36 Amendments of Tomas TOBÉ related to 2022/0396(COD)
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 121 #
Proposal for a regulation
Recital 20
Recital 20
(20) Designing packaging with the objective of its recycling, once it becomes packaging waste, is one the most efficient measures to improve the packaging circularity and raise packaging recycling rates and the use of recycled content in packaging, while assuring marketing and consumer acceptance and preserving all its functions. Packaging design for recycling criteria have been established for a number of packaging formats under voluntary industry schemes or by some Member States for the purpose of the modulation of extended producer responsibility fees. In order to prevent barriers to the internal market and provide industry with a level playing field, and with the objective to promote the sustainability of packaging assuring marketing and consumer acceptance and preserving all its functions, it is important to set mandatory requirements regarding the recyclability of packaging, by harmonising the criteria and the methodology for assessing packaging recyclability based on a design for recycling methodology at the Union level. In order to meet the objective set out in the CEAP that, by 2030, all packaging should be recyclable or reusable, in an economically viable manner, packaging recyclability performance grades should be established based on design for recycling criteria for packaging categories as listed in Annex II. However, packaging should comply with them only as of 1 January 2030 in order to give sufficient time to the economic operators to adapt.
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 125 #
Proposal for a regulation
Recital 22
Recital 22
(22) In order to establish harmonised rules on packaging design to ensure its recyclability while ensuring packaging performs all its functions and assuring marketing and consumer acceptance, 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. These criteria shall not conflict with the quality requirements and technical functionality that the packaging shall ensure. 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 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 159 #
Proposal for a regulation
Recital 61
Recital 61
Amendment 198 #
Proposal for a regulation
Recital 108
Recital 108
(108) As a specific packaging waste generation prevention measure, Member States should actively encourage the re-use and refill solutions, unless a life cycle assessment shows, that a recyclable single-use packaging is the better alternative. They should support the establishment of systems for re-use and refill and monitor their functioning and compliance with the hygiene standards. Member States are encouraged to take also other measures, such as setting up deposit and return systems covering reusable packaging formats, using economic incentives or establishing requirements for final distributors to make available a certain percentage of other products than those covered by re-use and refill targets in reusable packaging or through refill provided that such requirements will not result in fragmentation of single market and creation of trade barriers.
Amendment 205 #
Proposal for a regulation
Article 1 – paragraph 3
Article 1 – paragraph 3
3. This Regulation contributes to the transition to a circular economy and achieving climate neutrality by 2050 as provided for under the Climate Law, by laying down measures in line with the hierarchy of waste in accordance with Article 4 of Directive 2008/98/EC.
Amendment 206 #
Proposal for a regulation
Article 1 – paragraph 3 a (new)
Article 1 – paragraph 3 a (new)
3a. This Regulation contributes to the shifting to a bio-based economy.
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 210 #
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 options that deliver the best overall environmental outcome. .
Amendment 223 #
Proposal for a regulation
Article 3 – paragraph 1 – point 22 a (new)
Article 3 – paragraph 1 – point 22 a (new)
(22a) 'renewable' means the ability of a natural resource to regenerate and recover over time, thus being infinite when growth is greater than consumption.
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 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 266 #
Proposal for a regulation
Article 4 – paragraph 4
Article 4 – paragraph 4
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 492 #
Proposal for a regulation
Article 11 – paragraph 8 a (new)
Article 11 – paragraph 8 a (new)
8a. Packaging which is put on the market before the date mentioned in paragraph 1 and 2 may be marketed until the end of its life.
Amendment 502 #
Proposal for a regulation
Article 21 – paragraph 1
Article 21 – paragraph 1
1. EFrom 1 January 2030 economic operators who supply products to a final distributor or an end user in grouped packaging, transport packaging or e- commerce packaging, shall ensure that, as an average of all such packaging that the economic operator places on the market per calendar year, the empty space ratio is maximum 40 %.
Amendment 517 #
Proposal for a regulation
Article 22
Article 22
Amendment 541 #
Proposal for a regulation
Article 22 – paragraph 4
Article 22 – paragraph 4
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 689 #
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 and including flexible formats. In accordance with paragraph 2 of Article 4 of Directive 2008/98/EC, this obligation shall not apply to economic operators using transport packaging in (a) and (b) for which recycling is organized by the economic operator and it can be demonstrated that recycling works at scale in practice.
Amendment 704 #
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. In accordance with paragraph 2 of Article 4 of Directive 2008/98/EC, this obligation shall not apply to economic operators using transport packaging in (a) and (b) for which recycling is organized by the economic operator and it can be demonstrated that recycling works at scale in practice.
Amendment 731 #
Proposal for a regulation
Article 26 – paragraph 15 a (new)
Article 26 – paragraph 15 a (new)
15a. Economic operators shall be exempted from the obligation to meet the targets in this article when duly justified by concerns related to public health, food hygiene and safety, product integrity or environmental issues.
Amendment 748 #
Proposal for a regulation
Article 26 – paragraph 16 – subparagraph 1 (new)
Article 26 – paragraph 16 – subparagraph 1 (new)
Exemptions from the obligation to meet the targets laid down in paragraphs 1 to 13 shall apply provided that by 2030 the packaging material as defined in Annex II: a) reaches a collection rate of 85 % or more; and b) is recycled at scale, according to paragraph 6 of Article 6
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 766 #
Proposal for a regulation
Article 33 – paragraph 1
Article 33 – paragraph 1
Conformity assessment of packaging with the requirements set out in Articles 5 to 11 shall be carried out in accordance with the procedure set out in Annex VII. Taking into account size, materials, characteristics and origin, this assessment may be deemed completed for groups of similar packaging.
Amendment 769 #
Proposal for a regulation
Article 34 – paragraph 4
Article 34 – paragraph 4
4. By drawing up the EU declaration of conformity, the manufacturer assumes responsibility for the compliance of the packaging with the requirements laid down in this Regulation. As under Article 33, this EU declaration may regard several similar packaging.
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 816 #
Proposal for a regulation
Article 52 – paragraph 1 – subparagraph 2 a (new)
Article 52 – paragraph 1 – subparagraph 2 a (new)
Where the market surveillance authorities find that a packaging is non-compliant with the obligations set out in this Regulation is sold, or made available on an online marketplace, they shall notify such incompliance to the online marketplace and such notice shall be handled in accordance with Article 22 of Regulation 2022/2065 (the Digital Services Act).
Amendment 817 #
Proposal for a regulation
Article 56 – paragraph 3 a (new)
Article 56 – paragraph 3 a (new)
3a. Where the market surveillance authorities find that a packaging is non- compliant with the obligations set out in this Regulation is sold, or made available on an online marketplace, they shall notify such incompliance to the online marketplace and such notice shall be handled in accordance with Article 22 of Regulation 2022/2065 (the Digital Services Act).
Amendment 827 #
Proposal for a regulation
Annex III – paragraph 1 – point c
Annex III – paragraph 1 – point c
(c) it is of biodegradable nature allowing the packaging to undergo physical, chemical, thermal or biological decomposition, including anaerobic digestion, resulting ultimately in conversion into carbon dioxide or methane, in the absence of oxygen, mineral salts, biomass and water,.
Amendment 828 #
Proposal for a regulation
Annex III – paragraph 1 – point e
Annex III – paragraph 1 – point e
(e) its use significantly reduces the contamination of compost with non- compostable packaging; and does not cause any problems in biowaste processing; and
Amendment 839 #
Proposal for a regulation
Annex V
Annex V