Activities of Tom VANDENKENDELAERE related to 2022/0396(COD)
Plenary speeches (1)
Packaging and packaging waste (debate)
Shadow opinions (1)
OPINION on the proposal for a regulation of the European Parliament and of the Council on packaging and packaging waste, amending Regulation (EU) 2019/1020 and Directive (EU) 2019/904, and repealing Directive 94/62/EC
Amendments (36)
Amendment 168 #
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 170 #
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. The first and foremost aim of these labels is to facilitate sorting for citizens.
Amendment 173 #
Proposal for a regulation
Recital 45
Recital 45
(45) To facilitate consumers in the sorting and disposing of packaging waste, a system of harmonised symbols should be introduced and required to be placed both on packaging and on waste receptacles, thus allowing consumers to match the symbols for the purposes of disposal. The symbols should enable appropriate waste management as it should provide consumers with information about the composting properties of such packaging, in particular to avoid consumer confusion that compostable packaging is not as such suitable for home-composting. The label on the packaging shall be easily understood and without the need for a national text. This approach should improve the separate collection of packaging waste, leading to higher quality recycling of packaging waste, and introduce a level of harmonisation of the packaging waste collection systems on the internal market. It is also necessary to harmonise symbols associated with the mandatory deposit and return systems. Considering that it is not collected through municipal waste collection systems, the use of those symbols should not be mandatory for transport packaging with the exception of the e-commerce packaging.
Amendment 180 #
Proposal for a regulation
Recital 49
Recital 49
(49) To support the implementation of the objectives of this Regulation, consumers should be protected from misleading and confusing information about packaging characteristics and its appropriate end-of-life treatment, for which harmonised labels have been established under this Regulation. It should be possible to identify packaging included in the extended producer responsibility scheme by means of an accreditation symbol throughout the territory of that system. That symbol should be clear and unambiguous to consumers or users as to the recyclability of packaging. To this end, it could be considered that the Green Dot symbol, which is used in some Member States to signify that a producer has made a financial contribution to a national packaging recovery system58 , could mislead consumers to believe that packaging bearing such a symbol is always recyclable. __________________ 58 https://www.pro-e.org/the-green-dot- trademark
Amendment 181 #
Proposal for a regulation
Recital 49
Recital 49
(49) To support the implementation of the objectives of this Regulation, consumers should be protected from misleading and confusing information about packaging characteristics and its appropriate end-of-life treatment, for which harmonised labels have been established under this Regulation. It should be possible to identify packaging included in the extended producer responsibility scheme by means of an accreditation symbol throughout the territory of that system. That symbol should be clear and unambiguous to consumers or users as to the recyclability of packaging. To this end, it could be considered that the Green Dot symbol, which is used in some Member States to signify that a producer has made a financial contribution to a national packaging recovery system58 , could mislead consumers to believe that packaging bearing such a symbol is always recyclable. __________________ 58 https://www.pro-e.org/the-green-dot- trademark
Amendment 188 #
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 227 #
Proposal for a regulation
Recital 125
Recital 125
(125) A procedure should exist under which interested parties are informed of measures intended to be taken with regard to packaging presenting a risk. The right to be heard for the economic operator and the principle of due process should always be respected. It should also allow market surveillance authorities in the Member States, in cooperation with the relevant economic operators, to act at an early stage with regard to such packaging. In order to ensure uniform conditions for the implementation of this Regulation, the power to adopt implementing acts in accordance with Article 291 of the Treaty should be delegated to the Commission to determine whether national measures in respect of non-compliant products are justified or not.
Amendment 237 #
Proposal for a regulation
Article 3 – paragraph 1 – point 10
Article 3 – paragraph 1 – point 10
(10) ‘producer’ means any manufacturer, importer or distributor,natural or legal person who, irrespective of the selling technique used, including by means of distance contracts as defined in Article 2(7) of Directive 2011/83/EU, makes available packaginged products for the first time within a territory of a Member States on a professional basis under its own name or trademark;
Amendment 349 #
Proposal for a regulation
Article 11 – paragraph 1 – subparagraph 1
Article 11 – paragraph 1 – subparagraph 1
From [OP: Please insert the date = 42 months after the entry into force of this Regulation], packaging shall be marked with a label containing relevant information on its material composition that facilitates consumer sorting. This obligation does not apply to transport packaging or packaging and returns systems. However, it applies to e- commerce packaging.
Amendment 351 #
Proposal for a regulation
Article 11 – paragraph 1 – subparagraph 1
Article 11 – paragraph 1 – subparagraph 1
From [OP: Please insert the date = 4236 months after the entry into force of this Regulationadoption of the implementing acts referred to in paragraph 5], packaging shall be marked with a label containing information on its material composition and recyclability. This obligation does not apply to B2B sales and transport packaging. However, it applies to e-commerce packaging.
Amendment 354 #
Proposal for a regulation
Article 9 – paragraph 3 – subparagraph 2
Article 9 – paragraph 3 – subparagraph 2
For the purpose of assessing the compliance with this paragraph, space filled by paper cuttings, air cushions, bubble wraps, sponge fillers, foam fillers, wood wool, polystyrene, styrofoam chips or other filling materials shall be considered as empty space. For sales packaging for agrifood products that are subject to settlement during transportation or where headspace is required to protect the product, compliance with this paragraph shall be assessed as the pack-fill level at the point of filling.
Amendment 358 #
Proposal for a regulation
Article 11 – paragraph 1 – subparagraph 2
Article 11 – paragraph 1 – subparagraph 2
Packaging subject to deposit and return systems referred to in Article 44(1) shall, in addition to the labelling referred to in the first subparagraph, be marked with a harmonised label established in the relevant implementing act adopted pursuant to paragraph 5.
Amendment 371 #
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], reusable packaging shall bear a label on packaging reusability and a QR code or other type of digital data carrier that provides further information on packaging reusability 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 373 #
Proposal for a regulation
Article 11 – paragraph 2
Article 11 – paragraph 2
2. From [OP: Please insert the date = 482 months after the date of entry into force of this Regulationadoption of the implementing acts in paragraph 5], packaging shall bear a label on packaging reusability and a QR code or other type of digital data carrier that provides further information on packaging reusability 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 381 #
Proposal for a regulation
Article 11 – paragraph 3 a (new)
Article 11 – paragraph 3 a (new)
3a. Packaging referred to in paragraphs 1, 2 and 3, manufactured or imported before these deadlines, may be put on the market until the stocks of the products are exhausted or until 48 months after the adoption of the implementing acts referred to in paragraph 5;
Amendment 386 #
Proposal for a regulation
Article 11 – paragraph 4 – subparagraph 1
Article 11 – paragraph 4 – subparagraph 1
Labels referred to in paragraphs 1 to 3 and the QR code or other type of digital data carrier referred to in paragraph 2 shall be placed, printed or engraved visibly, clearly legibly and indelibly on the packaging. Where this is not possible or not warranted on account of the nature and size of the packaging, they shall be affixed to the grouped packagingor due to other mandatory labelling requirements laid down in other EU legislation, they shall be affixed to the grouped packaging. For all immediate packaging, as defined in Article 1, point (23), of Directive 2001/83/EC, the information shall be provided through the outer packaging as defined in Article 1, point (24), of Directive 2001/83/EC.
Amendment 399 #
Proposal for a regulation
Article 11 – paragraph 5
Article 11 – paragraph 5
5. By [OP: Please insert the date = 182 months after the date of entry into force of this Regulation], the Commission shall adopt implementing acts to establish a harmonised label and specifications for the labelling requirements and formats for the labelling of packaging referred to in paragraphs 1 to 3 and the labelling of waste receptacles referred to in Article 12. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 59(3).
Amendment 406 #
Proposal for a regulation
Article 11 – paragraph 6
Article 11 – paragraph 6
6. By [OP: Please insert the date = 2418 months after the date of entry into force of this Regulation], the Commission shall adopt implementing acts to establish the methodology for identifying the material composition of packaging referred to in paragraph 1 by means of digital marking technologies. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 59(3).
Amendment 409 #
Proposal for a regulation
Article 11 – paragraph 7
Article 11 – paragraph 7
Amendment 410 #
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 inset 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 411 #
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, producer responsibility organisations and Member States shall not provide or display or require to 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.
Amendment 417 #
Proposal for a regulation
Article 11 – paragraph 8
Article 11 – paragraph 8
8. Packaging included in an extended producer responsibility scheme or covered by a deposit and return system other than that referred to in Article 44(1) may be identified by means of a corresponding symbol throughout the territory in which that scheme or system applies. That symbol may be displayed through a QR code, a data carrier or in other accompanying documents. That symbol shall be clear and unambiguous and shall not mislead consumers or users as to the recyclability or reusability of the packaging.
Amendment 426 #
Proposal for a regulation
Article 11 – paragraph 8 a (new)
Article 11 – paragraph 8 a (new)
8a. Packaging put on the market before the dates mentioned in paragraphs 1,2,3,4,5 and 6 may be marketed until the packaging's end of life.
Amendment 431 #
Proposal for a regulation
Article 11 a (new)
Article 11 a (new)
Article 11 a Packaging Forum For the preparation of the implementing acts referred to in this Chapter, the Commission shall ensure a broad and balanced participation of Member States’ representatives and all relevant parties involved with the packaging industry, including waste treatment industry representatives, manufacturers and packaging suppliers, distributers, retailers, importers, SMEs, environmental protection groups, Producer Responsibility Organisations (PROs) and consumer organisations. To that end, the Commission shall establish an expert group, referred to as Packaging Forum, in which those parties shall meet regularly.
Amendment 449 #
Proposal for a regulation
Article 13 – paragraph 5
Article 13 – paragraph 5
5. Manufacturers shall ensure that the packaging bears a type, batch or serial number or other element allowing its identification or, where the size or nature of the packaging does not allow so, that the required information is provided in a document accompanying the packaged producting.
Amendment 455 #
Proposal for a regulation
Article 13 – paragraph 8
Article 13 – paragraph 8
8. Manufacturers who consider or have reason to believe that packaging which they have placed on the market after the entry into force of this Regulation is not in conformity with one or more of the applicable requirements set out in Articles 5 to 11 shall immediately take the corrective measures necessary to bring that packaging into conformity, to withdraw it or recall it, as appropriate. Manufacturers shall immediately inform the market surveillance authority of the Member State in which they made the packaging available of the suspected non-compliance and of any corrective measures taken.
Amendment 462 #
Proposal for a regulation
Article 13 – paragraph 9
Article 13 – paragraph 9
9. Manufacturers shall, further to a reasoned request from a national authority, provide all the information and documentation necessary to demonstrate the conformity of the packaging, including the technical documentation in a language, or languages, which can be easily understood by that authority. That information and documentation shall be provided in either paper or electronic form. The relevant documents shall be made available within 10 days of receipt of the request from the national authority. Manufacturers shall cooperate with the national authority on any action taken to remedy any case of non-compliance with the requirements set out in Articles 5 to 10.
Amendment 465 #
Proposal for a regulation
Article 13 – paragraph 9 a (new)
Article 13 – paragraph 9 a (new)
9a. The provisions of paragraphs 1 to 6 shall not apply to custom transport packaging for configurable devices and system, that are destined to be used use in industrial and healthcare environments.
Amendment 504 #
Proposal for a regulation
Article 17 – paragraph 3 – subparagraph 1
Article 17 – paragraph 3 – subparagraph 1
Where a distributor, before making packaging available on the market, considers or has reason to believe that the packaging is not in conformity with the requirements set out in Articles 5 to 11 or that the manufacturer is not complying with those applicable requirements, the distributor shall not make the packaging available on the market until it has been brought into conformity or until the manufacturer complies. Any information disclosed by the manufacturer to the distributor shall not be used by the distributor for any other purpose other than to verify compliance with applicable requirements.
Amendment 534 #
Proposal for a regulation
Article 26 – paragraph 16 – introductory part
Article 26 – paragraph 16 – introductory part
16. The Commission shall be empowered to adopt before 1 January 2028 delegated acts in accordance with Article 58 to supplement this Regulation in order to establish:
Amendment 537 #
Proposal for a regulation
Article 26 – paragraph 16 – point c
Article 26 – paragraph 16 – point c
(c) exemptions for specific packaging formats covered by the targets laid down in paragraphs 2 to 6 of this Article in case of hygiene, food safety, risk of significant food waste or environmental issues preventing the achievement of those targets.
Amendment 587 #
Proposal for a regulation
Article 40 – paragraph 3 – subparagraph 1 (new)
Article 40 – paragraph 3 – subparagraph 1 (new)
Providers of online platforms shall not be prohibited from allowing consumers to conclude distance contracts with producers offering packaging in cases where producers have not provided the information referred to in points (a) and (b). In such cases, providers of online platforms shall bear any financial or other responsibility for the environmental impact of such packaging.
Amendment 607 #
Proposal for a regulation
Article 52 – paragraph 1 – subparagraph 2
Article 52 – paragraph 1 – subparagraph 2
Where, in the course of that evaluation, and following a process where objections raised by economic operators have been considered, the market surveillance authorities find that the packaging does not comply with the requirements laid down in this Regulation, they shall without delay require the relevant economic operator to take appropriate and proportionate corrective measures, within a reasonable period prescribed by the market surveillance authorities which is commensurate with the nature and, where relevant the degree of the non-compliance, to bring the packaging in compliance with those requirements. The evaluation of market surveillance authorities shall be based on due process.
Amendment 609 #
Proposal for a regulation
Article 52 – paragraph 4
Article 52 – paragraph 4
4. The economic operator shall ensure that all appropriate corrective measures is taken in respect of all the concerned packaging, following due process, that the economic operator has made availableplaced on the market throughout the Union.
Amendment 611 #
Proposal for a regulation
Article 54 – paragraph 1
Article 54 – paragraph 1
1. Where, having carried out an evaluation under Article 52, and following a process where objections raised by economic operators have been considered, a Member State finds that although packaging is in compliance with the applicable requirements set out in Articles 5 to 11, it presents a risk to the environment or human health, it shall without delay require the relevant economic operator to take all appropriate measures, within a reasonable period prescribed by the market surveillance authorities and commensurate with the nature and, where relevant, the degree of risk, to ensure that the packaging concerned, when placed on the market, no longer presents that risk, to withdraw the packaging from the market or to recall it. The evaluation of market surveillance authorities shall be based on due process
Amendment 612 #
Proposal for a regulation
Article 54 – paragraph 1
Article 54 – paragraph 1