Activities of Karen MELCHIOR related to 2022/0396(COD)
Plenary speeches (1)
Packaging and packaging waste (debate)
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 (83)
Amendment 108 #
Proposal for a regulation
Citation 5 a (new)
Citation 5 a (new)
having regard for the European Commission DG Environment project "Relevance of Biodegradable and Compostable Consumer Plastic Products and Packaging in a Circular Economy" (Framework Contract No. ENV.B.37FRA/2017/005).
Amendment 133 #
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 eEconomic operators and Member States sufficient time tohould collect and report the necessary data to establish the “at scale” recycling methodology, and the manufacturers should ensure that packaging is recycled at scale as of 20350. That should ensure that packaging complies with the design for recycling criteria, and is also recycled in practice on the basis of the state of the art processes for separate collection, sorting and recycling as laid down in the new Circular Economy Action Plan (COM/2020/98).
Amendment 162 #
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, tThis should not compromise product specifications for craft and industrial products and food, beverages and agricultural products that are registered and protected under the EU intellectual property rights, including geographical indication protection scheme, as part of the Union’s objective to protect cultural heritage and traditional know-how. These products shall nevertheless aim to optimise packaging weight in line with the overall ambitions of this proposal. 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 192 #
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 %. In line with the waste hierarchy and to incentivise packaging waste reduction, it should be possible for economic operators using sales packaging as e-commerce packaging to be exempted from this obligation.
Amendment 195 #
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 pre-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 of this Regulationvention targets set out in this regulation. Furthermore, reuse and refill may be promoted by considering secondary packaging functionalities in packaging and product design, allowing end users at scale to deploy packing for other purposes, inter alia as seen in the German user at scale of mustards single- use glass containers as drinking vessels, or plastic and cardboard packaging inserts in LEGO sales packaging replacing sorting bags, with designed to meet end users secondary needs for containers used to conveniently sort and store bricks.
Amendment 205 #
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 212 #
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 encouraging economic operators to offer the end users further possibilities to refill, as well as by encouraging and incentivising the use of sales packaging as e-commerce packaging. 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 217 #
Proposal for a regulation
Recital 102 b (new)
Recital 102 b (new)
(102b) Consumers play a key role in waste collection and sorting and Member states should continue initiatives to further promote accessible and easy to understand guidance for the consumer to sort and dispose their waste, inter alia by making waste collection system and information accessible and recognizable across Member States, or by targeting specific consumer segments such as tourists with relevant in situ information.
Amendment 219 #
Proposal for a regulation
Recital 103
Recital 103
(103) Deposit and return systems should be obligatory for single use plastic beverage bottles and metal 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 depositshould consider establishing deposit and return systems also for reusable packaging, including glass and rmeturn systems also for reusable packagingals. In such situations, 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 245 #
Proposal for a regulation
Article 3 – paragraph 1 – point 37
Article 3 – paragraph 1 – point 37
(37) ‘innovative packaging’ means a form of packaging that is manufactured using new materials, including innovative polymers, design or production processes, resulting in a significant improvement in the functions of packaging, such as containment, protection, handling, delivery or presentation of products, and in demonstrable environmental benefits, with the exception of packaging that is the result of modification of existing packaging for the sole purpose of improved presentation of products and marketing;. Innovative packaging placed on the market, that required new infrastructure to be developed, shall be recycled at scale within a maximum period of 5 years or be removed from the market unless clear pathway to recyclability at scale exists.
Amendment 251 #
Proposal for a regulation
Article 4 – paragraph 4
Article 4 – paragraph 4
4. In case Member States choose to maintain or introduce national sustainability requirements or information requirements additional to those laid down in this Regulation, those requirements shall not conflict with those laid down in this Regulation and the Member States shall not prohibit, restrict or impede the placing on the market of packaging that complies with the requirements under this Regulation for reasons of non-compliance with those national requirements.
Amendment 252 #
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, temporary sustainability requirements to reduce per capita packaging waste in order to reach the targets set out in Article 38.
Amendment 255 #
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 only 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) where they are in digital format or as a harmonized EU pictogram.
Amendment 258 #
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 unduly restrict the presence of substances in packaging or packaging components for reasons relating primarily to chemical safetysolely based on chemical safety reasons. If there is an unacceptable risk to human health or the environment resulting from the use of a substance in the manufacturing of packaging or packaging components, or from a substance present in them during their life cycle stages, restrictions may be imposed. They shall address, as appropriate, substances of concern that have a negatively affe impact the re-use, sorting and recycling of materials in the packaging in which they are present, and identify the specific substances concerned and the criteria and limitations associated with them, taking into consideration legacy substances and foreseeing a 5 year waiver for them, and shall, as appropriate, identify the specific substances concerned and their associated criteria and limitations.
Amendment 260 #
Proposal for a regulation
Article 5 – paragraph 5 b (new)
Article 5 – paragraph 5 b (new)
5b. In cases where the use of a substance in the manufacturing process, packaging, or packaging components poses an unacceptable risk to human health or the environment, or when a substance present in packaging or packaging components during their distribution or subsequent life cycle stages, including the waste phase, poses such a risk that requires a Union-wide approach, the procedure outlined in Article 133(4) of Regulation (EC) No. 1907/2006 shall be utilized. The procedure should enable the adoption of new restrictions or amendments to existing restrictions in accordance with Articles 68(1) and 69 to 73 of Regulation (EC) No. 1907/2006 to effectively address and mitigate the identified risks to human health and the environment, ensuring a unified and consistent approach throughout the Union.
Amendment 261 #
Proposal for a regulation
Article 5 – paragraph 5 c (new)
Article 5 – paragraph 5 c (new)
5c. For substances manufactured for use or used in the manufacture of packaging or packaging components that could be used by consumers or professionals, or present in packaging or packaging components placed on the market that could be used by consumers or professionals, Article 68(2) or Regulation (EC) 1907/2006 applies.
Amendment 264 #
Proposal for a regulation
Article 6 – paragraph 2 – subparagraph 2
Article 6 – paragraph 2 – subparagraph 2
Points (a) to (e) 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 20355 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) for packing types that have achieved a separate waste collection rate of at least 90% pursuant to Article 43(1). The Commission shall, without undue delay and no later than 1 January 2030, adopt the delegated act referred to paragraph 6.
Amendment 269 #
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 actCEN Standards adopted pursuant to paragraph 4 and, from 1 January 2035, also with the recyclability at scale requirements laid down in the delegated actCEN standards adopted pursuant to paragraph 6. Where such packaging complies with those delegated acte CEN standards, it shall be considered to comply with paragraph 2, points (a) and (e).
Amendment 278 #
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 dshall mandate the European Committee for Standardization to develop by 31 December 2027 Design for rRecycling criteria andto determine the recycling performance grades based on the criteria and parameters listed in Table 2 of Annex II forfor packaging formats falling under the packaging categoritypes 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, the risk of persistent microplastic emissions, and for plastic packaging, the percentage of recycled content. Design-for- recycling criteria shall consider state of the art collection, sorting and recycling processes and shall cover all packaging components.
Amendment 283 #
Proposal for a regulation
Article 6 – paragraph 5 – subparagraph 1
Article 6 – paragraph 5 – subparagraph 1
From 1 January 2030, packaging shall not be considered recyclable if it corresponds to performance grade E under the design for recycling criteria established in the delegated act adoptedstandard developed by the European Committee for Standardization (CEN) pursuant to paragraph 4 for the packaging category, to which the packaging belongs.
Amendment 284 #
Proposal for a regulation
Article 6 – paragraph 6 – introductory part
Article 6 – paragraph 6 – introductory part
6. The Commission shall, for eachNo later than 24 months from the entry into force of the Regulation, the Commission shall, for the packaging formats belonging to the packaging types listed in Table 1 of Annex II, for which Design for Recycling criteria have been adopted, establish the methodology to assess if packaging is recyclable at scale. That methodology shall be based at least on the following elements:
Amendment 288 #
Proposal for a regulation
Article 6 – paragraph 6 – point b
Article 6 – paragraph 6 – point b
(b) amounts of separately collected packaging waste, per packaging materialformat belonging to the packaging types listed in Table 1 of Annex II, in the Union as whole and in each Member State;
Amendment 289 #
Proposal for a regulation
Article 6 – paragraph 6 – point c
Article 6 – paragraph 6 – point c
(c) recycling rates of packaging waste per packaging format belonging to the types listed in Table 1 of Annex II, in the Union as a whole and in each Member State or, when such data on recycling rates for packaging waste per packaging typeformat cannot be made available, assumptions made based on average loss rates as referred to in Article 47(3);
Amendment 291 #
Proposal for a regulation
Article 6 – paragraph 6 – point d a (new)
Article 6 – paragraph 6 – point d a (new)
(da) exemption from the recyclability at scale for the sustainable natural polymer packaging which has achieved recyclability at scale at least in one Member States and can demonstrate a viable pathway to recyclability at scale at the EU level.
Amendment 292 #
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 economic operators.
Amendment 293 #
Proposal for a regulation
Article 6 – paragraph 7 – point b
Article 6 – paragraph 7 – point b
(b) establish detailed design for recycling criteria for each packaging format belonging to the packing material and category listed in Table 1 of Annex II;
Amendment 294 #
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 296 #
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). The funds generated from these financial contributions shall be specifically allocated to cover the net expenses associated with the collection and sorting infrastructures relevant to the specific type of packaging for which the contribution is made following the types set in Annex II, Table 1.
Amendment 300 #
Proposal for a regulation
Article 7 – paragraph 1 – introductory part
Article 7 – paragraph 1 – introductory part
1. From 1 January 2030, the p5 years after the adoption of the implementing act laying down the methodology for the calculastic part in packaging shall contain the following minimum percentage of recycled content recovered from post-consumer plastic waste, per union and verification of the percentage of recycled content recovered from post-consumer plastic waste pursuant to Article 7(7), economic operators shall ensure the following minimum percentage of recycled content recovered from post-consumer plastic waste or biobased content as an average of the overall portfolio of plastic packaging of the economic operator, placed on the Union market, per format of packaging:
Amendment 315 #
Proposal for a regulation
Article 7 – paragraph 7
Article 7 – paragraph 7
7. By 31 December 2026, the Commission is empowered to adopt implementing acts12 months after the entry into force of this Regulation, the Commission shall adopt delegated acts in accordance with Article 58 in order to supplement this Regulation by establishing the methodology for the calculation and verification of the percentage of recycled and bio-based content recovered from post-consumer plastic waste, per uniformat of plastic packaging, and the format for the technical documentation referred to in Annex VII. Those implementingdelegated acts shall be adoptedtake into accordance with the examination procedure referred to in Article 59(3).unt the environmental impact of the recycling process;
Amendment 318 #
Proposal for a regulation
Article 7 – paragraph 8
Article 7 – paragraph 8
8. As of 1 January 2029, the calculation and verification of the percentage of recycled and/or biobased content contained in plastic packaging under paragraph 1 shall comply with the rules laid down in the implementing act referred to in paragraph 7.
Amendment 319 #
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 minimum percentage laid down in paragraph 1, points a, b and d, and in paragraphs 2, points a, b and c for specific plastic packaging, or for the revision of the derogation established under paragraph 3 for specific plastic packaging. The assessment shall be based on market availability and prices of recycled plastics on an annual basis from the year of entry into force of this regulation, considering Eurostat data for the EU-27 achieved plastic packaging recycling levels. Such an assessment shall also be based on the update of new recycling technologies and their impact on available market volumes. By 1 January 2038, the Commission shall assess the need for derogations from the minimum percentage laid down in paragraph 2, point a, for specific plastic packaging, or for the revision of the derogation established under paragraph 3 for specific plastic packaging.
Amendment 322 #
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 327 #
Proposal for a regulation
Article 8 – paragraph 4 a (new)
Article 8 – paragraph 4 a (new)
4a. Prior to the implementation of the directive, the Commission is responsible for updating the harmonized standards for degradation in industrial composting and anaerobic digestion, EM 13432 and EN 14995. The update aims to incorporate the latest scientific understanding and approaches in the field of industrial compostation and to ensure that the updated standards include requirements for conducting separate tests and meeting specific criteria for the biodegradation of all organic constituents present in compostable materials, specifically those with a concentration ranging from 1% to 15%. The updated standards must introduce nitrification inhibition and earthworm toxicity tests to validate the biodegradation performance of composite packaging materials within the compostation waste stream.
Amendment 330 #
Proposal for a regulation
Article 9 – paragraph 2
Article 9 – paragraph 2
2. PAs of 1 January 2030, 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 originregistered under intellectual property rights or the product benefits from the Union’s geographical indications of origin protection or have been given IPR Intensive Industries: distinctive product recognition by the Union (including third country geographical indication products), in each case protected under Union legislation.
Amendment 333 #
Proposal for a regulation
Article 9 – paragraph 3 – subparagraph 1 – introductory part
Article 9 – paragraph 3 – subparagraph 1 – introductory part
Amendment 335 #
Proposal for a regulation
Article 9 – paragraph 4 – subparagraph 1 – point b
Article 9 – paragraph 4 – subparagraph 1 – point b
(b) the identification of the design requirements, including those related to Intellectual Property Rights, which prevent further reduction of the packaging weight or volume, for each of these performance criteria;
Amendment 347 #
Proposal for a regulation
Article 11 – paragraph 1 – subparagraph 1
Article 11 – paragraph 1 – subparagraph 1
From [OP: Please insert the date = 424 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 applyadoption of the implementing acts referred to in paragraph 5 and 6], packaging placed on the market shall be marked with a label to facilitate sorting for citizens. This obligation does not apply to packaging covered by a deposit or return system or to transport packaging. However, it applies to e-commerce packaging.
Amendment 357 #
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 addiand set up after the entry into force of this Regulation shall, by derogation to the labelling referred to in the first subparagraph, be marked with a harmonised label established in the relevant implementing act adopted pursuant to paragraph 5.
Amendment 367 #
Proposal for a regulation
Article 11 – paragraph 2
Article 11 – paragraph 2
2. From [OP: Please insert the date = 4860 months 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 375 #
Proposal for a regulation
Article 11 – paragraph 3
Article 11 – paragraph 3
3. Where a unit of packaging covered by Article 7 is marked with a label containing information on the share of recycled content, that label shall comply with the specifications laid down in the relevant implementing act adopted pursuant to Article 11(5) and shall be based on the methodology pursuant to Article 7(7). The implementing act adopted pursuant to Article 11(5) shall provide a specific framework under which recycled content traced through mass balance shall be communicated. Where a unit of plastic packaging is marked with a label containing information on the share of biobased plastic content, that label shall comply with the specifications laid down in the relevant implementing act adopted pursuant to Article 11(5).
Amendment 382 #
Proposal for a regulation
Article 11 – paragraph 3 a (new)
Article 11 – paragraph 3 a (new)
3a. Packaging referred to in paragraphs 1, 2 and 3, manufactured or imported before these deadlines, may be marketed until the stocks of the products are exhausted.
Amendment 387 #
Proposal for a regulation
Article 11 – paragraph 4 – subparagraph 1
Article 11 – paragraph 4 – subparagraph 1
Labels referred to in paragraphs 1 to 3 and the QR code or other type of digital data carrier referred to in paragraph 2 shall be placed, printed or engraved visibly, clearly legibly and indelibly on the packaging. Where this is not possible or not warranted on account of the nature and size of the packaging or due to other mandatory labelling requirements laid down in other EU legislation, they shall be affixed to the grouped packaging or provided via digital means.
Amendment 397 #
Proposal for a regulation
Article 11 – paragraph 5
Article 11 – paragraph 5
5. By [OP: Please insert the date = 182 months after the date of entry into force of this Regulation], the Commission shall adopt implementing acts to establish a harmonised label and specifications for the labelling requirements and formats for the labelling of packaging referred to in paragraphs 1 to 3 and the labelling of waste receptacles referred to in Article 12. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 59(3).
Amendment 407 #
Proposal for a regulation
Article 11 – paragraph 6
Article 11 – paragraph 6
6. By [OP: Please insert the date = 124 months after the date of entry into force of this Regulation], the Commission shall adopt implementing acts to establish the methodology for identifying the material composition of packaging referred to in paragraph 1 by means of digital marking technologies. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 59(3).
Amendment 421 #
Proposal for a regulation
Article 11 – paragraph 8
Article 11 – paragraph 8
8. Packaging included in an extended producer responsibility scheme or covered by a deposit and return system other than that referred to in Article 44(1) may only be identified by means of a corresponding symbol throughout the territory in which that scheme or system appliesdigital label or a harmonized EU pictogram. That symbol shall be clear and unambiguous and shall not mislead consumers or users as to the recyclability or reusability of the packaging.
Amendment 422 #
Proposal for a regulation
Article 11 – paragraph 8 – subparagraph 1 (new)
Article 11 – paragraph 8 – subparagraph 1 (new)
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 433 #
Proposal for a regulation
Article 12 – paragraph 1
Article 12 – paragraph 1
By 1 January 2028, labels that enable the separate collection of each material specific fraction of packaging waste that is intended to be discarded in separate receptacles shall be affixed, printed or engraved visibly, legibly and indelibly on all waste receptacles for collection of packaging waste. The labels will enable the separate collection of each specific material fraction of packaging waste that should be discarded in separate receptacles and ensure a long-term effectiveness. Member states are responsible for ensuring the alignment of recycling pictograms and the colour schemes used for waste receptacles throughout the European Union to enhance the ease of recognition and access to the correct waste streams, promoting efficient recycling practices across the region.
Amendment 457 #
Proposal for a regulation
Article 13 – paragraph 8
Article 13 – paragraph 8
8. Manufacturers who consider or have reason to believe that packaging which they have placed on the market is not in conformity with one or more of the applicable requirements set out in Articles 5 to 11 shall immediately take the corrective measures necessary to bring that packaging into conformity, to withdraw it or recall it, as appropriate. Manufacturers shall immediately inform the market surveillance authority of the Member State in which they made the packaging available of the suspected non- compliance and of any corrective measures taken.
Amendment 503 #
Proposal for a regulation
Article 17 – paragraph 3 – subparagraph 1
Article 17 – paragraph 3 – subparagraph 1
Where a distributor, before making packaging available on the market, considers or has reason to believe that the packaging is not in conformity with the requirements set out in Articles 5 to 11 or that the manufacturer is not complying with those applicable requirements, the distributor shall not make the packaging available on the market until it has been brought into conformity or until the manufacturer complies. Any information provided by the manufacturer to demonstrate compliance shall not be utilized by the distributor for any other purpose, including assisting in the design or certification of packaging conformity for products independently placed on the market by the distributor. The improper use of such information by distributors for commercial purposes is strictly prohibited and shall be subject to the penalties outlined in this Regulation.
Amendment 507 #
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 such as the creation of a specific fund within producer responsibility organisations or deposit return schemes dedicated to reuse, and by promoting the setting up and effective operation of systems for re- use and encouraging economic operators to offer the end users further possibilities to refill. 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 519 #
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 empty space ratio is maximum 40 % on average for all such packaging placed on the EU market by the economic operator. Alternatively, the empty space ratio should be minimized according to the provisions outlined in parts 1 and 2 of Annex IV. The performance criteria for minimizing empty space may consider various extrinsic factors, including the health of the end user.
Amendment 520 #
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: (a) regarding sales packaging: it refers to the difference between the total volume of the sales packaging and the total volume of the goods contained within the packaging; (b) regarding grouped packaging: it refers to the difference between the total volume of the grouped packaging, transport packaging, and the volume of sales packaging contained within; 'empty space ratio' means: (a) for sales packaging: it represents the ratio of the empty space as defined in point 21(2)(a) to the total volume of the sales packaging; (b) for grouped packaging, transport packaging, and e-commerce packaging: it represents the ratio of the empty space as defined in point 21(2)(b) to the total volume of the grouped packaging, transport packaging, and e-commerce packaging. It is important to consider sales packaging with functional or ergonomic adaptations that result in non-regular or asymmetrical shapes, as these may impact the derived empty space ratios. In such cases, ratios based on the external block dimension of the sales packaging, which refers to the maximal external measurement in three dimensions, are appropriate and explicit documentation of these dimensions will be required for any conformity assessment.
Amendment 525 #
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[OP: Please insert date = 36 months after the date of entry into force of this Regulation]. .
Amendment 543 #
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 either removed or reusable packaging within a system for re- use;
Amendment 545 #
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 either removed or reusable packaging within a system for re- use;
Amendment 547 #
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 either removed or reusable packaging within a system for re- use;
Amendment 549 #
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 either removed or reusable packaging within a system for re-use;
Amendment 558 #
Proposal for a regulation
Article 26 – paragraph 13 – subparagraph 1
Article 26 – paragraph 13 – subparagraph 1
Amendment 564 #
Proposal for a regulation
Article 26 – paragraph 14 – point b
Article 26 – paragraph 14 – point b
(b) complied with the definition of microsmall-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 572 #
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 manufacturerproducer making available on the market within the territory of the European Union shall calculate, for each target separately, the following: (a) the number of equivalent units of sales of beverages and food in reusable packaging or by volume, bas appropriate, making available on the market such products within the territory of a Member State shall calculate, for each target separately, the following:ed on the average of the producer's product portfolio, within a system for re-use that is made available on the market within the European Union in a calendar year. (b) the number of equivalent units of sales of beverages and food or by volume, based on the average of the producer's product portfolio, that are made available on the market within the European Union through refill. (c) the number of equivalent units of sales of beverages and food or by volume, based on the average of the producer's product portfolio, that are made available on the market within the European Union through means other than those mentioned in points (a) and (b) in a calendar year.
Amendment 573 #
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 or by volume on average of the producer's product portfolio 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 575 #
Proposal for a regulation
Article 27 – paragraph 4 – subparagraph 1
Article 27 – paragraph 4 – subparagraph 1
By 31 December 20287, the Commission shall adopt implementing acts establishing detailed calculation rules and methodology regarding the targets set out in Article 26delegated acts establishing detailed calculation rules and methodology regarding the targets set out in Article 26. In 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 act foreseen in this paragraph. The targets set out in Article 26 shall apply 60 months after the adoption of the implementing acts of this paragraph.
Amendment 580 #
Proposal for a regulation
Article 38 – paragraph 1 – introductory part
Article 38 – paragraph 1 – introductory part
1. Each Member State shall reduce the packaging waste generated per capita, as compared to the packaging waste generated per capita in 2018 as reported to the Commission in accordance with Decision 2005/270/EC, for each of the specific materials contained in packaging waste listed in article 46, by
Amendment 581 #
Proposal for a regulation
Article 38 – paragraph 3
Article 38 – paragraph 3
3. For the purpose of paragraph 2, Member States may use 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, or by encouraging and incentivising the use of sales packaging as e-commerce packaging. 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 and with Article 4 of this Regulation.
Amendment 588 #
Proposal for a regulation
Article 40 – paragraph 3 a (new)
Article 40 – paragraph 3 a (new)
3a. If producers sell their products via the online marketplace and are not registered in accordance with Article 39(2), the online marketplace in which the products are offered for sale may fulfil the obligations under Article 39(7) in respect of such producers collectively.
Amendment 591 #
Proposal for a regulation
Article 41 – paragraph 1
Article 41 – paragraph 1
1. Producers may entrust a producer responsibility organisation authorised in accordance with Article 42 to carry out the extended producer responsibility obligations on their behalf. Member States may adopt measures to make the entrustment of a producer responsibility organisation mandatory. shall have the authority to enforce the mandatory entrustment of a producer responsibility organization. In addition, it is crucial that producers actively participate in the decision-making process concerning the establishment of new collection, sorting, or recycling infrastructure, as well as the development of waste management policies at the local, regional, or national level to ensures that producers have a voice in shaping effective waste management systems and policies for the future.
Amendment 592 #
Proposal for a regulation
Article 43 – paragraph 1
Article 43 – paragraph 1
1. By 2030 Member States shall ne required to set up separate collection of packing waste in accordance with Article 10(2) or Directive 2008/98/EC and shall ensure that systems are set up to provide for the return and a 90% separate collection of all packaging waste from the end userscomplying with design for recycling criteria from the end users in the market in a given year, in order to ensure that it is treated in accordance with Articles 4 and 13 of Directive 2008/98/EC, and to facilitate its preparation for re-use and high quality recycling. Packing complying with design for recycling criteria as defined in the delegated acts stemming from Article 6(4) shall be separately collected for recycling. Incineration and landfill of recyclables shall be considered as limited option, last resort or banned. If Member States allow derogation as per Article 10(3) of Directive 2008/98/EC, they shall ensure that such derogations do not impede the achievement of the requirements established in this Regulation.
Amendment 601 #
Proposal for a regulation
Article 44 – paragraph 9 a (new)
Article 44 – paragraph 9 a (new)
9a. Effective and efficient deposit and return systems already in operation when this Regulation enters into force are exempt from the requirement of paragraph 9, as long as they are remain within performance requirements stated in Article 44(3)a and 44(3)b.
Amendment 604 #
Proposal for a regulation
Article 50 a (new)
Article 50 a (new)
Amendment 622 #
Proposal for a regulation
Annex IV – Part I – point 6
Annex IV – Part I – point 6
6. Legal requirements: the packaging design shall ensure that the packaging and packaged product can comply with the applicable legislation. The design should meet legal obligations concerning safety, environmental impact, and labelling but also demonstrate due regard for the protection of registered designs or trademarks to avoid any infringement on established intellectual property rights throughout the packaging and product presentation.
Amendment 624 #
Proposal for a regulation
Annex IV – Part I – point 6 a (new)
Annex IV – Part I – point 6 a (new)
6a. product presentation: the packaging design as defined in Article 1, point (a) of Directive 98/71/EC shall provide product identification by the end user or consumer.
Amendment 625 #
Proposal for a regulation
Annex IV – Part II – paragraph 1 – point a
Annex IV – Part II – paragraph 1 – point a
(a) for each performance criterion as listed in Part I, a list of design requirements which prevent further reduction of the packaging weight or volume without endangering the packaging functionality, including safety and hygiene, for the packaged product, packaging and user. The method usology employed for the identification ofying these design requirements shall bemust be clearly described, and the reasons preventing further reduction of thejustifications for any limitations on reducing packaging weight or volume shall bemust be thoroughly explained. All reduction opportunities with a given packaging material shall be investigated. It shall not be sufficient to substitute one packaging material with another. Any use of additional material in sales packaging, particularly in the context of e-commerce, must be fully justified by demonstrating a net reduction in packaging weight or volume for products supplied to the final distributor or end user overall.;
Amendment 633 #
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. To ensure the correct implementation of new requirements and prevent any disruption to well-established, existing systems for re-use, the following requirements shall apply exclusively to newly developed systems for re-use. The existing systems will be exempt from these requirements as long as they continue to operate as effectively as the newly developed systems in order to avoid any potential risks and maintain the functionality of the current systems:
Amendment 636 #
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) are used for public awareness campaigns on the information onis used to comprehensive and impactful public awareness campaigns specifically focused on promoting responsible management of packaging waste covered by the DRS system;
Amendment 637 #
Proposal for a regulation
Annex X – paragraph 2 – point o
Annex X – paragraph 2 – point o
(o) all deposit bearing packaging eligible for collection through a DRS is clearly labelled, so that the end users can easily identify the need to return such packaging;.
Amendment 1037 #
Proposal for a regulation
Article 6 – paragraph 8 – subparagraph 2
Article 6 – paragraph 8 – subparagraph 2
Where a unit of packaging includes integrated components, the assessment of compliance with the design for recycling criteria and with the at scale recyclability requirements shall include all integrated components. If an integrated component of the packaging unit is easily separable by hand and there are clear instructions for the consumer, the overall recyclability should be a combination of the assessments for each individual component.
Amendment 1083 #
Proposal for a regulation
Article 6 – paragraph 11 a (new)
Article 6 – paragraph 11 a (new)
11a. Where a claim is made in relation to the recyclability of the packaging, it must be aligned with the new definition of recyclability set out in this Regulation and established in relation to the design criteria for recycling. Any reference to recyclability must be prohibited if the packaging does not meet these criteria.
Amendment 1194 #
Proposal for a regulation
Article 7 – paragraph 2 a (new)
Article 7 – paragraph 2 a (new)
2a. Economic operators shall be exempted from the obligation to meet the targets in paragraphs 1 and 2 if, during a calendar year, they comply with the definition of microenterprise in accordance with the rules set out in the Commission Recommendation 2003/361/EC
Amendment 1502 #
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 compositionthe destination of each separate component of the packaging in order to facilitate consumer sorting. This obligation does not apply to transport packaging. However, it applies to e-commerce packaging.
Amendment 1601 #
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 outhave the relevant conformity assessment procedure referred to in Article 33, or have it carried out on their behalf, and by an accredited notified body, draw up the technical documentation referred to in Annex VII.
Amendment 2247 #
Proposal for a regulation
Article 38 – paragraph 2
Article 38 – paragraph 2
2. Member States shall implement measures aiming to prevent the generaand take the necessary additional sustainability measures to achieve an ambitious and sustained reduction of the packaging waste and to minimise the environmental impact of packaging.generated per capita, in line with the overall objectives of the Union’s waste policy, in particular waste prevention and in order to reach the targets set out in this Article
Amendment 2258 #
Proposal for a regulation
Article 38 – paragraph 3 a (new)
Article 38 – paragraph 3 a (new)
3a. Member States shall include the measures adopted pursuant to this Article in their waste management plans under the conditions laid down in Article 37 of this Regulation.