BETA

44 Amendments of Ioan-Rareş BOGDAN related to 2022/0396(COD)

Amendment 109 #
Proposal for a regulation
Recital 12
(12) In line with the waste hierarchy set out in Article 4(21) of Directive 2008/98/EC, and with the requirement set in paragraph 2 of Article 4 of the same Directive, which foresees that specific waste streams may depart from the hierarchy where this is 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. 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.
2023/05/25
Committee: ITRE
Amendment 158 #
Proposal for a regulation
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. 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.deleted
2023/05/25
Committee: ITRE
Amendment 171 #
Proposal for a regulation
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 ofIn accordance with Article 4 §2 of Directive 2008/98/EC, restriction shall not apply for single -use packaging for food and beverages filled and consumed within the premises in the HORECA sector should not be alloweddelivering a better overall environmental outcome justified by life- cycle thinking, as well as a better overall economic and health impact. In accordance with Article 4 §2 of Directive 2008/98/EC, restriction shall not apply for single-use packaging delivering a better overall environmental outcome justified by life-cycle thinking, as well as a better overall economic and health impact.
2023/05/25
Committee: ITRE
Amendment 175 #
Proposal for a regulation
Recital 68
(68) To increase their effectiveness and ensure the equal treatment of economic operators, the re-use and refill targets should be placed on the economic operators. In cases of targets for beverages, they should be additionally placed also on the manufacturers, as these actors are able to control the packaging formats used for the products they offer. The targets should be calculated as a percentage of sales in reusable packaging within a system for re-use or through refill or, in case of transport packaging, as a percentage of uses. The targets should be material neutral. In order to ensure uniform conditions for the implementation of targets for re-use and refill, the power to adopt an implementing act in accordance with Article 291 of the Treaty on the methodology for their calculation, should be delegated to the Commission.
2023/05/25
Committee: ITRE
Amendment 216 #
Proposal for a regulation
Article 3 – paragraph 1 – point 4 a (new)
(4a) `plastic packaging’ means a packaging that is wholly or predominantly (i.e. more than 50%) made of plastic.
2023/05/25
Committee: ITRE
Amendment 222 #
Proposal for a regulation
Article 3 – paragraph 1 – point 19
(19) ‘composite packaging’ means a unit of packaging made of two or more different materials, excluding materials used for labels, closures and sealing, which cannot be separated manually and therefore form a single integraloatings, linings, paints, inks, adhesives, closures and sealing which are considered as part of the weight of the main packaging material, which cannot be separated manually and therefore form a single integral unit, unless a given material constitutes an insignificant part of the packaging unit and in no case more than 15% of the total mass of the packaging unit;
2023/05/25
Committee: ITRE
Amendment 246 #
Proposal for a regulation
Article 3 – paragraph 1 – point 37
(37) ‘innovative packaging’ means a form of packaging that is manufactured using new materials, 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;
2023/05/25
Committee: ITRE
Amendment 360 #
Proposal for a regulation
Article 7 – paragraph 1 – introductory part
1. From 1 January 2030, the plastic part in packaging shall contain the following minimum percentage of recycled content recovered from post-consumer plastic waste, per unit of packaging or biobased content:
2023/05/25
Committee: ITRE
Amendment 362 #
Proposal for a regulation
Article 7 – paragraph 1 – point b
(b) 10 % for contact sensitive packaging made from plastic materials other than PET, except single use plastic beverage bottles;deleted
2023/05/25
Committee: ITRE
Amendment 366 #
Proposal for a regulation
Article 7 – paragraph 1 – point d
(d) 35 % for plastic packaging other than those referred to in points (a), (b) and (c).
2023/05/25
Committee: ITRE
Amendment 378 #
Proposal for a regulation
Article 7 – paragraph 2 – introductory part
2. From 1 January 2040, the plastic part in packaging shall contain the following minimum percentage of recycled content recovered from post-consumer plastic waste, per unit of packaging or biobased content:
2023/05/25
Committee: ITRE
Amendment 380 #
(a) 50 % for contact sensitive plastic packaging, except single use plastic beverage bottles;deleted
2023/05/25
Committee: ITRE
Amendment 382 #
Proposal for a regulation
Article 7 – paragraph 2 – point a a (new)
(aa) Targets shall be calculated as an average of the plastic packaging placed by a producer on the Union market.
2023/05/25
Committee: ITRE
Amendment 384 #
Proposal for a regulation
Article 7 – paragraph 3 – point d a (new)
(da) packaging for non-medical products which should be manufactured to ISO standard 15378 to ensure the safety and quality of the product for consumer health.
2023/05/25
Committee: ITRE
Amendment 390 #
Proposal for a regulation
Article 7 – paragraph 4
4. Paragraphs 1 and 2 shall not apply to compostable plastic packaging nor to bio-based plastic packaging, to lacquers, inks, adhesives, cold seal, varnishes, primers, glues, coatings and all liquid process components used on packaging.
2023/05/25
Committee: ITRE
Amendment 396 #
Proposal for a regulation
Article 7 – paragraph 6
6. By 1 January 2030, the financial contributions paid by producers to comply with their extended producer responsibility obligations as laid down in Article 40 shall be modulated based on the percentage of either recycled or biobased content used in the plastic packaging.
2023/05/25
Committee: ITRE
Amendment 409 #
Proposal for a regulation
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).
2023/05/25
Committee: ITRE
Amendment 411 #
Proposal for a regulation
Article 7 – paragraph 8
8. As of 1 January 2029, the calculation and verification of the percentage of recycled content contained in plastic packaging under paragraph 1 shall comply with the rules laid down in the implementing act referred to in paragraph 7.
2023/05/25
Committee: ITRE
Amendment 427 #
Proposal for a regulation
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.
2023/05/25
Committee: ITRE
Amendment 437 #
Proposal for a regulation
Article 9 – paragraph 2
2. Packaging not necessary to comply with any of the performance criteria set out in Annex IV and packaging with characteristics that are only aimed to increase the perceived volume of the product, including double walls, false bottoms, and unnecessary layers, shall not be placed on the market, unless the packaging design is subject to geographical indications of origin protected under Union legislation.
2023/05/25
Committee: ITRE
Amendment 519 #
Proposal for a regulation
Article 22
Restrictions on use of certain packaging 1. Economic operators shall not place on the market packaging in the formats and for the purposes listed in Annex V. 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 3 of Annex V as of 1 January 2030. 3. Member States may exempt economic operators from point 3 of Annex V if they comply with the definition of micro- company in accordance with rules set out in the Commission Recommendation 2003/361, as applicable on [OP: Please insert the date = the date of entry into force of this Regulation], and where it is not technically feasible not to use packaging or to obtain access to infrastructure that is necessary for the functioning of a reuse system. 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. 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.Article 22 deleted formats
2023/05/25
Committee: ITRE
Amendment 556 #
Proposal for a regulation
Article 26 – paragraph 2
2. The final distributor making available on the market within the territory of a Member State in sales packaging cold or hot beverages filled into a container at the point of sale for take-away shall ensure that: (a) from 1 January 2030, 20 % of those beverages are made available in reusable packaging within a system for re-use or by enabling refill; (b) from 1 January 2040, 80 % of those beverages are made available in reusable packaging within a system for re-use or by enabling refill.deleted
2023/05/25
Committee: ITRE
Amendment 575 #
Proposal for a regulation
Article 26 – paragraph 3
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: (a) from 1 January 2030, 10 % of those products are made available in reusable packaging within a system for re-use or by enabling refill; (b) from 1 January 2040, 40 % of those products are made available in reusable packaging within a system for re-use or by enabling refill.deleted
2023/05/25
Committee: ITRE
Amendment 590 #
Proposal for a regulation
Article 26 – paragraph 4
4. The manufacturer and the final distributor making available on the market within the territory of a Member State in sales packaging alcoholic beverages in the form of beer, carbonated alcoholic beverages, fermented beverages other than wine, aromatised wine products and fruit wine, products based on spirit drinks, wine or other fermented beverages mixed with beverages, soda, cider or juice, shall ensure that: (a) from 1 January 2030, 10 % of those products are made available in reusable packaging within a system for re-use or by enabling refill; (b) from 1 January 2040, 25 % of those products are made available in reusable packaging within a system for re-use or by enabling refill.deleted
2023/05/25
Committee: ITRE
Amendment 608 #
Proposal for a regulation
Article 26 – paragraph 5
5. The manufacturer and the final distributor making available on the market within the territory of a Member State in sales packaging alcoholic beverages in the form of wine, with the exception of sparkling wine, shall ensure that: (a) from 1 January 2030, 5 % of those products are made available in reusable packaging within a system for re-use or by enabling refill; (b) from 1 January 2040, 15 % of those products are made available in reusable packaging within a system for re-use or by enabling refill.deleted
2023/05/25
Committee: ITRE
Amendment 619 #
Proposal for a regulation
Article 26 – paragraph 6
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: (a) from 1 January 2030, 10 % of those products are made available in reusable packaging within a system for re-use or by enabling refill; (b) from 1 January 2040, 25 % of those products are made available in reusable packaging within a system for re-use or by enabling refill.deleted
2023/05/25
Committee: ITRE
Amendment 640 #
Proposal for a regulation
Article 26 – paragraph 7 – point b
(b) from 1 January 2040, 90 % of such packaging used is reusable packaging within a system for re-use.deleted
2023/05/25
Committee: ITRE
Amendment 652 #
Proposal for a regulation
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;deleted
2023/05/25
Committee: ITRE
Amendment 664 #
Proposal for a regulation
Article 26 – paragraph 9 – point b
(b) from 1 January 2040, 30 % of such packaging used for transport is reusable packaging within a system for re-use;deleted
2023/05/25
Committee: ITRE
Amendment 676 #
Proposal for a regulation
Article 26 – paragraph 10 – point b
(b) from 1 January 2040, 25 % of such packaging they used is reusable packaging within a system for re-use.deleted
2023/05/25
Committee: ITRE
Amendment 723 #
Proposal for a regulation
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 and if it is not technically feasible to use reusable packaging or to obtain access to the infrastructure necessary for the functioning of a re-use system.
2023/05/25
Committee: ITRE
Amendment 732 #
Proposal for a regulation
Article 26 – paragraph 15 a (new)
15a. Economic operators shall be exempted from the obligation to meet the targets in this article when duly justified by concerns related to public health, food hygiene and safety, product integrity or environmental issues.
2023/05/25
Committee: ITRE
Amendment 735 #
Proposal for a regulation
Article 26 – paragraph 15 b (new)
15b. Economic operators shall be exempted from the obligation to meet the targets in this article if, in accordance with paragraph 2 of Article 4 of Directive 2008/98/EC, they can show that alternative packaging formats deliver a better overall environmental outcome justified by life-cycle thinking, as well as a better overall economic and human health impact.
2023/05/25
Committee: ITRE
Amendment 739 #
Proposal for a regulation
Article 26 – paragraph 16 – point a
(a) targets for other products than those covered by paragraphs 1 to 6 of this Article and other packaging formats than those in paragraphs 7 to 10, based on the positive experiences with measures taken by Member States under Article 45(2),deleted
2023/05/25
Committee: ITRE
Amendment 747 #
Proposal for a regulation
Article 26 – paragraph 16 – point c
(c) exemptions for specific packaging formats covered by the targets laid down in paragraphs 2 to 6 of this Article in case of hygiene, food safety or environmental issues preventing the achievement of those targets.deleted
2023/05/25
Committee: ITRE
Amendment 779 #
Proposal for a regulation
Article 43 – paragraph 1
1. By 1 January 2029, Member States shall ensure that systems are set up to provide for the return and separate collection of 90% of all packaging waste from the end users for each packaging format listed in Table 1 of Annex II, 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.
2023/05/25
Committee: ITRE
Amendment 790 #
Proposal for a regulation
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.
2023/05/25
Committee: ITRE
Amendment 793 #
Proposal for a regulation
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.
2023/05/25
Committee: ITRE
Amendment 808 #
Proposal for a regulation
Article 45 – paragraph 2 – point b
(b) the use of economic incentives, including requirements to final distributors, to charge the use of single- use packaging or to inform consumers about the cost of such packaging at the point of sale,deleted
2023/05/25
Committee: ITRE
Amendment 809 #
Proposal for a regulation
Article 45 – paragraph 2 – point c
(c) requirements on final distributors to make available in reusable packaging within a system for re-use or through refill a certain percentage of other products than those covered by targets laid down in Article 26 on the condition that this does not lead to distortions on the internal market or trade barriers for products from other Member States.deleted
2023/05/25
Committee: ITRE
Amendment 812 #
Proposal for a regulation
Article 47 – paragraph 4
4. Composite packaging and other packaging composed of more than one material shall be calculated and reported per material contained in the packaging. Member States may derogate from this requirement where a given material constitutes an insignificant part of the packaging unit, and in no case more than 15 % of the total mass of the packaging unit.
2023/05/25
Committee: ITRE
Amendment 822 #
Proposal for a regulation
Article 62 – paragraph 1
1. By [OP: Please insert the date = 24 months after the date of entry into force of this Regulation], Member States shall lay down the rules on penalties applicable to infringements of this Regulation and shall take all measures necessary to ensure that they are implemented. The penalties provided for shall be effective, proportionate and dissuasive. Failure to comply with the requirements of Articles 21 to 26 shall be sanctioned by an administrative fine imposed on the relevant economic operator.
2023/05/25
Committee: ITRE
Amendment 823 #
Proposal for a regulation
Article 62 – paragraph 2
2. Where the legal system of the Member State does not provide for administrative fines, the first paragraph may be applied in such a manner that the fining procedure is initiated by the relevant authority and imposed by competent national courts, while ensuring that those legal remedies are effective and have equivalent effect to the administrative fines referred to in that paragraph. In any event, the fines imposed shall also be effective, proportionate and dissuasive.deleted
2023/05/25
Committee: ITRE
Amendment 838 #
Proposal for a regulation
Annex V
RESTRICTIONS ON USE OF PACKAGING FORMATS Packaging Illustrative Restricted use format example Plastic packaging used at retail level to Collation group goods sold in cans, tins, pots, tubs, films, shrink Single-use and packets designed as convenience wrap plastic packaging to enable or encourage end 1. grouped users to purchase more than one product. packaging This excludes grouped packaging necessary to facilitate handling in distribution. Single use Single use packaging for less than 1.5 kg Nets, bags, plastic fresh fruit and vegetables, unless there is a trays, 2. packaging, demonstrated need to avoid water loss or containers single use turgidity loss, microbiological hazards or composite physical shocks. packaging or other single use packaging for fresh fruit and vegetables Single use packaging for foods and Trays, beverages filled and consumed within the disposable Single use premises in the HORECA sector, which plates and plastic, single include all eating area inside and outside a cups, bags, use composite 3. place of business, covered with tables and foil, boxes packaging or stools, standing areas, and eating areas other single offered to the end users jointly by several use packaging economic operators or third party for the purpose of food and drinks consumption Single use Sachets, tubs, Single use packaging in the HORECA packaging for trays, boxes sector, containing individual portions or condiments, servings, used for condiments, preserves, preserves, sauces, coffee creamer, sugar and sauces, coffee 4. seasoning, except such packaging provided creamer, together with take-away ready-prepared sugar, and food intended for immediate consumption seasoning in without the need of any further HORECA preparation sector Shampoo bottles, hand Single use For cosmetics, hygiene and toiletry and body hotel products of less than 50 ml for liquid lotion bottles, 5. miniature products or less than 100 g for non-liquid sachets packaging products around miniature bar soap deleted
2023/05/25
Committee: ITRE