46 Amendments of César LUENA related to 2022/0396(COD)
Amendment 293 #
Proposal for a regulation
Recital 20
Recital 20
(20) Designing packaging with the objective of its recycling, once it becomes packaging waste, is one the most efficient measures to improve the packaging circularity and raise packaging recycling rates and the use of recycled content in packaging. Packaging design for recycling criteria have been established for a number of packaging formats under voluntary industry schemes or by some Member States for the purpose of the modulation of extended producer responsibility fees. In order to prevent barriers to the internal market and provide industry with a level playing field, and with the objective to promote the sustainability of packaging whilst facilitating market and consumers 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 307 #
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 394 #
Proposal for a regulation
Recital 40
Recital 40
(40) Packaging should be designed so as to minimise its volume and weight while maintaining its ability to perform the packaging functions. The manufacturer of packaging should assess the packaging against the performance criteria, as listed in Annex IV of this Regulation. In view of the objective of this Regulation to reduce packaging and packaging waste generation and to improve circularity of packaging across the internal market, it is appropriate to further specify the existing criteria and to make them more stringent. The list of the packaging performance criteria, as listed in the existing harmonised standard EN 13428:200057, should therefore be modified. While marketing and consumer acceptance remain relevant for packaging design and presentation, they should not be part of performance criteria justifying on their own additional packaging weight and volume. However, this should not compromise product specifications for craft and industrial products and food and agricultural products that are registered and protected under the EU geographical indication protection scheme, as part of the Union’s objective to protect cultural heritage and traditional know-how. On the other hand, recyclability, the use of recycled content, and re-use may justify additional packaging weight or volume, and should be added to the performance criteria. Packaging with double walls, false bottoms and other characteristics only aimed to increase the perceived product volume should not be placed on the market, as it does not meet the requirement for packaging minimisation. The same rule should apply to superfluous packaging not necessary for ensuring packaging functionality. _________________ 57 Packaging – Requirements specific to manufacturing and composition – Prevention by source reduction.
Amendment 571 #
Proposal for a regulation
Recital 141 a (new)
Recital 141 a (new)
(141a) For clarity purposes, the nomenclature codes referred to food categories mentioned in Article 26 and Article 44 are taken from the Combined Nomenclature as defined in Article 1(2) of Council Regulation (EEC) No 2658/871 and as set out in Annex I thereto, which are valid at the time of publication of this Regulation and mutatis mutandis as amended by subsequent legislation.
Amendment 624 #
Proposal for a regulation
Article 3 – paragraph 1 – point 4
Article 3 – paragraph 1 – point 4
(4) ‘transport packaging’ means packaging conceived so as to facilitate handling and transport of any number of sales units or grouped packages, including e- commerce packaging but excluding road, rail, ship and air containers, in order to prevent physical handling and transport damage;
Amendment 915 #
Proposal for a regulation
Article 6 – paragraph 2 – subparagraph 2
Article 6 – paragraph 2 – subparagraph 2
Point (a) shall apply from 1 January 2030 and point (e) shall apply from 1 January 20353.
Amendment 937 #
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 acts adopted pursuant to paragraph 4 and, from 1 January 20353, also with the recyclability at scale requirements laid down in the delegated acts adopted pursuant to paragraph 6. Where such packaging complies with those delegated acts, it shall be considered to comply with paragraph 2, points (a) and (e).
Amendment 954 #
Proposal for a regulation
Article 6 – paragraph 4 – subparagraph 1
Article 6 – paragraph 4 – subparagraph 1
The Commission is empowered to adopt delegated acts in accordance with Article 58 and in close cooperation with stakeholders to supplement this Regulation in order to establish design for recycling criteria and recycling performance grades based on the criteria and parameters listed in Table 2 of Annex II for packaging categories listed in Table 1 of that Annex, as well as rules concerning the modulation of financial contributions to be paid by producers to comply with their extended producer responsibility obligations set out in Article 40(1), based on the packaging recycling performance grade, and for plastic packaging, the percentage of recycled content. Design-for-recycling criteria shall consider state of the art collection, sorting and recycling processes as well as market and consumer acceptance criteria and shall cover all packaging components.
Amendment 1014 #
Proposal for a regulation
Article 6 – paragraph 6 – point d a (new)
Article 6 – paragraph 6 – point d a (new)
(da) specific provisions should be approved for inert packaging placed on the market in very small quantities (i.e., approximately 0,1 % by weight) in the Union.
Amendment 1090 #
Proposal for a regulation
Article 7 – paragraph 1 – introductory part
Article 7 – paragraph 1 – introductory part
1. From 1 January 2030, the plastic part in packaging shall contain the following minimum percentage of recycled content recovered from post-consumer plastic waste,Two years after the adoption of the implementing act laying down the methodology for the calculation and verification of the percentage of recycled content recovered from post-consumer plastic waste pursuant to paragraph 7 of Article 7, the following minimum percentage of the latter shall be ensured per unit of packaging:
Amendment 1142 #
Proposal for a regulation
Article 7 – paragraph 1 – point d
Article 7 – paragraph 1 – point d
(d) 35 % for plastic packaging other than those referred to in points (a), (b) and (c).
Amendment 1226 #
Proposal for a regulation
Article 7 – paragraph 4
Article 7 – paragraph 4
4. Paragraphs 1 and 2 shall not apply to compostable plastic packaging and to innovative packaging pursuant to paragraph 9 of Article 6.
Amendment 1253 #
Proposal for a regulation
Article 7 – paragraph 7
Article 7 – paragraph 7
7. By 31 December 2026Within 12 months from the date of entry into force of this Regulation, the Commission is empowered to adopt implementing acts establishing the methodology for the calculation and verification of the percentage of recycled content recovered from post-consumer plastic waste, including chemical recyling, 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 1284 #
Proposal for a regulation
Article 7 – paragraph 9 – subparagraph 1
Article 7 – paragraph 9 – subparagraph 1
By 1 January 20286, the Commission shall assess the need for derogations from the minimum percentage laid down in paragraph 1, points b and d, and in paragraph 2 for specific plastic packaging, or for the revision of the derogation established under paragraph 3 for specific plastic packaging. The assessment shall consider market availability and prices of recycled plastics as well as the uptake of new recycling technologies and their impact on available market volumes.
Amendment 1308 #
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, and in paragraph 2 for specific plastic packaging, and, as appropriate,
Amendment 1320 #
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, or by legally approved recycling methodologies and the lack of avilability of sufficient collection, and sorting infrastructure as defined in Article 44, making compliance with the minimum percentages of recycled content set out in paragraphs 1 and 2 excessively difficult, the Commission shall be empowered to adopt a delegated act in accordance with Article 58 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 1352 #
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) made of plastic, 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 1405 #
Proposal for a regulation
Article 9 – paragraph 1
Article 9 – paragraph 1
1. Packaging shall be designed so that its weight and volume is reduced to the minimum necessary for ensuring its functionalitys, as listed in the definition of packaging in Article 3(1), taking account of the material that the packaging is made of.
Amendment 1420 #
Proposal for a regulation
Article 9 – paragraph 2
Article 9 – paragraph 2
2. Packaging not necessary to comply with any of the performance criteria set out in Annex IV and packaging with characteristics that are only aimed to increase the perceived volume of the product, including double walls, false bottoms, and unnecessary layers, shall not be placed on the market, unless the packaging design and/or packaged products is subject to geographical indications of origin protected under Union legislation.
Amendment 1434 #
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. A special consideration could be granted for those goods that, due to their fragility, require protection during transport.
Amendment 1471 #
Proposal for a regulation
Article 10 – paragraph 1 – point d
Article 10 – paragraph 1 – point d
(d) it is capable of being emptied, unloaded, refilled or reloaded or re-used as tableware or kitchenware while ensuring compliance with the applicable safety and hygiene requirements;
Amendment 1474 #
Proposal for a regulation
Article 10 – paragraph 1 – point e
Article 10 – paragraph 1 – point e
(e) it is capable of being reconditioned in accordance with Part B of Annex VI, whilst maintaining its ability to perform its intended function; or, in case it is originally designed to be reused as tableware or kitchenware, it is proven by design characteristics such as washability, repairability, durability without losing product functionality, economic benefit for the consumer, and general consumer perception.
Amendment 1478 #
Proposal for a regulation
Article 10 – paragraph 1 – point f
Article 10 – paragraph 1 – point f
(f) it can be emptied, unloaded, refilled or reloaded or re-used as tableware or kitchenware while maintaining the quality and safety of the packaged product and allowing for the attachment of labelling, and the provision of information on the properties of that product and on the packaging itself, including any relevant instructions and information for ensuring safety, adequate use, traceability and shelf- life of the product;
Amendment 1481 #
Proposal for a regulation
Article 10 – paragraph 1 – point g
Article 10 – paragraph 1 – point g
(g) it can be emptied, unloaded, refilled or reloaded or re-used as tableware or kitchenware without risk to the health and safety of those responsible for doing so;
Amendment 1505 #
Proposal for a regulation
Article 11 – paragraph 1 – subparagraph 1
Article 11 – paragraph 1 – subparagraph 1
From [OP: Please insert the date = 42 months after the entry into force of this Regulation], packaging shall be marked with a label and/or a QR code or other type of digital data carrier containing information on its material composition. This obligation does not apply to transport packaging. However, it applies to e- commerce packaging.
Amendment 1531 #
Proposal for a regulation
Article 11 – paragraph 2
Article 11 – paragraph 2
2. From [OP: Please insert the date = 48 months after the date of entry into force of this Regulation], reusable packaging shall bear a label on packaging reusability and/or 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 1540 #
Labels and/or QR code or other type of digital data carrier 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 and should be available to end users before the purchase of the product, including distance sales. Where this is not possible or not warranted on account of the nature and size of the packaging, they shall be affixed to the grouped packaging.
Amendment 1548 #
Proposal for a regulation
Article 11 – paragraph 4 – subparagraph 1 a (new)
Article 11 – paragraph 4 – subparagraph 1 a (new)
Whereas 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, the following requirements apply in such cases: (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 1568 #
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. These labels include, among others, the Green Dot symbol that does not reflect the recyclability of the packaging.
Amendment 1662 #
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 %. A special consideration could be granted for those goods that, due to their fragility, require protection during transport
Amendment 1677 #
Proposal for a regulation
Article 21 – paragraph 2 – subparagraph 1 – point a
Article 21 – paragraph 2 – subparagraph 1 – point a
(a) empty space shall mean the difference between the total volume of grouped packaging, transport packaging or e-commerce packaging and the volume of sale or sales packaging contained therein;
Amendment 1679 #
Proposal for a regulation
Article 21 – paragraph 2 – subparagraph 1 – point b
Article 21 – paragraph 2 – subparagraph 1 – point b
(b) empty space ratio shall mean the ratio of the empty space as defined in point (a) of this paragraph and the total volume of the grouped packaging, transport packaging or e-commerce packaging. A special consideration could be granted for those goods that, due to their fragility, require protection during transport
Amendment 1759 #
Proposal for a regulation
Article 23 – paragraph 1
Article 23 – paragraph 1
1. Economic operators who place reusable packaging on the market shall 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, except in cases where packaging is re-used as tableware or kitchenware.
Amendment 1772 #
Proposal for a regulation
Article 24 – paragraph 2 a (new)
Article 24 – paragraph 2 a (new)
2a. The obligation set in paragraphs 1 and 2 of this article shall not apply to packaging to be re-used as kitchenware or tableware.
Amendment 1870 #
Proposal for a regulation
Article 26 – paragraph 4 – introductory part
Article 26 – paragraph 4 – introductory part
4. The manufacturer and the final distributor making available on the market within the territory of a Member State in sales packaging alcoholic beverages in the form of beer, carbonated alcoholic beverages, fermented beverages other than wine, aromatised wine products and fruit wine, products based on spirit drinks, wine or other fermented beverages mixed with beverages, soda, cider or juice, shall ensure that:
Amendment 1884 #
Proposal for a regulation
Article 26 – paragraph 4 a (new)
Article 26 – paragraph 4 a (new)
4a. The obligation laid down in paragraph 4 does not apply to packaging for wines, aromatized wine products and spirituous beverages as defined by the nomenclature codes: (i) 2204.Wine of fresh grapes, including fortified wines;grape must other than that of heading 2009; (ii) 2205.Vermouth and other wine of fresh grapes flavoured with plants or aromatic substances; (iii) 2208. Undenaturated ethyl alcohol of an alcoholic strength by volume of less than 80% vol; spirits, liqueurs and other spirituous beverages.
Amendment 1890 #
Proposal for a regulation
Article 26 – paragraph 5
Article 26 – paragraph 5
Amendment 2166 #
Proposal for a regulation
Article 27 – paragraph 2 – introductory part
Article 27 – paragraph 2 – introductory part
2. For the purpose of demonstrating the attainment of the targets laid down in Article 26(2) to , 26(4), 26(5) and 26(6), the final distributor, or manufacturer, as appropriate, making available on the market such products within the territory of a Member State shall calculate, for each target separately, the following:
Amendment 2168 #
Proposal for a regulation
Article 27 – paragraph 2 – point a
Article 27 – paragraph 2 – point a
(a) the number of units of salvolume in hectolitres of beverages and food in reusable packaging within a system for re-use made available on the market within the territory of a Member State in a calendar year;
Amendment 2170 #
Proposal for a regulation
Article 27 – paragraph 2 – point b
Article 27 – paragraph 2 – point b
(b) the number of units of salvolume in hectolitres of beverages and food made available on the market within the territory of a Member State in a calendar year through refill;
Amendment 2172 #
Proposal for a regulation
Article 27 – paragraph 2 – point c
Article 27 – paragraph 2 – point c
(c) the number of units of salvolume in hectolitres of beverages and food made available on the market within the territory of a Member State by other means than those referred to in points (a) and (b) in a calendar year.
Amendment 2173 #
Proposal for a regulation
Article 27 – paragraph 2 a (new)
Article 27 – paragraph 2 a (new)
2a. For the purpose of demonstrating the attainment of the targets laid down in Article 26(3), the final distributor, or manufacturer, as appropriate, making available on the market such products within the territory of a Member State shall calculate the following: (a) the number of units of sales of food in reusable packaging within a system for re-use made available on the market within the territory of a Member State in a calendar year; (b) the number of units of sales of food made available on the market within the territory of a Member State in a calendar year through refill; (c) the number of units of sales of food made available on the market within the territory of a Member State by other means than those referred to in points (a) and (b) in a calendar year.
Amendment 2277 #
Proposal for a regulation
Article 39 – paragraph 7
Article 39 – paragraph 7
7. The producer or, where applicable, the producer’s appointed representative for the extended producer responsibility or the producer responsibility organisation shall report to the competent authority responsible for the register, by 1 MarchApril for each full preceding calendar year, the information set out in Part B of Annex IX.
Amendment 2314 #
Proposal for a regulation
Article 39 – paragraph 7
Article 39 – paragraph 7
7. The producer or, where applicable, the producer’s appointed representative for the extended producer responsibility or the producer responsibility organisation shall report to the competent authority responsible for the register, by 1 MarchApril for each full preceding calendar year, the information set out in Part B of Annex IX.
Amendment 2316 #
Proposal for a regulation
Article 39 – paragraph 7
Article 39 – paragraph 7
7. The producer or, where applicable, the producer’s appointed representative for the extended producer responsibility or the producer responsibility organisation shall report to the competent authority responsible for the register, by 1 MarchApril for each full preceding calendar year, the information set out in Part B of Annex IX.
Amendment 2722 #
Proposal for a regulation
Annex V – row 2
Annex V – row 2