Activities of Krzysztof JURGIEL related to 2022/0396(COD)
Shadow opinions (1)
OPINION on the proposal for a regulation of the European Parliament and of the Council on packaging and packaging waste, amending Regulation (EU) 2019/1020 and Directive (EU) 2019/904, and repealing Directive 94/62/EC
Amendments (68)
Amendment 178 #
Proposal for a regulation
Recital 69
Recital 69
(69) Certain uses of single use transport packaging formats are not necessary, as there is a wide range of well-functioning reusable alternatives. In order to ensure that such alternatives are effectively used, it is appropriate to require economic operators, when transporting products between different sites of the same economic operator or between the economic operator and the linked or partner enterprises, to use only reusable transport packaging with respect to packaging formats such as pallets, foldable plastic boxes, plastic crates, intermediate bulk containers, both rigid and flexible, or drums with no food contact. The same obligation should, for the same reasons, apply to economic operators transporting products within one Member State.
Amendment 191 #
Proposal for a regulation
Recital 104
Recital 104
(104) Given the nature of the products and the differences in their production and distribution systems, deposit and return systems should however not be obligatory for packaging for wine, aromatised wine products, spirit drinks and milk and milk products listed in Part XVI of Annex I of the Regulation (EU) No 1308/2013 of the European Parliament and of the Council67. Member States may establish deposit and return systems covering also other packaging. _________________ 67 Regulation (EU) No 1308/2013 of the European Parliament and of the Council of 17 December 2013 establishing a common organisation of the markets in agricultural products and repealing Council Regulations (EEC) No 922/72, (EEC) No 234/79, (EC) No 1037/2001 and (EC) No 1234/2007 (OJ L 347, 20.12.2013, p. 671).
Amendment 244 #
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 245 #
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; comparable quality with primary raw materials following the definition of recycling set in article 3 paragraph 17 of the Waste Framework Directive (2008/98/EC) and in line with article 47 paragraph 3 of this Regulation;
Amendment 247 #
Proposal for a regulation
Article 6 – paragraph 2 – subparagraph 2
Article 6 – paragraph 2 – subparagraph 2
Points (a) to (d) shall apply from5 years after the date of entry into force of the delegated act referred to in paragraph 4 and no earlier than 1 January 2030 and p. Point (e) shall apply from 1 January 2035. 5 years after the date of entry into force of the delegated act referred to in paragraph 6 and in any case no earlier than 5 years after the application of point (a).
Amendment 250 #
Proposal for a regulation
Article 6 – paragraph 3
Article 6 – paragraph 3
3. Recyclable packaging shall, from 1 January 2030, comply with the design for recycling criteria as laid down in the delegated acts adopted pursuant to paragraph 4 and, from 1 January 20355 years after the date of entry into force of the delegated acts referred to in paragraph 4 and in any case no earlier than 1 January 2030, recyclable packaging shall comply with the design for recycling criteria as laid down in the delegated acts adopted pursuant to paragraph 4. 5 years after the date of entry into force of the delegated act referred to in paragraph 6 and in any case no earlier than 5 years after the application of point (a) of paragraph 2, 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 258 #
Proposal for a regulation
Article 6 – paragraph 5 – subparagraph 1
Article 6 – paragraph 5 – subparagraph 1
Amendment 259 #
Proposal for a regulation
Article 6 – paragraph 5 – subparagraph 2
Article 6 – paragraph 5 – subparagraph 2
Amendment 269 #
Proposal for a regulation
Article 6 – paragraph 11
Article 6 – paragraph 11
11. The financial contributions to be paid by producers to comply with their extended producer responsibility obligations as referred to in Article 40 shall be modulated on the basis of the recyclability performance grade, as determined in accordance with the delegated acts referred to in paragraphs 4 and 6 of this Article and, as regards plastic packaging, also in accordance with the Article 7(6). Financial contributions shall be earmarked to finance the net cost of collection, sorting and recycling infrastructures of the packaging type it is paid for, following the categories set in Annex II, Table 1.
Amendment 271 #
Proposal for a regulation
Article 7 – paragraph 1 – introductory part
Article 7 – paragraph 1 – introductory part
1. From 1 January 2030, the plastic part in packaging shall contain5 years after the adoption of the implementing act laying down the methodology for the calculation and verification of the percentage of recycled content recovered from post- consumer plastic waste pursuant to paragraph 7 of Article 7 , the economic operators shall ensure the following minimum percentage of recycled content recovered from post- consumer plastic waste, per unit of packagingas an average of the overall portfolio of plastic packaging of the economic operator placed on the Union market that falls under the scope of these requirements:
Amendment 287 #
Proposal for a regulation
Article 7 – paragraph 1 – point d
Article 7 – paragraph 1 – point d
(d) 35 % for plastic packaging other than those referred to in points (a), (b) and (c).
Amendment 293 #
Proposal for a regulation
Article 7 – paragraph 2 – introductory part
Article 7 – paragraph 2 – introductory part
2. From 1 January 2040, the plastic part in packaging shall containeconomic operators shall ensure the following minimum percentage of recycled content recovered from post-consumer plastic waste, per unit of packagingas an average of the overall portfolio of plastic packaging of the economic operator placed on the Union market that falls under the scope of these requirements:
Amendment 305 #
Proposal for a regulation
Article 7 – paragraph 3 – point d a (new)
Article 7 – paragraph 3 – point d a (new)
(da) varnishes with food contact in cans;
Amendment 306 #
Proposal for a regulation
Article 7 – paragraph 3 – point d b (new)
Article 7 – paragraph 3 – point d b (new)
(db) packaging of which the plastic with food contact represents less than 5% to a maximum of 3 g in weight;
Amendment 307 #
Proposal for a regulation
Article 7 – paragraph 3 – point d d (new)
Article 7 – paragraph 3 – point d d (new)
(dd) reusable and refillable packaging placed on the EU market prior to the entry into force of the regulation.
Amendment 314 #
Proposal for a regulation
Article 7 – paragraph 7
Article 7 – paragraph 7
7. By 31 December 2026Within 12 months from the date of entry into force of this Regulation, the Commission is empowered toshall adopt implementing acts establishing the methodology for the calculation and verification of the percentage of recycled content recovered from post-consumer plastic waste, per unit of plastic packaging, and the format for the technical documentation referred to in Annex VII. An EU harmonized mass balance method shall be specified as part of all these implementing acts. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 59(3).
Amendment 319 #
Proposal for a regulation
Article 7 – paragraph 9 – subparagraph 1
Article 7 – paragraph 9 – subparagraph 1
By 1 January 20238, the Commission shall assess the need for derogations from the minimum percentage laid down in paragraph 12, points b and d a, for specific plastic packaging, or for the revision of the derogation established under paragraph 3 for specific plastic packaging.
Amendment 321 #
Proposal for a regulation
Article 7 – paragraph 9 – subparagraph 2 – introductory part
Article 7 – paragraph 9 – subparagraph 2 – introductory part
Based on thisese assessments, the Commission is empowered to adopt delegated acts in accordance with Article 58 to amend this Regulation in order to:
Amendment 324 #
Proposal for a regulation
Article 7 – paragraph 9 – subparagraph 2 – point a
Article 7 – paragraph 9 – subparagraph 2 – point a
(a) provide for derogations from the scope, timing or level of minimum percentage laid down in paragraph 1, points b and dparagraph 2 point a, for specific plastic packaging, and, as appropriate,
Amendment 363 #
Proposal for a regulation
Article 11 – paragraph 1 – subparagraph 1
Article 11 – paragraph 1 – subparagraph 1
From [OP: Please insert the date = 42 month5 years 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 packaging covered by a deposit or return system and transport packaging. However, it applies to e- commerce packaging.
Amendment 364 #
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,and set up after the entry into force of this Regulation shall be marked with a harmonised label established in the relevant implementing act adopted pursuant to paragraph 5.
Amendment 366 #
Proposal for a regulation
Article 11 – paragraph 2
Article 11 – paragraph 2
2. From [OP: Please insert the date = 48 month5 years after the date of entry into force of this Regulation], reusable packaging shall bear a label on packaging reusability andor a QR code or other type of digital data carrier that provides further information on packaging reusability 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.
Amendment 370 #
Proposal for a regulation
Article 11 – paragraph 4 – subparagraph 2
Article 11 – paragraph 4 – subparagraph 2
Where Union legislation requires information on the packaged product to be provided via a data carrier, a single data carrier shallmay be used for providing the information required for both the packaged product and the packaging.
Amendment 371 #
Proposal for a regulation
Article 11 – paragraph 8 a (new)
Article 11 – paragraph 8 a (new)
8a. Packaging put on the market before the dates mentioned in paragraphs 1, 2, 5 and 6 may be marketed until their end of life.
Amendment 387 #
Proposal for a regulation
Article 22 – paragraph 1
Article 22 – paragraph 1
1. Economic operators shall not place on the market packaging in the formats and for the purposes listed in Annex V, in line with Article 4 paragraph 2 of Waste Framework Directive.
Amendment 390 #
Proposal for a regulation
Article 22 – paragraph 2
Article 22 – paragraph 2
2. By way of derogation from paragraph 1, economic operators shall not place on the market packaging in the formats and for the purposes listed in point 1 and 3 of Annex V as of 1 January 2030.
Amendment 422 #
Proposal for a regulation
Article 26 – paragraph 2 – point a
Article 26 – paragraph 2 – point a
(a) from 1 January 2030, 20 % of those beverages are made availabfilled into reusable packagingcups within a system for re-use or by enabling refill;
Amendment 434 #
Proposal for a regulation
Article 26 – paragraph 3 – point b
Article 26 – paragraph 3 – point b
(b) from 1 January 2040, 40 % of those products are made availabfilled into reusable packagingcups within a system for re-use or by enabling refill.
Amendment 440 #
Proposal for a regulation
Article 26 – paragraph 4 – introductory part
Article 26 – paragraph 4 – introductory part
4. The manufacturer and the final distributoproducer making available on the market within the territory of a Member Statethe European Union in sales packaging alcoholic beverages in the form of beer, wine, spirits, carbonated alcoholic beverages, fermented beverages other than wine, aromatised wine products and fruit wine, products based on spirit drinks, wine or other fermented beverages mixed with beverages, soda, cider or juice, and non- alcoholic beverages in the form of water, water with added sugar, water with other sweetening matter, flavoured water, soft drinks, soda lemonade, iced tea and similar beverages which are immediately ready to drink, pure juice, juice or must of fruits or vegetables and smoothies without milk and non-alcoholic beverages containing milk fat shall ensure that:
Amendment 455 #
Proposal for a regulation
Article 26 – paragraph 5
Article 26 – paragraph 5
Amendment 464 #
Proposal for a regulation
Article 26 – paragraph 6
Article 26 – paragraph 6
Amendment 477 #
Proposal for a regulation
Article 26 – paragraph 7 – introductory part
Article 26 – paragraph 7 – introductory part
7. EBy January 1st 2030, economic operators using transport packaging within the territory of the European Union in the form of pallets, plastic crates, foldable plastic boxes, pails and drums for the conveyance or packaging of products in conditions other than provided for under paragraphs 12 and 13 and which are not in direct contact with food shall ensure that:
Amendment 493 #
Proposal for a regulation
Article 26 – paragraph 9 – point a
Article 26 – paragraph 9 – point a
(a) from 1 January 20305, 10 % of such packaging used is reusable packaging within a system for re-use;
Amendment 498 #
Proposal for a regulation
Article 26 – paragraph 9 – point b
Article 26 – paragraph 9 – point b
(b) from 1 January 20405, 30 % of such packaging used for transport is reusable packaging within a system for re-use;
Amendment 511 #
Proposal for a regulation
Article 26 – paragraph 12 – subparagraph 2
Article 26 – paragraph 12 – subparagraph 2
This obligation applies to pallets, boxes, excluding cardboard, trays, plastic crates, intermediate bulk containers, or drums with no food contact and canisters, of all sizes and materials, including flexible formats.
Amendment 522 #
Proposal for a regulation
Article 26 – paragraph 14 – point a
Article 26 – paragraph 14 – point a
(a) placed not more than 1000X kg of non- reusable packaging on the market; or
Amendment 523 #
Proposal for a regulation
Article 26 – paragraph 14 – point b
Article 26 – paragraph 14 – point b
(b) complied with the definition of micro-small 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].
Amendment 539 #
Proposal for a regulation
Article 26 – paragraph 17
Article 26 – paragraph 17
17. By 1 January 2030 or at the latest [OP: Please insert the date = 8 years after the date of entry into force of this Regulation], the Commission shall review the situation regarding reuse of packaging and, on this basis, assess the appropriateness of establishing measures, reviewing the targets laid down in this Article, and setting new targets for the reuse and refill of packaging, and where necessary present a legislative proposal.
Amendment 545 #
Proposal for a regulation
Article 27 – paragraph 2 – introductory part
Article 27 – paragraph 2 – introductory part
2. For the purpose of demonstrating the attainment of the targets laid down in Article 26(2) to (6), the final distributor, or manufacturer, as appropriate,manufacturer making available on the market such products within the territory of a Member Statethe European Union shall calculate, for each target separately, the following:
Amendment 546 #
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 Statethe European Union in a calendar year;
Amendment 548 #
Proposal for a regulation
Article 27 – paragraph 2 – point b
Article 27 – paragraph 2 – point b
(b) the number of equivalent units of sales of beverages and food made available on the market within the territory of a Member Statethe European Union in a calendar year through refill;
Amendment 550 #
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 Statethe European Union by other means than those referred to in points (a) and (b) in a calendar year.
Amendment 552 #
Proposal for a regulation
Article 27 – paragraph 4 – subparagraph 1
Article 27 – paragraph 4 – subparagraph 1
By 31 December 20285, the Commission shall adopt implementing acts establishing detailed calculation rules and methodology regarding the targets set out in Article 26.
Amendment 553 #
Proposal for a regulation
Article 27 – paragraph 4 – subparagraph 2 a (new)
Article 27 – paragraph 4 – subparagraph 2 a (new)
If the absence of implementing acts establishing detailed calculation rules and methodology regarding the targets set out in Article 26 by 31 December 2025, the targets shall be suspended until the Commission delivers the implementing acts foreseen in this paragraph. The targets set out in Article 26 shall apply 5 years after the adoption of the implementing acts of this paragraph.
Amendment 572 #
Proposal for a regulation
Article 44 – paragraph 2 – point a
Article 44 – paragraph 2 – point a
Amendment 581 #
Proposal for a regulation
Article 44 – paragraph 9 a (new)
Article 44 – paragraph 9 a (new)
9a. Deposit and return systems already in operation when this Ordinance enters into force are exempt from the requirements of paragraph 9.
Amendment 593 #
Beverage system capsules (e.g. coffee, cacao, milk) intended to be disposed after use.
Amendment 610 #
Proposal for a regulation
Annex VI – Part A – paragraph 1 – introductory part
Annex VI – Part A – paragraph 1 – introductory part
The following requirements apply for all new developed systems for re-use and shall be simultaneously satisfied:
Amendment 611 #
Proposal for a regulation
Annex VI – Part A – paragraph 1 – point h
Annex VI – Part A – paragraph 1 – point h
(h) design of the packaging is laid down in accordance with mutually agreed specifications or standards;the system specifications or standards as mutually agreed by all stakeholders or parties in the system
Amendment 612 #
Proposal for a regulation
Annex VI – Part A – paragraph 1 a (new)
Annex VI – Part A – paragraph 1 a (new)
To mitigate the risks of reducing the effectiveness of well-functioning, existing systems for reuse by introducing new requirements, the existing systems for reuse are excluded from the below requirements.
Amendment 613 #
Proposal for a regulation
Annex X – paragraph 2 – point d
Annex X – paragraph 2 – point d
(d) a minimumthe structure and value of the deposit level is established, which is sufficient to achieve the required collection rates by the operator of the system in a way to encourage consumers to return packaging;
Amendment 614 #
Proposal for a regulation
Annex X – paragraph 2 – point i – point iii a (new)
Annex X – paragraph 2 – point i – point iii a (new)
(iiia) definition of the obligations on manufacturers covered by the scheme;
Amendment 615 #
Proposal for a regulation
Annex X – paragraph 2 – point i – point iii b (new)
Annex X – paragraph 2 – point i – point iii b (new)
(iiib) definition of the take-back obligation of final distributors;
Amendment 616 #
Proposal for a regulation
Annex X – paragraph 2 – point i – point iii c (new)
Annex X – paragraph 2 – point i – point iii c (new)
(iiic) the measures taken to minimize fraud.
Amendment 617 #
Proposal for a regulation
Annex X – paragraph 2 – point j
Annex X – paragraph 2 – point j
(j) at least 1%part of the annual turnover of the system operator (excluding deposits) areis used for public awareness campaigns on the information on management of packaging waste covered by the DRS;
Amendment 618 #
Proposal for a regulation
Annex X – paragraph 2 – point l – introductory part
Annex X – paragraph 2 – point l – introductory part
(l) Member States ensure that final distributors are obligated to accept the deposit bearing packaging and provide end users with redeemed deposits. When implementing this obligation, Member States shall take into account at least the following factors:
Amendment 619 #
Proposal for a regulation
Annex X – paragraph 2 – point l – point i
Annex X – paragraph 2 – point l – point i
(i) sales surface area allowing end users to return deposit bearing packaging in their local conditions;
Amendment 620 #
Proposal for a regulation
Annex X – paragraph 2 – point l – point v – point a (new)
Annex X – paragraph 2 – point l – point v – point a (new)
(a) Any exception or partial exemption from point l) should be managed by the system operator, in collaboration with the Member State where the system is operated. The evolutions in the market should be taken into account in this exercise and potential exemptions should be revised on a regular basis;
Amendment 621 #
Proposal for a regulation
Annex X – paragraph 2 – point m
Annex X – paragraph 2 – point m
(m) the deposit iss and the pool of unredeemed deposits are exempted from sales taxes;
Amendment 622 #
Proposal for a regulation
Annex X – paragraph 2 – point o
Annex X – paragraph 2 – point o
(o) all deposit bearing packaging that is to be collected by the DRS is clearly labelled, so that the end users can easily identify the need to return such packaging;
Amendment 623 #
Proposal for a regulation
Annex X – paragraph 2 – point q
Annex X – paragraph 2 – point q
Amendment 624 #
Proposal for a regulation
Annex X – paragraph 2 – point q a (new)
Annex X – paragraph 2 – point q a (new)
Amendment 625 #
Proposal for a regulation
Annex X – paragraph 2 – point q b (new)
Annex X – paragraph 2 – point q b (new)
(qb) the economic operators financing and participating in the system are running the system in a non-for-profit structure;
Amendment 626 #
Proposal for a regulation
Annex X – paragraph 2 – point q c (new)
Annex X – paragraph 2 – point q c (new)
(qc) the deposit and return system is designed to promote recycling of packaging waste which meets the quality standards for the use of recycled materials in the relevant sectors covered by the system;
Amendment 627 #
Proposal for a regulation
Annex X – paragraph 2 – point q d (new)
Annex X – paragraph 2 – point q d (new)
(qd) the deposit and return system is set up with cost efficiency as one of the key principles. All participants in the system collaborate for the most optimal and cost- efficient implementation and are fairly compensated for the net costs incurred from dealing with the logistics of the system.
Amendment 628 #
Proposal for a regulation
Annex X – paragraph 2 – point q e (new)
Annex X – paragraph 2 – point q e (new)
(qe) revenues coming from the sales of the collected materials and the unredeemed deposits, stay in the system to cover both setup and operational costs.
Amendment 629 #
Proposal for a regulation
Annex X – paragraph 3
Annex X – paragraph 3
In addition to the minimum requirements, Member States may, in collaboration with the operators of the system, set additional requirements, as appropriate, in order to ensure the fulfilment of the objectives of this Regulation, in particular to increase the purity of the collected packaging waste, reduce litter or promote other circular economy objectivesincrease the purity of the collected packaging waste.
Amendment 634 #
Proposal for a regulation
Annex V – table 1 - row 1
Annex V – table 1 - row 1
Plastic packaging used at retail level to Collation Non- group goods sold in cans, tins, pots, tubs, films, shrink Single-userecyclable and packets designed as convenience wrap 1. plastic grouped 1 single-use packaging to enable or encourage end users packaging lastic grouped to purchase more than one product. This packaging excludes grouped packaging necessary to facilitate handling in distribution.