90 Amendments of Martin HLAVÁČEK related to 2022/0396(COD)
Amendment 91 #
Proposal for a regulation
Recital 6
Recital 6
(6) Plastic packaging is the most carbon-intensive material and, in terms of fossil fuel use, recycling of plastic waste is approximately five-times better than incineration with energy recovery35. Just as the European Strategy for Plastics36states, CEAP commits to increase uptake of recycled plastics and contribute to the more sustainable use of plastics. The Union budget and the system of own resources contribute to reducing pollution from plastic packaging waste37. As of 1 January 2021, the Council Decision (EU, Euratom) 2020/2053 of 14 December 2020 on the system of own resources of the European Union introduced a national contribution that is proportional to the quantity of plastic packaging waste that is not recycled in each Member State. This own resource is part of incentives to reduce the consumption of single-use plastics, foster recycling and boost the circular economy. The availability of high quality recycled plastics should be ensured through mechanical and chemical recycling of plastic waste and sustainable renewable biobased plastics. _________________ 35 Amadei A., Ardente F., Garcia-Gutierrez P., Klenert D., Nessi S., Tonini D., Tosches D., Saveyn H.(2022), Environmental and economic assessment of plastic waste recycling, Mechanical, physical and chemical recycling technologies, publication pending. 36 Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions A European Strategy for Plastics in a Circular Economy COM(2018)28 final. 37 Council Decision (EU, Euratom) 2020/2053 of 14 December 2020 on the system of own resources of the European Union and repealing Decision 2014/335/EU, Euratom COM (OJ L 424, 15.12.2020, p. 1).
Amendment 98 #
Proposal for a regulation
Recital 8
Recital 8
(8) The European Parliament’s Resolution of 10 February 2021 on the New Circular Economy Action Plan39reiterated the objective of making all packaging reusable or recyclable in an economically viable way by 2030 and called on the Commission to present a legislative proposal including waste reduction measures and targets and ambitious essential requirements in the Packaging and Packaging Waste Directive to reduce excessive packaging, including in e-commerce, improve recyclability and minimise the complexity of packaging, increase recycled content, phase out hazardous and harmful substances, and promote re-use without compromising food safety or hygiene standards. _________________ 39 https://www.europarl.europa.eu/doceo/doc ument/TA-9-2021-0040_EN.html
Amendment 104 #
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 final disposal. In order to increase the availability and quality of recyclates, the focus should be on the raw materials ability to retain its inherent material properties after recycling, and its ability to replace primary raw materials in future applications.
Amendment 105 #
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 packagingand recycling of packaging while delivering the best environmental outcome. Goals for reducing the amount of packaging and packaging waste must not cause or increase the risk for food waste and food safety. 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 final disposal.
Amendment 110 #
Proposal for a regulation
Recital 13
Recital 13
(13) Packaging should be designed, manufactured and commercialised in such a way as to allow for its re-use or high- quality recycling, and to minimise its impact on the environment during its entire life-cycle and the life cycle of products, for which it was designed. Deviations can be justified by the Waste Hierarchy according to Article 4 paragraph 2 of Directive 2008/98/EC.
Amendment 117 #
Proposal for a regulation
Recital 20
Recital 20
(20) Designing packaging with the objective of its recycling, once it becomes packaging waste, is one the most efficient measures to improve the packaging circularity and raise packaging recycling rates and the use of recycled content in packaging while ensuring packaging performs its functions as outlined in Article 3(1). A high standard of quality and the protection of intellectual property, which are important to safeguard the reputation which the Union's products have achieved on the global market and prevent the usurpation, imitation, evocation of geographical indication names and trademarks, must also be taken into account. Packaging design for recycling criteria have been established for a number of packaging formats under voluntary industry schemes or by some Member States for the purpose of the modulation of extended producer responsibility fees. In order to prevent barriers to the internal market and provide industry with a level playing field, and with the objective to promote the sustainability of packaging, it is important to set mandatory requirements regarding the recyclability of packaging, by harmonising the criteria and the methodology for assessing packaging recyclability based on a design for recycling methodology at the Union level. In order to meet the objective set out in the CEAP that, by 2030, all packaging should be recyclable or reusable, in an economically viable manner, packaging recyclability performance grades should be established based on design for recycling criteria for packaging categories as listed in Annex II. However, packaging should comply with them only as of 1 January 2030 in order to give sufficient time to the economic operators to adapt.
Amendment 118 #
Proposal for a regulation
Recital 20
Recital 20
(20) Designing packaging with the objective of its recycling, once it becomes packaging waste, is one the most efficient measures to improve the packaging circularity and raise packaging recycling rates and the use of recycled content in packaging. Packaging design for recycling criteria have been established for a number of packaging formats under voluntary industry schemes or by some Member States for the purpose of the modulation of extended producer responsibility fees. In order to prevent barriers to the internal market and provide industry with a level playing field, and with the objective to promote the sustainability of packaging, it is important to set mandatory requirements regarding the recyclability of packaging, by harmonising the criteria and the methodology for assessing packaging recyclability based on a design for recycling methodology at the Union level. In order to meet the objective set out in the CEAP that, by 2030, all packaging should be recyclable or reusable, in an economically viable manner, packaging recyclability performance grades should be established based on design for recycling criteria for packaging categories as listed in Annex II and assessment of material output from recycling technology to the input of waste from packaging type ratio by weight. To assess this the best available and commercially operated recycling technology should be considered and mass balance may be used where packaging is a part of wider waste stream. However, packaging should comply with them only as of 1 January 2030 in order to give sufficient time to the economic operators to adapt.
Amendment 130 #
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 packagingpackaging where plastics is the predominant material contains a certain minimum percentage of sustainable renewable content or recycled content recovered from post- consumer plastic waste calculated as an average of the plastic packaging placed on the territory of a Member State. This shall not apply to plastic packaging in contact with food if the recycled content poses a risk to food, human or animal safety.
Amendment 137 #
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 packaging, the share of recycled content recovered from 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 Council55. _________________ 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 143 #
Proposal for a regulation
Recital 36
Recital 36
(36) For limited packaging applications made of biodegradable plastic polymers, there is a demonstrable environmental benefit of using compostable packaging, which enters composting plants, including anaerobic digestion facilities under controlled conditions. Furthermore, where appropriate waste collection schemes and waste treatment infrastructures are available in a Member State, there should be a limited flexibility in deciding whether to mandate the use of compostable plastics for lightweight plastic carrier bags on its territory. In order to avoid consumer confusion about the correct disposal and considering the environmental benefit of circularity of the carbon, all other plastic packaging should go into material recycling and the design of such packaging should ensure that it does not affect the recyclability of other waste streams or endanger the quality or usability of compost in line with the requirements of the EN 13432.
Amendment 146 #
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, including those referred to in Article 3(1), and without compromising the need for a high standard of quality and the recognition and respect of intellectual property rights. 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, as set out in Article 9,this should not compromise product or packaging specifications for craft and industrial products and food, wine, spirit drinks, other alcoholic beverages and agricultural products that are registered andor protected under the EU geographical indication protection scheme, products of a distinctive origin as part of the Union’s objective to protect intellectual property 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. The minimisation of packaging should not limit the format of packaging of foodstuffs, which are necessary to protect them from physical shocks contamination and microbes. _________________ 57 Packaging – Requirements specific to manufacturing and composition – Prevention by source reduction.
Amendment 150 #
Proposal for a regulation
Recital 42
Recital 42
(42) In order to facilitate conformity assessment with requirements on packaging minimisation, it is necessary to provide presumption of conformity for packaging which is in conformity with harmonised standards adopted in accordance with Regulation (EU) No 1025/2012 for the purpose of expressing detailed technical specifications of those requirements and specify measurable design criteria, including where appropriate, maximum weight or empty space limits for specific packaging formats as well as by-default, standardised packaging designs that comply with the packaging minimisation requirement. without compromising the requirements or safety needed for packaging materials in contact with food.
Amendment 152 #
Proposal for a regulation
Recital 43
Recital 43
(43) To promote the circularity and sustainable use of packaging, reusable packaging and systems for re-use should be incentivised without posing a risk for food safety or food quality. For that purpose, it is necessary to clarify the notion of reusable packaging and to ensure that it is linked not only to the packaging design, which should enable a maximum number of trips or rotations and maintaining the safety, quality and hygiene requirements when being emptied, unloaded, refilled or reloaded, but also to the setting up of systems for re-use respecting minimum requirements as set out in this Regulation. Energy logistics and increased amount of water used should be taken into account and evaluated if the re-use system is economically feasible. Member states should be allowed to deviate from these provisions if justified from the environmental perspective or wide scale recycling systems are applied in the Member state. In order to facilitate conformity assessment with requirements on reusable packaging, it is necessary to provide for presumption of conformity for packaging which is in conformity with harmonised standards adopted in accordance with Regulation (EU) No 1025/2012 for the purpose of expressing detailed technical specifications of those requirements and define reusable packaging criteria and formats, including minimum number of trips or rotations, standardised designs, as well as requirements for systems for re-use, including hygiene requirements.
Amendment 157 #
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 using 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 40 %. Air between or within particles of packed foodstuff or protective gases are not considered an empty space. 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 162 #
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 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 unless such packaging is necessary to protect the quality, hygiene and food safety of the product and to avoid food waste and contamination risks. The list of such packaging formats is provided in Annex V of this Regulation. In order to adapt the list to the technical and scientific progress the power to adopt acts in accordance with Article 290 of the Treaty should be delegated to the Commission to amend the list.
Amendment 168 #
Proposal for a regulation
Recital 63
Recital 63
(63) Reusable packaging has to be safe for its users and guarantee that food safety and hygiene requirements are not compromised as packaging plays an important role in the preservation and protection of food and product. Therefore, economic operators offering their products in reusable packaging have to ensure that, before a reusable packaging is used again, it is subject to a reconditioning process, for which requirements should be laid down.
Amendment 171 #
Proposal for a regulation
Recital 67
Recital 67
(67) In order to reduce the increasing proportion of packaging that is single use and the growing amounts of packaging waste generated, it is necessary to establish quantitative re-use and refill targets on packaging in sectors, which have been assessed as having the greatest potential for packaging waste reduction, namely food and beverages for take-away, large-white goods and transport packaging. This was appraised based on factors such as existing systems for re-use, necessity of using packaging and the possibility of fulfilling the functional requirements in terms of containment, tidiness, health, hygiene and safety. Differences of the products and their production and distribution systems, were also taken into account. The setting of the targets is expected to support the innovation and increase the proportion of re-use and refill solutions. The use of single use packaging for food and beverages filled and consumed within the premises in the HORECA sector should not be allowed, unless the recyclable single use packaging delivers a better overall environmental outcome which is justified by life-cycle thinking and impacts for health and safety is not compromised, in line with Article 4 paragraph 2 of Directive 2008/98/EC.
Amendment 174 #
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 and decide based on thorough consideration of logistics, environmental, technical, industrial and consumer criteria. 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. A detailed assessment should be carried out to ensure that reuse targets can be implemented in a safe, economically viable and environmentally sustainable way that would bring tangible benefits compared to recyclable alternatives. 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 175 #
Proposal for a regulation
Recital 69
Recital 69
(69) Certain uses of single use transport packaging formats are not necessary, as there is a wide range of well-functioning reusable alternatives. In order to ensure that such alternatives are effectively used, it is appropriate to require economic operators, when transporting products between different sites of the same economic operator or between the economic operator and the linked or partner enterprises, to use only reusable transport packaging with respect to packaging formats such as pallets, foldable plastic boxes, plastic crates, intermediate bulk containers, both rigid and flexible, or drums. The same obligation should, for the same reasons, apply to economic operators transporting products within one Member State. In line with the Article 4 paragraph 2 of Directive 2008/98/EC, deviations must be possible for recyclable single use \000000EN.doc 33/80 EN packaging, if it provides a better overall environmental outcome justified by the life-cycle thinking. Member states may have regulate typical appropriate deviations reflecting local conditions.
Amendment 179 #
Proposal for a regulation
Recital 70
Recital 70
(70) Achieving re-use and refill targets can be challenging for smaller economic operators. Therefore, certain economic operators should be exempted from the obligation to meet the packaging re-use targets if they place less than a certain volume of packaging on the market, or fulfil the definition of micro-company under Commission Recommendation 2003/36160, or have the sales area, including all storage and dispatch areas, under a certain surface limit. The power to adopt acts in accordance with Article 290 of the Treaty should be delegated to the Commission to establish re-use and refill targets for other products, to lay down further exemptions for other economic operators or to exempt specific packaging formats covered by the reuse or refill targets in case of severe hygiene, food safety or environmental issues preventing the achievement of these targets. Delegated acts should be in line with Article 4 paragraph 2 of Directive 2008/98/EC by enabling deviations justified by the best environmental outcome and life cycle thinking. _________________ 60 Commission Recommendation of 6 May 2003 concerning the definition of micro, small and medium-sized enterprises (notified under document number C(2003) 1422) (OJ L 124, 20.5.2003, p. 36).
Amendment 183 #
Proposal for a regulation
Recital 90
Recital 90
(90) Waste prevention is the most efficient way to improve resource efficiency and to reduce the environmental impact of waste. It is important therefore that economic operators take appropriate measures to reduce the waste generation by eliminating excessive packaging and restrict the uses of certain packaging formats, unless the packaging is essential in preventing food waste or ensuring consumer safety, extending the life span of packaging, re-designing products so that no packaging or less packaging can be used, including bulk sales, and by shifting where beneficial to the environment and where this does not call into question the benefits on the prevention of food waste or ensuring consumer safety, from single use packaging to reusable packaging.
Amendment 194 #
Proposal for a regulation
Recital 108
Recital 108
(108) As a specific packaging waste generation prevention measure, Member States should actively encourage the re-use and refill solutions, unless the use of easily and highly recyclable single-use packaging is shown to be better option according to a life cycle assessment. They should support the establishment of systems for re-use and refill and monitor their functioning and compliance with the hygiene standards. Member States are encouraged to take also other measures, such as setting up deposit and return systems covering reusable packaging formats, using economic incentives or establishing requirements for final distributors to make available a certain percentage of other products than those covered by re-use and refill targets in reusable packaging or through refill provided that such requirements will not result in fragmentation of single market and creation of trade barriers.
Amendment 198 #
Proposal for a regulation
Article 1 – paragraph 3
Article 1 – paragraph 3
3. This Regulation contributes to the transition to a circular economy and achieving climate neutrality by 2050, by laying down measures in line with the hierarchy of waste in accordance with Article 4 of Directive 2008/98/EC and by taking into account the possibilities of a biobased economy in accordance with Bioeconomy Action Plan.
Amendment 200 #
Proposal for a regulation
Article 3 – paragraph 1 – point 1 – point f
Article 3 – paragraph 1 – point 1 – point f
(f) tea orcompostable coffee bags and system single-serve units or tea bags necessary to contain a tea or coffeecoffee or tea product and intended to be used and disposed of together with the product;
Amendment 201 #
Proposal for a regulation
Article 3 – paragraph 1 – point 1 – point f
Article 3 – paragraph 1 – point 1 – point f
(f) tea or coffeecompostable coffee and tea bags necessary to contain a tea or coffee product and intended to be used and disposed of together with the product;
Amendment 206 #
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 for the same purpose for which it was conceived as part of a broader reuse system, with or without the support of auxiliary products, including refill- and dilute-at-home solutions;
Amendment 210 #
Proposal for a regulation
Article 3 – paragraph 1 – point 28
Article 3 – paragraph 1 – point 28
(28) ‘refill’ means an operation entailing a system for refill by which an end user fills its own a container, which fulfils the packaging function, with a product or several products offered by the final distributor in the context of a commercial transactionpurchased through a final distributor;
Amendment 225 #
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(4), and does not hinder the separate collection and the composting process or activity into which it is introduced in industrially controlled conditions and has to fulfil the requirements laid down in the standards of EN 13432;
Amendment 227 #
Proposal for a regulation
Article 3 – paragraph 1 – point 43 a (new)
Article 3 – paragraph 1 – point 43 a (new)
(43a) ‘plastic packaging’ means a packaging that is wholly or predominantly made of plastic;
Amendment 254 #
Proposal for a regulation
Article 6 – paragraph 4 – subparagraph 1
Article 6 – paragraph 4 – subparagraph 1
The Commission is empowered to adopt delegated acts in accordance with Article 58 to supplement this Regulation in order to establish design for recycling criteria and recycling performance grades based on the criteria and parameters listed in Table 2 of Annex II for packaging categories listed in Table 1 of that Annex, as well as rules concerning the modulation of financial contributions to be paid by producers to comply with their extended producer responsibility obligations set out in Article 40(1), based on the packaging recycling performance grade, and for plastic packaging, the percentage of recycled content. Design-for-recycling criteria shall consider state of the art collection, sorting and recycling processes and shallensuring that packaging is able to perform its functions as outlined in Article 3(1) and covers all packaging components.
Amendment 261 #
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, evaluated directly or through mass balance as material yield from waste input achieved in commercially operated and available recycling technology, in recyclability performance grades from A to E, as described in Table 3 of Annex II, based on the percentage of the packaging unit, in weight, which is recyclable according to paragraph 1;
Amendment 272 #
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 packagingpackaging where plastics is the predominant material shall contain the following minimum percentage of recycled content recovered from post-consumer plastic waste, per unit of packagingor sustainable renewable content, either mechanically or chemically recovered from post-consumer plastic waste calculated as an average of the plastic packaging placed to the market on the territory of a Member State:
Amendment 281 #
Proposal for a regulation
Article 7 – paragraph 1 – point a
Article 7 – paragraph 1 – point a
(a) 310 % for contact sensitive plastic packaging made from polyethylene terephthalate (PET) as the major component;
Amendment 283 #
Proposal for a regulation
Article 7 – paragraph 1 – point b
Article 7 – paragraph 1 – point b
Amendment 285 #
Proposal for a regulation
Article 7 – paragraph 1 – point b
Article 7 – paragraph 1 – point b
(b) 10 % for contact sensitive plastic packaging made from plastic materials other than PET, except single use plastic beverage bottles;
Amendment 286 #
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), except for contact sensitive plastic packaging made from plastic materials other than PET.
Amendment 292 #
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 packagingpackaging where plastics is the predominant material shall contain the following minimum percentage of recycled content recovered from post-consumer plastic waste, per unit of packagingor sustainable renewable content, either mechanically or chemically recovered from post-consumer plastic waste calculated as an average of the plastic packaging placed by a producer on the territory of a Member State:
Amendment 294 #
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 placed on the market, shall contain the following minimum percentage of recycled content recovered from post-consumer plastic waste, per unit of packaging:
Amendment 300 #
Proposal for a regulation
Article 7 – paragraph 2 – point a
Article 7 – paragraph 2 – point a
Amendment 308 #
Proposal for a regulation
Article 7 – paragraph 3 a (new)
Article 7 – paragraph 3 a (new)
3a. (da) packaging for infants, baby food, food for special medical purposes or packaging for drinks or foods typically used for young children as defined in Article 1 point (a), (b) and (c) of Regulation (EU) No 609/2013.
Amendment 311 #
Proposal for a regulation
Article 7 – paragraph 4
Article 7 – paragraph 4
4. Paragraphs 1 and 2 shall not apply to compostable plasticor bio-based plastic packaging, as well as inks, adhesives, varnishes and coatings used on packaging.
Amendment 318 #
Proposal for a regulation
Article 7 – paragraph 7
Article 7 – paragraph 7
7. By 31 December 2026, the Commission is empowered to adopt implementing acts establishing the methodology for the calculation and verification of the percentage of recycled content recovered from post-consumer plastic waste, per unit of plastic packaging, and the format for the technical documentation referred to in Annex VII. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 59(3).
Amendment 330 #
Proposal for a regulation
Article 8 – paragraph 1
Article 8 – paragraph 1
1. By [OP: please insert the date = 24 months from the entry into force of this Regulation], packaging referred to in Article 3(1), points (f) and (g), sticky labels attached to fruit and vegetables and very lightweight plastic carrier bags shall be compostable in industrially controlled conditions in bio- waste treatment facilities. in line with the standard EN 13432:2000 to not to affect the quality of compost or pose contamination risks.
Amendment 343 #
Proposal for a regulation
Article 9 – paragraph 1
Article 9 – paragraph 1
1. Packaging shall be designed so that its weight and volume is reduced to the minimum necessary for ensuring its functionality taking account of the material that the packaging is made ofas listed in the definition of packaging set out in Article 3(1) taking account of the material that the packaging is made of, a specific shape or design protected by intellectual property rights, to help distinguish and protect a product to ensure the safety of the consumer and to protect the GIs and other products of distinctive origin protected under Union law.
Amendment 355 #
Proposal for a regulation
Article 9 – paragraph 3 – subparagraph 2
Article 9 – paragraph 3 – subparagraph 2
For the purpose of assessing the compliance with this paragraph, space filled by paper cuttings, air cushions, bubble wraps, sponge fillers, foam fillers, wood wool, polystyrene, styrofoam chips or other filling materials shall be considered as empty space. Air between or within particles of packed foodstuff or protective gases are not considered an empty space.
Amendment 377 #
Proposal for a regulation
Article 21 – paragraph 2 – subparagraph 1 – introductory part
Article 21 – paragraph 2 – subparagraph 1 – introductory part
For the purpose of this calculation, ’empty space’ means:
Amendment 378 #
Proposal for a regulation
Article 21 – paragraph 2 – subparagraph 1 – point a
Article 21 – paragraph 2 – subparagraph 1 – point a
(a) empty spacewith respect to shall meanes packaging: the difference between the total volume of grouped packaging, transport packaging or e-commercesales packaging and the total volume of sales packaging contained thereingoods in this packaging;
Amendment 379 #
Proposal for a regulation
Article 21 – paragraph 2 – subparagraph 1 – point b
Article 21 – paragraph 2 – subparagraph 1 – point b
(b) empty space ratio shall mean the ratio of the empty space as defined in point (a) of this paragraph andwith respect to grouped packaging, transport packaging and e-commerce packaging: the difference between the total volume of the grouped packaging, transport packaging or e-commerce packaging. and the volume of sales packaging contained therein;
Amendment 380 #
Proposal for a regulation
Article 21 – paragraph 2 – subparagraph 2
Article 21 – paragraph 2 – subparagraph 2
Space filled by filling materials such as paper cuttings, air cushions, bubble wraps, sponge fillers, foam fillers, wood wool, polystyrene or Styrofoam chips, shall be considered as empty space. In addition, if the shape of the product causes a situation where minimizing the empty space would lead to an increase of the amount of packaging material, it is possible to deviate from the principle of an empty space by minimizing the amount of packaging material.
Amendment 386 #
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, unless such placing on the market is in line with paragraph 2 of Article 4 of Directive 2008/98/EC.
Amendment 402 #
4. The Commission shall be empowered to adopt delegated acts in accordance with Article 58 to amend Annex V in order to adapt it to technical and scientific progress with the objective to reducing packaging waste and improving the overall environmental outcome in line with paragraph 2 of Article 4 of Directive 2008/98/EC. 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 411 #
Proposal for a regulation
Article 26 – paragraph 1
Article 26 – paragraph 1
1. From 1 January 2030, economic operators making large household appliances listed in point 21 of Annex II to Directive 2012/19/EU available on the market for the first time within the territory of a Member State shall ensure that 90 % of those products are made available in reusable transport packaging, excluding cardboard, within a system for re-use.
Amendment 412 #
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 414 #
Proposal for a regulation
Article 26 – paragraph 1 a (new)
Article 26 – paragraph 1 a (new)
1a. This provision shall not apply to highly recyclable packaging collected and recycled or to well-functioning national deposit and return system defined in the Article 3(51).
Amendment 417 #
Proposal for a regulation
Article 26 – paragraph 2
Article 26 – paragraph 2
Amendment 418 #
Proposal for a regulation
Article 26 – paragraph 2 – introductory part
Article 26 – paragraph 2 – introductory part
Amendment 421 #
Proposal for a regulation
Article 26 – paragraph 2 – point a
Article 26 – paragraph 2 – point a
Amendment 424 #
Proposal for a regulation
Article 26 – paragraph 2 – point b
Article 26 – paragraph 2 – point b
Amendment 427 #
Proposal for a regulation
Article 26 – paragraph 3
Article 26 – paragraph 3
Amendment 428 #
Proposal for a regulation
Article 26 – paragraph 3 – introductory part
Article 26 – paragraph 3 – introductory part
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:deleted
Amendment 431 #
Proposal for a regulation
Article 26 – paragraph 3 – point a
Article 26 – paragraph 3 – point a
Amendment 433 #
Proposal for a regulation
Article 26 – paragraph 3 – point b
Article 26 – paragraph 3 – point b
Amendment 439 #
Proposal for a regulation
Article 26 – paragraph 4 – introductory part
Article 26 – paragraph 4 – introductory part
Amendment 444 #
Proposal for a regulation
Article 26 – paragraph 4 – point a
Article 26 – paragraph 4 – point a
Amendment 446 #
Proposal for a regulation
Article 26 – paragraph 4 – point b
Article 26 – paragraph 4 – point b
Amendment 447 #
Proposal for a regulation
Article 26 – paragraph 4 – subparagraph 1 (new)
Article 26 – paragraph 4 – subparagraph 1 (new)
This provision shall not apply to highly recyclable packaging collected and recycled in close loop or to well- functioning national deposit and return system defined in the Article 3(51).
Amendment 456 #
Proposal for a regulation
Article 26 – paragraph 5
Article 26 – paragraph 5
Amendment 465 #
Proposal for a regulation
Article 26 – paragraph 6 – introductory part
Article 26 – paragraph 6 – introductory part
Amendment 467 #
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, shall ensure that:
Amendment 468 #
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 fatwith the exception of drinks and beverages that are highly perishable in line with Regulation (EU) 1169/2011 such as fruit juices, smoothies, milk and plant-based drinks, shall ensure that:
Amendment 471 #
Proposal for a regulation
Article 26 – paragraph 6 – point a
Article 26 – paragraph 6 – point a
Amendment 473 #
Proposal for a regulation
Article 26 – paragraph 6 – point b
Article 26 – paragraph 6 – point b
Amendment 479 #
Proposal for a regulation
Article 26 – paragraph 7 – introductory part
Article 26 – paragraph 7 – introductory part
7. Economic operators using transport packaging 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 483 #
Proposal for a regulation
Article 26 – paragraph 8 – point a
Article 26 – paragraph 8 – point a
(a) from 1 January 2030, 10 % of such packaging used is reusable packaging within a system for re-use or contains a minimum of 90% recycled content;
Amendment 488 #
Proposal for a regulation
Article 26 – paragraph 8 – point b
Article 26 – paragraph 8 – point b
(b) from 1 January 2040, 50 % of such packaging used is reusable packaging within a system for re-use or contains a minimum of 90% recycled content;
Amendment 491 #
Proposal for a regulation
Article 26 – paragraph 8 – point b
Article 26 – paragraph 8 – point b
(b) from 1 January 2040, 530 % of such packaging used is reusable packaging within a system for re-use;
Amendment 499 #
Proposal for a regulation
Article 26 – paragraph 10 – introductory part
Article 26 – paragraph 10 – introductory part
10. Economic operators using grouped packaging in the form of boxes, excluding cardboard, used outside of sales packaging to group a certain number of products to create a stock-keeping or distribution unit shall ensure that:
Amendment 508 #
Proposal for a regulation
Article 26 – paragraph 12 – subparagraph 2
Article 26 – paragraph 12 – subparagraph 2
This obligation applies to pallets, boxes, excluding cardboard, trays, plastic crates, intermediate bulk containers, drums and canisters, of all sizes and materials, including flexible formats not in direct contact with food, including flexible formats. In addition, with accordance with Article 4 paragraph 2 of Directive 2008/98/EC, this obligation shall not apply to economic operators using fully recyclable or recycled transport packaging for which recycling is organized by the economic operator and for which reusable solutions are not economically or technically feasible and whose recycling can be demonstrated that recycling works in practice.
Amendment 513 #
Proposal for a regulation
Article 26 – paragraph 12 – subparagraph 2
Article 26 – paragraph 12 – subparagraph 2
This obligation applies to pallets, boxes, excluding cardboard, trays, plastic crates, intermediate bulk containers, drums and canisters, of all sizes and materials, excluding cardboard and including flexible formats.
Amendment 516 #
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. not in direct contact with food, including flexible formats. In addition, with accordance with Article 4 paragraph 2 of Directive 2008/98/EC, this obligation shall not apply to economic operators using fully recyclable or recycled transport packaging for which recycling is organized by the economic operator and for which reusable solutions are not economically or technically feasible and whose recycling can be demonstrated that recycling works in practice.
Amendment 520 #
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, excluding cardboard and including flexible formats.
Amendment 525 #
Proposal for a regulation
Article 26 – paragraph 15
Article 26 – paragraph 15
15. Economic operators shall be exempted from the obligation to meet the targets in paragraphs 2 to 6 if,: (a) during a calendar year, they have a sales area of not more than 100 m2, including also all storage and dispatch areas; (b) reuse is not the option that delivers the best overall environmental outcome justified by life-cycle thinking provided for in paragraph 2 of Article 4 of Directive 2008/98/EC.
Amendment 527 #
Proposal for a regulation
Article 26 – paragraph 15
Article 26 – paragraph 15
15. Economic operators shall be exempted from the obligation to meet the targets in paragraphs 2 to 6 if, during a calendar year, they have a sales area of not more than 100 m2, including also all storage and dispatch areas. or if it is not technically feasible to use reusable packaging or to obtain access to the infrastructure necessary for the functioning of a reuse system.
Amendment 544 #
Proposal for a regulation
Article 26 – paragraph 17 a (new)
Article 26 – paragraph 17 a (new)
17a. The targets laid down in this Article shall be met by economic operators without prejudice to requirements on health, safety and hygiene, including product safety and provided that this delivers a better overall environmental outcome and is justified by life-cycle thinking, in line with the hierarchy of waste as defined in Article 4 of Directive 2008/98/EC.
Amendment 551 #
Proposal for a regulation
Article 27 – paragraph 4 – subparagraph 1
Article 27 – paragraph 4 – subparagraph 1
By 31 December 20286, the Commission shall adopt implementing acts establishing detailed calculation rules and methodology regarding the targets set out in Article 26.
Amendment 563 #
Proposal for a regulation
Article 43 – paragraph 3 a (new)
Article 43 – paragraph 3 a (new)
3a. By 1 January 2029, the final distributor making available on the market food and beverages filled and consumed within the premises in the HORECA sector shall ensure that separate collection systems are set up for the different fractions of packaging waste materials, to help the consumer sort packaging waste.
Amendment 564 #
Proposal for a regulation
Article 43 – paragraph 3 b (new)
Article 43 – paragraph 3 b (new)
3b. By 1 January 2029, Member states shall ensure that, in public spaces, separate collection systems are set up for the different fractions of packaging waste materials used in sales packaging in the market of food and beverages filled and consumed for take-away, to help the consumer sort packaging waste.
Amendment 576 #
Proposal for a regulation
Article 44 – paragraph 3 – point a
Article 44 – paragraph 3 – point a
(a) the rate of separate collection as required under Article 43(3) and (4) of the respective packaging format as reported to the Commission under Article 50(1) point (c) is above 90 % by weight of such packaging placed on the market on the territory of that Member State in the calendar years 2026 and 20279. Where such reporting has not yet been submitted to the Commission, the Member State shall provide a reasoned justification, based on validated national data, and description of the implemented measures, that the conditions for the exemption set out in this paragraph are fulfilled;
Amendment 579 #
Proposal for a regulation
Article 44 – paragraph 5
Article 44 – paragraph 5
5. If the separate collection rate of the packaging referred to in paragraph 1 in a Member State concerned decreases and remains below 90 % by weight of a given packaging format placed on the market for three consecutive calendar years, the Commission shall notify the Member State concerned that the exemption no longer applies. The deposit and return system shall be established by 1 January in the seconthird calendar year following the year in which the Commission notified the Member State concerned that the exemption no longer applies.
Amendment 637 #
Proposal for a regulation
Annex V – table 1 – row 2
Annex V – table 1 – row 2