234 Amendments of Pietro FIOCCHI related to 2022/0396(COD)
Amendment 208 #
Proposal for a regulation
Title 1
Title 1
Proposal for a REGULATIONDIRECTIVE 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 (Text with EEA relevance) * (This amendment applies throughout the text; adopting it will necessitate corresponding changes throughout.)
Amendment 237 #
Proposal for a regulation
Recital 10 a (new)
Recital 10 a (new)
(10a) Measures for transition to a more sustainable way of serving food and drinks in the Union (including use of single serve portion packs) must take into account the complexity and heterogeneity of the foodservice sector in the EU (e.g., diversity of offer, variety of contexts and scale of operations) and the varying needs, behaviour and habits of different categories of consumer. In particular, measures should address the need to: maintain high levels of environmental protection and not require use of packaging solutions that, in fact, have a higher environmental impact than existing or other alternative solutions; maintain high levels of food hygiene where food and drinks are served to prevent the avoidable spread of pathogens and protect public health; take account of the use of safe food contact materials; promote positive consumer behaviour change; and ensure the special separate collection, sorting, sanitisation and recycling needs of this sector. To this end, it is necessary to: clarify and categorise the different foodservice settings and applications; establish the specific challenges and needs related to the packaging used to serve food and drinks to consumers, often related to the different foodservice settings and applications (indoor and outdoor); fill the data and scientific evidence gaps; and, identify optimum sustainable packaging approaches and, where relevant, specific solutions in foodservice. Thorough research and expert assessment of environmental, food hygiene and public health, operational, economic and consumer behaviour implications are needed.
Amendment 238 #
Proposal for a regulation
Recital 11
Recital 11
(11) An item, which is an integral part of a product and is necessary to contain, support or preserve that product throughout its lifetime and where all elements are intended to be used, consumed or disposed of together, should not be considered as being packaging. given that its functionality is intrinsically linked to it being part of the product. However, in light of the disposal behaviour of consumers regardingefforts to establish appropriate recycling and composting streams, tea and coffee bags as well as coffee or teabeverage system single- serve units, which in practice are disposed of together with the product residue leading to the contamination of compostable and recycling streams, those specific items should be treated as packaging. This is in line with the objective to increase the separate collection of bio-waste, as required by Article 22 of Directive 2008/98/EC of the European Parliament and of the Council41.Furthermore, to ensure coherence regarding end-of-life financial and operational obligations, also all coffee or tea system single-serve units necessary to contain coffee or tea should be treated as packaging. _________________ 41 Directive 2008/98/EC of the European Parliament and of the Council of 19 November 2008 on waste and repealing certain Directives (OJ L 312, 22.11.2008, p. 3)should be treated as packaging.
Amendment 242 #
Proposal for a regulation
Recital 11
Recital 11
(11) An item, which is an integral part of a product and is necessary to contain, support or preserve that product throughout its lifetime and where all elements are intended to be used, consumed or disposed of together, should not be considered as being packaging given that its functionality is intrinsically linked to it being part of the product. However, in light of the disposal behaviour of consumers regarding tea and coffee bags as well as coffee or tea system single-serve units, which in practice are disposed of together with the product residue leading to the contamination of compostable and recycling streams, those specific items should be treated as packaging. This is in line with the objective to increase the separate collection of bio-waste, as required by Article 22 of Directive 2008/98/EC of the European Parliament and of the Council41 . Furthermore, to ensure coherence regarding end-of-life financial and operational obligations, also all coffee or tea system single-serve units necessary to contain coffee or tea should be treated as packaging. _________________ 41 Directive 2008/98/EC of the European Parliament and of the Council of 19 November 2008 on wa, assuring that the bio- contamination of those products does not affect the existing collection and sorting system and repealing certain Directives (OJ L 312, 22.11.2008, p. 3)the quality of the total recycled material.
Amendment 245 #
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. 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. In order to increase the availability and quality of recyclates, the focus should be on the raw materials ability to retain its inherent material properties after recycling, and its ability to replace primary raw materials in future applications.
Amendment 249 #
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. 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. Any additional Member State information and labelling requirements that go beyond the requirements of this Regulation shall not be considered as mandatory but used on a voluntary basis.
Amendment 289 #
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 ensuring marketing and consumer acceptance. 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 ensuring marketing and consumer acceptance, 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 298 #
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 304 #
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 ensuring 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. 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 305 #
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 its functions as listed in Article 3 paragraph 1, 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 319 #
Proposal for a regulation
Recital 25
Recital 25
Amendment 330 #
Proposal for a regulation
Recital 27 a (new)
Recital 27 a (new)
Amendment 342 #
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 unit of packaging containsckaging they placed on the market within the territory of a Member State contains on average a certain minimum percentage of recycled content recovered from post- consumer plastic waste.
Amendment 347 #
Proposal for a regulation
Recital 30
Recital 30
(30) There should be an incentive for economic operators to increase the recycled content in the plastic part of packaging. The most appropriate means to achieve this is to ensure the modulation of extended producer responsibility fees based on the percentage of recycled content in packaging. The fee modulation should be based on common rules for the calculation and verification of the recycled content contained in such packagingon average in packaging placed on the market within the territory of a Member State by economic operators.
Amendment 363 #
Proposal for a regulation
Recital 35
Recital 35
(35) The bio-waste waste stream is oftencould be contaminated with conventional plastics and the material recycling streams are oftencould be contaminated with compostable plastics. This cross-contamination could leads to waste of traditional and compostable 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 andTherefore, it is necessary to lay down clear and common rules on the use of compostableand disposal of 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-wastelabeled as compostable, including the possibility to mandating applications. This is particularly the case when the use of compostable packaging helps collect or recycle of bio-waste. All plastic packaging labeled as compostable should not go into material recycling.
Amendment 366 #
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 material. This contamination leads to environmental and economic impacts and waste of resources and should be prevented at source. As the proper disposal route for compostable plastic packaging is becoming increasingly confusing for consumersMandating 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 ofrecycle bio-waste.
Amendment 374 #
Proposal for a regulation
Recital 36
Recital 36
(36) For limited packaging applications made of biodegradable plastic polymers, there is a demonstrable environmental benefit of using compostable packaging, for specific packaging applications (e.g. those strictly linked to food and food waste), 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 as required by Article 22 of Directive 2008/98, 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 not labeled as compostable 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 379 #
Proposal for a regulation
Recital 37
Recital 37
Amendment 380 #
Proposal for a regulation
Recital 38
Recital 38
(38) In order to facilitate conformity assessment with requirements on compostable packaging, it is necessary to provide for presumption of conformity for compostable packaging which is in conformity with harmonised standards adopted in accordance with Regulation (EU) No 1025/2012 of the European Parliament and of the Council56 for the purpose of expressing detailed technical specifications of those requirements and take into account, in line with the latest scientific and technological developments, the parameters, including compostingtimes and admissible levels of contamination, which reflect the actual conditions in bio- waste treatment facilities, including anaerobic digestion processes. _________________ 56 Regulation (EU) No 1025/2012 of the European Parliament and of the Council of 25 October 2012 on European standardisation, amending Council Direcquality of the output proper processing tivmes 89/686/EEC and 93/15/EEC and Directives 94/9/EC, 94/25/EC, 95/16/EC, 97/23/EC, 98/34/EC, 2004/22/EC, 2007/23/EC, 2009/23/EC and 2009/105/EC of the European Parliament and of the Council and repealing Council Decision 87/95/EEC and Decision No 1673/2006/EC of the European Parliament and of the Council Text with EEA relevance (OJ L 316, 14.11.2012, p. 12)and admissible levels of contamination.
Amendment 384 #
Proposal for a regulation
Recital 39
Recital 39
Amendment 387 #
Proposal for a regulation
Recital 40
Recital 40
(40) Packaging should be designed, where relevant for a given shape, so as to minimisze its volume and weight while maintaining its ability to perform the packaging functions, including those referred to in Article 3 (1). 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 13428:20005730, should therefore be modified. While marketing and consumer acceptance remain relevant for packaging designpresentation, design and differentiation functionality, they should not be part ofthe main performance criteria justifying on their own additional packaging weight and volume. However, this should not compromise product or packaging specifications for craft and industrial products and food, beverages and agricultural products that are registered aundprotected under theEU geographical indication protection schemeer or otherwise protected by Union intellectual property law or EU geographical indication protection schemes, including third country geographical indication /products that have been given distinctive recognition by the Union, as part of the Union’s objective to protect intellectual property, cultural heritage and traditional know-how. Traditional packaging associated with products that have been given distinctive recognition or are subject to geographical indications of origin protection shall nevertheless look to reduce packaging weight to the lowest weight possible whilst protecting the shape of the packaging in line with the overall ambitions of this proposal. 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 minimiszation. 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 408 #
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 Commission and the Member States should provide incentives, including economic ones, especially to micro- enterprises and SMEs.
Amendment 410 #
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. 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, and for reusable packaging. Similarly, packaging subject to deposit and return systems should be identified by means denoting participation in the system without the need to indicate material composition.
Amendment 415 #
Proposal for a regulation
Recital 47
Recital 47
(47) In order to inform end-users about reusability, availability of systems for re- use and location of collection points as regards reusable packaging, such packaging should bear a QR code or other data carrier that provides such information. The QR code should also facilitate tracking and the calculation of trips and rotations. In addition, reusable sales packaging should be clearly identified at the point of sale. To this end, the Commission and the Member States should provide incentives, including economic ones, especially to micro-enterprises and SMEs.
Amendment 437 #
Proposal for a regulation
Recital 61
Recital 61
Amendment 449 #
Proposal for a regulation
Recital 65
Recital 65
(65) To incentivise waste prevention, a new concept of ‘refill’ should be introduced. Refill should be considered as a specific waste prevention measure that counts towards and is necessary for meeting of the re-use and refill targets. However, containers owned by the consumer, performing a packaging function in the context of refill, such as reusable cups, mugs, bottles or boxes are not packaging in the sense of this Regulation. In the context of this Regulation, only refill happening via a system for refill counts towards the reuse and refill targets. Such system for refill can be, for example, a refill station found in the premises of an economic operator or a product dispenser for home consumption.
Amendment 456 #
Proposal for a regulation
Recital 66
Recital 66
(66) Where economic operators offer the possibility to purchase products through refill, on their premises they should ensure that their refill stations meet certain requirements in order to ensure the health and safety of consumers. In thise 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.
Amendment 458 #
Proposal for a regulation
Recital 67
Recital 67
(67) In order to reduce the increasing proportion of packaging that is single use and the growing amounts of packaging waste generated, it is necessary to establish quantitative re-use and refill targets on packaging in sectors, which have been assessed as having the greatest potential for packaging waste reduction, namely food and beverages for take-away, large- white goods and some transport packaging. This was appraised based on factors such as existing systems for re-use, necessity of using packaging and the possibility of fulfilling the functional requirements in terms of containment, tidiness, health, hygiene and safety. Differences of the products and their production and distribution systems, were also taken into account. The setting of the targets is expected to support the innovation and increase the proportion of re-use and refill solutions. The use of single use packaging for food and beverages filled and consumed within the premises in the HORECA sector should not be allowed. In accordance with Article 4(2) of Directive 2008/98/EC, restriction shall not apply for single-use packaging delivering a better overall environmental outcome justified by life cycle thinking, as well as a better overall economic and health impact.
Amendment 464 #
Proposal for a regulation
Recital 68
Recital 68
(68) To increase their effectiveness and ensure the equal treatment of economic operators, the re-use and refill targets should be placed on the economic operators. In cases of targets for beverages, they should be additionally placed also on the manufacturers, as these actors are able to control the packaging formats used for the products they offer and decide based on thorough consideration of logistics, environmental, technical, industrial and consumer criteria. The targets should be calculated as a percentage of sales in reusable packaging within a system for re- use or through refill or, in case of transport packaging, as a percentage of uses. The targets should be material neutral. A detailed assessment should be carried out to ensure that reuse targets can be implemented in a safe, economically viable and environmentally sustainable way that would bring tangible benefits compared to recyclable alternatives. In order to ensure uniform conditions for the implementation of targets for re-use and refill, the power to adopt an implementing act in accordance with Article 291 of the Treaty on the methodology for their calculation, should be delegated to the Commission.
Amendment 467 #
Proposal for a regulation
Recital 68
Recital 68
(68) To increase their effectiveness and ensure the equal treatment of economic operators, the re-use and refill targets should be placed on the economic operators. In cases of targets for beverages, they should be additionally placed also on the manufacturers, as these actors are able to control the packaging formats used for the products they offer. The targets should be calculated as a percentage of sales in reusable packaging within a system for re-use or through refill or, in case of transport packaging, as a percentage of uses. The targets should be material neutral. In order to ensure uniform conditions for the implementation of targets for re-use and refill, the power to adopt an implementing act in accordance with Article 291 of the Treaty on the methodology for their calculation, should be delegated to the Commission.
Amendment 498 #
Proposal for a regulation
Recital 91
Recital 91
(91) To achieve an ambitious and sustained reduction in the overall packaging waste generation, targets should be laid down for the reduction of packaging waste per capita to be achieved by 2030. Meeting a target of 5 % reduction in 2030 compared to 2018 should entail an overall absolute reduction of approximately 19 % on average acmaterial (plastics, wood, ferrosus the Union in 2030 compared to the 2030 baseline. Member States should reduce packaging waste generation by 10 %, compared to 2018, by 2035; this is estimated to reduce packaging waste by 29 % compared to the 2030 baseline. In order to ensure that the reduction efforts continue beyond 2030, a reduction target of 10 % from 2018, which would mean a reduction of 29 % compared to baseline, should be set for 2035 and, for 2040, a reduction target of 15 % from 2018, which means a reduction of 37 % compared to baseline should be establishedmetals, aluminium, glass and paper and cardboard) per capita to be achieved by 2040.
Amendment 502 #
Proposal for a regulation
Recital 91
Recital 91
(91) To achieve an ambitious and sustained reduction in the overall packaging waste generation, targets should be laid down for the reduction of packaging waste per capita to be achieved by 2030. Meeting a target of 5 % reduction in 2030 compared to 2018 should entail an overall absolute reduction of approximately 19 % on average across the Union in 2030 compared to the 2030 baseline. Member States should reduce packaging waste generation by 10 %, compared to 2018, by 2035; this is estimated to reduce packaging waste by 29 % compared to the 2030 baseline. In order to ensure that the reduction Member States shall reduce by 5% the packaging waste generated per capita as compared to the packaging waste generated per capita in 2018 only for packaging materials where data shows that packaging waste have consistently increased and are not highly recyclable. Befforts continue beyond 2030, a reduction target of 10 % from 2018, which would mean a reduction of 29 % compared to baseline, should be set for 2035 and, for 2040, a reduction target of 15 % from 2018, which means a reduction of 37 % compared to baseline should be establishede setting new targets, the Commission should present a report to assess if the elements included in this Regulation have met its objectives. .
Amendment 504 #
Proposal for a regulation
Recital 91 a (new)
Recital 91 a (new)
(91a) Waste prevention through reduction at source by material should be a key guiding principle, as per the existing harmonised standard EN 13428:200030, whereby the substitution of one packaging material by another is not a basis for source reduction.
Amendment 527 #
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 542 #
Proposal for a regulation
Recital 107
Recital 107
(107) Member States which, without a deposit and return system, achieve either 90 % collection rate of the targeted packaging types without a deposit and return system two consecutive calendar years preceding the entry into force of this obligation, or recycling targets set by Article 46, may request not to establish a deposit and return system.
Amendment 584 #
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 589 #
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 as regards the requirements provided for in paragraph 2 of Article 4 of Directive 2008/98/EC.
Amendment 596 #
Proposal for a regulation
Article 3 – paragraph 1 – point 1 – point f
Article 3 – paragraph 1 – point 1 – point f
(f) permeable tea or coffee bagsingle- serve units necessary to contain a tea or coffee product and intended to be used and disposed of together with the product;
Amendment 598 #
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 intendednt to be used and disposed of together with the product;
Amendment 601 #
Proposal for a regulation
Article 3 – paragraph 1 – point 1 – point f
Article 3 – paragraph 1 – point 1 – point f
(f) tea or coffee or herbal and fruit infusion bags necessary to contain a tea or, coffee, fruit or herbal product and intended to be used and disposed of together with the product;
Amendment 617 #
Proposal for a regulation
Article 3 – paragraph 1 – point 1 – point g
Article 3 – paragraph 1 – point 1 – point g
(g) coffee or tea systemprotective beverage single-serve unit necessary to contain a coffee or tea product and intended to be used and disposed of together with the product;
Amendment 639 #
(18a) ‘plastic packaging’ means a packaging that is wholly or predominantly made of plastic.
Amendment 641 #
Proposal for a regulation
Article 3 – paragraph 1 – point 19
Article 3 – paragraph 1 – point 19
(19) ‘'composite packaging’ means a unit of packaging made of two or more different materials, excluding materials used for labels, closures and sealing, which cannot be separated manually and therefore form a single integraloatings, linings, paints, inks, adhesives, closures and sealing which are considered as part of the weight of the main packaging material, which cannot be separated manually and therefore form a single integral unit, unless a given material constitutes an insignificant part of the packaging unit and in no case more than 10% of the total mass of the packaging unit;
Amendment 644 #
Proposal for a regulation
Article 3 – paragraph 1 – point 19
Article 3 – paragraph 1 – point 19
(19) ‘composite packaging’ means a unit of packaging made of two or more different materials, excluding materials used for labels, closures and sealingoatings, linings, paints, inks, adhesives, closures and sealing which are considered as part of the weight of the main packaging material, which cannot be separated manually and therefore form a single integral unit;
Amendment 650 #
Proposal for a regulation
Article 3 – paragraph 1 – point 22 a (new)
Article 3 – paragraph 1 – point 22 a (new)
(22a) ‘circular packaging system for foodservice’ means: (a) a set of organisational, technical and financial arrangements that are put in place to ensure, through sustainable infrastructures, systems, processes and, where relevant, incentives, the possibility for the holder to return used foodservice packaging for actual reuse (or recycling, if at end of life) or for actual recycling, taking full account of EU food contact material requirements; (b) a system, private or public, regardless of size or scope, in which the foodservice packaging is collected and, where necessary, sorted for actual reuse and/or actual recycling, taking full account of EU food contact material requirements.
Amendment 660 #
Proposal for a regulation
Article 3 – paragraph 1 – point 28
Article 3 – paragraph 1 – point 28
(28) ‘refill’ means an operation by which an end user fills its own container, which fulfils the packaging function, with a product or several products offered by the final distributor in the context of a commercial transaction;
Amendment 663 #
Proposal for a regulation
Article 3 – paragraph 1 – point 28
Article 3 – paragraph 1 – point 28
(28) ‘'refill’ means an operation entailing a sistem for refill by which an end user fills its own container, which fulfils the packaging function, with a product or several products offered by the final distributor in the context of a commercial transaction;purchased trough a final distributor
Amendment 689 #
Proposal for a regulation
Article 3 – paragraph 1 – point 32
Article 3 – paragraph 1 – point 32
(32) ‘"recycled at scale’ means collected, sorted and recycl" packaging means a packaging collected and sorted through installed state- of- the-art infrastructure and processes, covering at least 75 % of the Union population, including packaging waste exported from the Union that meets the requirements of Article 47(5); and that is capable of being recycled with full transparency on the tonnages recycled and outlets, and with guarantees that the secondary raw materials produced are of sufficient quality that they can find end markets to substitute for the use of raw material, in line with Article 3(17) of the Waste Framework Directive (2008/98/EC) and in line with Article 47(3).
Amendment 691 #
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-of-the-art infrastructure and processes, covering at least 75 % of the Union populationthat the packaging meets the requirements of Article 6(2) and is accepted for recycling by producer responsibility organisations in the majority of Member states, where the packaging is placed on the market and the producer is registered under the obligations set out in Article 39, including packaging waste exported from the Union that meets the requirements of Article 47(5);
Amendment 703 #
Proposal for a regulation
Article 3 – paragraph 1 – point 32 a (new)
Article 3 – paragraph 1 – point 32 a (new)
(32a) 'high quality recycling’ means any recovery operation, as defined in Article 3, point (17), of Directive 2008/98/EC, that ensures that the distinct quality of the collected and sorted waste is preserved or recovered during that recovery operation, so that the resulting recycled materials are of sufficient quality to substitute primary raw materials with minimal loss of quantity, quality or function;
Amendment 710 #
Proposal for a regulation
Article 3 – paragraph 1 – point 32 a (new)
Article 3 – paragraph 1 – point 32 a (new)
(32a) '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 718 #
Proposal for a regulation
Article 3 – paragraph 1 – point 34
Article 3 – paragraph 1 – point 34
(34) ‘integrated component’ means a packaging component that may be distinct from the main body of the packaging unit, and may be of a different material (such as closures), but is integral to the packaging unit and its functioning and does not need to be separated permanently from the main packaging unit in order to consume the product and maintain a function after its first use and is typically discarded at the same time as the packaging unit, although not necessarily in the same disposal route;
Amendment 719 #
Proposal for a regulation
Article 3 – paragraph 1 – point 35
Article 3 – paragraph 1 – point 35
(35) ‘'separate component’' means a packaging component that is distinct from the main body of the packaging unit, which may be of a different material, that needs to be disassembled completely and permanently from the main packaging unit in order to access the product, and that is typically discarded prior to and separately from the packaging unitand that can be manually and readily detached by the end-user at the time of disposal;
Amendment 729 #
Proposal for a regulation
Article 3 – paragraph 1 – point 37
Article 3 – paragraph 1 – point 37
(37) ‘innovative packaging’ means a form of packaging that is manufactured using new materialand innovative materials, and polymers, design or production processes, resulting in a significant improvement in the functions of packaging, such as containment, protection, handling, delivery or presentation of products, and in demonstrable environmental benefits, with the exception of packaging that is the result of modification of existing packaging for the sole purpose of improved presentation of products and marketing;
Amendment 734 #
Proposal for a regulation
Article 3 – paragraph 1 – point 38
Article 3 – paragraph 1 – point 38
Amendment 735 #
Proposal for a regulation
Article 3 – paragraph 1 – point 38
Article 3 – paragraph 1 – point 38
(38) ‘secondary raw materials’ means materials that have been obtained through recycling processes and can substitute primary raw materials following the definition of recycling set in article 3 paragraph 17 of the Waste Framework Directive (2008/98/EC) and in line with article 47 paragraph 3 of this Regulation;
Amendment 736 #
Proposal for a regulation
Article 3 – paragraph 1 – point 38
Article 3 – paragraph 1 – point 38
(38) ‘secondary raw materials’ means materials that have been obtaineprocesses undergone all necessary checking, sorting and othrough recycling processeser preliminary operations to remove waste materials that are not targeted by the subsequent reprocessing and can substitute primary raw materials;
Amendment 742 #
Proposal for a regulation
Article 3 – paragraph 1 – point 39 a (new)
Article 3 – paragraph 1 – point 39 a (new)
Amendment 745 #
Proposal for a regulation
Article 3 – paragraph 1 – point 39 b (new)
Article 3 – paragraph 1 – point 39 b (new)
(39b) 'pre-consumer plastic waste' means plastic waste that is generated from production and converting of plastic material.
Amendment 748 #
Proposal for a regulation
Article 3 – paragraph 1 – point 39 c (new)
Article 3 – paragraph 1 – point 39 c (new)
(39c) 'recycled content” is the amount of material obtained from the recycling of post-industrial and post-consumer waste, whether to be recycled mechanically or chemically, uptaken in a product and in its scraps.
Amendment 749 #
Proposal for a regulation
Article 3 – paragraph 1 – point 39 e (new)
Article 3 – paragraph 1 – point 39 e (new)
(39e) 'post-industrial plastic waste' means plastic waste that is generated from production and converting of plastic materials.
Amendment 751 #
Proposal for a regulation
Article 3 – paragraph 1 – point 40
Article 3 – paragraph 1 – point 40
(40) ‘contact sensitive packaging’ means packaging that is intended to be used in any packaging applications in the scope of Regulations: (EC) No 1831/2003, (EC) No 1935/2004, (EC) No 767/2009, (EC) No 2009/1223, (EU) 2017/745, (EU) 2017/746, (EU) 2019/4, (EU) 2019/6, Directive 2001/83/EC, or Directive 2008/68/ECDirective 2002/46/EC, Directive 2008/68/EC, or for products as defined in Article 1 of Decision (2014/763/EU);
Amendment 752 #
Proposal for a regulation
Article 3 – paragraph 1 – point 41
Article 3 – paragraph 1 – point 41
(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 780 #
Proposal for a regulation
Article 3 – paragraph 2
Article 3 – paragraph 2
The definitions of ‘substance of concern’ and ‘data carrier’ laid down in Article [2 points (28) and (30)]very high concern of the [REACH Regulation] and ‘data carrier’ of Regulation [Ecodesign for sustainable products] laid down in Article [2 points (28) and (30)] shall apply;
Amendment 784 #
Proposal for a regulation
Article 3 – paragraph 2
Article 3 – paragraph 2
The definitions of ‘substance of concern’ and ‘data carrier’ laid down in Article [2 points (28) and (30)] of Regulation [Ecodesign for sustainable products] shall apply;
Amendment 793 #
Proposal for a regulation
Article 4 – paragraph 4
Article 4 – paragraph 4
4. In case Member States choose to maintain or introduce national sustainability requirements or information requirements additional to those laid down in this Regulation, those requirements shall not conflict with those laid down in this Regulation and the Member States shall not prohibit, restrict or impede the placing on the market of packaging that complies with the requirements under this Regulation for reasons of non-compliance with those national requirements.
Amendment 802 #
Proposal for a regulation
Article 4 – paragraph 5
Article 4 – paragraph 5
Amendment 810 #
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 are not 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 of this Regulation
Amendment 815 #
Proposal for a regulation
Article 5 – paragraph 1
Article 5 – paragraph 1
1. Packaging shall be so manufactured that the presence and concentration of substances of concernthat meet the criteria in Article 57 and identified in accordance with Article 59(1) in a concentration above 0,1 % weight by weight (w/w) as laid down the Regulation (EC) No 1907/2006, as constituents of the packaging material or of any of the packaging components is minimised, including with regard to their presence in emissions and any outcomes of waste management, such as secondary raw materials, ashes or other material for final disposal.
Amendment 820 #
1. Packaging shall be so manufactured that the presence and concentration of substances of concernSVHCs as laid down in Article 33 of Regulation (EC) No 1907/2006 as constituents of the packaging material or of any of the packaging components is minimised, including with regard to their presence in emissions and any outcomes of waste management, such as secondary raw materials, ashes or other material for final disposal.
Amendment 824 #
Proposal for a regulation
Article 5 – paragraph 2
Article 5 – paragraph 2
2. Without prejudice toOther than the substances criteria laid down in Article 5(1), shall be applied the restrictions on chemicals set out in Annex XVII of Regulation (EC) No 1907/2006 or, where applicable, to the restrictions and specific measures on food contact packaging in Regulation (EC) No 1935/2004, the sum of concentration levels of lead, cadmium, mercury and hexavalent chromium resulting from substances present in packaging or packaging components shall not exceed 100 mg/kg.
Amendment 839 #
Proposal for a regulation
Article 5 – paragraph 4
Article 5 – paragraph 4
4. Recyclability requirements established in delegated acts adopted pursuant to Article 6(5) shall not restrict the presence of substances in packaging or packaging components for reasons relating primarily to chemical safety. They shall address, as appropriate, substances of concern that negatively affect the re-use and recycling of materials in the packaging in which they are present, and shall, as appropriate, identify the specific substances concerned and their associated criteria and limitations.
Amendment 847 #
Proposal for a regulation
Article 5 – paragraph 4
Article 5 – paragraph 4
4. Recyclability requirements established in delegated acts adopted pursuant to Article 6(5)CEN - European committee for standardization shall not restrict the presence of substances in packaging or packaging components for reasons relating primarily to chemical safety. They shall address, as appropriate, substances of concern that negatively affect the re-use and recycling of materials in the packaging in which they are present, and shall, as appropriate, identify the specific substances concerned and their associated criteria and limitations.
Amendment 869 #
Proposal for a regulation
Article 6 – paragraph 1
Article 6 – paragraph 1
1. All packaging shall be recyclable from 1 January 2030.
Amendment 874 #
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 892 #
Proposal for a regulation
Article 6 – paragraph 2 – subparagraph 1 – point d
Article 6 – paragraph 2 – subparagraph 1 – point d
(d) except for compostable plastics it can be recycled so that the resulting secondary raw materials are of sufficient quality to substitute the primarya raw materials;
Amendment 902 #
Proposal for a regulation
Article 6 – paragraph 2 – subparagraph 1 b (new)
Article 6 – paragraph 2 – subparagraph 1 b (new)
Packaging shall be considered highly recyclable where it complies with the point (a) to (e) above and, additionally, can be recycled multiple times so that the resulting secondary raw material retains its main material properties and is of sufficient quality to substitute the primary raw materials in similar quality application. Points (a) to (e) shall apply from 1 January 2030
Amendment 913 #
Proposal for a regulation
Article 6 – paragraph 2 – subparagraph 2
Article 6 – paragraph 2 – subparagraph 2
Points (a) to (d) shall apply from 1 January 2030 and point (e) shall apply from 1 January 2035.
Amendment 919 #
Proposal for a regulation
Article 6 – paragraph 2 – subparagraph 1 (new)
Article 6 – paragraph 2 – subparagraph 1 (new)
Compostable packaging shall be considered organically recyclable where it complies with Article 8 and ANNEX III.
Amendment 933 #
Proposal for a regulation
Article 6 – paragraph 3
Article 6 – paragraph 3
3. Recyclable packaging shall, from 1 January 2030, comply with the design for recycling criteria as laid down in the delegated actsCEN standards, where applicable, adopted pursuant to paragraph 4 and, from 1 January 2035, also with the recyclability at scale requirements laid down in the delegated actCEN standards adopted pursuant to paragraph 6. Where such packaging complies with those delegated actstandards, it shall be considered to comply with paragraph 2, points (a) and (e).
Amendment 942 #
Proposal for a regulation
Article 6 – paragraph 4 – subparagraph 1
Article 6 – paragraph 4 – subparagraph 1
Amendment 967 #
Proposal for a regulation
Article 6 – paragraph 4 – subparagraph 1 a (new)
Article 6 – paragraph 4 – subparagraph 1 a (new)
The Commission shall ensure the necessary involvement of the sectors impacted by these requirements in the definition of the technical specifications, with particular attention to micro and small enterprises. To this end, the Commission sets up a Consultation Forum composed of representatives of the national authorities and the entire value chain, also through trade associations, guaranteeing an appropriate involvement of the micro and small business world.
Amendment 979 #
Proposal for a regulation
Article 6 – paragraph 5 – subparagraph 1
Article 6 – paragraph 5 – subparagraph 1
From 1 January 2030five years after entry into force of the standards referred to in paragraph 4, packaging shall not be considered recyclable if it corresponds to performance grade E under the design for recycling criteria established in the delegated actstandards adopted pursuant to paragraph 4 for the packaging category, to which the packaging belongs.
Amendment 1016 #
Proposal for a regulation
Article 6 – paragraph 6 – point d a (new)
Article 6 – paragraph 6 – point d a (new)
(da) foodservice packaging shall be exempt from these requirements, subject to further assessment under Article 13(a) (new) and Article 13(b).
Amendment 1025 #
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 in recyclability performance grades from A to E, as described in Table 3 of Annex IIthe delegated acts adopted under paragraph 3, based on the percentage of the packaging unit, in weight, which is recyclable according to paragraph 1;
Amendment 1043 #
Proposal for a regulation
Article 6 – paragraph 8 – subparagraph 4 a (new)
Article 6 – paragraph 8 – subparagraph 4 a (new)
Small components (i.e., <50 mm in two dimensions) represent a particular challenge to current packaging material recycling facility capabilities. By way of derogation from paragraphs 2 and 3, such small components may be placed on the market until the Delegated Act establishing the Design for Recycling criteria is adopted. The Design for Recycling criteria to be established under the Delegated Act as referred to in paragraph 4 shall consider the requirements for small components and be compatible with the state of the art collection, sorting and recycling processes.
Amendment 1051 #
Proposal for a regulation
Article 6 – paragraph 9 – subparagraph 2
Article 6 – paragraph 9 – subparagraph 2
Where use is made of this derogation, innovative packaging shall be accompanied by technical documentation, referred to in Annex VII, demonstrating its innovative nature and showing compliance with the definition in Article 3(347) of this Regulation.
Amendment 1059 #
Proposal for a regulation
Article 6 – paragraph 10 – introductory part
Article 6 – paragraph 10 – introductory part
10. Until 31 December 2034, tThis Article shall not apply to the following:
Amendment 1061 #
Proposal for a regulation
Article 6 – paragraph 10 – point b
Article 6 – paragraph 10 – point b
(b) contact sensitive plastic packaging of medical devices covered by Regulation (EU) 2017/745;
Amendment 1063 #
(c) contact sensitive plastic packaging of in vitro diagnostics medical devices covered by Regulation (EU) 2017/746.
Amendment 1069 #
Proposal for a regulation
Article 6 – paragraph 10 – point c a (new)
Article 6 – paragraph 10 – point c a (new)
(ca) outer packaging as defined in Article 1, point (24), of Directive 2001/83/EC and in Article 4, point (26), of Regulation (EU) 2019/6.
Amendment 1071 #
Proposal for a regulation
Article 6 – paragraph 10 – point c a (new)
Article 6 – paragraph 10 – point c a (new)
(ca) reusable packaging placed on the market prior to the date of application of this Regulation.
Amendment 1084 #
Proposal for a regulation
Article 6 – paragraph 11 a (new)
Article 6 – paragraph 11 a (new)
11a. Should the adoption of the delegated acts referred to in paragraphs 4 and 6 of this Article be delayed, a presumption of compliance with the points a) and e) of paragraph 2 shall apply to all packaging placed on the Union market until such delegated acts are adopted.
Amendment 1097 #
Proposal for a regulation
Article 7 – paragraph 1 – introductory part
Article 7 – paragraph 1 – introductory part
Amendment 1113 #
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 pre-consumer or post- consumer plastic waste, per unit of packaging:
Amendment 1121 #
Proposal for a regulation
Article 7 – paragraph 1 – point a
Article 7 – paragraph 1 – point a
(a) 30 % for contact sensitive plastic packaging made from polyethylene terephthalate (PET) as the major component;
Amendment 1130 #
Proposal for a regulation
Article 7 – paragraph 1 – point b
Article 7 – paragraph 1 – point b
(b) 10 % for contact sensitive plastic packaging made from plastic materials other than PET, except single use plastic beverage bottles;
Amendment 1145 #
Proposal for a regulation
Article 7 – paragraph 1 – subparagraph 1 (new)
Article 7 – paragraph 1 – subparagraph 1 (new)
Targets per material shall be calculated as a percentage of the total number of units placed by a producer on the internal market.
Amendment 1173 #
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 pre-consumer or post- consumer plastic waste, per unit of packaging:
Amendment 1178 #
Proposal for a regulation
Article 7 – paragraph 2 – point a
Article 7 – paragraph 2 – point a
Amendment 1188 #
Proposal for a regulation
Article 7 – paragraph 2 – subparagraph 1 (new)
Article 7 – paragraph 2 – subparagraph 1 (new)
Targets per material shall be calculated as a percentage of the total number of units placed by a producer on the internal market.
Amendment 1197 #
Proposal for a regulation
Article 7 – paragraph 3 – point b
Article 7 – paragraph 3 – point b
(b) contact sensitive plastic pPackaging of medical devices covered by Regulation (EU) 2017/745;
Amendment 1199 #
Proposal for a regulation
Article 7 – paragraph 3 – point c
Article 7 – paragraph 3 – point c
(c) contact sensitive plastic packaging of in vitro diagnostics medical devices covered by Regulation (EU) 2017/746;
Amendment 1203 #
Proposal for a regulation
Article 7 – paragraph 3 – point d a (new)
Article 7 – paragraph 3 – point d a (new)
(da) packaging in contact with food or cosmetics when necessary to comply with food safety and health regulations.
Amendment 1214 #
Proposal for a regulation
Article 7 – paragraph 4
Article 7 – paragraph 4
4. Paragraphs 1 and 2 shall not apply to compostable plastic packaging. Compostable packaging can be placed on the market providing the presence of a minimum content of renewable raw material determined as percentage of carbon of biological origin present in packaging compared to the total carbon present therein and using for this purpose the current European standard on the subject based on radiocarbon methods EN 16640. Agricultural biomass used for the manufacture of compostable packaging complies with the criteria laid down in Article 29, paragraphs 2 to 5, of Directive (EU) 2018/2001. Forest biomass used for the manufacture compostable packaging complies with the criteria laid down in Article 29, paragraphs 6 and 7 of that Directive.
Amendment 1217 #
Proposal for a regulation
Article 7 – paragraph 4
Article 7 – paragraph 4
4. Paragraphs 1 and 2 shall not apply to compostable plastic packaging nor to bio-based plastic packaging, to lacquers, inks, adhesives, cold seal, varnishes, primers, glues, coatings and all liquid process components used on packaging.
Amendment 1218 #
Proposal for a regulation
Article 7 – paragraph 4
Article 7 – paragraph 4
4. Paragraphs 1 and 2 shall not apply to compostable plastic packaging referred to Article 8 (1) as well as to inks, adhesives, varnishes and coatings used on packaging.
Amendment 1228 #
Proposal for a regulation
Article 7 – paragraph 4 a (new)
Article 7 – paragraph 4 a (new)
4a. Paragraphs 1 and 2 shall also not apply to certain polymeric materials that are not capable of functioning as a main structural component of final materials and products, such as polymeric coatings, seam sealants, sealing compounds, paints, inks and adhesives.
Amendment 1229 #
Proposal for a regulation
Article 7 – paragraph 4 a (new)
Article 7 – paragraph 4 a (new)
4a. By [OP: please insert the date = 12 months from the entry into force of this Regulation] compostable packaging shall contain a minimum content of renewable raw material of at least 60%.
Amendment 1233 #
Proposal for a regulation
Article 7 – paragraph 4 b (new)
Article 7 – paragraph 4 b (new)
4b. Paragraphs 1 and 2 shall not apply to innovative packaging as defined at article 3 para 37
Amendment 1235 #
Proposal for a regulation
Article 7 – paragraph 5
Article 7 – paragraph 5
5. CThe manufacturers of packaging materials shall demonstrate their product’s compliance with the requirements set out in paragraphs 1 and 3 shall be demonstrated in the technical information concerning the packaging referred to in Annex VII.
Amendment 1242 #
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 either recycled or biobased content used in the plastic packaging.
Amendment 1247 #
Proposal for a regulation
Article 7 – paragraph 7
Article 7 – paragraph 7
7. By 31 December 20265, 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. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 59(3). The methodology shall especially consider the restrictions and certification requirements needed for reporting on recycled content using physical segregation, controlled blending and mass balance chain of custody approaches in line with ISO 22095:2020.
Amendment 1266 #
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 unit 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 1278 #
Proposal for a regulation
Article 7 – paragraph 8
Article 7 – paragraph 8
8. As of 1 January 2029, the calculation and verification of the percentage of recycled content contained in plastic packaging under paragraph 1 shall comply with the rules laid down in the implementing act referred to in paragraph 7.
Amendment 1288 #
Proposal for a regulation
Article 7 – paragraph 9 – subparagraph 1
Article 7 – paragraph 9 – subparagraph 1
By 1 January 2028, the Commission shall assess the need for derogations from the minimum percentage laid down in paragraph 1, points b and d, for specific plastic packaging, or for the revision of the derogation established under paragraph 3 for specific plastic packaging.
Amendment 1310 #
Proposal for a regulation
Article 7 – paragraph 9 – subparagraph 2 – point a
Article 7 – paragraph 9 – subparagraph 2 – point a
(a) provide for derogations from the scope, timing or level of minimum percentage laid down in paragraph 1, points b and d, for specific plastic packaging, and, as appropriate,.
Amendment 1314 #
Proposal for a regulation
Article 7 – paragraph 9 – subparagraph 2 – point b
Article 7 – paragraph 9 – subparagraph 2 – point b
Amendment 1323 #
Proposal for a regulation
Article 7 – paragraph 10
Article 7 – paragraph 10
10. Where justified by the lack of availability or excessive prices of specific recycled plastics that may have adverse effects on human or animal health, security of food supply or the environment, making compliance with the minimum percentages of recycled content set out in paragraphs 1 and 2 excessively difficult, the Commission shall be empowey means of an urgency procedured to be adopt aed by delegated act in accordance with Article 58, be empowered to amend paragraphs 1 and 2 by adjusting the minimum percentages accordingly. In evaluating the justification of such adjustment, the Commission shall assess requests from natural or legal persons to be accompanied by relevant information and data on the market situation for this post-consumer plastic waste and best available evidence regarding the related risks to human or animal health, to the security of food supply or to the environment.
Amendment 1332 #
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 new bio-based waste 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 waste 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 waste 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 waste 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 waste feedstocks to be eligible to contribute towards the targets.
Amendment 1337 #
Proposal for a regulation
Article 7 a (new)
Article 7 a (new)
Article7a Bio-based content in packaging 1. Without prejudice to Article 7, from 1 January 2030 the use of bio-based packaging shall contribute towards GHG reduction and the 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 bio-based content used in the packaging. 2. Compliance with the requirements in paragraph 1 shall be shown in the technical information concerning the packaging. 3. By 31 December 2026, the Commission shall adopt an implementing act in accordance with Article 58 to establish the methodology for calculation and verification of the bio-based content. 4. The delegated act in paragraph 3 shall take into account a methodology that credits the biogenic content of the feedstock following international and European standards. 5 Starting with the 1 January 2030, the calculation and verification of the bio- based content contained in packaging shall comply with the rules laid down in the implementing act as referred to in paragraph 3. 6 Where by January 1 2027 a delegated act under paragraph 3 has not been adopted, a packaging which presents the features shall be considered containing the bio-based content. 7. Bio-based packaging produced from biomass, shall be made from raw material complying with Article 29, paragraphs 2 to 5, of Directive (EU) 2018/2001.
Amendment 1340 #
Proposal for a regulation
Article 8 – title
Article 8 – title
Compostable plastic packaging
Amendment 1353 #
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 shall be compostable in industrially controlled conditions in bio-waste treatment facilities.
Amendment 1356 #
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 1365 #
Proposal for a regulation
Article 8 – paragraph 2
Article 8 – paragraph 2
2. WherMember States which have transposed art. 22 of Directive 2008/98 and have appropriate waste collection schemes and waste treatment infrastructure are available to ensure that packaging referred to in paragraph 1 enters the organic waste management stream, Member States are empowered to require that lightweight plastic carrier bags shall be made availcompostable oin their market for the first time only if it can be demindustrially constrated that those lightweight plastic carrier bags have been entirely manufactured from biodegradable plastic polymers, which are compostable in industrially controlled conditionsolled conditions. The same provision shall apply to compostable packaging formats mentioned in Annex V, nn. 1, 2, 3 and 4.
Amendment 1384 #
Proposal for a regulation
Article 8 – paragraph 5
Article 8 – paragraph 5
5. TAfter an assessment of the Expert Group, the Commission shall be empowered to adopt delegated acts in accordance with Article 58 to amend paragraphs 1 and 2 of this Article by addingdd other types of packaging to the types of packaging covered by those paragraphs 1 and 2 of this Article when it is justified and appropriate due to technological and regulatory developments impacting the disposal of compostable packaging and under the conditions set out in Annex III. A public register containing the lists of such applications should be established and updated by the Commission.
Amendment 1391 #
Proposal for a regulation
Article 8 – paragraph 5 a (new)
Article 8 – paragraph 5 a (new)
5a. 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 collected and managed by dedicated extended producer responsibility scheme
Amendment 1406 #
Proposal for a regulation
Article 9 – paragraph 1
Article 9 – paragraph 1
1. By 1 January 2030, Packaging shall be designed so that its weight and volume is reduced to the minimum necessary for ensuring its functionality taking account of the material that the packaging is made of.s, as listed in the definition of packaging in Article 3(1), for a given material and a given shape
Amendment 1411 #
Proposal for a regulation
Article 9 – paragraph 1 a (new)
Article 9 – paragraph 1 a (new)
1a. Proper packaging size and volume dimensions shall be set by the EU standardisation bodies, by request of the Commission.
Amendment 1431 #
Proposal for a regulation
Article 9 – paragraph 3 – subparagraph 1 – introductory part
Article 9 – paragraph 3 – subparagraph 1 – introductory part
By 1 January 2030, Empty space shall be reduced to the minimum necessary for ensuring the packaging functionality as follows:
Amendment 1433 #
Proposal for a regulation
Article 9 – paragraph 3 – subparagraph 1 – point a
Article 9 – paragraph 3 – subparagraph 1 – point a
(a) for sales packaging, in relation to the total volume of the packaged product and its characteristics In relation to sales packaging for products that settle during transport, compliance with paragraph 3(a) shall be assessed as the pack-fill ratio at the filling stage and shall take into account industry guidance where relevant. Tolerance shall be granted for different machines’ capabilities;
Amendment 1439 #
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, unless required to protect and to transport the goods.
Amendment 1446 #
Proposal for a regulation
Article 9 – paragraph 4 – subparagraph 1 – point b
Article 9 – paragraph 4 – subparagraph 1 – point b
(b) the identification of the design requirements, including those related to intellectual property rights , which prevent further reduction of the packaging weight or volume, for each of these performance criteria;
Amendment 1464 #
Proposal for a regulation
Article 10 – paragraph 1 – point b
Article 10 – paragraph 1 – point b
Amendment 1497 #
Proposal for a regulation
Article 11 – paragraph 1 – subparagraph 1
Article 11 – paragraph 1 – subparagraph 1
Amendment 1528 #
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 Regul36 months after the adoption of the implementing act referred to in paragraph 5, information], on packaging shall bearreusability shall bear be marked on a label on packaging reusability and, or shall be available through 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 1534 #
Proposal for a regulation
Article 11 – paragraph 3
Article 11 – paragraph 3
3. Where a unit ofplastic packaging covered by Article 7 is marked with a label containing information on the share of recycled content from post-consumer plastic waste, that label shall comply with the specifications laid down in the relevant implementing act adopted pursuant to Article 11(5) and shall be based on the methodology pursuant to Article 7(7). Where a unit of plastic packaging is marked with a label containing information on the share of biobased plastic content, that label shall comply with the specifications laid down in the relevant implementing act adopted pursuant to Article 11(5).
Amendment 1542 #
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, information should be conveyed to consumers via digital means of communication (e.g. website, QR code) or they shall be affixed to the grouped packaging.
Amendment 1551 #
Proposal for a regulation
Article 11 – paragraph 4 – subparagraph 2
Article 11 – paragraph 4 – subparagraph 2
Where Union legislation requires information on the packaged product to be provided via a data carrier, a single data carrier shall be used for providing the information required for both the packaged product and the packaging. From [Please insert the date = 24 months after the entry into force of this Regulation] the Commission shall adopt guidance regarding provision of information by digital means.
Amendment 1554 #
Proposal for a regulation
Article 11 – paragraph 4 a (new)
Article 11 – paragraph 4 a (new)
4a. By way of derogation from paragraph 4, the information referred to in paragraph 1 to 3 may be provided by electronic means identified on the package or on a label attached thereto.In such cases, the following requirements apply: (a) no user data shall be collected or tracked; (b) the information shall not be displayed with other information intended for sales or marketing purposes.
Amendment 1556 #
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 or the digital provision of information related to 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 1564 #
Proposal for a regulation
Article 11 – paragraph 6
Article 11 – paragraph 6
6. By [OP: Please insert the date = 124 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 1567 #
Proposal for a regulation
Article 11 – paragraph 7
Article 11 – paragraph 7
7. Without prejudice to requirements concerning other harmonised EU labels, economic operators shall not provide or 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 [OP: Please insert 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 1575 #
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) mayshall be identified by means of a corresponding symbol throughout the territory in which that scheme or system applies. That symbol shall be clear and unambiguous and shall not mislead consumers or users as to the recyclability or reusability of the packagingharmonised symbol to be estabilished via an implementing act by the Commission in accordance with the examination procedure referred to in Article 59(3).
Amendment 1582 #
Proposal for a regulation
Article 11 – paragraph 8 a (new)
Article 11 – paragraph 8 a (new)
8a. All labelling requirements under this Article should not lead to disproportionate bureaucratic and economic burdens, especially for micro and SMEs.
Amendment 1584 #
Proposal for a regulation
Article 11 – paragraph 8 b (new)
Article 11 – paragraph 8 b (new)
8b. Packaging referred to in paragraphs 1, 2 and 3, manufactured or imported before these deadlines, may be marketed until the stocks of the products are exhausted.
Amendment 1586 #
Proposal for a regulation
Article 11 – paragraph 8 c (new)
Article 11 – paragraph 8 c (new)
Amendment 1591 #
Proposal for a regulation
Article 12 – paragraph 1
Article 12 – paragraph 1
By 1 January 2028, labels that enable the separate collection of each material specific fraction of packaging waste that is intended to be discarded in separate receptacles shall when relevant, be affixed, printed or engraved visibly, legibly and indelibly on all waste receptacles for collection of packaging waste.
Amendment 1597 #
Proposal for a regulation
Article 13 – paragraph 1 – point b
Article 13 – paragraph 1 – point b
(b) it is labellmarked in accordance with the applicable requirements set out in Article 11.
Amendment 1600 #
Proposal for a regulation
Article 13 – paragraph 2 – subparagraph 1
Article 13 – paragraph 2 – subparagraph 1
Before placing packaging on the market, manufacturers shall carry out the relevant conformity assessment procedure referred to in Article 33, or have it carried out on their behalf, and draw up the technical documentation referred to in Annex VII.
Amendment 1602 #
Proposal for a regulation
Article 13 – paragraph 2 – subparagraph 2
Article 13 – paragraph 2 – subparagraph 2
Amendment 1603 #
Proposal for a regulation
Article 13 – paragraph 3
Article 13 – paragraph 3
3. Manufacturers shall keep the technical documentation referred to in Annex VII and the EU declaration of conformity for 103 years after the packaging has been placed on the market.
Amendment 1606 #
Proposal for a regulation
Article 13 – paragraph 5
Article 13 – paragraph 5
Amendment 1608 #
Proposal for a regulation
Article 13 – paragraph 6
Article 13 – paragraph 6
Amendment 1610 #
Proposal for a regulation
Article 13 – paragraph 6 a (new)
Article 13 – paragraph 6 a (new)
6a. For the purpose of this Regulation, for medicinal products as defined in Article 1, point (2), of Directive 2001/83/EC, the information provided shall be of the marketing authorisation holder, as provided by Article 6.1a of Directive 2001/83/EC.
Amendment 1620 #
Proposal for a regulation
Article 13 – paragraph 9 a (new)
Article 13 – paragraph 9 a (new)
9a. Paragraphs 1 to 6 do not apply to custom made transport packaging for configurable devices and systems designed to be used in industrial and healthcare settings
Amendment 1626 #
Proposal for a regulation
Article 15 – paragraph 2 – point a
Article 15 – paragraph 2 – point a
(a) keep the EU declaration of conformity and the technical documentation at the disposal of the national market surveillance authorities for 103 years after the packaging has been placed on the market;
Amendment 1629 #
Proposal for a regulation
Article 16 – paragraph 3
Article 16 – paragraph 3
Amendment 1633 #
Proposal for a regulation
Article 16 – paragraph 8
Article 16 – paragraph 8
8. Importers shall, for 103 years after the packaging has been placed on the market, keep a copy of the EU declaration of conformity at the disposal of the market surveillance authorities and ensure that the technical documentation referred to in Annex VII and required under Articles 5 to 10 can be made available to those authorities, upon request.
Amendment 1637 #
Proposal for a regulation
Article 16 – paragraph 10 a (new)
Article 16 – paragraph 10 a (new)
10a. To fulfil the obligations under this article, Member States shall provide support tools for non-professional importers, especially micro and SME importers.
Amendment 1642 #
Proposal for a regulation
Article 17 – paragraph 2 – point c
Article 17 – paragraph 2 – point c
(c) the manufacturer and the importer have complied with the requirements set out in Article 13(5) and (6) and Article 16(3) respectively.
Amendment 1648 #
Proposal for a regulation
Article 17 – paragraph 3 – subparagraph 1
Article 17 – paragraph 3 – subparagraph 1
Amendment 1651 #
Proposal for a regulation
Article 17 – paragraph 4 – subparagraph 1
Article 17 – paragraph 4 – subparagraph 1
Amendment 1657 #
Proposal for a regulation
Article 20 – paragraph 2
Article 20 – paragraph 2
2. Economic operators shall be able to provide the information referred to in paragraph 1 for 103 years after they have been supplied with the packaging and for 103 years after they have supplied the packaging.
Amendment 1658 #
Proposal for a regulation
Article 21 – paragraph 1
Article 21 – paragraph 1
1. Economic operators who supply products to a final distributor or an end user in grouped packaging, transport packaging or e-commerce packaging, shall ensure that the empty space ratio is maximum 40 %based on the following criteria: a. the package boxe is desiged to fit the size of biggest product; b. all the elements of buffer packaging are recyclible;and c. due consideration is necessary in respect of sales of packaging with functional or ergonomic adaptations that result in non-regular or asymmetrical shapes that would otherwise impact the derived empty space rations. Ratios based on external blocked ("cuboid") dimensions of sales packaging are appropriate in such cases and require explicit documentation in any conformity assessment.
Amendment 1667 #
Proposal for a regulation
Article 21 – paragraph 1
Article 21 – paragraph 1
1. Economic operators who supply products to a final distributor or an end user in grouped packaging, transport packaging or e-commerce packaging, shall ensure that the empty space ratio is maximum 40 %inimised subject to the provisions within Part 1 and Part 2 of Annex IV.
Amendment 1673 #
Proposal for a regulation
Article 21 – paragraph 2
Article 21 – paragraph 2
Amendment 1685 #
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, unless required to protectand to transports the goods.
Amendment 1694 #
Proposal for a regulation
Article 22
Article 22
Amendment 1718 #
Proposal for a regulation
Article 22 – paragraph 2
Article 22 – paragraph 2
Amendment 1729 #
Proposal for a regulation
Article 22 – paragraph 3
Article 22 – paragraph 3
Amendment 1757 #
Proposal for a regulation
Article 23 – paragraph 1
Article 23 – paragraph 1
1. Economic operators who place reusable packaging on the market shallmay ensure that a system for re-use of such packaging is in place, which meets the requirements laid down in Article 24 and Annex VI. This provision can be considered fulfilled by existing EPR systems for recycling already in place in the Member States.
Amendment 1763 #
Proposal for a regulation
Article 24 – paragraph 1
Article 24 – paragraph 1
1. Economic operators making use of reusable packaging shallmay participate in one or more systems for re-use and shall ensure that the systems for re-use, which the reusable packaging is part of, comply with the requirements laid down in Part A of Annex VI. This provision can be considered fulfilled by existing EPR systems for recycling already in place in the Member States.
Amendment 1777 #
Proposal for a regulation
Article 25 – paragraph 4
Article 25 – paragraph 4
4. Economic operators may refuse to refill a container provided by the end user, if the end user does not abide with the requirements communicated by the economic operator in accordance with paragraph 1, or if they deem it unhygienic or unsuitable for the food or drink being sold.
Amendment 1790 #
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 2 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 % % of those products are made available in reusable transport packaging, excluding cardboard, within a system for re-use.
Amendment 1805 #
Proposal for a regulation
Article 26 – paragraph 2
Article 26 – paragraph 2
Amendment 1814 #
Proposal for a regulation
Article 26 – paragraph 2 – point a
Article 26 – paragraph 2 – point a
(a) from 1 January 20303, 20 15% of those beverages are made available in reusable packaging within a system for re-use or by enabling refill;
Amendment 1822 #
(b) from 1 January 20405, 8065 % of those beverages are made available in reusable packaging within a system for re-use or by enabling refill.
Amendment 1831 #
Proposal for a regulation
Article 26 – paragraph 3
Article 26 – paragraph 3
Amendment 1846 #
Proposal for a regulation
Article 26 – paragraph 3 – point a
Article 26 – paragraph 3 – point a
(a) from 1 January 20303, 10 % of those products are made available in reusable packaging within a system for re-use or by enabling refill;
Amendment 1854 #
Proposal for a regulation
Article 26 – paragraph 3 – point b
Article 26 – paragraph 3 – point b
(b) from 1 January 20405, 430 % of those products are made available in reusable packaging within a system for re-use or by enabling refill.
Amendment 1877 #
Proposal for a regulation
Article 26 – paragraph 4 – point a
Article 26 – paragraph 4 – point a
(a) from 1 January 20303, 10 % of those products are made available in reusable packaging within a system for re-use or by enabling refill;
Amendment 1881 #
Proposal for a regulation
Article 26 – paragraph 4 – point b
Article 26 – paragraph 4 – point b
(b) from 1 January 20405, 250 % of those products are made available in reusable packaging within a system for re-use or by enabling refill.
Amendment 1901 #
Proposal for a regulation
Article 26 – paragraph 5 – point a
Article 26 – paragraph 5 – point a
(a) from 1 January 20303, 5 % of those products are made available in reusable packaging within a system for re-use or by enabling refill;
Amendment 1905 #
Proposal for a regulation
Article 26 – paragraph 5 – point b
Article 26 – paragraph 5 – point b
(b) from 1 January 20405, 15 % of those products are made available in reusable packaging within a system for re-use or by enabling refill.
Amendment 1925 #
Proposal for a regulation
Article 26 – paragraph 6 – point a
Article 26 – paragraph 6 – point a
(a) from 1 January 20303, 10 % of those products are made available in reusable packaging within a system for re-use or by enabling refill;
Amendment 1929 #
Proposal for a regulation
Article 26 – paragraph 6 – point b
Article 26 – paragraph 6 – point b
(b) from 1 January 20405, 25 % of those products are made available in reusable packaging within a system for re-use or by enabling refill.
Amendment 1934 #
Proposal for a regulation
Article 26 – paragraph 6 a (new)
Article 26 – paragraph 6 a (new)
6a. Products following under the scope of infant formula and follow-on formula products, processed cereal-based food and baby food, and food for special medical purposes as defined in Article 1, point (a), (b) and (c) of Regulation (EU) 609/2013 shall be exempted from the targets foreseen in paragraph 6 of this Article.
Amendment 1948 #
Proposal for a regulation
Article 26 – paragraph 7 – point a
Article 26 – paragraph 7 – point a
(a) from 1 January 20303, 30 % of such packaging used is reusable packaging within a system for re-use;
Amendment 1955 #
Proposal for a regulation
Article 26 – paragraph 7 – point b
Article 26 – paragraph 7 – point b
(b) from 1 January 20405, 980 % of such packaging used is reusable packaging within a system for re-use.
Amendment 1963 #
Proposal for a regulation
Article 26 – paragraph 8 – point a
Article 26 – paragraph 8 – point a
(a) from 1 January 20303, 10 % of such packaging used is reusable packaging within a system for re-use;
Amendment 1976 #
Proposal for a regulation
Article 26 – paragraph 8 – point b
Article 26 – paragraph 8 – point b
(b) from 1 January 20405, 50 % of such packaging used is reusable packaging within a system for re-use;
Amendment 1979 #
Proposal for a regulation
Article 26 – paragraph 8 a (new)
Article 26 – paragraph 8 a (new)
8a. Paragraph 8 shall not apply in case reuse of e-commerce transport packaging can lead to damage of products or risk of contamination. By way of derogation from the requirement in Article 21, paragraph 1, such reusable packaging shall be exempted from the empty space ratio requirement until 31 December 2035.
Amendment 1987 #
Proposal for a regulation
Article 26 – paragraph 9 – point a
Article 26 – paragraph 9 – point a
(a) from 1 January 20305, 10 % of such packaging used is reusable packaging within a system for re-use;
Amendment 2001 #
Proposal for a regulation
Article 26 – paragraph 9 – point b
Article 26 – paragraph 9 – point b
(b) from 1 January 20405, 30 % of such packaging used for transport is reusable packaging within a system for re-use;
Amendment 2017 #
Proposal for a regulation
Article 26 – paragraph 10 – point a
Article 26 – paragraph 10 – point a
(a) from 1 January 20303, 10 % of such packaging used is reusable packaging within a system for re-use;
Amendment 2025 #
Proposal for a regulation
Article 26 – paragraph 10 – point b
Article 26 – paragraph 10 – point b
(b) from 1 January 20405, 25 % of such packaging they used is reusable packaging within a system for re-use.
Amendment 2031 #
Proposal for a regulation
Article 26 – paragraph 12 – subparagraph 1 – introductory part
Article 26 – paragraph 12 – subparagraph 1 – introductory part
Amendment 2033 #
Proposal for a regulation
Article 26 – paragraph 12 – subparagraph 1 – introductory part
Article 26 – paragraph 12 – subparagraph 1 – introductory part
From 1 January 2030, Transport packaging used by an economic operator shall be reusable where it is used for transporting products:
Amendment 2039 #
Proposal for a regulation
Article 26 – paragraph 12 – subparagraph 1 – point b
Article 26 – paragraph 12 – subparagraph 1 – point b
(b) between any of the sites on which the operator performs its activity and the sites of any other linked enterprise or partner enterprise, as defined in Article 3 of the Annex to Commission Recommendation 2003/361, as applicable on [OP: Please insert the date = the date of entry into force of this Regulation].
Amendment 2048 #
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, including flexible formats.
Amendment 2054 #
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, including flexible formats.
Amendment 2063 #
Proposal for a regulation
Article 26 – paragraph 13 – subparagraph 1
Article 26 – paragraph 13 – subparagraph 1
Amendment 2064 #
Proposal for a regulation
Article 26 – paragraph 13 – subparagraph 1
Article 26 – paragraph 13 – subparagraph 1
24 months after the entry into force of this Regulation 95% of the Economic operators delivering products to another economic operator within the same Member State shall use only reusable transport packaging for the purpose of the transportation of such products. This obligation applies to pallets, boxes, plastic crates, intermediate bulk containers, and drums, of all sizes and materials, excluding cardboard, including flexible formats.
Amendment 2066 #
Proposal for a regulation
Article 26 – paragraph 13 – subparagraph 1
Article 26 – paragraph 13 – subparagraph 1
From 1 January 2030, Economic operators delivering products to another economic operator within the same Member State shall use only reusable transport packaging for the purpose of the transportation of such products.
Amendment 2083 #
Proposal for a regulation
Article 26 – paragraph 13 – subparagraph 2
Article 26 – paragraph 13 – subparagraph 2
This obligation applies to pallets, boxes, excluding cardboard, and plastic crates intermediate bulk containers, and drums, of all sizes and materials, including flexible formats.
Amendment 2095 #
Proposal for a regulation
Article 26 – paragraph 14 – point a
Article 26 – paragraph 14 – point a
(a) placed not more than 1000 kg of50 000 packaging units per reference per year on the market; or
Amendment 2099 #
Proposal for a regulation
Article 26 – paragraph 14 – point b
Article 26 – paragraph 14 – point b
(b) complied with the definition of small and micro-company in accordance with rules set out in the Commission Recommendation 2003/361, as applicable on [OP: Please insert the date = the date of entry into force of this Regulation].
Amendment 2105 #
Proposal for a regulation
Article 26 – paragraph 15
Article 26 – paragraph 15
15. Economic operators shall be exempted from the obligation to meet the targets in paragraphs 2 to 6 if, during a calendar year, they have a sales area of not more than 100 m2, including also all storage and dispatch areas and if it is not technically feasible to use reusable packaging or to obtain access to the infrastructure necessary for the functioning of a re-use system. .
Amendment 2118 #
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 2123 #
Proposal for a regulation
Article 26 – paragraph 15 b (new)
Article 26 – paragraph 15 b (new)
15b. Economic operators shall be exempted from the obligation to meet the targets in this article if, in accordance with paragraph 2 of Article 4 of Directive 2008/98/EC, they can show that alternative packaging formats deliver a better overall environmental outcome justified by life-cycle thinking, as well as a better overall economic and human health impact.
Amendment 2129 #
Proposal for a regulation
Article 26 – paragraph 15 c (new)
Article 26 – paragraph 15 c (new)
15c. Packaging not covered by the definition of reusable packaging in Article 10 of this Regulation and considered as highly recyclable packaging is exempt from the calculation of re-use and refill targets set out in this Article.
Amendment 2131 #
Proposal for a regulation
Article 26 – paragraph 16 – point a
Article 26 – paragraph 16 – point a
Amendment 2142 #
Proposal for a regulation
Article 26 – paragraph 16 – point c
Article 26 – paragraph 16 – point c
Amendment 2153 #
16a. When justified by cases of hygiene, food safety or environmental issues, economic operators shall be allowed to derogate from the targets laid down in paragraphs 2 to 6 of this Article.
Amendment 2159 #
Proposal for a regulation
Article 26 – paragraph 17 a (new)
Article 26 – paragraph 17 a (new)
17a. Economic operators shall be exempted from the obligation to meet the targets laid down in this article provided that the packaging material used, as defined in Annex II: (a) reaches a minimum recycling rate of 85% at EU level by 2030, of 90% by 2040, and (c) is recycled at scale, according to Article 6.
Amendment 2163 #
Proposal for a regulation
Article 27
Article 27
Amendment 2218 #
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, byfor packaging materials where data shows that packaging waste have consistently increased and are not highly recyclable.
Amendment 2219 #
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 2018the year of entry into force as reported to the Commission in accordance with Decision 2005/270/EC, for each of the specific materials contained in packaging waste listed in article 46 by
Amendment 2221 #
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, that is not recovered according to paragraph 15 of article 3 of Directive 2008/98/EC, by
Amendment 2222 #
Proposal for a regulation
Article 38 – paragraph 1 – point a
Article 38 – paragraph 1 – point a
Amendment 2231 #
Proposal for a regulation
Article 38 – paragraph 1 – point b
Article 38 – paragraph 1 – point b
Amendment 2240 #
Proposal for a regulation
Article 38 – paragraph 1 – point c
Article 38 – paragraph 1 – point c
(c) 15 % by 2040.
Amendment 2250 #
Proposal for a regulation
Article 38 – paragraph 2 a (new)
Article 38 – paragraph 2 a (new)
2a. The Commission should present a report to assess if the elements included in this Regulation have met its objectives before setting new waste prevention targets for Member States.
Amendment 2270 #
Proposal for a regulation
Article 39 – paragraph 2
Article 39 – paragraph 2
2. Producers shall be obliged to register in the register referred to in paragraph 1. They shall, to that end, submit an application for registration in each Member State where they make packaging available on the market for the first timethe home country. Where a producer has appointed a producer responsibility organisation as referred to in Article 41(1), the obligations set out in this Article shall be met by that organisation, unless otherwise specified by the Member State in which the register is established.
Amendment 2303 #
Proposal for a regulation
Article 43 – paragraph 1
Article 43 – paragraph 1
1. By 1 January 2029, Member States shall ensure that systems are set up to provide for the return and separate collection of 90 % of all packaging waste from the end users for each packaging format listed in Table 1 of Annex II in a given year, in order to ensure that it is treated in accordance with Articles 4 and 13 of Directive 2008/98/EC, and to facilitate its preparation for re-use and high quality recycling.
Amendment 2304 #
Proposal for a regulation
Article 43 – paragraph 1
Article 43 – paragraph 1
1. By 1 January 2030, Member States shall ensure that systems are set up to provide for the return and the separate collection of 90% of all packaging waste from the end users of each packaging format listed in Table 1 Annex II, in a given year, in order to ensure that it is treated in accordance with Articles 4 and 13 of Directive 2008/98/EC, and to facilitate its preparation for re-use and high quality recycling.
Amendment 2350 #
Proposal for a regulation
Article 43 – paragraph 1
Article 43 – paragraph 1
Amendment 2351 #
Proposal for a regulation
Article 43 – paragraph 1
Article 43 – paragraph 1
1. By 1 January 2030, Member States shall ensure that systems are set up to provide for the return and the separate collection of 90% of all packaging waste from the end users of each packaging format listed in Table 1 Annex II, in a given year, in order to ensure that it is treated in accordance with Articles 4 and 13 of Directive 2008/98/EC, and to facilitate its preparation for re-use and high quality recycling.
Amendment 2684 #
Proposal for a regulation
Annex II – Table 1 – row 11 a (new)
Annex II – Table 1 – row 11 a (new)
Bottles and (11a) Plastic PET - rigid flasks Opaque white
Amendment 2690 #
Proposal for a regulation
Annex II – Table 1 – row 27 a (new)
Annex II – Table 1 – row 27 a (new)
Bio-based (non- Films, rigids or (27 a) Plastic drop in other polymers) - innovative flexible or rigid packaging
Amendment 2691 #
Proposal for a regulation
Annex II – Table 1 – row 27 b (new)
Annex II – Table 1 – row 27 b (new)
Compostable packaging (27 b) Plastic made of biodegradable polymers
Amendment 2713 #
Proposal for a regulation
Annex V
Annex V
Amendment 2741 #
Proposal for a regulation
Annex XII – Table 4 – new row
Annex XII – Table 4 – new row
Total Quantity recycled Quantity recovered tonnage Packaging recovered and Tonnage Percentage Tonnage Percentage disposed of Plastic, compostables