71 Amendments of Stanislav POLČÁK related to 2022/0396(COD)
Amendment 216 #
Proposal for a regulation
Recital 2
Recital 2
(2) In addition, packaging uses high amounts of virgin materials (40 % of plastics and 50 % of paper use in the Union is for packaging) and represents 36 % of municipal solid waste30. High and constantly growing levels of packaging generated as well as low levels of re-use and poor, and in some cases almost failed, recycling, systemspresent significant barriers to achieving a low-carbon circular economy. For these reasons, this Regulation should establish rules over the entire life-cycle of packaging contributing to the efficient functioning of the internal market by harmonising national measures, while preventing and reducing the adverse impacts of packaging and packaging waste on the environment and human health. By laying measures in line with the hierarchy of waste, it should contribute to the transition to a circular economy. _________________ 30 Eurostat, Packaging waste statistics: https://ec.europa.eu/eurostat/statistics- explained/index.php?title=Packaging_wast e_statistics
Amendment 256 #
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 minimisationminimising packaging to the greatest extent possible, avoiding packaging where it is not needed, and increased re-use 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 276 #
Proposal for a regulation
Recital 15
Recital 15
(15) Taking into consideration the scientific and technological progress, packaging should be designed and manufactured in a way as to limit the presence of certain heavy metals and other substances of concern in its composition. As stated in the Chemicals Strategy for Sustainability, substances of concern are to be minimised and substituted as far as possible, phasing out the most harmful ones for strictly non-essential societal use, in particular in consumer products. Accordingly, substances of concern as constituents of packaging material or of any of the packaging components should be minimised with the objective to ensure that packaging, as well as materials recycled from packaging, do not have an adverse effect on human health or the environment, throughout their life-cycle.
Amendment 361 #
Proposal for a regulation
Recital 34
Recital 34
Amendment 367 #
Proposal for a regulation
Recital 35
Recital 35
Amendment 414 #
Proposal for a regulation
Recital 46
Recital 46
Amendment 420 #
Proposal for a regulation
Recital 50
Recital 50
Amendment 577 #
Proposal for a regulation
Article 1 – paragraph 2
Article 1 – paragraph 2
2. This Regulation contributes to the efficient functioning of the internal market by harmonising national measures on packaging and packaging waste in order to avoid obstacles to trade, distortion and restriction of competition within the Union, while preventing or reducing the adverse impacts of packaging and packaging waste on the environment and human health, on the basis ofin accordance with the requirement for a high level of environmental protection.
Amendment 586 #
Proposal for a regulation
Article 2 – paragraph 1
Article 2 – paragraph 1
1. This Regulation applies to all packaging, regardless of the material used, and to all packaging waste, whether such waste is used in or originates fromwhether it is used in industry, other manufacturing, retail or distribution, offices, services or households, and to all packaging waste that originates from such sources.
Amendment 594 #
Proposal for a regulation
Article 3 – paragraph 1 – point 1 – introductory part
Article 3 – paragraph 1 – point 1 – introductory part
(1) ‘packaging’ means items of any materials that are intended to be used for the containment, protection, handling, delivery or presentation of products and that can be differentiated into packaging formats based on their function, material and design, including:Does not affect the English version.)
Amendment 609 #
Proposal for a regulation
Article 3 – paragraph 1 – point 1 – point f
Article 3 – paragraph 1 – point 1 – point f
(f) tea or coffee bags necessary to contain a tea or coffee product and intended to be used and disposed of together with the product;Does not affect the English version.)
Amendment 615 #
Proposal for a regulation
Article 3 – paragraph 1 – point 1 – point g
Article 3 – paragraph 1 – point 1 – point g
(g) coffee or tea system single-serve unit necessary to contain a coffee or tea product and intended to be used and disposed of together with the product;Does not affect the English version.)
Amendment 681 #
Proposal for a regulation
Article 3 – paragraph 1 – point 31
Article 3 – paragraph 1 – point 31
(31) ‘design for recycling’ means design of packaging, including individual components of packaging, in order to ensure its recyclability with state-of-the-art collection, sorting and recycling processes;Does not affect the English version.)
Amendment 713 #
Proposal for a regulation
Article 3 – paragraph 1 – point 33
Article 3 – paragraph 1 – point 33
(33) ‘packaging category’ means a combination of material and specific packaging design, which determines the recyclability with the state of the art collection sorting and recycling processes and is relevant for the definition of the design for recycling criteria;Does not affect the English version.)
Amendment 725 #
Proposal for a regulation
Article 3 – paragraph 1 – point 36
Article 3 – paragraph 1 – point 36
(36) ‘unit of packaging’ means a unit as a whole, including any integrated or separate components, which together serve a packaging function such as the containment, protection, handling, delivery, storage, transport and presentation of products, and including independent units of grouped or transport packaging where they are discarded prior to the point of sale;Does not affect the English version.)
Amendment 730 #
Proposal for a regulation
Article 3 – paragraph 1 – point 37
Article 3 – paragraph 1 – point 37
(37) ‘innovative packaging’ means a form of packaging that is manufactured using new materials, design or production processes, resulting in a significant improvement in the functions of packaging, such as containment, protection, handling, delivery or presentation of products, and in demonstrable environmental benefits, with the exception of packaging that is the result of modification of existing packaging for the sole purpose of improved presentation of products and marketing;Does not affect the English version.)
Amendment 763 #
Proposal for a regulation
Article 3 – paragraph 1 – point 49
Article 3 – paragraph 1 – point 49
(49) ‘waste receptacles’ means containers, bins and bag, bags and analogous receptacles used to store and collect waste;
Amendment 770 #
(56) ‘life-cycle’ means the consecutive and interlinked stages that packaging goes through, from raw material acquisition or generation from natural resources to final disposalthe processing of the packaging waste that is generated.
Amendment 771 #
Proposal for a regulation
Article 3 – paragraph 1 – point 56 a (new)
Article 3 – paragraph 1 – point 56 a (new)
(56a) 'processing' means the utilisation or disposal of packaging waste;
Amendment 772 #
Proposal for a regulation
Article 3 – paragraph 1 – point 57
Article 3 – paragraph 1 – point 57
(57) ‘packaging presenting a risk’ means a packaging that, by not complying with a requirement set out in or pursuant to this Regulation other than those listed in Article 56(1), may adversely affect the environment, human health, or other public interests protected by that requirement;
Amendment 808 #
Proposal for a regulation
Article 4 – paragraph 6
Article 4 – paragraph 6
6. At trade fairs, exhibitions or similar events, Member States shall not prevent the showing of packaging, which does not comply with this Regulation, provided that a visible sign clearly indicates that such packaging does not comply with this Regulation and that it is not for saleplaced on the market until it has been brought into conformity.
Amendment 823 #
Proposal for a regulation
Article 5 – paragraph 2
Article 5 – paragraph 2
2. Without prejudice to the restrictions on selected chemicals set out in Annex XVII of Regulation (EC) No 1907/2006 or, where applicable, to the restrictions and specific measures on food contact packaging in Regulation (EC) No 1935/2004, where applicable, the sum of concentration levels of lead, cadmium, mercury and hexavalent chromium resulting from substances present in packaging or packaging components shall not exceed 100 mg/kg.
Amendment 846 #
Proposal for a regulation
Article 5 – paragraph 4
Article 5 – paragraph 4
Amendment 849 #
Proposal for a regulation
Article 5 – paragraph 5 – introductory part
Article 5 – paragraph 5 – introductory part
5. In order to take account of therecent scientific and technical progress and the requirement for a high level of environmental and human health protection, the Commission may adopt delegated acts in accordance with Article 58, to amend this Regulation in order to:
Amendment 936 #
Proposal for a regulation
Article 6 – paragraph 3
Article 6 – paragraph 3
Amendment 965 #
Proposal for a regulation
Article 6 – paragraph 4 – subparagraph 1
Article 6 – paragraph 4 – subparagraph 1
Amendment 986 #
Proposal for a regulation
Article 6 – paragraph 5 – subparagraph 1
Article 6 – paragraph 5 – subparagraph 1
Amendment 1031 #
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 category listed in Table 1 of Annex II;Does not affect the English version.)
Amendment 1038 #
Proposal for a regulation
Article 6 – paragraph 8 – subparagraph 2
Article 6 – paragraph 8 – subparagraph 2
Amendment 1040 #
Proposal for a regulation
Article 6 – paragraph 8 – subparagraph 3
Article 6 – paragraph 8 – subparagraph 3
Amendment 1041 #
Proposal for a regulation
Article 6 – paragraph 8 – subparagraph 4
Article 6 – paragraph 8 – subparagraph 4
Amendment 1053 #
Proposal for a regulation
Article 6 – paragraph 9 – subparagraph 2
Article 6 – paragraph 9 – subparagraph 2
Amendment 1103 #
Proposal for a regulation
Article 7 – paragraph 1 – introductory part
Article 7 – paragraph 1 – introductory part
Amendment 1162 #
Proposal for a regulation
Article 7 – paragraph 2 – introductory part
Article 7 – paragraph 2 – introductory part
Amendment 1236 #
Proposal for a regulation
Article 7 – paragraph 5
Article 7 – paragraph 5
5. Compliance with the requirements set out in paragraphs 1 and 32 shall be demonstrated in the technical information concerning the packaging referred to in Annex VII.
Amendment 1325 #
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 havedirectly lead to 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 1330 #
Proposal for a regulation
Article 7 – paragraph 11
Article 7 – paragraph 11
Amendment 1368 #
Proposal for a regulation
Article 8 – paragraph 2
Article 8 – paragraph 2
2. Where appropriate and feasible, waste collection schemes and waste treatment infrastructure arshall be made available to ensure that packaging referred to in paragraph 1 enters the organic waste management stream,. Member States are empowered to require that lightweight plastic carrier bags shall be made available on their market for the first time only if it can be demonstrated that those lightweight plastic carrier bags have been entirely manufactured from biodegradable plastic polymers, which are compostable in industrially controlled conditions.
Amendment 1380 #
Proposal for a regulation
Article 8 – paragraph 3
Article 8 – paragraph 3
Amendment 1409 #
Proposal for a regulation
Article 9 – paragraph 1
Article 9 – paragraph 1
Amendment 1424 #
Proposal for a regulation
Article 9 – paragraph 2
Article 9 – paragraph 2
2. PThe placing on the market of 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 marketbe prohibited, unless the packaging design is subject to geographical indications of origin protected under Union legislation.
Amendment 1449 #
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 packaging design requirements which prevent further reduction of the packagingits weight or volume, for each of these performance criteria;
Amendment 1480 #
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 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;Does not affect the English version.)
Amendment 1484 #
Proposal for a regulation
Article 10 – paragraph 1 – point h
Article 10 – paragraph 1 – point h
(h) it fulfils the requirements specific to recyclable packaging when it becomes waste set out in Article 6.
Amendment 1509 #
Proposal for a regulation
Article 11 – paragraph 1 – subparagraph 1
Article 11 – paragraph 1 – subparagraph 1
Amendment 1524 #
Proposal for a regulation
Article 11 – paragraph 2
Article 11 – paragraph 2
2. From [OP: Please insert the date = 48 months after the date of entry into force of this Regulation], packaging shall bear a label on packaging reusability andindicating whether it is reusable. Reusable packaging must also be labelled with a QR code or other type of digital data carrier that provides further information on packagingthe reusability of the packaging concerned, including the availability of a system for re-use and of collection points, and that facilitates the tracking of the packaging and the calculation of trips and rotations. In addition, reusable sales packaging shall be clearly identified and distinguished from single use packaging at the point of sale.
Amendment 1535 #
Proposal for a regulation
Article 11 – paragraph 3
Article 11 – paragraph 3
3. Where aA unit of packaging covered by Article 7 ishall be marked with a label containing information on the share of recycled content, t. 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 1570 #
Proposal for a regulation
Article 11 – paragraph 7
Article 11 – paragraph 7
7. Without prejudice to requirements concerning other harmonised EU labels, economic operators shall not provide or displaysupply or use 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.
Amendment 1577 #
Proposal for a regulation
Article 11 – paragraph 8
Article 11 – paragraph 8
Amendment 1592 #
Proposal for a regulation
Article 12 – paragraph 1
Article 12 – paragraph 1
Amendment 1596 #
Amendment 1604 #
Proposal for a regulation
Article 13 – paragraph 4
Article 13 – paragraph 4
Amendment 1625 #
Proposal for a regulation
Article 14 – paragraph 1
Article 14 – paragraph 1
1. Any supplier of packaging or packaging materials shall provide the manufacturer with all the information and documentation necessary for the manufacturer to demonstrate the conformity of the packaging and the packaging materials with this Regulation, including the technical documentation referred to in Annex VII and required under Articles 5 to 10, in a language or languages, which can be easily understood by the manufacturer. That information and documentation shall be provided in either paper or electroniclectronic and, where appropriate, paper form.
Amendment 1631 #
Proposal for a regulation
Article 16 – paragraph 3
Article 16 – paragraph 3
Amendment 1632 #
Proposal for a regulation
Article 16 – paragraph 6
Article 16 – paragraph 6
6. Importers who consider or have reason to believe that packaging, which they have placed on the market, is not in conformity with the applicable requirements set out in Articles 5 to 11, shall immediately take the corrective measures necessary to bring that packaging into conformity, to immediately withdraw it or recall it, as appropriate.
Amendment 1656 #
Proposal for a regulation
Article 20 – paragraph 2
Article 20 – paragraph 2
Amendment 1669 #
Proposal for a regulation
Article 21 – paragraph 1
Article 21 – paragraph 1
1. 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 in such packaging is maximum 40 %.
Amendment 1710 #
Proposal for a regulation
Article 22 – paragraph 1
Article 22 – paragraph 1
Amendment 1720 #
Proposal for a regulation
Article 22 – paragraph 2
Article 22 – paragraph 2
Amendment 1764 #
Proposal for a regulation
Article 24 – paragraph 1
Article 24 – paragraph 1
1. Economic operators making use of reusable packaging shall be required to 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.
Amendment 1768 #
Proposal for a regulation
Article 24 – paragraph 2
Article 24 – paragraph 2
2. Economic operators making use of reusable packaging shall be required to recondition such packaging in compliance with Part B of Annex VI, prior to offering it again for use by end users.
Amendment 1872 #
Proposal for a regulation
Article 26 – paragraph 4 – introductory part
Article 26 – paragraph 4 – introductory part
4. The manufacturer and the final distributor making available on the market within the territory of a Member State in sales packaging alcoholic beverages in the form of beer, carbonated alcoholic beverages, fermented beverages other than wine, aromatised wine products and fruit wine, products based on spirit drinks, wine, intermediate products or other fermented beverages mixed with beverages, soda, cider or juice, shall ensure that:
Amendment 1876 #
Proposal for a regulation
Article 26 – paragraph 4 – point a
Article 26 – paragraph 4 – point a
(a) from 1 January 2030, 120 % of those products are made available in reusable packaging within a system for re-use or by enabling refill;
Amendment 1882 #
Proposal for a regulation
Article 26 – paragraph 4 – point b
Article 26 – paragraph 4 – point b
(b) from 1 January 2040, 2540 % of those products are made available in reusable packaging within a system for re-use or by enabling refill.
Amendment 1899 #
Proposal for a regulation
Article 26 – paragraph 5 – point a
Article 26 – paragraph 5 – point a
(a) from 1 January 2030, 510 % of those products are made available in reusable packaging within a system for re-use or by enabling refill;
Amendment 1906 #
(b) from 1 January 2040, 1530 % of those products are made available in reusable packaging within a system for re-use or by enabling refill.
Amendment 1920 #
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 or plant-based milk alternatives, shall ensure that:
Amendment 1924 #
Proposal for a regulation
Article 26 – paragraph 6 – point a
Article 26 – paragraph 6 – point a
(a) from 1 January 2030, 120 % of those products are made available in reusable packaging within a system for re-use or by enabling refill;
Amendment 1930 #
Proposal for a regulation
Article 26 – paragraph 6 – point b
Article 26 – paragraph 6 – point b
(b) from 1 January 2040, 250 % of those products are made available in reusable packaging within a system for re-use or by enabling refill.
Amendment 2071 #
Proposal for a regulation
Article 26 – paragraph 13 – subparagraph 1
Article 26 – paragraph 13 – subparagraph 1
Economic operators delivering products to another economic operator within the same Member State shallmay use only reusable transport packaging for the purpose of the transportation of such products.
Amendment 2140 #
Proposal for a regulation
Article 26 – paragraph 16 – point b
Article 26 – paragraph 16 – point b