89 Amendments of Alexandr VONDRA related to 2022/0396(COD)
Amendment 288 #
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. 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, 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 and assessment of material output from recycling technology to the input of waste from packaging type ratio by weight. To assess this the best available and commercially operated recycling technology should be considered and mass balance may be used where packaging is a part of wider waste stream. 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 433 #
Proposal for a regulation
Recital 60
Recital 60
(60) The problem of excessive packaging waste generation cannot be fully addressed by setting obligations on packaging design. For certain packaging types, obligations to reduce the empty space should be set on economic operators in terms of reducing the empty space when using such packaging. In case of grouped, transport and e-commerce packaging used for supply of products to final distributors or end user, the empty space ration should not exceed 40 %. In line with the waste hierarchy and to incentivize packaging waste reduction, it should be possible for economic operators using sales packaging as e-commerce packaging to be exempted from this obligation.
Amendment 453 #
Proposal for a regulation
Recital 65 a (new)
Recital 65 a (new)
Amendment 455 #
Proposal for a regulation
Recital 66
Recital 66
(66) Where economic operators offer the possibility to purchase products through refill, they should ensure that their refill stations meet certain requirements in order to ensure the health and safety of consumers. In this context, where the consumers use their own containers, the economic operators should therefore inform about the conditions for safe refill and use of those containers. In order to encourage refill, economic operators should not provide packaging free of charge or not being a part of deposit and return system at the refill stations. Economic operators should encourage and motivate end customers to repeatedly use a consumer reusable container. Use of reusable containers may be supported by economic incentives.
Amendment 471 #
Proposal for a regulation
Recital 68 a (new)
Recital 68 a (new)
(68a) Traceability and hygiene standards shall be considered crucial for the safe and efficient operation of refill stations and sale in bulk systems. Refill stations should implement physical or digital labelling providing information such as batch number of product which would allow easy traceability and thus prevent a risk of cross-contamination of the refill stations from mixing different dispensed products. Moreover, hygiene protocols for economic operators should be adopted to prevent the risk of an open manipulation with products outside of hygienically compliant environment.
Amendment 508 #
Proposal for a regulation
Recital 92
Recital 92
(92) Member States may achieve these targets by economic instruments and other measures to provide incentives for the application of the waste hierarchy, including measures to be implemented through extended producer responsibility schemes, and by promoting the setting up and effective operation of systems for re- use and encouraging economic operators to offer the end users further possibilities to refill, as well as encouraging and incentivising the use of sales packaging as e-commerce packaging. Such measures should be adopted in parallel and in addition to other measures under this Regulation aiming at packaging and packaging waste reduction, such as requirements on packaging minimisation, re-use and refill targets, volume thresholds and measures to achieve the sustained reduction of consumption of lightweight plastic carrier bags. A Member State may, 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 targets set out in this Regulation.
Amendment 511 #
Proposal for a regulation
Recital 93
Recital 93
(93) To implement the polluter pays principle, it is appropriate to lay the obligations for the management of packaging waste on producers, which includes any manufacturer, importer or distributor, who, irrespective of the selling technique used, including by means of distance contracts as defined in Article 2(7) of Directive 2011/83/EU of the European Parliament and of the Council65, makes available packaging for the first time within a territory of a Member States on a professional basis under its own name or trademark. _________________ 65 Directive 2011/83/EU of the European Parliament and of the Council of 25 October 2011 on consumer rights, amending Council Directive 93/13/EEC and Directive 1999/44/EC of the European Parliament and of the Council and repealing Council Directive 85/577/EEC and Directive 97/7/EC of the European Parliament and of the Council (OJ L 304, 22.11.2011, p. 64).
Amendment 512 #
Proposal for a regulation
Recital 94
Recital 94
(94) In order to monitor that producers meet their obligations relating to their financial, and organisational obligations to ensuring the management of the waste from the packaging they make available for the first timplace on the market of a Member State, it is necessary that a register is established and managed by the competent authority in each Member State and that producers should be obliged to register.
Amendment 513 #
Proposal for a regulation
Recital 95
Recital 95
(95) The registration requirements should be harmonised across the Union to the greatest extent possible so to facilitate registration in particular where producers makplace packaging availableon the market in different Member States. In order to ensure uniform conditions for the implementation of the registration requirements, the power to adopt implementing acts in accordance with Article 291 of the Treaty should be delegated to the Commission to lay down a common format for registration in and reporting to the register, detailing the data to be reported.
Amendment 515 #
Proposal for a regulation
Recital 96
Recital 96
(96) In line with the polluter-pays principle expressed in Article 191(2) of the Treaty, it is essential that the producers placing on the Union market packaging and packaged products take responsibility for their management at their end-of life. It should be recalled that extended producer responsibility schemes need to be established, as provided for in Directive 94/62/EC, by 31 December of 2024, as they are the most appropriate means to achieve this and can have a positive environmental impact by reducing the generation of packaging waste and increasing its collection and recycling. There are wide disparities in the way they are set up, in their efficiency and in the scope of responsibility of producers. The rules on extended producer responsibility laid down in Directive 2008/98/EC should therefore in general apply to extended producer responsibility schemes for producers of packaging, and be complemented by further specific provisions where this is necessary and appropriate.
Amendment 536 #
Proposal for a regulation
Recital 103 a (new)
Recital 103 a (new)
(103a) This Regulation should take into account the diversity of deposit and return systems that exist in Europe, and ensure that technological developments in these systems are not hindered when they meet the conditions and criteria for increasing collection rates and ensuring better quality recycling. For example, digital deposit and return systems offer consumers a digital data carrier system, with a refund of the deposit when the deposit bearing packaging is properly deposited in the type of waste receptacle provided for that purpose, at home or in public spaces.
Amendment 543 #
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. 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 for economic operators,or establishing requirements for final distributors to make available a certain percentage of their sales area devoted to re-use, re-fill, and sale in bulk. Moreover, Member States may establish additional targets for 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. The focus should be on areas which are showing the greatest potential such as non-perishable food, pet food, home care products or personal care products both in loose and liquid versions.
Amendment 555 #
Proposal for a regulation
Recital 117
Recital 117
(117) Producers and, producer responsibility organisations and final distributors should be actively involved in providing information to end users, in particular consumers, on prevention and management of packaging waste. This information should include availability of re-use and refill arrangements for packaging, meaning of labels displayed on packaging and other instructions on the discarding of packaging waste. The producers should also inform that end users have an important role in ensuring an environmentally optimal management of packaging waste. The disclosure of information to all end users as well as reporting on packaging should make use of modern information technologies. The information should be provided either by classical means, such as posters both indoors and outdoors and social media campaigns, or by more innovative means, such as electronic access to websites provided by QR codes affixed to the packaging.
Amendment 557 #
Proposal for a regulation
Recital 119
Recital 119
(119) In order to establish the methodology for assessment of the at scale recyclability, Member States should also report data on recycling ratethe amounts of packaging waste per packaging material and type, amounts oflaced on the market per material and packaging type, separately collected packaging waste for each packaging material, amounts of packaging waste placed on the market per material and packaging type, and installed capacities of and installed capacities of sorting and recycling. In doing so, they shall establish an adequate monitoring framework with a view to ensuring that producers and organisations implementing extended producer responsibility obligations on their behalf report reliable data on separate collection, sorting and trecyclingatment operations for each packaging material and type. Reporting should be done annually.
Amendment 600 #
Proposal for a regulation
Article 3 – paragraph 1 – point 1 – point f
Article 3 – paragraph 1 – point 1 – point f
(f) tea orcompostable coffee bags and system single-serve units or tea bags necessary to contain a tea or coffeecoffee or tea product and intended to be used and disposed of together with the product;
Amendment 626 #
Proposal for a regulation
Article 3 – paragraph 1 – point 8
Article 3 – paragraph 1 – point 8
(8) ‘economic operator’ means manufacturers, suppliers of packaging, importers, distributors, final distributors, and fulfilment service providers and authorised representatives;
Amendment 628 #
Proposal for a regulation
Article 3 – paragraph 1 – point 10
Article 3 – paragraph 1 – point 10
(10) ‘producer’ means any manufacturer, filler, importer or distributor, 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 packaging for the first timeplaces packaging within a territory of a Member States on a professional basis under its own name or trademark;
Amendment 629 #
Proposal for a regulation
Article 3 – paragraph 1 – point 12
Article 3 – paragraph 1 – point 12
(12) ‘importer’ means any natural or legal person established within the Union who places packaging, or a packaged product, from a third country on the Union market;
Amendment 630 #
Proposal for a regulation
Article 3 – paragraph 1 – point 13
Article 3 – paragraph 1 – point 13
(13) ‘distributor’ means any natural or legal person in the supply chain, other than the manufacturer or importer, who makes a packaging, or a packaged product, available on the market;
Amendment 631 #
Proposal for a regulation
Article 3 – paragraph 1 – point 15
Article 3 – paragraph 1 – point 15
Amendment 666 #
Proposal for a regulation
Article 3 – paragraph 1 – point 28 a (new)
Article 3 – paragraph 1 – point 28 a (new)
(28a) 'sale in bulk' means a particular method of refill that consists of the commercialisation of the products free-of- packaging in quantities chosen by the consumer, usually from the refill station, and filled in reusable consumer containers either provided at the point of sale or brought by consumers and where the products are delivered into refill stations in reusable packaging containers circulating between economic operators which ensure that packaging is collected, washed, and refilled;
Amendment 688 #
Proposal for a regulation
Article 3 – paragraph 1 – point 32 b (new)
Article 3 – paragraph 1 – point 32 b (new)
(32b) 'recyclability' means the compatibility of packaging with the management and processing of waste, based on separate collection, sorting in separate streams, recycling at scale, and use of recycled materials to replace primary raw materials;
Amendment 699 #
Proposal for a regulation
Article 3 – paragraph 1 – point 32
Article 3 – paragraph 1 – point 32
(32) ‘recycled at scale’ means collected, sorted and recycled through installed state-accepted to be recycled on an industrial scale in the majority of- the-art infrastructure and processes, covering at least 75 % Member States where the packaging is placed ofn the Union populationmarket, including packaging waste exported from the Union that meets the requirements of Article 47(5);
Amendment 706 #
Proposal for a regulation
Article 3 – paragraph 1 – point 32 a (new)
Article 3 – paragraph 1 – point 32 a (new)
Amendment 768 #
Proposal for a regulation
Article 3 – paragraph 1 – point 51
Article 3 – paragraph 1 – point 51
(51) ‘deposit and return system’ means a system, in which a deposit is charged to the end user when purchasing a packaged or filled product covered by this system, and redeemed to the end user when the deposit bearing packaging is returned to a collection point established for that purpose or properly deposited in the type of waste receptacle provided for that purpose, at home or in public spaces;
Amendment 774 #
Proposal for a regulation
Article 3 – paragraph 1 – point 60
Article 3 – paragraph 1 – point 60
(60) ‘waste’ means waste as defined in Article 3 point (1) of Directive 2008/98/EC, with the exception of reusable or recyclable packaging conveyed to reconditioning or recycling;
Amendment 930 #
Proposal for a regulation
Article 6 – paragraph 3
Article 6 – paragraph 3
3. Recyclable packaging shall, from 1 Jive years after entry into force of the stanudary 2030ds referred to in paragraph 4, comply with the design for recycling criteria as laid down in the delegated acts adopted pursuant to paragraph 4 and, from 1 January 2035, also with the recyclability at scale requirements laid down in the delegated acts adopted pursuant to paragraph 6. Where such packaging complies with those delegated acts, it shall be considered to comply with paragraph 2, points (a) and (eb).
Amendment 945 #
Proposal for a regulation
Article 6 – paragraph 4 – subparagraph 1
Article 6 – paragraph 4 – subparagraph 1
Amendment 970 #
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 accordance with Article 58 to amend Table 1 of Annex in order to adapt it to scientific and technical development in material and product design, collection, sorting and recycling infrastructure. Should the adoption of the standards referred to in in this paragraph be delayed, a presumption of compliance with the requirements set out in paragraph 2 of this Article shall apply to all packaging placed on the market in the Union until such standards are adopted.
Amendment 985 #
Proposal for a regulation
Article 6 – paragraph 5 – subparagraph 1
Article 6 – paragraph 5 – subparagraph 1
From 1 January 2030, packaging shall not be considered recyclable if it corresponds to performance grade E under the design for recycling criteria established in the delegatedimplementing act adopted pursuant to paragraph 4 for the packaging category, to which the packaging belongs.
Amendment 992 #
Proposal for a regulation
Article 6 – paragraph 6 – introductory part
Article 6 – paragraph 6 – introductory part
6. The Commission shall, for each packaging material and type listed in Table 1 of Annex II, adopt an implementing act to establish the methodology to assess if packaging is recyclable at scale. That methodology shall be based at least on the following elements:on the following minimum requirements: (a) access to appropriate separate collection per packaging predominant material according to article 43 paragraphs 1 and 2; (b) sufficient capacity to sort the packaging types into defined waste streams; (c) sufficient capacity to recycle the waste streams defined in paragraph b. This methodology shall include, inter alia, rules for Member States to establish an adequate monitoring framework ensuring that producers and organisations implementing extended producer responsibility obligations on their behalf report reliable data on separate collection, sorting and treatment operations per packaging material and type, as well as the format for reporting the data referred to in this Article. The Commission shall review the data and publish a report on the results of its review. The assessment shall verify the fulfilment of recyclability at scale on the EU level. The report shall be drawn up after the first reporting of the data by Member States and every four years thereafter.
Amendment 1002 #
Proposal for a regulation
Article 6 – paragraph 6 – point a
Article 6 – paragraph 6 – point a
Amendment 1003 #
Proposal for a regulation
Article 6 – paragraph 6 – point b
Article 6 – paragraph 6 – point b
Amendment 1006 #
Proposal for a regulation
Article 6 – paragraph 6 – point c
Article 6 – paragraph 6 – point c
Amendment 1007 #
Proposal for a regulation
Article 6 – paragraph 6 – point d
Article 6 – paragraph 6 – point d
Amendment 1022 #
Proposal for a regulation
Article 6 – paragraph 7 – point a
Article 6 – paragraph 7 – point a
(a) the manner in which to express the result of the recyclability assessment, evaluated directly or through mass balance as material yield from waste input achieved in commercially operated and available recycling technology, in recyclability performance grades from A to E, as described in Table 3 of Annex II, based on the percentage of the packaging unit, in weight, which is recyclable according to paragraph 1;
Amendment 1028 #
(b) detailed design for recycling criteria, including specific requirements for high quality recycling, where and when needed, for each packaging material and category listed in Table 1 of Annex II;
Amendment 1099 #
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 unit of packaging: calculated as an average for all such packaging placed on the market on the territory of that Member State:
Amendment 1124 #
Proposal for a regulation
Article 7 – paragraph 1 – point b
Article 7 – paragraph 1 – point b
Amendment 1140 #
Proposal for a regulation
Article 7 – paragraph 1 – point d
Article 7 – paragraph 1 – point d
(d) 35 % for plastic packaging other than those referred to in points (a), (b) and (c).
Amendment 1144 #
Proposal for a regulation
Article 7 – paragraph 1 – point d
Article 7 – paragraph 1 – point d
(d) 35 % for packaging other than those referred to in points (a), (b) and (c).
Amendment 1157 #
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 unit of packaging calculated as an average for all such packaging placed on the market on the territory of that Member State:
Amendment 1221 #
Proposal for a regulation
Article 7 – paragraph 4
Article 7 – paragraph 4
4. Paragraphs 1 and 2 shall not apply to compostable plastic packaging as well as to plastic packaging based on renewable raw materials, to inks, adhesives, varnishes, and coatings used on packaging.
Amendment 1252 #
Proposal for a regulation
Article 7 – paragraph 7
Article 7 – paragraph 7
7. By 31 December 202612 months after the entry into force of this regulation, 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 unit of plastic packaging, and the format for the technical documentation referred to in Annex VII. An EU harmonized mass balance method shall be specified as part of all these implementing acts. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 59(3).
Amendment 1359 #
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]2030, packaging referred to in Article 3(1), points (f) and (g), sticky labels attached to fruit and vegetables and very lightweight plastic carrier bags shall be compostable in industrially controlled conditions in bio-waste treatment facilities, and therefore allowed to be collected in bio-waste receptacles.
Amendment 1512 #
Proposal for a regulation
Article 11 – paragraph 1 – subparagraph 1
Article 11 – paragraph 1 – subparagraph 1
From [OP: Please insert the date = 4260 months after the entry into force of this Regulation], packaging shall be marked with a label containing information on its material composition. This obligation does not apply to transport packaging. However, it applies to e-commerce packaging.
Amendment 1527 #
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 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 1663 #
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 the empty space ratio is maximum 40 %. as a mean average of all such packaging placed on the EU market by the economic operator.
Amendment 1680 #
Proposal for a regulation
Article 21 – paragraph 2 – subparagraph 2
Article 21 – paragraph 2 – subparagraph 2
Space filled by filling materials such as paper cuttings, air cushions, bubble wraps, sponge fillers, foam fillers, wood wool, polystyrene or Styrofoam chips, shall be considered as empty space. By [OP:Please insert the date = 18 months after the date of entry into force of this Regulation], the Commission shall adopt delegated acts establishing a methodology for calculation of the void space for different packaging formats.Those delegated acts shall be adopted in accordance with the examination procedure referred to in Article 59 (3). Empty space necessary to comply with the performance criteria in Annex IV shall not be considered as empty space for the purpose of Article 21.
Amendment 1689 #
Proposal for a regulation
Article 21 – paragraph 3 a (new)
Article 21 – paragraph 3 a (new)
3a. Economic operators who supply products to a final distributor or an end user in reusable grouped packaging, transport packaging or e-commerce packaging pursuant to Article 10, shall be exempted from the obligation laid down in paragraph 1.
Amendment 1776 #
Proposal for a regulation
Article 25 – paragraph 3
Article 25 – paragraph 3
3. Economic operators enabling refill shall ensure that packaging offered to the end users at the refill stations is not provided free of charge or is provided as a part of a deposit and return system. Economic operators shall ensure that end users are encouraged to re-use this consumer packaging or have a possibility to easily return it, so that the packaging can be reconditioned for next use or recycled in a closed loop stream.
Amendment 1786 #
Proposal for a regulation
Article 26 – paragraph 1
Article 26 – paragraph 1
1. From 1 January 2030, economic operators making large household appliances listed in point 21 of Annex II to Directive 2012/19/EU available on the market for the first time within the territory of a Member State shall ensure that 90 : (a) from 1 January 2030, 10% of those products are made available in reusable transport packaging within a system for reuse; (b) from 1 January 2040, 40% of those products are made available in reusable transport packaging within a system for re-use.
Amendment 1973 #
Proposal for a regulation
Article 26 – paragraph 8 – point b
Article 26 – paragraph 8 – point b
(b) from 1 January 2040, 530 % of such packaging used is reusable packaging within a system for re-use;
Amendment 1985 #
Proposal for a regulation
Article 26 – paragraph 9 – point a
Article 26 – paragraph 9 – point a
(a) from 1 January 2030, 10 % of such packaging usis either removed isor reusable packaging within a system for re-use;
Amendment 1995 #
Proposal for a regulation
Article 26 – paragraph 9 – point b
Article 26 – paragraph 9 – point b
(b) from 1 January 2040, 30 % of such packaging used for transport is either removed or reusable packaging within a system for re-use;
Amendment 2008 #
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 2036 #
Proposal for a regulation
Article 26 – paragraph 12 – subparagraph 1 – introductory part
Article 26 – paragraph 12 – subparagraph 1 – introductory part
Amendment 2053 #
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.
Amendment 2069 #
Proposal for a regulation
Article 26 – paragraph 13 – subparagraph 1
Article 26 – paragraph 13 – subparagraph 1
Amendment 2084 #
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 and including flexible formats.
Amendment 2091 #
13a. 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 2137 #
Proposal for a regulation
Article 26 – paragraph 16 – point a
Article 26 – paragraph 16 – point a
(a) targets for other products than those covered by paragraphs 1 to 6 of this Article and other packaging formats than those in paragraphs 7 to 10, based on the positive experiences with measures taken by Member States under Article 45(2), with a particular emphasis on the sectors with promising potential such as non- perishable food, pet food, home care products and personal care products.
Amendment 2157 #
Proposal for a regulation
Article 26 – paragraph 17
Article 26 – paragraph 17
17. By [OP: Please insert the date = 86 years after the date of entry into force of this Regulation], the Commission shall review the situation regarding reuse of packaging and, on this basis, assess the appropriateness of establishing measures, reviewing the targets laid down in this Article, and setting new targets for the reuse and refill of packaging, and where necessary present a legislative proposal.
Amendment 2198 #
Proposal for a regulation
Article 29 – paragraph 1 – subparagraph 2
Article 29 – paragraph 1 – subparagraph 2
A sustained reduction is achieved if the annual consumption does not exceed 40 lightweight plastic carrier bags per person, or the equivalent target in weight, by 31 December 20235, and subsequently by 31 December in each year thereafter.
Amendment 2220 #
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 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. The amount of waste generated per capita should be maximum:
Amendment 2225 #
Proposal for a regulation
Article 38 – paragraph 1 – point a
Article 38 – paragraph 1 – point a
(a) 5 %X kg/capita by 2030;
Amendment 2232 #
Proposal for a regulation
Article 38 – paragraph 1 – point b
Article 38 – paragraph 1 – point b
(b) 10 %Y kg/capita by 2035;
Amendment 2236 #
Proposal for a regulation
Article 38 – paragraph 1 – point c
Article 38 – paragraph 1 – point c
(c) 15 %Z kg/capita by 2040.
Amendment 2252 #
Proposal for a regulation
Article 38 – paragraph 3
Article 38 – paragraph 3
3. For the purpose of paragraph 2, Member States may use economic instruments and other measures to provide incentives for the application of the waste hierarchy, such as measures referred to in Annexes IV and IVa to Directive 2008/98/EC, or other appropriate instruments and measures, including incentives through extended producer responsibility schemes and requirements on producers or producer responsibility organisations to adopt waste prevention plans, or by encouraging and incentivising the use of sales packaging as e-commerce packaging. Such measures shall be proportionate and non- discriminatory and be designed so as to avoid barriers to trade or distortions of competition in conformity with the Treaty.
Amendment 2266 #
Proposal for a regulation
Article 39 – paragraph 1 – subparagraph 1
Article 39 – paragraph 1 – subparagraph 1
Member States shall establish a register which shall serve to monitor compliance of producers of packaging with the requirements set out in this Chapter.
Amendment 2268 #
Proposal for a regulation
Article 39 – paragraph 1 – subparagraph 2
Article 39 – paragraph 1 – subparagraph 2
The register shall provide links to other national registers of producers’ websites to facilitate, in all Member States, registration of producers or appointed representatives for the extended producer responsibility, where applicable according to Article 40, their authorised representatives.
Amendment 2274 #
Proposal for a regulation
Article 39 – paragraph 4
Article 39 – paragraph 4
4. Producers shall not make available packaging on the market, if they or, where applicable, their appointed representatives for the extended producer responsibilityin line with Article 40, their authorised representatives, are not registered in such Member State.
Amendment 2275 #
Proposal for a regulation
Article 39 – paragraph 6
Article 39 – paragraph 6
6. Where an appointuthorised representative for the extended producer responsibility represents more than one producer, it shall in addition to the information to be provided pursuant to paragraph 5, provide the name and the contact details of each one of the represented producers separately.
Amendment 2276 #
Proposal for a regulation
Article 39 – paragraph 7
Article 39 – paragraph 7
7. The producer or, where applicable in line with Article 40, the producer’s appointuthorised representative for the extended producer responsibility or the producer responsibility organisation shall report to the competent authority responsible for the register, by 1 March for each full preceding calendar year, the information set out in Part B of Annex IX.
Amendment 2279 #
Proposal for a regulation
Article 40 – paragraph 1
Article 40 – paragraph 1
1. Producers of packagingas defined in Article 3(10) shall have extended producer responsibility under the schemes established in accordance with Articles 8 and 8a of Directive 2008/98/EC and with this Section for the packaging that they make availablplace on the market for the first time within the territory of a Member State. Member States shall define in a clear way the roles and responsibilities of every producer with extended producer responsibility.
Amendment 2281 #
Proposal for a regulation
Article 40 – paragraph 2
Article 40 – paragraph 2
2. A producer that is not established in the Union shall appoint, by written mandate, an appointuthorised representative for the extended producer responsibility in each Member State other than the Member State where it is established where it makes packaging available for the first timein each Member State where it places packaging for fulfilling the obligations of that producer under Chapter VII of this Regulation.
Amendment 2282 #
Proposal for a regulation
Article 40 – paragraph 2 a (new)
Article 40 – paragraph 2 a (new)
2a. A producer established in a Member State other than the Member State where it places packaging may appoint, by written mandate, an authorised representative.
Amendment 2283 #
Proposal for a regulation
Article 40 – paragraph 3 – introductory part
Article 40 – paragraph 3 – introductory part
3. Providers of online platforms, falling within the scope of Section 4 of Chapter 3 of Regulation (EU) 2022/2065, allowing consumers to conclude distance contracts with producers, are required to comply with the extended producer responsibility requirements referred to in paragraphs 1 and 2 of this Article, unless that they can prove that shall obtain the following information from producers offering packaging to consumers located in the Union are complying with these requirements by obtaining:
Amendment 2288 #
Proposal for a regulation
Article 40 – paragraph 3 a (new)
Article 40 – paragraph 3 a (new)
3a. If producers sell their products via an online marketplace and are not registered in accordance with Article 39(2), the online marketplace in which the products are offered for sale may fulfil the obligations under Article 39(7) in respect of such producers collectively.
Amendment 2311 #
Proposal for a regulation
Article 39 – paragraph 4
Article 39 – paragraph 4
4. Producers shall not make available packaging on the market, if they or, where applicable, their appointed representatives for the extended producer responsibilityin line with Article 40, their authorised representatives, are not registered in such Member State.
Amendment 2312 #
Proposal for a regulation
Article 39 – paragraph 6
Article 39 – paragraph 6
6. Where an appointuthorised representative for the extended producer responsibility represents more than one producer, it shall in addition to the information to be provided pursuant to paragraph 5, provide the name and the contact details of each one of the represented producers separately.
Amendment 2313 #
Proposal for a regulation
Article 39 – paragraph 7
Article 39 – paragraph 7
7. The producer or, where applicable in line with Article 40, the producer’s appointuthorised representative for the extended producer responsibility or the producer responsibility organisation shall report to the competent authority responsible for the register, by 1 March for each full preceding calendar year, the information set out in Part B of Annex IX.
Amendment 2315 #
Proposal for a regulation
Article 39 – paragraph 7
Article 39 – paragraph 7
7. The producer or, where applicable in line with Article 40, the producer’s appointuthorised representative for the extended producer responsibility or the producer responsibility organisation shall report to the competent authority responsible for the register, by 1 March for each full preceding calendar year, the information set out in Part B of Annex IX.
Amendment 2318 #
Proposal for a regulation
Article 40 – paragraph 1
Article 40 – paragraph 1
1. Producers of packagingas defined in Article 3(10) shall have extended producer responsibility under the schemes established in accordance with Articles 8 and 8a of Directive 2008/98/EC and with this Section for the packaging that they make availablplace on the market for the first time within the territory of a Member State. Member States shall define in a clear way the roles and responsibilities of every producer with extended producer responsibility.
Amendment 2320 #
Proposal for a regulation
Article 40 – paragraph 2
Article 40 – paragraph 2
2. A producer that is not established in the Union shall appoint, by written mandate, an appointuthorised representative for the extended producer responsibility in each Member State other than the Member State where it is established where it makes packaging available for the first timein each Member State where it places packaging for fulfilling the obligations of that producer under Chapter VII of this Regulation.
Amendment 2322 #
Proposal for a regulation
Article 40 – paragraph 2
Article 40 – paragraph 2
2. A producer that is not established in the Union shall appoint, by written mandate, an appointuthorised representative for the extended producer responsibility in each Member State other than the Member State where it is established where it makes packaging available for the first timein each Member State where it places packaging for fulfilling the obligations of that producer under Chapter VII of this Regulation.
Amendment 2323 #
Proposal for a regulation
Article 40 – paragraph 2 a (new)
Article 40 – paragraph 2 a (new)
2a. A producer established in a Member State other than the Member State where it places packaging may appoint, by written mandate, an authorised representative.
Amendment 2324 #
Proposal for a regulation
Article 40 – paragraph 3 – introductory part
Article 40 – paragraph 3 – introductory part
3. Providers of online platforms, falling within the scope of Section 4 of Chapter 3 of Regulation (EU) 2022/2065, allowing consumers to conclude distance contracts with producers, are required to comply with the extended producer responsibility requirements referred to in paragraphs 1 and 2 of this Article, unless that they can prove that shall obtain the following information from producers offering packaging to consumers located in the Union are complying with these requirements by obtaining:
Amendment 2331 #
Proposal for a regulation
Article 40 – paragraph 3 a (new)
Article 40 – paragraph 3 a (new)