53 Amendments of Susana SOLÍS PÉREZ related to 2022/0396(COD)
Amendment 244 #
Proposal for a regulation
Recital 11 a (new)
Recital 11 a (new)
(11a) Where economic operators use independent delivery services that only receive packaged food and transport it to the end consumer, the delivery service should not be considered the final distributor
Amendment 254 #
Proposal for a regulation
Recital 12
Recital 12
(12) In line with the waste hierarchy set out in Article 4(2) of Directive 2008/98/EC, and in line with life-cycle thinking to deliver the best overall environmental outcome, the measures provided for under this Regulation aim at reducing the amount of packaging placed on the market in terms of its volume and weight, and preventing the generation of packaging waste, especially through packaging minimisation, avoiding packaging where it is not needed, and increased re-use and recycling of packaging. In addition, the measures aim at increasing the use of recycled content in packaging, especially in plastic packaging where the uptake of recycled content is very low, as well as higher recycling rates for all packaging and high quality of the resulting secondary raw materials while reducing other forms of recovery and final disposal.
Amendment 279 #
Proposal for a regulation
Recital 15 a (new)
Recital 15 a (new)
(15a) In light of the health and environmental emergency represented by per- and polyfluoroalkyl substances (PFAS) and, awaiting ECHA's opinion regarding this long family of compounds, there should be a ban to place on the market paper and board or any other packaging food contact material in which PFASs have been used intentionally and, nonetheless, in the case there was confirmation of migration of such products that put consumers’ health in risk, a functional barrier should be included to prevent it.
Amendment 395 #
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, this should not compromise product specifications for craft and industrial products and food , beveragesand agricultural products that are registered and protected under the EU geographical indication protection scheme, as part of the Union’s objective to protect cultural heritage and traditional know-how. On the other hand, recyclability, the use of recycled content, and re-use may justify additional packaging weight or volume, and should be added to the performance criteria. Packaging with double walls, false bottoms and other characteristics only aimed to increase the perceived product volume should not be placed on the market, as it does not meet the requirement for packaging minimisation. The same rule should apply to superfluous packaging not necessary for ensuring packaging functionality. _________________ 57 Packaging – Requirements specific to manufacturing and composition – Prevention by source reduction.
Amendment 452 #
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 re-use and refill targets. However, containers owned by the consumer, performing a packaging or a kitchenware or tableware function in the context of refill, such as reusable cups, mugs, bottles or boxes are not packaging in the sense of this Regulation. even when they were originally placed on the market as food packaging
Amendment 500 #
Proposal for a regulation
Recital 91
Recital 91
(91) To achieve an ambitious and sustained reduction in the overall packaging waste generation, targets should be laid down for the reduction of packaging waste per capita to be achieved by 2030. Meeting a target of 5 % reduction in 2030 compared to 2018 should entail an overall absolute reduction of approximately 19 % on average across the Union in 2030 compared to the 2030 baseline. Member States should reduce packaging waste generation by 10 %, compared to 2018, by 2035; this is estimated to reduce packaging waste by 29 % compared to the 2030 baseline. In order to ensure that the reduction efforts continue beyond 2030, a reduction target of 10 % from 2018, which would mean a reduction of 29 % compared to baseline, should be set for 2035 and, for 2040, a reduction target of 15 % from 2018, which means a reduction of 37 % compared to baseline should be established. Member States which have established a different system for the management of household packaging waste, on the one hand, and of industrial and commercial packaging waste, on the other, should have the opportunity to retain their specificity, wich should never distort the way countries report packaging waste rates in Europe.
Amendment 587 #
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 as regards the requirements regarding the choice of options that deliver the best overall environmental outcome justified by life- cycle thinking provided for in paragraph 2 of Article 4 of Directive 2008/98/EC.
Amendment 638 #
Proposal for a regulation
Article 3 – paragraph 1 – point 18 a (new)
Article 3 – paragraph 1 – point 18 a (new)
(18a) ‘plastic packaging’ means a packaging that is wholly or predominantly made of plastic;
Amendment 653 #
Proposal for a regulation
Article 3 – paragraph 1 – point 22 a (new)
Article 3 – paragraph 1 – point 22 a (new)
(22a) 'recycle' means any recovery operation by which waste materials are reprocessed into products, materials or substances whether for the original or other purposes. It includes the reprocessing of organic material but does not include energy recovery and the reprocessing into materials that are to be used as fuels or for backfilling operations.
Amendment 659 #
Proposal for a regulation
Article 3 – paragraph 1 – point 28
Article 3 – paragraph 1 – point 28
(28) ‘refill’ means an operation, considered as a packaging waste prevention measure, by which an end user fills its own container, which fulfils the packaging function, with a product or several products offered by the final distributor in the context of a commercial transaction; with the exception of being filled in at home.
Amendment 777 #
Proposal for a regulation
Article 3 – paragraph 1 – point 60 a (new)
Article 3 – paragraph 1 – point 60 a (new)
(60a) “containers that fulfill a kitchenware or tableware function”: means packaging intended to be originally used as food-packaging and certified to perform kitchenware or tableware functions during their lifespan. Such certifications should demonstrate certain design characteristics such as its washability and its thermal resistance.
Amendment 827 #
Proposal for a regulation
Article 5 – paragraph 2 a (new)
Article 5 – paragraph 2 a (new)
2a. Paper and cardboard or any other packaging food contact material shall not use per- and polyfluoroalkyl substances (PFAS). In case there is proven evidence of migration of such chemicals that put in risk consumers’ health, a functional barrier should be included to prevent it.
Amendment 845 #
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)by the European Standardisation Organisations shall not restrict the presence of substances in packaging or packaging components for reasons relating primarily to chemical safety. They shall address, as appropriate, substances of concern that negatively affect the re-use and recycling of materials in the packaging in which they are present, and shall, as appropriate, identify the specific substances concerned and their associated criteria and limitations.
Amendment 853 #
Proposal for a regulation
Article 5 – paragraph 5 a (new)
Article 5 – paragraph 5 a (new)
Amendment 932 #
Proposal for a regulation
Article 6 – paragraph 3
Article 6 – paragraph 3
3. Recyclable packaging shall, from 1 January 2030, comply with the design for recycling criteria as laid down in the delegated acts adoptedstandards developed by the European Standardisation Organisations, pursuant to paragraph 4 and, from 1 January 2035, also with the recyclability at scale requirements laid down in the delegated actstandards developed by the European Standardisation Organisations adopted pursuant to paragraph 6. Where such packaging complies with those delegated actstandards, it shall be considered to comply with paragraph 2, points (a) and (e).
Amendment 946 #
Proposal for a regulation
Article 6 – paragraph 4 – subparagraph 1
Article 6 – paragraph 4 – subparagraph 1
Amendment 982 #
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 adoptedstandards developed by the European Standardisation Organisations pursuant to paragraph 4 for the packaging category, to which the packaging belongs.
Amendment 1015 #
Proposal for a regulation
Article 6 – paragraph 6 – point d a (new)
Article 6 – paragraph 6 – point d a (new)
(da) specific provisions should be approved for inert packaging placed on the market in very small quantities (i.e., approximately 0,1 % by weight) in the Union.
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 1070 #
Proposal for a regulation
Article 6 – paragraph 10 – point c a (new)
Article 6 – paragraph 10 – point c a (new)
(ca) reusable transport packaging placed on the market prior to the date of application of this Regulation.
Amendment 1081 #
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 actstandards referred to in paragraphs 4 and 6 of this Article and, as regards plastic packaging, also in accordance with the Article 7(6).
Amendment 1135 #
Proposal for a regulation
Article 7 – paragraph 1 – point d
Article 7 – paragraph 1 – point d
(d) 35 % for plastic packaging other than those referred to in points (a), (b) and (c), except for contact sensitive plastic packaging made from plastic materials other than PET.
Amendment 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 1244 #
Proposal for a regulation
Article 7 – paragraph 6
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 recycled content used in the plastic packaging.
Amendment 1277 #
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 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 1318 #
Proposal for a regulation
Article 7 – paragraph 9 a (new)
Article 7 – paragraph 9 a (new)
9a. By 1 January 2030, the Commission shall assess the market availability at scale of high quality recyclates for contact sensitive plastic packaging. Based on this assessment, the Commission is empowered to adopt delegated acts in accordance with Article 58 to amend Paragraph 2 of this article in order to establish a minimum percentage of recycled content from post-consumer plastic waste for contact sensitive plastic packaging, except single use plastic beverage bottles.
Amendment 1455 #
Proposal for a regulation
Article 9 – paragraph 4 a (new)
Article 9 – paragraph 4 a (new)
4a. Paragraph 4 shall not apply to micro, small and medium sized economic operators that are not part of a large group, in line with Article 3 (1), (2), (3) and (7) of Directive 2013/34/EU.
Amendment 1470 #
Proposal for a regulation
Article 10 – paragraph 1 – point d
Article 10 – paragraph 1 – point d
(d) it is capable of being emptied, unloaded, refilled or reloaded or re-used as tableware or kitchenware while ensuring compliance with the applicable safety and hygiene requirements;
Amendment 1473 #
Proposal for a regulation
Article 10 – paragraph 1 – point e
Article 10 – paragraph 1 – point e
(e) it is capable of being reconditioned in accordance with Part B of Annex VI, whilst maintaining its ability to perform its intended function; or, in case it is originally designed to be reused as tableware or kitchenware, it is proven by design characteristics such as washability, repairability, durability without losing product functionality, economic benefit for the consumer, and general consumer perception.
Amendment 1477 #
Proposal for a regulation
Article 10 – paragraph 1 – point f
Article 10 – paragraph 1 – point f
(f) it can be emptied, unloaded, refilled or reloaded or re-used as tableware or kitchenware while maintaining the quality and safety of the packaged product and allowing for the attachment of labelling, and the provision of information on the properties of that product and on the packaging itself, including any relevant instructions and information for ensuring safety, adequate use, traceability and shelf- life of the product;
Amendment 1482 #
Proposal for a regulation
Article 10 – paragraph 1 – point g
Article 10 – paragraph 1 – point g
(g) it can be emptied, unloaded, refilled or reloaded or re-used as tableware or kitchenware without risk to the health and safety of those responsible for doing so;
Amendment 1501 #
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 composition. The label shall be based on pictograms and be easily understood without the need for text written in national language. This obligation does not apply to transport packaging. However, it applies to e- commerce packaging.
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 1681 #
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, whereas empty spaces are exempted if they occur due the shape of a product, where the minimisation of empty spaces would lead to an increased ammount of packaging material.
Amendment 1747 #
Proposal for a regulation
Article 22 – paragraph 4
Article 22 – paragraph 4
4. The Commission shall be empowered to adopt delegated acts in accordance with Article 58 to amend Annex V in order to adapt it to technical and scientific progress with the objective to reducing packaging waste and improving the overall environmental outcome, which may require specific waste streams departing from the hierarchy where this is justified by life-cycle assessment. When adopting those delegated acts, the Commission shall consider the potential of the restrictions on the use of specific packaging formats to reduce the packaging waste generated while ensuring an overall positive environmental impact, and shall take into account the availability of alternative packaging solutions that meet requirements set out in legislation applicable to contact sensitive packaging, as well as their capability to prevent microbiological contamination of the packaged product.
Amendment 1748 #
Proposal for a regulation
Article 22 – paragraph 4
Article 22 – paragraph 4
4. The Commission shall be empowered to adopt delegated acts in accordance with Article 58 to amend Annex V in order to adapt it to technical and scientific progress with the objective to reducing packaging waste and improve the best overall environmental outcome justified by life-cycle thinking provided for in paragraph 2 of Article 4 of Directive 2008/98/EC. When adopting those delegated acts, the Commission shall consider the potential of the restrictions on the use of specific packaging formats to reduce the packaging waste generated while ensuring an overall positive environmental impact, and shall take into account the availability of alternative packaging solutions that meet requirements set out in legislation applicable to contact sensitive packaging, as well as their capability to prevent microbiological contamination of the packaged product.
Amendment 1760 #
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 except in cases where packaging is re-used as tableware or kitchenware.
Amendment 1771 #
Proposal for a regulation
Article 24 – paragraph 2 a (new)
Article 24 – paragraph 2 a (new)
2a. The obligations referred to in paragraphs 1 and 2 shall not apply to packaging designed to be re-used as kitchenware or tableware.
Amendment 1787 #
Proposal for a regulation
Article 26 – paragraph 1
Article 26 – paragraph 1
1. From 1 January 2030, economic operators making large household appliances listed in point 2 of Annex II to Directive 2012/19/EU available on the market for the first time within the territory of a Member State shall ensure that 90 % of those products are made available in reusable transport packaging within a system for re-use or in single-use transport packaging with a minimum of 90% recycled content.
Amendment 1788 #
Proposal for a regulation
Article 26 – paragraph 1
Article 26 – paragraph 1
1. From 1 January 2030, economic operators making large household appliances listed in point 2 of Annex II to Directive 2012/19/EU available on the market for the first time within the territory of a Member State shall ensure that 90 % of those products are made available in reusable transport packaging, excluding paper board and corrugated board, within a system for re-use.
Amendment 1919 #
Proposal for a regulation
Article 26 – paragraph 6 – introductory part
Article 26 – paragraph 6 – introductory part
6. The manufacturer and the final distributor making available on the market within the territory of a Member State in sales packaging non-alcoholic beverages in the form of water, water with added sugar, water with other sweetening matter, flavoured water, soft drinks, soda lemonade, iced tea and similar beverages which are immediately ready to drink, pure juice, juice or must of fruits or vegetables and smoothies without milk and non- alcoholic beverages containing milk fatwith the exception of drinks and beverages that are highly perishable in line with Regulation (EU) 1169/2011 such as fruit juices, smoothies, milk and plant-based drinks, shall ensure that:
Amendment 1959 #
Proposal for a regulation
Article 26 – paragraph 8 – point a
Article 26 – paragraph 8 – point a
(a) from 1 January 2030, 10 % of such packaging used is reusable packaging within a system for re-use or contains a minimum of 90% recycled content;
Amendment 1969 #
Proposal for a regulation
Article 26 – paragraph 8 – point b
Article 26 – paragraph 8 – point b
(b) from 1 January 2040, 50 % of such packaging used is reusable packaging within a system for re-use or contains a minimum of 90% recycled content;
Amendment 2004 #
Proposal for a regulation
Article 26 – paragraph 10 – introductory part
Article 26 – paragraph 10 – introductory part
10. Economic operators using grouped packaging in the form of boxes, excluding cardpaper board and corrugated board, used outside of sales packaging to group a certain number of products to create a stock-keeping unit shall ensure that:
Amendment 2044 #
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 not in direct contact with food, including flexible formats.
Amendment 2074 #
Proposal for a regulation
Article 26 – paragraph 13 – subparagraph 2
Article 26 – paragraph 13 – subparagraph 2
This obligation applies to pallets, boxes, excluding cardboard, plastic crates intermediate bulk containers, and drums, of all sizes and materials not in direct contact with food, including flexible formats.
Amendment 2103 #
Proposal for a regulation
Article 26 – paragraph 15
Article 26 – paragraph 15
15. Economic operators shall be exempted from the obligation to meet the targets in paragraphs 2 to 6: (a) if, during a calendar year, they have a sales area of not more than 100 m2, including also all storage and dispatch areas; (b) reuse is not the option that delivers the best overall environmental outcome justified by life-cycle thinking provided for in paragraph 2 of Article 4 of Directive 2008/98/EC.
Amendment 2244 #
Proposal for a regulation
Article 38 – paragraph 1 a (new)
Article 38 – paragraph 1 a (new)
1a. Member States which have established a dual system for the management of packaging waste, one for household packaging waste and the other for industrial and commercial packaging waste may have the opportunity to retain their specificity. The retention of the specificities at Member State level shall not distort the way Member States report packaging waste in Europe.
Amendment 2254 #
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. 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 2301 #
Proposal for a regulation
Article 43 – paragraph 1
Article 43 – paragraph 1
1. 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. In order to avoid down cycling, Member States shall provide a priority access to the material for recycling for use in applications where the distinct quality of the recyclate is preserved or recovered.
Amendment 2347 #
Proposal for a regulation
Article 43 – paragraph 1
Article 43 – paragraph 1
1. 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. In order to avoid down cycling, Member States shall provide a priority access to the material for recycling for use in applications where the distinct quality of the recyclate is preserved or recovered.
Amendment 2348 #
Proposal for a regulation
Article 43 – paragraph 1
Article 43 – paragraph 1
1. 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. In order to avoid down cycling, Member States shall provide a priority access to the material for recycling for use in applications where the distinct quality of the recyclate is preserved or recovered.