68 Amendments of Aurélia BEIGNEUX related to 2022/0396(COD)
Amendment 400 #
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. 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. 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. Given the amount of water needed for the re-use system, the costs for economic operators, the additional costs for consumers and the potential health impact, the Commission should carry out a comprehensive impact assessment before proposing re-use targets for sectors.
Amendment 593 #
Proposal for a regulation
Article 2 – paragraph 2
Article 2 – paragraph 2
2. This Regulation applies without prejudice to Union regulatory requirements for packaging such as those regarding safety, quality, the protection of health and the hygiene of the packed products, or to transport requirements, as well as without prejudice to the provisions of the Directive 2008/98/EC as regards the management of hazardous waste and in particular the requirements laid down in Article 4(2).
Amendment 671 #
Proposal for a regulation
Article 3 – paragraph 1 – point 30 – point a (new)
Article 3 – paragraph 1 – point 30 – point a (new)
(a) 'take-away' means items purchased at staffed points of sale, including cold or hot drinks filled in a receptacle at the point of sale and ready- prepared food, intended for immediate consumption without the need for further preparation, and typically consumed from the receptacle;
Amendment 672 #
(b) 'occupied point of sale' means a point of sale where items are sold with the involvement of employees or other staff;
Amendment 673 #
Proposal for a regulation
Article 3 – paragraph 1 – point 30 – point c (new)
Article 3 – paragraph 1 – point 30 – point c (new)
(c) ‘unoccupied point of sale’ means a point of sale where items are sold without the involvement of employees or other staff;
Amendment 724 #
Proposal for a regulation
Article 3 – paragraph 1 – point 36
Article 3 – paragraph 1 – point 36
Amendment 750 #
Proposal for a regulation
Article 3 – paragraph 1 – point 40
Article 3 – paragraph 1 – point 40
(40) ‘contact sensitive packaging’ means packaging that is intended to be used in any packaging applications in the scope of Regulations: (EC) No 1831/2003, (EC) No 1935/2004, (EC) No 767/2009, (EC) No 2009/1223, (EU) 2017/745, (EU) 2017/746, (EU) 2019/4, and (EU) 2019/6, Directives 2001/83/EC, or Directive 2008/682008/68/EC, 2002/46/EC and 2008/68/EC, or for the products defined in Article 1 of Decision 2014/763/ECU;
Amendment 762 #
Proposal for a regulation
Article 3 – paragraph 1 – point 43 a (new)
Article 3 – paragraph 1 – point 43 a (new)
(43a) 'plastic packaging' means packaging made wholly or mainly of plastic;
Amendment 864 #
Proposal for a regulation
Article 6 – paragraph 1
Article 6 – paragraph 1
1. AFrom 1 January 2030, all packaging shallould be recyclable.
Amendment 879 #
Proposal for a regulation
Article 6 – paragraph 2 – subparagraph 1 – point a a (new)
Article 6 – paragraph 2 – subparagraph 1 – point a a (new)
(aa) it can be recycled at scale: - it is effectively and efficiently separately collected in accordance with Article 43(1) and (2); - it is sorted into defined waste streams without affecting the recyclability of other waste streams; - it can be recycled so that the resulting secondary raw materials are of sufficient quality to substitute the primary raw materials;
Amendment 880 #
Proposal for a regulation
Article 6 – paragraph 2 – subparagraph 1 – point b
Article 6 – paragraph 2 – subparagraph 1 – point b
Amendment 884 #
Proposal for a regulation
Article 6 – paragraph 2 – subparagraph 1 – point c
Article 6 – paragraph 2 – subparagraph 1 – point c
Amendment 889 #
Proposal for a regulation
Article 6 – paragraph 2 – subparagraph 1 – point d
Article 6 – paragraph 2 – subparagraph 1 – point d
Amendment 897 #
Proposal for a regulation
Article 6 – paragraph 2 – subparagraph 1 – point e
Article 6 – paragraph 2 – subparagraph 1 – point e
Amendment 935 #
Proposal for a regulation
Article 6 – paragraph 3
Article 6 – paragraph 3
3. Recyclable packaging shallould, from 1 January 2030, comply with the design for recycling criteria as laid down in the delegated acts adopted pursuant to paragraph 4 and, from 1 January 2035, also with the recyclability at scale requirements laid down in the delegated acts adopted pursuant to paragraph 6. Where such packaging complies with those delegated acts, it shall be considered to comply with paragraph 2, points (a) and (eb).
Amendment 961 #
Proposal for a regulation
Article 6 – paragraph 4 – subparagraph 1
Article 6 – paragraph 4 – subparagraph 1
Amendment 996 #
Proposal for a regulation
Article 6 – paragraph 6 – introductory part
Article 6 – paragraph 6 – introductory part
6. TFrom 1 January 2026, the Commission shall, for each packaging type listed in Table 1 of Annex II, establish the methodology to assess if packaging is recyclable at scale. That methodology shall be based at least on the following elements:
Amendment 1019 #
Proposal for a regulation
Article 6 – paragraph 6 – subparagraph 2 (new)
Article 6 – paragraph 6 – subparagraph 2 (new)
Specific provisions should be approved for inert packaging placed on the market in very small quantities (i.e. around 0.1 % by weight) in the Union.
Amendment 1033 #
Proposal for a regulation
Article 6 – paragraph 7 – subparagraph 1 (new)
Article 6 – paragraph 7 – subparagraph 1 (new)
Amendment 1056 #
Proposal for a regulation
Article 6 – paragraph 10 – introductory part
Article 6 – paragraph 10 – introductory part
10. Until 31 December 2034, tThis Article shall not apply to the following:
Amendment 1072 #
Proposal for a regulation
Article 6 – paragraph 10 – point c a (new)
Article 6 – paragraph 10 – point c a (new)
(ca) crystal packaging as defined in Directive 69/493/EEC.
Amendment 1089 #
Proposal for a regulation
Article 7 – paragraph 1 – introductory part
Article 7 – paragraph 1 – introductory part
1. From 1 January 2030, the plastic part inprovided that the appropriate infrastructure is in place and operational, and that suitable recycled materials are available, plastic packaging shall contain the following minimum percentage of recycled content recovered from post-consumer plastic waste, per unit ofon average over all plastic packaging plackaged on the market by each undertaking:
Amendment 1152 #
Proposal for a regulation
Article 7 – paragraph 2 – introductory part
Article 7 – paragraph 2 – introductory part
2. From 1 January 2040, the plastic part inprovided that the appropriate infrastructure is in place and operational, and that suitable recycled materials are available, plastic packaging shall contain the following minimum percentage of recycled content recovered from post-consumer plastic waste, per unit ofon average over all plastic packaging plackaged on the market by each undertaking:
Amendment 1204 #
Proposal for a regulation
Article 7 – paragraph 3 – point d a (new)
Article 7 – paragraph 3 – point d a (new)
(da) insulated transport packaging with high thermal performance;
Amendment 1207 #
Proposal for a regulation
Article 7 – paragraph 3 – point d b (new)
Article 7 – paragraph 3 – point d b (new)
(db) packaging which must meet specific health and hygiene requirements, in accordance with sectoral regulations, and which, for its specific use, must meet technical and qualitative requirements.
Amendment 1259 #
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 packagon average over all plastic packaging placed on the market by each undertaking, 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 1286 #
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 b and d, for specific plastic packaging, or for the revision of the derogation established under paragraph 3 for specific plastic packaging.
Amendment 1300 #
Proposal for a regulation
Article 7 – paragraph 9 – subparagraph 2 – introductory part
Article 7 – paragraph 9 – subparagraph 2 – introductory part
Based on this assessment, the Commission is empowered to adopt delegated acts in accordance with Article 58 to amend this Regulation in order to: provide for derogations from the scope, timing or level of minimum percentage laid down in paragraph 1, points b and d, for specific plastic packaging.
Amendment 1303 #
Proposal for a regulation
Article 7 – paragraph 9 – subparagraph 2 – point a
Article 7 – paragraph 9 – subparagraph 2 – point a
Amendment 1315 #
Proposal for a regulation
Article 7 – paragraph 9 – subparagraph 2 – point b
Article 7 – paragraph 9 – subparagraph 2 – point b
Amendment 1326 #
Proposal for a regulation
Article 7 – paragraph 10 a (new)
Article 7 – paragraph 10 a (new)
10a. Where justified by the lack of availability or excessive prices, in particular because of insufficient collection arrangements, a lack of appropriate infrastructure such as that defined in Article 44, or significant use of recycled materials for applications that do not allow for further recycling, making compliance with the minimum percentages for recycled content laid down in paragraphs 1 and 2 excessively difficult, the Commission shall adopt a delegated act in accordance with Article 58 to amend paragraphs 1 and 2 by adjusting the minimum percentages accordingly.
Amendment 1351 #
Proposal for a regulation
Article 8 – paragraph 1
Article 8 – paragraph 1
1. By [OP: 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.
Amendment 1400 #
Proposal for a regulation
Article 9 – paragraph 1
Article 9 – paragraph 1
1. PFrom 1 January 2030, packaging shall be designed so that its weight and volume isare reduced to the minimum necessary for ensuringto perform its functionalitys as listed in the definition of packaging in Article 3(1), taking account of the material that the packaging is made of and its design, the format of the product and the necessary delivery arrangements.
Amendment 1412 #
Proposal for a regulation
Article 9 – paragraph 2
Article 9 – paragraph 2
2. PFrom 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 isand/or the products packaged are subject to geographical indications of origin and/or intellectual property rights (patent, licence, trademark, design or model) that are protected under Union legislation.
Amendment 1427 #
Proposal for a regulation
Article 9 – paragraph 3 – subparagraph 1 – introductory part
Article 9 – paragraph 3 – subparagraph 1 – introductory part
Amendment 1435 #
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 unless it is necessary to protect and transport the goods concerned.
Amendment 1448 #
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 as regards intellectual property aspects, which prevent further reduction of the packaging weight or volume, for each of these performance criteria;
Amendment 1456 #
Proposal for a regulation
Article 9 – paragraph 4 a (new)
Article 9 – paragraph 4 a (new)
4a. Packaging manufactured or imported before the deadlines referred to in paragraphs 1, 2 and 3 may be marketed up to 24 months after the entry into force of this Regulation.
Amendment 1503 #
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 and a QR code or other type of digital data carrier containing information on its material composition. This obligation does not apply to transport packaging. However, it applies to e- commerce packaging.
Amendment 1537 #
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). 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 1546 #
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 2s 1, 2 and 3 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, they shall be affixed to the grouped packaging.
Amendment 1578 #
Proposal for a regulation
Article 11 – paragraph 8 a (new)
Article 11 – paragraph 8 a (new)
Amendment 1635 #
Proposal for a regulation
Article 16 – paragraph 10 a (new)
Article 16 – paragraph 10 a (new)
Amendment 1638 #
Proposal for a regulation
Article 17 – paragraph 2 – point a
Article 17 – paragraph 2 – point a
Amendment 1647 #
Proposal for a regulation
Article 17 – paragraph 3
Article 17 – paragraph 3
Amendment 1650 #
Proposal for a regulation
Article 17 – paragraph 4
Article 17 – paragraph 4
Amendment 1660 #
Proposal for a regulation
Article 21 – paragraph 1
Article 21 – paragraph 1
1. EFrom 1 January 2030, 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 of all relevant packaging placed on the Union market by the economic operator concerned.
Amendment 1683 #
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 unless it is required in order to protect and transport the goods concerned.
Amendment 1706 #
Proposal for a regulation
Article 22 – paragraph 1
Article 22 – paragraph 1
1. EFrom 1 January 2030, economic operators shallould not place on the market packaging in the formats and for the purposes listed in Annex V.
Amendment 1722 #
Proposal for a regulation
Article 22 – paragraph 2
Article 22 – paragraph 2
2. By way of derogation from paragraph 1, eEconomic 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 20305.
Amendment 1737 #
Proposal for a regulation
Article 22 – paragraph 3
Article 22 – paragraph 3
3. Member States may exempt economic operators from point 3 of Annex V if they comply with the definition of micro-company and small enterprise 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.
Amendment 1758 #
Proposal for a regulation
Article 23 – paragraph 1
Article 23 – paragraph 1
1. Economic operators who place reusable packaging on the market shall ensure that a system for re-use of such packaging is in place, which meets the requirements laid down in Article 24 and Annex VI. This provision can be regarded as met by the extended producer responsibility schemes for recycling already in place in the Member States.
Amendment 1762 #
Proposal for a regulation
Article 24 – paragraph 1
Article 24 – paragraph 1
1. Economic operators making use of reusable packaging shall participate in one or more systems for re-use and shall ensure that the systems for re-use, which the reusable packaging is part of, comply with the requirements laid down in Part A of Annex VI. This provision can be regarded as met by the extended producer responsibility schemes for recycling already in place in the Member States.
Amendment 1799 #
Proposal for a regulation
Article 26 – paragraph 2
Article 26 – paragraph 2
Amendment 1828 #
Proposal for a regulation
Article 26 – paragraph 3
Article 26 – paragraph 3
Amendment 1862 #
Proposal for a regulation
Article 26 – paragraph 4
Article 26 – paragraph 4
Amendment 1885 #
Proposal for a regulation
Article 26 – paragraph 5
Article 26 – paragraph 5
Amendment 1927 #
Proposal for a regulation
Article 26 – paragraph 6 – point b
Article 26 – paragraph 6 – point b
Amendment 1949 #
Proposal for a regulation
Article 26 – paragraph 7 – point b
Article 26 – paragraph 7 – point b
Amendment 1964 #
Proposal for a regulation
Article 26 – paragraph 8 – point b
Article 26 – paragraph 8 – point b
Amendment 1990 #
Proposal for a regulation
Article 26 – paragraph 9 – point b
Article 26 – paragraph 9 – point b
Amendment 2019 #
Proposal for a regulation
Article 26 – paragraph 10 – point b
Article 26 – paragraph 10 – point b
Amendment 2040 #
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, which do not come into direct contact with food products.
Amendment 2104 #
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 have access to infrastructure necessary for the reuse system to function.
Amendment 2115 #
Proposal for a regulation
Article 26 – paragraph 15 a (new)
Article 26 – paragraph 15 a (new)
15a. Economic operators shall be exempted from the obligations to meet the targets in this Article if, in accordance with Article 4(2) of Directive 2008/98/EC, they can demonstrate that alternative packaging formats provide better outcomes with regard to the environment, the economy, health and hygiene.
Amendment 2176 #
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 2298 #
Proposal for a regulation
Article 43 – paragraph 1
Article 43 – paragraph 1
1. From 1 January 2030, Member States shall ensure that systems are set up to provide for the return and separate collection of all packaging waste from the end users 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. Member States shall ensure that a system is set up to provide priority access for recycled raw materials for use in applications where the distinct quality of the recycled material is retained or recovered in such a way as to allow further recycling and reuse in the same way and for the same or a similar product category, with minimal loss of quantity, quality or function.
Amendment 2344 #
Proposal for a regulation
Article 43 – paragraph 1
Article 43 – paragraph 1
1. From 1 January 2030, Member States shall ensure that systems are set up to provide for the return and separate collection of all packaging waste from the end users 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. Member States shall ensure that a system is set up to provide priority access for recycled raw materials for use in applications where the distinct quality of the recycled material is retained or recovered in such a way as to allow further recycling and reuse in the same way and for the same or a similar product category, with minimal loss of quantity, quality or function.