Activities of Francesca DONATO related to 2022/0396(COD)
Plenary speeches (1)
Packaging and packaging waste (debate)
Amendments (71)
Amendment 103 #
Proposal for a regulation
Recital 5
Recital 5
(5) In line with the Green Deal33 , the new Circular Economy Action Plan (CEAP)34 commits to reinforcing the essential requirements for packaging in view of making all packaging on the EU market reusable or recyclable in an economically viable way by 2030, and to consider other measures to reduce (over)packaging and packaging waste, drive design for re-use and recyclability of packaging, reduce the complexity of packaging materials and introduce requirements for recycled content in plastic packaging. It commitThe new CEAP also commits to reduce food waste and encourages circular approaches to the use of water. It tasks the Commission to assess the feasibility of Union-wide labelling that facilitates the correct separation of packaging waste at source. _________________ 33 https://eur-lex.europa.eu/legal- content/EN/TXT/?uri=COM%3A2019%3 A640%3AFIN 34 https://eur-lex.europa.eu/legal- content/EN/TXT/?uri=COM:2020:98:FIN &WT.mc_id=Twitter
Amendment 106 #
Proposal for a regulation
Recital 8
Recital 8
(8) The European Parliament’s Resolution of 10 February 2021 on the New Circular Economy Action Plan39 reiterated the objective of making all packaging reusable or recyclable in an economically viable way by 2030 and called on the Commission to present a legislative proposal including waste reduction measures and targets and ambitious essential requirements in the Packaging and Packaging Waste Directive to reduce excessive packaging, including in e-commerce, improve recyclability and minimise the complexity of packaging, increase recycled content, phase out hazardous and harmful substances, and promote re-use. It also stressed that food safety and hygiene standards must not be compromised. _________________ 39 https://www.europarl.europa.eu/doceo/doc ument/TA-9-2021-0040_EN.html
Amendment 114 #
Proposal for a regulation
Recital 12 a (new)
Recital 12 a (new)
Amendment 118 #
Proposal for a regulation
Recital 13
Recital 13
(13) Packaging should be designed, manufactured and commercialised in such a way as to allow for its re-use or high- quality recycling, and to minimise its impact on the environment during its entire life-cycle and the life cycle of products, for which it was designed. This can also justify deviations from the waste hierarchy according to Article 4(2) of Directive 2008/98/EC, for example with regard to the use of recyclable single-use packaging and reusable packaging.
Amendment 120 #
Proposal for a regulation
Recital 16 a (new)
Recital 16 a (new)
(16a) A comprehensive system of traceability for food products is essential through all stages of the food chain, from production, to processing and distribution, to ensure the functioning of the internal market for food. This enables targeted and accurate withdrawals can be undertaken and information given to consumers or control officials, thereby avoiding the potential for unnecessary wider disruptions in the event of food safety issues. In these regards, packaging is fundamental and non-replaceable as it ensures that food which is placed on the Union market is adequately labelled and identified, and therefore can be traced.
Amendment 143 #
Proposal for a regulation
Recital 40
Recital 40
(40) Packaging should be designed so as to minimise its volume and weight while maintaining its ability to perform the packaging functions, including those referred to in Article 3(1) and Annex IV of this Regulation. 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 30, 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 and 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 – PIn order to give sufficient time to the economic operators to adapt, packaging should comply with such requirevmentions by source reduction1 January 2030.
Amendment 145 #
Proposal for a regulation
Recital 41
Recital 41
(41) In order to comply with the packaging minimisation requirements, particular attention should be paid to limiting the empty space, in grouped and transport packaging, including e-commerce packaging, while maintaining the ability of packaging to perform its functionalities, including those referred to in Article 3(1) and Annex IV of this Regulation.
Amendment 146 #
Proposal for a regulation
Recital 43
Recital 43
(43) To promote the circularity and sustainable use of packaging, reusable packaging and systems for re-use should be incentivised, without prejudice to Article 4(2) of Directive 2008/98/EC. 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.
Amendment 157 #
Proposal for a regulation
Recital 60
Recital 60
(60) The problem of excessive packaging waste generation cannot be fully addressed by setting obligations on packaging design. For certain packaging types, obligations to reduce the empty space should be set on economic operators in terms of reducing the empty space when using such packaging. In case of grouped, transport and e-commerce packaging used for the supply of products to final distributors or end users, the empty space ration should not exceed 40 %be minimised subject to the performance criteria listed in Part I of Annex IV. In line with the waste hierarchy, it should be possible for economic operators using sales packaging as e- commerce packaging to be exempted from this obligation.
Amendment 160 #
Proposal for a regulation
Recital 61
Recital 61
Amendment 173 #
Proposal for a regulation
Recital 67
Recital 67
(67) In order to reduce the increasing proportion of packaging that is single use and the growing amounts of packaging waste generated, it is necessary to establish quantitative re-use and refill targets on packaging in sectors, which have been assessed as having the greatest potential for packaging waste reduction, namely food and bevera. The introduction of quantitative re-use and refill targets for take-away, large- white goods and transport packaging. This was appraised based onshould be done when they represent the best environmental option considering the whole life cycle of packaging, and should be based on proper impact assessments considering 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, wereshould also be taken into account. The setting of the targets is expected to support the innovation and increase the proportion of re-use and refill solutions. The use of single use packaging for food and beverages filled and consumed within the premises in the HORECA sector should not be allowed.
Amendment 177 #
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 ofcan be replaced by 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 within the Union, to predominantly use reusable transport packaging with respect to packaging formats such as pallets, foldable plastic boxes, plastic crates, intermediate bulk containers, both rigid and flexible, or drums. The same obligation should, for the same reasons, apply to economic operators transporting products within one Member State.
Amendment 184 #
Proposal for a regulation
Recital 90
Recital 90
(90) Waste prevention is the most efficient way to improve resource efficiency and to reduce the environmental impact of waste. It is important therefore that economic operators take appropriate measures to reduce the waste generation by eliminating excessive packaging and restrict the uses of certain packaging formats, extending the life span of packaging, re-designing products so that no packaging or less packaging can be used, including bulk sales, and by shifting from single use packaging to reusable packaging where it makes sense from a climate and environmental standpoint, considering the whole life cycle of packaging.
Amendment 226 #
Proposal for a regulation
Article 3 – paragraph 1 – point 28
Article 3 – paragraph 1 – point 28
(28) ‘refill’ means an operation entailing a system for refill by which an end user fills its owna container, which fulfils the packaging function, with a product or several products offered by the final distributor in the context of a commercial transactionpurchased through a final distributor;
Amendment 235 #
(32) ‘recycled at scale’ means collected, sorted and recycled through installed state-of-the-art infrastructure and processes, covering at least 75 % of the Uniothe existence of a clear pathway and sufficient capacity for the collected packaging waste to be directed to defined and recognised waste streams through infrastructure and established processes for reprocessing in actual systems proven in populerational environment, including packaging waste exported from the Union that meets the requirements of Article 47(5);
Amendment 239 #
Proposal for a regulation
Article 3 – paragraph 1 – point 34
Article 3 – paragraph 1 – point 34
(34) ‘integrated component’ means a packaging component that may be distinct from the main body of the packaging unit, and may be of a different material, but is integral to the packaging unit and its functioning and does not need to be separated from the main packaging unit in order to consume the product and is typically discarded at the same time as the packaging unit, although not necessarily in the same disposal route;is recommended to be disposed together with the main body of the packaging.
Amendment 240 #
Proposal for a regulation
Article 3 – paragraph 1 – point 35
Article 3 – paragraph 1 – point 35
(35) ‘separate component’ means a packaging component that is distinct from the main body of the packaging unit, which may be of a different material, that needs to becan be manually disassembled completely and permanently from the main packaging unit in order to access the product, and that is typically discarded prior to anbody of the packaging by the end consumer, and that is recommended to be disposed separately from the main body of the packaging unit;;
Amendment 286 #
Proposal for a regulation
Article 6 – paragraph 1
Article 6 – paragraph 1
1. All packaging shall be recyclable. Conformity with this paragraph shall be assessed based on criteria laid out in paragraph 2 of this Article.
Amendment 292 #
Proposal for a regulation
Article 6 – paragraph 2 – subparagraph 1 – point b
Article 6 – paragraph 2 – subparagraph 1 – point b
(b) it is effectively and efficientlycan be recycled at scale so that: (i) it is included in a separately collectedion stream in accordance with Article 43(1) and (2);
Amendment 293 #
Proposal for a regulation
Article 6 – paragraph 2 – subparagraph 1 – point c
Article 6 – paragraph 2 – subparagraph 1 – point c
(c) it is sorted into defined waste streams without affecting the recyclability of other waste streams;
Amendment 295 #
Proposal for a regulation
Article 6 – paragraph 2 – subparagraph 1 – point d
Article 6 – paragraph 2 – subparagraph 1 – point d
(d) it can be recycled so that the resulting secondary raw materials are of sufficient quality to substitute the primary raw materials;
Amendment 297 #
Proposal for a regulation
Article 6 – paragraph 2 – subparagraph 1 – point e
Article 6 – paragraph 2 – subparagraph 1 – point e
Amendment 303 #
Proposal for a regulation
Article 6 – paragraph 2 – subparagraph 2 a (new)
Article 6 – paragraph 2 – subparagraph 2 a (new)
Member States shall endeavour to phase out the landfilling and/or incineration of packaging waste compliant with Article 6(2).2a. Member States shall endeavour to phase out the landfilling and/or incineration of packaging waste compliant with Article 6(2).
Amendment 310 #
Proposal for a regulation
Article 6 – paragraph 4 – subparagraph 1
Article 6 – paragraph 4 – subparagraph 1
Amendment 319 #
Proposal for a regulation
Article 6 – paragraph 4 – subparagraph 2
Article 6 – paragraph 4 – subparagraph 2
Amendment 325 #
Proposal for a regulation
Article 6 – paragraph 5 – subparagraph 2
Article 6 – paragraph 5 – subparagraph 2
Amendment 326 #
Proposal for a regulation
Article 6 – paragraph 6 – introductory part
Article 6 – paragraph 6 – introductory part
6. TBy 31 December 2029, the Commission shall, for each packaging typecategory listed in Table 1 of Annex II, establish the methodology to assess if packaging is recyclable at scale. That methodology shall be adopted by delegated act and be based at least on the following elements:
Amendment 330 #
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 material listed in Table 1 of Annex II, in the Union as whole and in each Member State;, taking into account Member States obligation under Article 43 of this Regulation
Amendment 331 #
Proposal for a regulation
Article 6 – paragraph 6 – point d
Article 6 – paragraph 6 – point d
(d) installed infrastructure capacities for sorting and recycling in the Union as a whole for each packaging type listed in Table 1 of Annex II., taking into account Member States obligation under Article 43 of this Regulation
Amendment 333 #
Proposal for a regulation
Article 6 – paragraph 6 – subparagraph 1 (new)
Article 6 – paragraph 6 – subparagraph 1 (new)
Failure by Member States to comply with Article 43 shall not lead to an assessment of noncompliance of certain packaging with Article 6 (2) (b).
Amendment 353 #
Proposal for a regulation
Article 7 – paragraph 1 – introductory part
Article 7 – paragraph 1 – introductory part
1. From 1 January 2030, the plastic part in packaging shall containproducers shall ensure the following minimum percentage of recycled content recovered from post-consumer plastic waste, per unit of packaging as an average of their portfolio of plastic packaging placed on the Union market, as follows:
Amendment 370 #
Proposal for a regulation
Article 7 – paragraph 2 – introductory part
Article 7 – paragraph 2 – introductory part
2. From 1 January 2040, the plastic part in packaging shall containproducers shall ensure the following minimum percentage of recycled content recovered from post-consumer plastic waste, per unit of packaging as an average of its portfolio of plastic packaging placed on the Union market, as follows:
Amendment 387 #
Proposal for a regulation
Article 7 – paragraph 3 a (new)
Article 7 – paragraph 3 a (new)
3a. lacquers, inks and adhesives.
Amendment 388 #
Proposal for a regulation
Article 7 – paragraph 3 b (new)
Article 7 – paragraph 3 b (new)
3b. compostable plastic packaging;
Amendment 389 #
Amendment 402 #
Proposal for a regulation
Article 7 – paragraph 7
Article 7 – paragraph 7
7. By 31 December 2026Within 12 months from the date of entry into force of this Regulation, the Commission is empowered toshall 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 VIIas an average of its portfolio of plastic packaging placed on the Union market, and the format for the technical documentation referred to in Annex VII. The methodology shall be based on an EU harmonized fuel-exempt mass balance chain of custody method. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 59(3).
Amendment 414 #
Proposal for a regulation
Article 7 – paragraph 9 – subparagraph 1
Article 7 – paragraph 9 – subparagraph 1
By 1 January 20285 years before the entry into force of paragraph 1 and 2 of this article, the Commission shall assess the need for derogations from the minimum percentage laid down in paragraph 1, points a, b and d, and in paragraph 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.
Amendment 416 #
Proposal for a regulation
Article 7 – paragraph 9 – subparagraph 2 – introductory part
Article 7 – paragraph 9 – subparagraph 2 – introductory part
Amendment 417 #
Proposal for a regulation
Article 7 – paragraph 9 – subparagraph 2 – point a
Article 7 – paragraph 9 – subparagraph 2 – point a
(a) provide for derogations from the scope, timing or level of minimum percentage laid down in paragraph 1, points a, b and d, and in paragraph 2, points a, b and c for specific plastic packaging, and, as appropriate,
Amendment 421 #
Proposal for a regulation
Article 7 – paragraph 10
Article 7 – paragraph 10
10. Where justified by the lack of availability or excessive prices of specific recycled plastics that may have adverse effects on human or animal health, security of food supply or the environment, making compliance with the minimum percentages of recycled content set out in paragraphs 1 and 2 excessively difficult, the Commission shall be empowey means of an urgency procedured to be adopt aed by delegated act in accordance with Article 58, be empowered to amend paragraphs 1 and 2 by adjusting the minimum percentages accordingly. In evaluating the justification of such adjustment, the Commission shall assess requests from natural or legal persons to be accompanied by relevant information and data on the market situation for this post-consumer plastic waste and best available evidence regarding the related risks to human or animal health, to the security of food supply or to the environment.
Amendment 504 #
Proposal for a regulation
Article 21 – paragraph 1
Article 21 – paragraph 1
1. EBy 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 %inimised subject to the performance criteria listed in Part I of Annex IV.
Amendment 507 #
Proposal for a regulation
Article 21 – paragraph 2 – subparagraph 1 – point a
Article 21 – paragraph 2 – subparagraph 1 – point a
Amendment 510 #
Proposal for a regulation
Article 21 – paragraph 2 – subparagraph 1 – point b
Article 21 – paragraph 2 – subparagraph 1 – point b
Amendment 518 #
Proposal for a regulation
Article 22
Article 22
Amendment 567 #
Proposal for a regulation
Article 26 – paragraph 2 – point b
Article 26 – paragraph 2 – point b
Amendment 585 #
Proposal for a regulation
Article 26 – paragraph 3 – point b
Article 26 – paragraph 3 – point b
Amendment 601 #
Proposal for a regulation
Article 26 – paragraph 4 – point b
Article 26 – paragraph 4 – point b
Amendment 616 #
Proposal for a regulation
Article 26 – paragraph 5 – point b
Article 26 – paragraph 5 – point b
Amendment 630 #
Proposal for a regulation
Article 26 – paragraph 6 – point b
Article 26 – paragraph 6 – point b
Amendment 641 #
Proposal for a regulation
Article 26 – paragraph 7 – point b
Article 26 – paragraph 7 – point b
Amendment 648 #
Proposal for a regulation
Article 26 – paragraph 8 – point b
Article 26 – paragraph 8 – point b
Amendment 661 #
Proposal for a regulation
Article 26 – paragraph 9 – point b
Article 26 – paragraph 9 – point b
Amendment 677 #
Proposal for a regulation
Article 26 – paragraph 10 – point b
Article 26 – paragraph 10 – point b
Amendment 681 #
Proposal for a regulation
Article 26 – paragraph 11 a (new)
Article 26 – paragraph 11 a (new)
11a. By 1 January 2030 or at the latest when carrying out an evaluation of this Regulation as prescribed in Article 63, the Commission shall evaluate the feasibility and need of proposing new reuse targets.
Amendment 685 #
Proposal for a regulation
Article 26 – paragraph 12 – subparagraph 1 – introductory part
Article 26 – paragraph 12 – subparagraph 1 – introductory part
Amendment 690 #
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 or not made of food contact materials, including flexible formats.
Amendment 701 #
Proposal for a regulation
Article 26 – paragraph 13 – subparagraph 1
Article 26 – paragraph 13 – subparagraph 1
Amendment 705 #
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 or not made of food contact materials, including flexible formats.
Amendment 730 #
Proposal for a regulation
Article 26 – paragraph 15 a (new)
Article 26 – paragraph 15 a (new)
15a. In accordance with paragraph 2 of Article 4 of Directive 2008/98/EC, the obligation to meet the targets in paragraphs 2 to 10 shall not apply to economic operators that opt for single-use packaging formats delivering a better overall environmental outcome justified by life-cycle thinking through lifecycle assessments or product environmental footprint methods.
Amendment 740 #
Proposal for a regulation
Article 26 – paragraph 16 – point a
Article 26 – paragraph 16 – point a
Amendment 744 #
Proposal for a regulation
Article 26 – paragraph 16 – point c
Article 26 – paragraph 16 – point c
Amendment 749 #
Proposal for a regulation
Article 26 – paragraph 16 a (new)
Article 26 – paragraph 16 a (new)
16a. Economic operators shall be exempted from the obligation to meet the targets laid down in paragraphs 2 to 6 of this Article when justified by hygiene, food safety or environmental performance preventing the achievement of those targets.
Amendment 783 #
Proposal for a regulation
Article 43 – paragraph 1
Article 43 – paragraph 1
1. By 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 usersnd infrastructures are set up to ensure that all packaging compliant with Article 6 paragraph 2 point (a) is included in a separate waste collection stream in order to ensure that it is treated in accordance with Articles 4, 11 and 13 of Directive 2008/98/EC, and to facilitate its preparation for re-use and high qualityensure recycling.
Amendment 791 #
Proposal for a regulation
Article 43 – paragraph 3 a (new)
Article 43 – paragraph 3 a (new)
3a. Envisage the efforts of Member States to phase out the landfilling and/or incineration of recyclable packaging
Amendment 811 #
Proposal for a regulation
Article 46 – paragraph 4
Article 46 – paragraph 4
4. By [OP: Please insert the date = 8 years after the date of entry into force of this Regulation]31 December 2029, the Commission shall review the targets laid down in paragraph 1, points (c) and (d), of with a view to increaassessing them necessity orf setting further targets. for Member States to be reached by 2035 and 2040 based on the adopted common methodology for assessing recyclability at scale. To that end, the Commission shall submit a report to the European Parliament and to the Council, accompanied, if the Commission finds it appropriate, by a legislative proposal.
Amendment 826 #
Proposal for a regulation
Annex II - Table 2 Recyclability performance grades
Annex II - Table 2 Recyclability performance grades
Recyclability Assessment of recyclability per unit, in weight Performance Grade Grade A higher or equal to 95 %Highest compatibility with design for recycling criteria Grade B hHigher or equal to 90 % Grade C higher or equal to 80 % Grade D higher or equal to 70 % Grade E lower than 70 % to medium compatibility with design for recycling criteria Grade C Medium compatibility with design for recycling criteria Grade D Medium to low compatibility with design for recycling criteria Grade E Not compatible with design for recycling criteria
Amendment 829 #
Proposal for a regulation
Annex IV – Part I – point 2
Annex IV – Part I – point 2
2. Packaging manufacturing processes: The packaging design shall be compatible with the packaging manufacturing and filling processes available on the market.
Amendment 832 #
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 used for the identification of these design requirements shall be described, and the reasons preventing further reduction of the packaging weight or volume shall be explained. All reduction opportunities with a given packaging material shall be investigated. It shall not be sufficient to substitute one packaging material with another;
Amendment 833 #
Proposal for a regulation
Annex IV – Part II – paragraph 1 – point b
Annex IV – Part II – paragraph 1 – point b
Amendment 834 #
Proposal for a regulation
Annex IV – Part II – paragraph 1 – point c
Annex IV – Part II – paragraph 1 – point c
Amendment 836 #
Proposal for a regulation
Annex V
Annex V