)
Article 40 – paragraph 1 a (new)
1a. Extended producer responsibility schemes shall ensure that producers cover the costs of, amongst others, cleaning up littered packaging, measures to prevent packaging and packaging waste and measures to implement the reuse targets.
Amendment 2284 #
Proposal for a regulation
Article 40 – paragraph 3 – introductory part
Article 40 – paragraph 3 – introductory part
3. Providers of online platforms, falling within the scope of Section 4 of Chapter 3 of Regulation (EU) 2022/2065, allowing consumers to conclude distance contracts with producers shall obtain, as well as fulfilment service providers, shall obtain, such as via a digital register excerpt, the following information fromabout producers offering packaging to consumers located in the Union prior to allowing them to conclude sales on their platform or use their services:
Amendment 2286 #
Proposal for a regulation
Article 40 – paragraph 3 – point b
Article 40 – paragraph 3 – point b
(b) a self-certification by the producer committing to only offer packaging with regard to which information on compliance withe extended producer responsibility requirements referred to in paragraphs 1 and 2 of this article are complied with in the Member State where the consumer is located.
Amendment 2287 #
Proposal for a regulation
Article 40 – paragraph 3 a (new)
Article 40 – paragraph 3 a (new)
3a. Providers of online platforms and fulfilment service providers must not enable the offer of the product on the online platform and fulfilment service providers must not provide their services if the producer is not registered, or is not compliant with the extended producer responsibility requirements.
Amendment 2291 #
Proposal for a regulation
Article 40 – paragraph 3 b (new)
Article 40 – paragraph 3 b (new)
3b. Member States may maintain or introduce further requirements on extended producer responsibility.
Amendment 2293 #
Proposal for a regulation
Article 41 – paragraph 3
Article 41 – paragraph 3
3. Producer responsibility organisations shall ensure the confidentiality of the data in its possession as regards proprietary information or information directly attributable to individual producers or their appointed representatives, as well as information and data of the recyclers and the waste management operators.
Amendment 2294 #
Proposal for a regulation
Article 42 – paragraph 3 – point b
Article 42 – paragraph 3 – point b
(b) the measures put in place by the producer or producer responsibility organisation are sufficient to allow for the return or, collection, transport and treatment of all packaging waste in accordance with Article 43(1) and (2) and Article 44, free of charge, with a frequency proportionate to the area and volume covered, of packaging waste with regard to the amount and types of packaging made available on the market for the first time within the territory of a Member State by that producer or producers on whose behalf the producer responsibility organisation acts;
Amendment 2295 #
Proposal for a regulation
Article 42 – paragraph 3 – point e a (new)
Article 42 – paragraph 3 – point e a (new)
(ea) at least 10% of the budget generated under the EPR measures shall be invested in systems to prevent packaging and to promote pool-reuse systems;
Amendment 2296 #
Proposal for a regulation
Article 42 – paragraph 3 – point e b (new)
Article 42 – paragraph 3 – point e b (new)
(eb) the measures put in place by the producer or producer responsibility organisation covering the costs for cleaning up littered packaging in public spaces, the costs of waste collection for those products that are discarded in public collection systems, including the infrastructure and its operation, and the subsequent transport and treatment of that waste, as well as the implementation of prevention measures and targets to avoid packaging and packaging waste
Amendment 2309 #
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. 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. Producers shall only place packaging on the market after complete registration with the register.
Amendment 2317 #
Proposal for a regulation
Article 39 – paragraph 10
Article 39 – paragraph 10
10. Where tThe information in the register of producers is notshall be publicly accessible,. Member States shall ensure that fulfilment service providers and providers of online platforms allowing consumers to conclude distance contracts with producers are granted online access, free of charge, to the information in the register, including through digital register excerpts.
Amendment 2319 #
Proposal for a regulation
Article 40 – paragraph 1 a (new)
Article 40 – paragraph 1 a (new)
1a. Extended producer responsibility schemes shall ensure that producers cover the costs of, amongst others, cleaning up littered packaging, measures to prevent packaging and packaging waste and measures to implement the reuse targets.
Amendment 2321 #
Proposal for a regulation
Article 40 – paragraph 1 a (new)
Article 40 – paragraph 1 a (new)
1a. Extended producer responsibility schemes shall ensure that producers cover the costs of, amongst others, cleaning up littered packaging, measures to prevent packaging and packaging waste and measures to implement the reuse targets.
Amendment 2325 #
Proposal for a regulation
Article 40 – paragraph 3 – introductory part
Article 40 – paragraph 3 – introductory part
3. Providers of online platforms, falling within the scope of Section 4 of Chapter 3 of Regulation (EU) 2022/2065, allowing consumers to conclude distance contracts with producers shall obtain, as well as fulfilment service providers, shall obtain, such as via a digital register excerpt, the following information fromabout producers offering packaging to consumers located in the Union prior to allowing them to conclude sales on their platform or use their services:
Amendment 2327 #
Proposal for a regulation
Article 40 – paragraph 3 – introductory part
Article 40 – paragraph 3 – introductory part
3. Providers of online platforms, falling within the scope of Section 4 of Chapter 3 of Regulation (EU) 2022/2065, allowing consumers to conclude distance contracts with producers shall obtain, as well as fulfilment service providers, shall obtain, such as via a digital register excerpt, the following information fromabout producers offering packaging to consumers located in the Union prior to allowing them to conclude sales on their platform or use their services:
Amendment 2329 #
Proposal for a regulation
Article 40 – paragraph 3 – point b
Article 40 – paragraph 3 – point b
(b) a self-certification by the producer committing to only offer packaging with regard to which information on compliance withe extended producer responsibility requirements referred to in paragraphs 1 and 2 of this article are complied with in the Member State where the consumer is located.
Amendment 2330 #
Proposal for a regulation
Article 40 – paragraph 3 a (new)
Article 40 – paragraph 3 a (new)
3a. Providers of online platforms and fulfilment service providers must not enable the offer of the product on the online platform and fulfilment service providers must not provide their services if the producer is not registered, or is not compliant with the extended producer responsibility requirements.
Amendment 2335 #
Proposal for a regulation
Article 40 – paragraph 3 b (new)
Article 40 – paragraph 3 b (new)
3b. Member States may maintain or introduce further requirements on extended producer responsibility.
Amendment 2337 #
Proposal for a regulation
Article 41 – paragraph 3
Article 41 – paragraph 3
3. Producer responsibility organisations shall ensure the confidentiality of the data in its possession as regards proprietary information or information directly attributable to individual producers or their appointed representatives, as well as information and data of the recyclers and the waste management operators.
Amendment 2338 #
Proposal for a regulation
Article 41 – paragraph 3
Article 41 – paragraph 3
3. Producer responsibility organisations shall ensure the confidentiality of the data in its possession as regards proprietary information or information directly attributable to individual producers or their appointed representatives, as well as information and data of the recyclers and the waste management operators.
Amendment 2339 #
Proposal for a regulation
Article 42 – paragraph 3 – point b
Article 42 – paragraph 3 – point b
(b) the measures put in place by the producer or producer responsibility organisation are sufficient to allow for the return or, collection, transport and treatment of all packaging waste in accordance with Article 43(1) and (2) and Article 44, free of charge, with a frequency proportionate to the area and volume covered, of packaging waste with regard to the amount and types of packaging made available on the market for the first time within the territory of a Member State by that producer or producers on whose behalf the producer responsibility organisation acts;
Amendment 2340 #
Proposal for a regulation
Article 42 – paragraph 3 – point e a (new)
Article 42 – paragraph 3 – point e a (new)
(ea) at least 10% of the budget generated under the EPR measures shall be invested in systems to prevent packaging and to promote pool-reuse systems;
Amendment 2341 #
Proposal for a regulation
Article 42 – paragraph 3 – point e b (new)
Article 42 – paragraph 3 – point e b (new)
(eb) the measures put in place by the producer or producer responsibility organisation covering the costs for cleaning up littered packaging in public spaces, the costs of waste collection for those products that are discarded in public collection systems, including the infrastructure and its operation, and the subsequent transport and treatment of that waste, as well as the implementation of prevention measures and targets to avoid packaging and packaging waste
Amendment 2681 #
Proposal for a regulation
Annex II – Table 1 – row 2
Annex II – Table 1 – row 2
Amendment 2682 #
Proposal for a regulation
Annex II – Table 1 – row 4
Annex II – Table 1 – row 4
Including beverage and non-beverage cartons, plates and cups, i.e., Composite metallised or packaging of plastic 4 Paper/cardboard which the laminated majority is paper/ card, paper/cardboard liquid paperboard, paper/cardboard with plastic liners/ windows
Amendment 2683 #
Proposal for a regulation
Annex II – Table 1 – row 5
Annex II – Table 1 – row 5
Rigid packaging formats (aerosol (aerosolcans, cans, paint tins, 5 Metal Steel boxes, etc.) made of steel, including tinplate
Amendment 2686 #
Proposal for a regulation
Annex II – Table 1 – row 11 a (new)
Annex II – Table 1 – row 11 a (new)
Bottles and (11a) Plastic PET - rigid Opaque flasks
Amendment 2687 #
Proposal for a regulation
Annex II – Table 1 – row 12
Annex II – Table 1 – row 12
Rigid packaging other than bottles and 12 Plastic PET - rigid flasks (Includes Transparent pots, tubs and trays), aerosol cans
Amendment 2688 #
Proposal for a regulation
Annex II – Table 1 – row 26 a (new)
Annex II – Table 1 – row 26 a (new)
Rigid plastics used for (26a) Plastic industrial IBCs, drums packaging
Amendment 2689 #
Proposal for a regulation
Annex II – Table 1 – row 27 a (new)
Annex II – Table 1 – row 27 a (new)
Flexible plastics used (27a) Plastic for industrial FIBCs, bags packaging
Amendment 2693 #
Proposal for a regulation
Annex II – Table 2 – row 1
Annex II – Table 2 – row 1
Recyclability Assessment of recyclability per unit, in weight and according to Performance Grade the recyclability assessment in Article 6.
Amendment 2696 #
Grade A higher or equal to 95 % This packaging is fully compatible with the design for recycling criteria. The generated secondary raw materials is of comparable quality to virgin materials and can feed a closed- loop product scheme to be used in the same application.
Amendment 2699 #
Proposal for a regulation
Annex II – Table 2 – row 3
Annex II – Table 2 – row 3
Grade B higher or equal to 90 % The packaging has some minor recyclability issues that slightly affect the quality of the generated secondary raw material. However, the majority of the generated secondary raw material from this packaging can still potentially feed a closed material loop.
Amendment 2702 #
Proposal for a regulation
Annex II – Table 2 – row 4
Annex II – Table 2 – row 4
Grade C higher or equal to 80 % The packaging presents some recyclability issues that affect the quality of the generated secondary raw materials and may lead to material losses during recycling.
Amendment 2705 #
Proposal for a regulation
Annex II – Table 2 – row 5
Annex II – Table 2 – row 5
Grade D higher or equal to 70 % Lower than 80 % The packaging has significant design issues that highly affect its recyclability or imply large material losses during recycling, making the packaging not recyclable because of design issues.
Amendment 2708 #
Proposal for a regulation
Annex II – Table 2 – row 6
Annex II – Table 2 – row 6
Amendment 2709 #
Proposal for a regulation
Annex II – Table 2 a (new)
Annex II – Table 2 a (new)
Parameters to be considered when establishing design criteria for recycling under Article 6 Design for recycling Description criteria Additives The presence of additives in the packaging containers can lead to incorrect sorting of the packaging materials during the sorting process and contaminate the resulting secondary raw materials. Different types of plastic have a different density, which is used for the separation of materials in the sorting technology. If this specific density of a plastic type is artificially changed by adding density modifying materials (i.e. additives), the sorting process can no longer be used. A decisive limit is the density above or below 1 g/cm3. Labels/sleeves Full sleeves or sleeves in a package can lead to incorrect sorting during the sorting process and can degrade the quality of the secondary raw materials. For bottles, if the material of the sleeve is not identical to that of the bottle and/or the sleeve is printed all over, the colour of the bottle (e.g. transparent) cannot be assigned and sorted correctly. Closure systems and Closures that are not firmly attached to the packaging can increase small parts littering and also reduce the efficiency of the sorting and subsequent recycling processes. Small parts can be attached mechanically to enable easy removal in the sorting process. Plastic closures should be designed in such a way that they can be separated before disposal or during the sorting process. In PET bottles, if sealing foils are used, they must be easy to remove without leaving any residue Closures of PET bottles shall ideally have a density less than 1 g/cm3 to allow separation during the sorting or recycling process. From 2024 onwards, the adhesion of the closure (according to Article 6 of Directive 2019/904) must be guaranteed for the time of intended use for beverage containers up to 3 litres. Adhesives Adhesive components should be designed in such a way that they can be easily separated in the recycling process or by the end user (OR do not affect the efficiency of the sorting and recycling processes). The presence of adhesive residues on the packaging can downgrade the quality (purity) of the secondary raw materials. Adhesive materials containing metal or aluminum (with a layer thickness of > 5 µm) can lead to unwanted sorting into the metal fraction. Adhesives should be water washable to ensure separation from the main packaging and that no adhesive residue would remain. Colours Heavily dyed materials in paper or plastics can cause problems with regard to sorting and can downgrade the quality of secondary raw materials. For instance, carbon black-based dyes, can, in the context of infrared sorting detection during the plastics sorting process, lead to incorrect classification of the material, or the material being eliminated in the sorting process. However, there are already black and dark dyes available that can be detected with infrared and are not carbon-black based. Material Use of mono-materials or material combinations that permit easy composition separation and ensure high yield of secondary raw materials is preferable. Barriers /coatings The presence of barriers/coatings within the packaging can make recycling more difficult. However, if barrier requirements exist, materials such as silicon oxide or aluminium oxide can be used up to a certain percentage. For paper/carton packaging, coating should be avoided in principle. However, single-sided plastic coatings or plastic laminate can be used so to ensure fibre content in the best case higher than 95%. Inks / printing The use of inks with substances of concern hinders recycling, as those packaging units cannot be recycled. Printing inks when released can contaminate the recycling stream through the washing water. Likewise, printing inks, which are not released can impair the transparency of the recycling stream. Product residues / The design of the packaging should enable the easy emptying of its ease of emptying content and when disposed of should be in a fully drained condition. In fact, residues in the packaging can have negative effects on recycling fractions. Ease of dismantling Design approaches can facilitate the ease of dismantling of (design feature of packaging products into different parts, e.g. in parts that are rich in the packaging) valuable materials and/or hazardous substances. This helps to extract the target material from the packaging and thus increase the recyclability potential of the packaging.
Amendment 2712 #
Proposal for a regulation
Annex II – Table 2 a (new)
Annex II – Table 2 a (new)
Amendment 2715 #
Proposal for a regulation
Annex V – row 1
Annex V – row 1
Single-use Collation plastic Plastic packaging used at retail level to Collation films, shrink 1. group goods sold in bottles, cans, tins, pots, tubs, films, shrink Single-use and packets designed as convenience grouped wrap 1. plasticackaging tubs, and packets designed as convenience packaging to enable or encourage end users grouped to purchase more than one product. This packaging excludes grouped packaging necessary to facilitate handling in distribution.
Amendment 2723 #
Proposal for a regulation
Annex V – row 2
Annex V – row 2
Single use Nets, bags, plastic trays, packaging, containers Single use packaging for less than 1.5 kg single use Nets, bags, plastic fresh fruit and vegetables, unless there is a composite 2. trays, packaging, demonstrated need to avoid water loss or packaging or containers 2. single use turgidity loss, microbiological hazards or other single physical shocks. composite physical shocks as defined in the delegated packaging or act adopted in article 22 paragraph 2a. other single use packaging for fresh fruit and vegetables
Amendment 2734 #
Proposal for a regulation
Annex V – row 5
Annex V – row 5
Shampoo bottles, hand and body Single use 5. For cosmetics, hygiene and toiletry products lotion bottles, 5. hotel miniature of less than 50 ml for liquid products or products. sachets packaging less than 100g for non-liquid products. around miniature bar soap