58 Amendments of Seán KELLY related to 2022/0396(COD)
Amendment 107 #
Proposal for a regulation
Recital 8 a (new)
Recital 8 a (new)
(8a) In its Resolution of 15 September 2022 on the consequences of drought, fire, and other extreme weather phenomena: increasing the EU’s efforts to fight climate change the European Parliament stressed how water is an increasingly valuable yet scarce resource and underlined the importance of sustainable water management for guaranteeing food security, calling on the Commission to refrain from proposing further EU legislation that endangers or risks endangering EU food security. In light of its scarcity, the use of water should be prioritised in sectors where it is essential, such as agriculture.
Amendment 110 #
Proposal for a regulation
Recital 12
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.
Amendment 115 #
Proposal for a regulation
Recital 12 a (new)
Recital 12 a (new)
(12a) Any requirement for minimum recycled content should be accompanied by incentives. Such incentives should encourage high quality recycling in a closed-loop system which ensures that the quality of the waste collected is preserved and that producers required to meet recycled content targets have secure and fair access to the materials derived from their packaging that are actually recycled.
Amendment 117 #
Proposal for a regulation
Recital 12 b (new)
Recital 12 b (new)
(12b) In line with the waste hierarchy which places waste disposal through landfills and incineration of waste as the least preferred options, the measures provided for under this Regulation should be complemented by a review of the Directive 1999/31/EC and Directive (EU) 2018/851 aiming at accelerating the phasing-out of landfill and incineration of recyclable packaging waste.
Amendment 123 #
Proposal for a regulation
Recital 20 a (new)
Recital 20 a (new)
(20a) Careful consideration should be given to situations when the packaging's technical and qualitative characteristics conflict with total recyclability when determining the design for recycling criteria. The product's performance and its effects on the environment, particularly in terms of hygiene, healthiness and food safety, must then be carefully considered.
Amendment 124 #
Proposal for a regulation
Recital 21
Recital 21
(21) As design for recycling assessment in itself does not ensure that packaging is recycled in practice, it is necessary to establish a uniform methodology and criteria for assessing the recyclability of packaging in practice based on the state-of- the-art separate collection, sorting and recycling processes and infrastructure actually available in the Union. Related reporting from Member States and, where relevant, economic operators should support establishing the recyclability “at scale” thresholds and update, on this basis, the recyclability performance grades with respect to the specific packaging materials and categories, preserving the added value conveyed to the final consumer with the packaging.
Amendment 149 #
Proposal for a regulation
Recital 44
Recital 44
(44) It is necessary to inform consumers and to enable them to appropriately dispose of packaging waste, including compostable lightweight and very lightweight plastic carrier bags. The most appropriate manner to do this is to establish a harmonised labelling system based on the material composition of packaging for sorting of waste, and to pair it with corresponding labels on waste receptacles. To this end, the European Commission and Member States shall provide the necessary tools and incentives, including economic ones, with special attention to micro and small enterprises.
Amendment 156 #
Proposal for a regulation
Recital 54
Recital 54
(54) In order to safeguard the functioning of the internal market, it is necessary to ensure that packaging from third countries entering the Union market comply with this Regulation, whether imported as self-standing packaging or in a packaged product. In particular, it is necessary to ensure that appropriate conformity assessment procedures have been carried out by manufacturers with regard to that packaging. Importers should therefore ensure that the packaging they place on the market comply with those requirements and that documentation drawn up by manufacturers are available for inspection by the competent national authorities. To comply with these obligations, adequate support should be provided to non-professional importers, especially to micro and SMEs.
Amendment 166 #
Proposal for a regulation
Recital 62
Recital 62
(62) In order to further the aim of circularity and sustainable use of packaging, it is necessary, without prejudice to Art. 4(2) Directive 2008/98/EC, to limit the risk that packaging marketed as reusable is not re- used in practice and to ensure that consumers return reusable packaging. The most appropriate manner to achieve this is to oblige economic operators, who use reusable packaging, to ensure that a system for re-use is put in place, thus allowing such packaging to circulate, rotate and be repeatedly used. To ensure maximum benefits of such systems, minimum requirements should be laid down for open loop and closed loop systems. Confirmation of compliance of reusable packaging with an existing system for re- use should also be a part of the technical documentation of such packaging.
Amendment 170 #
Proposal for a regulation
Recital 65 a (new)
Recital 65 a (new)
(65a) Waste prevention through reduction at source by material should be a key guiding principle, as per the existing harmonised standard EN 13428:200030, whereby the substitution of one packaging material by another is not a basis for source reduction
Amendment 172 #
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, and without prejudice to Article 4(2) of Directive 2008/98/EC, 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 of single use packaging for food and beverages filled and consumed within the premises in the HORECA sector should not be allowed. In-flight catering services do not form part of the HORECA sector since they qualify as service activities incidental to air transportation.
Amendment 183 #
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, without prejudice to Art. 4 (2) of Directive 2008/98/EC, 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.
Amendment 207 #
Proposal for a regulation
Article 2 – paragraph 1
Article 2 – paragraph 1
1. This Regulation applies to all packaging, with the exception of packaging approved for the transport of dangerous goods regardless of the material used, and to all packaging waste, whether such waste is used in or originates from industry, other manufacturing, retail or distribution, offices, services or households.
Amendment 209 #
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 the requirements provided for in paragraph 2 of Article 4 of Directive 2008/98/EC.
Amendment 224 #
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;
Amendment 231 #
Proposal for a regulation
Article 3 – paragraph 1 – point 31 a (new)
Article 3 – paragraph 1 – point 31 a (new)
(31a) 'recyclability' means the assessment of the compatibility of packaging with the management and processing of waste by design, based on separate collection, sorting in separate streams, recycling at scale, and use of recycled materials to replace primary raw materials in new packaging;
Amendment 238 #
Proposal for a regulation
Article 3 – paragraph 1 – point 32 a (new)
Article 3 – paragraph 1 – point 32 a (new)
(32a) 'high quality recycling’ means any recovery operation, as defined in Article 3, point (17), of Directive 2008/98/EC, that ensures that the distinct quality of the waste collected and sorted is preserved or recovered during that recovery operation, so that the resulting recycled materials are of sufficient quality to substitute primary raw materials.
Amendment 249 #
Proposal for a regulation
Article 3 – paragraph 1 – point 39 a (new)
Article 3 – paragraph 1 – point 39 a (new)
(39a) "Recycled content in plastic packaging" refers to the quantity of material contained in the plastic packaging derived through any recycling process or pre- and post-consumer waste, whether mechanically, physically, or chemically recycled.
Amendment 261 #
Proposal for a regulation
Article 3 – paragraph 1 – point 60 a (new)
Article 3 – paragraph 1 – point 60 a (new)
(60a) ‘bio-based plastic’ means a plastic material that is entirely made from biological resources, rather than fossil raw materials. They are not necessarily biodegradable or compostable.
Amendment 262 #
Proposal for a regulation
Article 3 – paragraph 1 – point 60 a (new)
Article 3 – paragraph 1 – point 60 a (new)
(60a) ‘plastic packaging’ means a packaging that is wholly or predominantly made of plastic.
Amendment 269 #
Proposal for a regulation
Article 4 – paragraph 4 a (new)
Article 4 – paragraph 4 a (new)
4a. Member States shall be entitled to adopt the necessary additional sustainability requirements to reduce per capita packaging waste in order to reach the targets set out in Article 38.
Amendment 276 #
Proposal for a regulation
Article 4 – paragraph 6 a (new)
Article 4 – paragraph 6 a (new)
6a. Medicinal products, as defined in Article 1, point (2) of Directive 2001/83/EC, that have been lawfully placed on the market before the date of application referred to in Article 65 of this Regulation or the date of entry into force of specific measures, and that have not been repackaged or relabelled after these dates, may be further made available on the market until their expiry date without being required to comply with the specific rules laid down in Articles 6, 7, 11 and 13.
Amendment 296 #
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 316 #
Proposal for a regulation
Article 6 – paragraph 4 – subparagraph 1 a (new)
Article 6 – paragraph 4 – subparagraph 1 a (new)
The Commission shall adopt delegated acts in accordance with Article 58 by 1 July 2026 to supplement rules concerning the modulation of financial contributions to be paid by producers to comply with their extended producer responsibility obligations set out in Article 40(1), based on the packaging recycling performance grade, and for plastic packaging, the percentage of recycled content. Design- for-recycling criteria shall consider state of the art collection, sorting and recycling processes and shall cover all packaging components.
Amendment 321 #
Proposal for a regulation
Article 6 – paragraph 4 – subparagraph 2
Article 6 – paragraph 4 – subparagraph 2
The Commission is empowered to adopt delegated acts, in close cooperation with stakeholders, in accordance with Article 58 to amend Table 1 of Annex II in order to adapt it to scientific and technical development in material and product design, collection, sorting and recycling infrastructure.
Amendment 334 #
Proposal for a regulation
Article 6 – paragraph 7 – point b
Article 6 – paragraph 7 – point b
(b) detailed design for recycling criteria for each packaging material and categoryincluding specific requirements for high quality recycling, where and when needed, for each packaging including specific requirements for high quality recycling, where and when needed, listed in Table 1 of Annex II;
Amendment 419 #
Proposal for a regulation
Article 7 – paragraph 10
Article 7 – paragraph 10
10. 2040 recycled content targets shall be based on demonstrated availability of recycled materials per packaging application. To this end the European Commission shall present in 2035 an evaluation of the availability of recycled materials on the EU market per packaging application. 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 empowered to adopt a delegated act in accordance with Article 58 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 440 #
2a. Micro-companies as defined in Art. 22(3), are exempt from the obligations of this paragraph.
Amendment 447 #
Proposal for a regulation
Article 9 – paragraph 4 – subparagraph 2 a (new)
Article 9 – paragraph 4 – subparagraph 2 a (new)
Micro-companies as defined in Art. 22(3), are exempt from the obligations of this paragraph.
Amendment 454 #
Proposal for a regulation
Article 10 – paragraph 2 a (new)
Article 10 – paragraph 2 a (new)
2a. Micro-companies as defined in Art. 22(3), are exempt from the obligations of this paragraph.
Amendment 483 #
Proposal for a regulation
Article 11 – paragraph 4 – subparagraph 1 a (new)
Article 11 – paragraph 4 – subparagraph 1 a (new)
Micro-companies as defined in Art. 22(3), are exempt from the obligations of this paragraph.
Amendment 487 #
Proposal for a regulation
Article 11 – paragraph 7
Article 11 – paragraph 7
7. Without prejudice to requirements concerning other harmonised EU labels, Member states shall not require economic operators shall noto provide or display labels, marks, symbols or inscriptions that are likely to mislead or confuse consumers or other end users with respect to the sustainability requirements for packaging, other packaging characteristics or packaging waste management options, for which harmonised labelling has been laid down in this Regulation. From [Please insert the date = 24 months after the entry into force of this Regulation] the Commission shall adopt guidance regarding aspects that are likely to mislead or confuse consumers or other end users.
Amendment 494 #
Proposal for a regulation
Article 12 a (new)
Article 12 a (new)
Article12a Packaging Forum The Commission shall establish an expert group, in which all Member States' representatives and all interested parties involved with the packaging industry shall meet, referred to as the ‘Packaging Forum’. This expert group shall contribute in particular to preparing the delegated and implementing acts provided for in this Regulation to develop and further detail the sustainability requirements and examining the effectiveness of the established market surveillance mechanisms.
Amendment 497 #
Proposal for a regulation
Article 13 – paragraph 9 a (new)
Article 13 – paragraph 9 a (new)
9a. Micro-companies as defined in Art. 22(3), are exempt from the obligations of the paragraphs 1 - 9 of Article 13.
Amendment 499 #
Proposal for a regulation
Article 16 – paragraph 10 a (new)
Article 16 – paragraph 10 a (new)
Amendment 500 #
Proposal for a regulation
Article 17 – paragraph 2 – point c a (new)
Article 17 – paragraph 2 – point c a (new)
(ca) Micro-companies as defined in Art. 22(3), are exempt from the obligations of this paragraph.
Amendment 501 #
Proposal for a regulation
Article 21 – paragraph 1
Article 21 – paragraph 1
1. EBy 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, under the restrictions outlined in Part I of Annex IV. The packaging minimisation shall take into careful consideration the protection of the goods and its transport.
Amendment 521 #
Proposal for a regulation
Article 22 – paragraph 1
Article 22 – paragraph 1
1. Economic operators shall not place on the market packaging in the formats and for the purposes listed in Annex V as of 1 January 2030, unless such placing on the market is in line with paragraph 2 of Article 4 of Directive 2008/98/EC.
Amendment 522 #
Proposal for a regulation
Article 22 – paragraph 1
Article 22 – paragraph 1
1. EAs of January 2030, economic operators shall not place on the market packaging in the formats and for the purposes listed in Annex V, unless the placing on the market is in line with Article 4 of Directive 2008/98/EC.
Amendment 625 #
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 fat, shall ensure that:
Amendment 668 #
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 cardboard, used outside of sales packaging to group a certain number of products to create a stock-keeping or distribution unit shall ensure that:
Amendment 695 #
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 excluding cardboard, including flexible formats.
Amendment 710 #
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, excluding cardboard, including flexible formats.
Amendment 718 #
(b) complied with the definition of small- or 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].
Amendment 724 #
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 if, during a calendar year, they have a sales area of not more than 1200 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.
Amendment 734 #
Proposal for a regulation
Article 26 – paragraph 15 b (new)
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.
Amendment 750 #
Proposal for a regulation
Article 26 – paragraph 17
Article 26 – paragraph 17
17. By [OP: Please insert the date = 8 years after the date of entry into force of this Regulation], the Commission shall review the situation regarding reuse of packagingassess the impact of the packaging reuse targets and, on this basis, assess the appropriateness of establishingneed for new measures, reviewing the targets laid down in this Article, and setting new targets for the reuse and refill of packaging, and where necessary present. When assessing the impact of the packaging reuse targets, the Commission shall at least evaluate the following: Packaging waste reduction obtained by the reuse 2030 targets; CO2 emission reduction; Food waste reduction; Reduction of the volumes of virgin raw material used; The average accomplishment of the necessary rotations of reusable packaging; Water and energy use; Water contamination; Use of detergents and disinfectants; Where necessary, following the assessment of the above indicators, it shall propose new targets for the reuse and refill of packaging in the form of a legislative proposal.
Amendment 753 #
Proposal for a regulation
Article 26 – paragraph 17 a (new)
Article 26 – paragraph 17 a (new)
17a. Economic operators shall be exempted from the obligation to meet the targets laid down in paragraphs 1 to 13 provided that the packaging material used, as defined in Annex II: (a) reaches a minimum recycling rate of 85% at EU level by 2030, as calculated in Article 47 and, (b) reaches a minimum recycling rate of 90% at EU level by 2040, as calculated in Article 47 and, (c) is recycled at scale, according to paragraph 6 of Article 6.
Amendment 760 #
Proposal for a regulation
Article 29 – paragraph 1 – subparagraph 1
Article 29 – paragraph 1 – subparagraph 1
Member States shall take measures to achieve a sustained reduction in the consumption of lightweight plastic carrier bags on their territoryand paper carrier bags on their territory. Member States shall actively promote the use of reusable carrier bags, with a view to phasing out single-use carrier bags of both lightweight plastic and paper by [OP: Please insert the date = the date 3 years after the entry into force of this Regulation].
Amendment 770 #
Proposal for a regulation
Article 38 – paragraph 1 – introductory part
Article 38 – paragraph 1 – introductory part
1. Each Member State shall reduce the packaging waste generated, that is not recovered according to paragraph 15 of article 3 of Directive 2008/98/EC, per capita, as compared to the packaging waste generated per capita in 2018 as reported to the Commission in accordance with Decision 2005/270/EC, by
Amendment 774 #
Proposal for a regulation
Article 38 – paragraph 2 a (new)
Article 38 – paragraph 2 a (new)
2a. Member States shall ensure that targets are not achieved through simple substitutions between packaging materials focusing instead on prevention of unnecessary or excessive packaging.
Amendment 777 #
Proposal for a regulation
Article 39 – paragraph 2
Article 39 – paragraph 2
2. Producers shall be obliged to register in the register referred to in paragraph 1. They shall, to that end, submit an application for registration in each Member State where they make packaging available on the market for the first time. Micro-companies as defined in Art. 22(3), are exempt from the obligations of this paragraph. Where a producer has appointed a producer responsibility organisation as referred to in Article 41(1), the obligations set out in this Article shall be met by that organisation, unless otherwise specified by the Member State in which the register is established.
Amendment 780 #
Proposal for a regulation
Article 43 – paragraph 1
Article 43 – paragraph 1
1. By 2030 Member States shall ensure that systems are set up to provide for the return and a 90% of separate collection of all packaging waste from the end users placed in the market in a given year, in order to ensure that it is treated in accordance with Articles 4 and 13 of Directive 2008/98/EC, and to facilitate its preparation for re-use and high quality recycling.
Amendment 789 #
Proposal for a regulation
Article 43 – paragraph 3 a (new)
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. The European Commission and the Member States shall develop guidelines and financial support to ensure and incentivise the installation of separate collection systems by final distributors.
Amendment 792 #
Proposal for a regulation
Article 43 – paragraph 3 b (new)
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.
Amendment 804 #
Proposal for a regulation
Article 44 – paragraph 9 a (new)
Article 44 – paragraph 9 a (new)
9a. Paragraph 9 does not apply for those deposit and return schemes that are already in operation when this Ordinance enters into force.
Amendment 805 #
Proposal for a regulation
Article 44 – paragraph 9 b (new)
Article 44 – paragraph 9 b (new)
9b. To fulfil the obligations related to paragraphs 1, 5, 6 and 8, the Commission and the Member States shall provide support tools and funding for economic operators, in particular SMEs.
Amendment 814 #
Proposal for a regulation
Article 49 – paragraph 3 a (new)
Article 49 – paragraph 3 a (new)
3a. Micro-companies as defined in Art. 22(3), are exempt from the obligations of the paragraph Art. 49(1-3).