54 Amendments of Pina PICIERNO related to 2022/0396(COD)
Amendment 107 #
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 of packaging, when it can be demonstrated that re-usable packaging achieves higher environmental benefits compared to single-use 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 114 #
Proposal for a regulation
Recital 15 a (new)
Recital 15 a (new)
(15a) Fostering a sustainable bio- economy can contribute to decreasing Europe's dependence on imported raw materials. Improving market conditions for bio-based recyclable packaging and compostable biodegradable packaging and reviewing existing law hampering the use of those materials offers the opportunity to stimulate further research and innovation and to substitute fossil fuel-based feedstocks with renewable sources for the production of packaging, where beneficial from a lifecycle perspective, and support further organic recycling.
Amendment 125 #
Proposal for a regulation
Recital 22
Recital 22
(22) In order to establish harmonised rules on packaging design to ensure its recyclability, without compromising its functionality, the power to adopt delegated acts should be delegated to the Commission to set out detailed criteria for packaging design for recycling per packaging materials and categories, as well as for the assessment of the packaging recyclability at scale including for categories of packaging not listed in this Regulation. In order to give economic operators and Member States sufficient time to collect and report the necessary data to establish the “at scale” recycling methodology, the manufacturers should ensure that packaging is recycled at scale as of 2035. That should ensure that packaging complies with the design for recycling criteria, and is also recycled in practice on the basis of the state of the art processes for separate collection, sorting and recycling.
Amendment 133 #
Proposal for a regulation
Recital 29
Recital 29
(29) In order to prevent barriers to the internal market and ensure the efficient implementation of the obligations, economic operators should ensure that the plastic part of each unitbatch of packaging contains a certain minimum percentage of recycled content recovered from post- consumer plastic waste.
Amendment 140 #
Proposal for a regulation
Recital 35
Recital 35
(35) The bio-waste waste stream is often contaminated with conventional plastics and the material recycling streams are often contaminated with compostable plastics. This cross-contamination leads to waste of resources, lower quality secondary raw materials and should be prevented at source. As the proper disposal route for compostable plastic packaging is becoming increasingly confusing for consumers, it is justified and necessary to lay down clear and common rules on the use of compostable plastic packaging, mandating it only when its use brings a clear benefit for the environment or for human health. This is particularly the case when the use of compostable packaging helps collect or dispose of bio-waste. . This contamination leads to environmental and economic impacts and waste of resources and should be prevented at source. Mandating compostable plastic packaging for applications strictly linked to food and food waste, may help to reduce this contamination. Therefore, , it is justified and necessary to lay down clear and common rules on the use of compostable plastic packaging, mandating it only when its use brings a clear benefit for the environment or for human health. This is particularly the case when the use of compostable packaging helps collect or dispose of bio-waste. The EN 13432 standard “Packaging - Requirements for packaging recoverable through composting and biodegradation" specifies requirements and procedures to determine the compostability and anaerobic treatability of packaging and packaging materials in industrial controlled conditions and should represent the harmonised specification of what packaging can be considered compostable and biodegradable across Member States.
Amendment 142 #
Proposal for a regulation
Recital 36
Recital 36
(36) For limited packaging applications made of biodegradable plastic polymersThere is a demonstrable environmental benefit of using compostable packaging for specific packaging applications, in particular those strictly linked to food and food waste prevention, there is a demonstrable environmental benefit of using compostable packaging, which enters composting plants, including anaerobic digestion facilities under controlled conditions. Furthermore, where appropriate waste collection schemes and waste treatment infrastructures are available in a Member State, there should be a limited flexibility in deciding whether to mandate the use of compostable plastics for lightweight plastic carrier bags on its territory. In order to avoid consumer confusion about the correct disposal and considering the environmental benefit of circularity of the carbon, all other plastic packaging should go into material recycling and the design of such packaging should ensure that it does not affect the recyclability of other waste streams.
Amendment 148 #
(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 and packaging specifications for craft and industrial products and food and agricultural products that are registered andEU geographical indications, and or otherwise protected by under the Union intellectual property law or agreements between the EU and third countries which recognise EU geographical indication protection schemes, as part of the Union’s objective to protect intellectual property, 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 163 #
Proposal for a regulation
Recital 61
Recital 61
(61) In orderPackaging should contribute to ensure a high level of environmental protection in the internal market, as well as a high level of food safety and hygiene, food waste prevention and comply with the EU food traceability requirements and facilitate the achievement of the packaging waste prevention targets, u. Unnecessary or avoidable packaging that do not contribute to these aims, should not be allowed to be placed on the market. The list of such packaging formats is provided in Annex V of this Regulation. In order to adapt the list to the technical and scientific progress the power to adopt acts in accordance with Article 290 of the Treaty should be delegated to the Commission to amend the list.
Amendment 166 #
Proposal for a regulation
Recital 61 a (new)
Recital 61 a (new)
(61a) The Regulation No 1308/20131a applies to products of the fruit and vegetables sector which are intended to be sold fresh to the consumer and that may only be marketed if they are sound, fair and of marketable quality and if the country of origin is indicated. These marketing standards referred to in paragraph 1, should apply at all marketing stages including packaging. _________________ 1a Regulation (EU) No 1308/2013 of the European Parliament and of the Council of 17 December 2013 establishing a common organisation of the markets in agricultural products and repealing Council Regulations (EEC) No 922/72, (EEC) No 234/79, (EC) No 1037/2001 and (EC) No 1234/2007 (OJ L 347)
Amendment 185 #
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. The Commission should assess the link between these measures and the setting of EU food waste reduction targets.
Amendment 186 #
Proposal for a regulation
Recital 100
Recital 100
(100) Member States should setmay up return and collection systems for packaging waste, so that they are channelled to the most appropriate waste management alternative, according to the waste hierarchy. The systems should be open for participation for all interested parties, in particular for economic operators and public authorities and be established taking into account the environment and consumer health, safety and hygiene. Return and collection systems shouldmay also be applicable for packaging of imported products under non-discriminatory provisions.
Amendment 188 #
Proposal for a regulation
Recital 102
Recital 102
(102) It has been shown that well- functioning dDeposit and return systems ensuremay support a very high collection rate, especially of beverage bottles and cans. In order to support the achievement of the separate collection target for single use plastic beverage bottles laid down in Directive (EU) 2019/904 and to further drive high collection rates of metal beverages containers, it is appropriate that Member States establish may deposit and return systems. Those systems willmay contribute to the increase of the supply of good quality secondary raw material suitable for closed loop recycling and reduce beverage containers litter.
Amendment 189 #
Proposal for a regulation
Recital 103
Recital 103
(103) Deposit and return systems should be obligatory for single use plastic beverage bottles and metal beverage containers. Member States might also decide to include other packaging in these systems, in particular single use glass bottles, and should ensure that deposit and return systems for single-use packaging formats, in particular for single use glass beverage bottles, are equally available for reusable packaging, where technically and economically feasible. They should consider establishing deposit and return systems also for reusable packaging. In such situations, a Member State should be allowed, while observing the general rules laid down in the Treaty and complying with the provisions set out in this Regulation, adopt provisions which go beyond the minimum requirements set out in this Regulation.
Amendment 197 #
Proposal for a regulation
Article 1 – paragraph 1
Article 1 – paragraph 1
1. This Regulation establishes requirements for the entire life cycle of packaging as regards environmental sustainability and labelling, to allow its placing on the market, as well as for the extended producer responsibility, prevention, collection, treatment and recycling of packaging waste.
Amendment 212 #
Proposal for a regulation
Article 3 – paragraph 1 – point 29 a (new)
Article 3 – paragraph 1 – point 29 a (new)
(29a) 'traceability’ means the ability to trace and follow a food, feed, food- producing animal or substance intended to be, or expected to be incorporated into a food or feed, through all stages of production, processing and distribution;
Amendment 222 #
(41) ‘compostable packaging’ means packaging capable of undergoing physical, chemical, thermal or biological decomposition such that most of the finished compost ultimately decomposes into carbon dioxide, mineral salts, biomass and water, according to Article 47(4), and does not hinder the separate collection and the composting process or activity into which it is introduced in industrially controlled conditions in accordance with European harmonised standards for packaging recoverable through composting and anaerobic digestion;
Amendment 239 #
Proposal for a regulation
Article 6 – paragraph 1
Article 6 – paragraph 1
1. All packagingFrom 1 January 2030, all packaging placed on the market shall be recyclable.
Amendment 240 #
Proposal for a regulation
Article 6 – paragraph 1 a (new)
Article 6 – paragraph 1 a (new)
1a. Member States shall endeavour to phase out the disposal of packaging waste compliant with Article 6(2).
Amendment 241 #
Proposal for a regulation
Article 6 – paragraph 2 – subparagraph 1 – point a
Article 6 – paragraph 2 – subparagraph 1 – point a
(a) it is designed for recycling or for compostable packaging is compliant with point a), b) and c) of Annex III;
Amendment 277 #
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 contain the following minimum percentage of recycled content recovered from post-consumer plastic waste, per unitbatch of packaging:
Amendment 297 #
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 contain the following minimum percentage of recycled content recovered from post-consumer plastic waste, per unitbatch of packaging:
Amendment 313 #
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 or bio-based content used in the packaging.
Amendment 315 #
Proposal for a regulation
Article 7 – paragraph 7
Article 7 – paragraph 7
7. By 31 December 2026, the Commission is empowered to adopt implementing acts establishing the methodology for the calculation and verification of the percentage of recycled content recovered from post-consumer plastic waste, per unitbatch of plastic packaging, and the format for the technical documentation referred to in Annex VII. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 59(3).
Amendment 326 #
Proposal for a regulation
Article 7 – paragraph 11 a (new)
Article 7 – paragraph 11 a (new)
11a. By 31 December 2026, the Commission shall publish a report assessing: (a) the possibility to introduce bio- based feedstock targets for plastic packaging, considering their potential contribution to meet the targets set out in Article 7(1) and (2); (b) sustainability requirements for bio-based feedstock; the Commission shall consider the existing sustainable criteria laid down in Article 29 of Directive (EU) 2018/2001 when assessing requirements for non-fossil bio-based feedstock. 2. Based on the assessment set out in the report referred to in paragraph 1, the Commission is empowered to adopt delegated acts in accordance with Article 58 to supplement this Regulation in order to: (a) establish bio-based targets used in plastic packaging towards achievements of the recycled content targets under Article 7(1) and (2); (b) establish sustainability requirements for bio-based feedstocks to be eligible to contribute towards the targets.
Amendment 328 #
Proposal for a regulation
Article 8 – paragraph 1
Article 8 – paragraph 1
1. By [OP: please insert the date = 24 months from the entry into force of this Regulation], packaging referred to in Article 3(1), points (f) and (g), sticky labels attached to fruit and vegetables and, very lightweight plastic carrier bags, bags for fruits and vegetables or for other food sold loose, required for hygiene reasons or where it is demonstrated that contribute to prevent food waste, shall be compostable in industrially controlled conditions in bio-waste treatment facilities.
Amendment 341 #
Proposal for a regulation
Article 8 – paragraph 5 a (new)
Article 8 – paragraph 5 a (new)
5a. The Commission shall, no later than 31 May 2026, request the European standardisation organisations to update the harmonised standard on the requirements for packaging recoverable through composting and biodegradation - test schemes and evaluation criteria. This standard shall consider the composting times, admissible levels of visual contamination and other requirements needed to reflect the actual conditions in the bio-waste treatment facilities, including anaerobic digestion processes, in line with the scientific and technological developments.
Amendment 346 #
Proposal for a regulation
Article 9 – paragraph 1
Article 9 – paragraph 1
1. Packaging shall be designed so that its weight and volume is reduced to the minimum necessary for ensuring its functionalitys, as laid down in Article 3 paragraph 1, taking account of the material that the packaging is made of.
Amendment 349 #
Proposal for a regulation
Article 9 – paragraph 2
Article 9 – paragraph 2
2. Packaging not necessary to comply with any of the performance criteria set out in Annex IV and packaging with characteristics that are only aimed to increase the perceived volume of the product, including double walls, false bottoms, and unnecessary layers, shall not be placed on the market, unless the packaging design is subject to geographical indications of origin and/or intellectual property right protected under Union legislation.
Amendment 385 #
Proposal for a regulation
Article 22 – paragraph 1
Article 22 – paragraph 1
1. EWithout prejudice to traceability requirements laid down in Article 18 of the Regulation n. 178/2002 1a,economic operators shall not place on the market packaging in the formats and for the purposes listed in Annex V. _________________ 1a Regulation (EC) No 178/2002 of the European Parliament and of the Council of 28 January 2002 laying down the general principles and requirements of food law, establishing the European Food Safety Authority and laying down procedures in matters of food safety (OJ L 31, 1.2.2002).
Amendment 392 #
Proposal for a regulation
Article 22 – paragraph 2 a (new)
Article 22 – paragraph 2 a (new)
2a. Without prejudice to Article 8 of this Regulation, economic operator shall not place on the market packaging in the formats and for the purposes listed in point 2 of Annex V as of 18 months after the adoption of the delegated act laid down in paragraph 2b.
Amendment 393 #
Proposal for a regulation
Article 22 – paragraph 2 b (new)
Article 22 – paragraph 2 b (new)
2b. The Commission shall adopt delegated acts in accordance with Article 58 in order to supplement the provisions laid down in point 2 of Annex V. The Commission shall consider the list of fresh fruit and vegetables laid down in part IX of Annex I of Regulation No 1308/20131aand assess where the restriction on the market of the packaging in the format and for the purposes listed in point 2 of Annex V would create water loss or turgidity loss, microbiological hazards or physical shocks. In this regards the Commission should take into consideration the provisions laid down in Article 76 of Regulation No 1308/2013. _________________ 1a Regulation (EU) No 1308/2013 of the European Parliament and of the Council of 17 December 2013 establishing a common organisation of the markets in agricultural products and repealing Council Regulations (EEC) No 922/72, (EEC) No 234/79, (EC) No 1037/2001 and (EC) No 1234/2007 (OJ L 347)
Amendment 405 #
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. When adopting those delegated acts,By [OP: Please insert the date = 8 years after the date of entry into force of this Regulation] 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. 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 443 #
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 or other fermented beverages mixed with beverages, soda, cider or juice, shall ensure that:
Amendment 452 #
Proposal for a regulation
Article 26 – paragraph 5
Article 26 – paragraph 5
Amendment 470 #
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 514 #
Proposal for a regulation
Article 26 – paragraph 12 a (new)
Article 26 – paragraph 12 a (new)
12a. The packaging design subject to geographical indications of origin protected under Union legislation shall not comply with paragraphs 4 and 6 of this Article.
Amendment 528 #
Proposal for a regulation
Article 26 – paragraph 15 a (new)
Article 26 – paragraph 15 a (new)
15a. Member State will be exempted from the obligation under paragraph 2, 3, 4 and 6 under the following conditions: (a) the rate of separate collection as required under Article 43(3), (4) (4b) of the respective packaging format as reported to the Commission under Article 50(1) point (c) is above 90 % by weight of such packaging placed on the market on the territory of that Member State in the calendar years 2026 and 2027. Where such reporting has not yet been submitted to the Commission, the Member State shall provide a reasoned justification, based on validated national data, and description of the implemented measures, that the conditions for the exemption set out in this paragraph are fulfilled; (b) at the latest 24 months before the deadline laid down in paragraphs 2 and 3 of this Article, the Member State notifies the Commission of its request for exemption and submits an implementation plan showing a strategy with concrete actions, including timeline that ensure the achievement of the 90 % separate collection rate by weight of the packaging.
Amendment 565 #
Proposal for a regulation
Article 43 – paragraph 4 a (new)
Article 43 – paragraph 4 a (new)
4a. A final distributor making available on the market food and beverages filled and consumed within the premises of the HORECA sector shall ensure that separate collection systems are set up for the different fractions of packaging waste materials by 2030.
Amendment 566 #
Proposal for a regulation
Article 44 – paragraph 1 – introductory part
Article 44 – paragraph 1 – introductory part
1. By 1 January 2029, Member States shall take the necessary measures to ensure thatThe systems referred to in article 43, paragraph 1, may take the form of a deposit and return systems are set up for:
Amendment 567 #
Proposal for a regulation
Article 44 – paragraph 1 – point a
Article 44 – paragraph 1 – point a
(a) single use plastic beverage bottles with the capacity of up to three litres; and
Amendment 568 #
Proposal for a regulation
Article 44 – paragraph 1 – point a a (new)
Article 44 – paragraph 1 – point a a (new)
(aa) single use glass beverage bottles;
Amendment 569 #
Proposal for a regulation
Article 44 – paragraph 1 – point a b (new)
Article 44 – paragraph 1 – point a b (new)
(ab) beverage cartons; and
Amendment 570 #
Proposal for a regulation
Article 44 – paragraph 1 – point a c (new)
Article 44 – paragraph 1 – point a c (new)
(ac) reusable packaging.
Amendment 571 #
Proposal for a regulation
Article 44 – paragraph 2 – introductory part
Article 44 – paragraph 2 – introductory part
2. The obligatprovisions laid down in paragraph 1 does not apply to packaging for:
Amendment 574 #
Proposal for a regulation
Article 44 – paragraph 3
Article 44 – paragraph 3
Amendment 577 #
Proposal for a regulation
Article 44 – paragraph 4
Article 44 – paragraph 4
Amendment 578 #
Proposal for a regulation
Article 44 – paragraph 5
Article 44 – paragraph 5
Amendment 580 #
Proposal for a regulation
Article 44 – paragraph 6
Article 44 – paragraph 6
Amendment 587 #
Proposal for a regulation
Article 58 – paragraph 2
Article 58 – paragraph 2
2. The power to adopt delegated acts referred to in Article 5(5), Article 6(4), Article 6(6), Article 7(9), Article 7(10), Article 7(11), Article 7(11b), Article 8(5), Article 22(4 (2a), Article 26(16) and Article 57(3) shall be conferred on the Commission for a period of ten years from date of entry into force of this Regulation. The Commission shall draw up a report in respect of the delegation of power no later than nine months before the end of the five-year period. The delegation of power shall be tacitly extended for periods of an identical duration, unless the European Parliament or the Council opposes such extension no later than 3 months before the end of each period.
Amendment 588 #
Proposal for a regulation
Annex I – paragraph 6
Annex I – paragraph 6
Flower pots intended to be used only for the selling and transporting of plants and not intended to stay with the plant throughout its life time
Amendment 597 #
Proposal for a regulation
Annex I – paragraph 15
Annex I – paragraph 15
Flower pots used throughout different stages of production or intended to staybe sold with the plant throughout its life time
Amendment 598 #
Proposal for a regulation
Annex III – paragraph 1 – introductory part
Annex III – paragraph 1 – introductory part
Conditions to be considered when mandating or introducing the use of compostable packaging format on the market:
Amendment 601 #
(ca) it is compliant with standard EN 13432 or any relevant new EU standard
Amendment 607 #
Proposal for a regulation
Annex IV – Part I – point 6
Annex IV – Part I – point 6
6. Legal requirements: the packaging design shall ensure that the packaging and packaged product can comply with the applicable legislation including the protection of geographical indications and relevant intellectual property rights protected under Union legislation.