53 Amendments of Adriana MALDONADO LÓPEZ related to 2022/0396(COD)
Amendment 166 #
Proposal for a regulation
Recital 44
Recital 44
(44) It is necessary to inform consumers and to enable them to appropriately dispose of packaging waste, including compostable lightweight and very lightweight plastic carrier bags. The most appropriate manner to do this is to establish a harmonised labelling system based on the material composition of packaging for sorting of waste, and to pair it with corresponding labels on waste receptacles. The need for such a harmonised labelling system to be recognized by all citizens irrespective of their circumstances should be a guiding factor in their design. This can be achieved through the use of pictograms without the need for national text. This would also serve to minimize the costs for translation of language otherwise required.
Amendment 169 #
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, kitchenware or tableware function in the context of refill, such as reusable cups, mugs, bottles or boxes are not packaging in the sense of this Regulation even when they were originally placed on the market as food packaging.
Amendment 175 #
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 assess the possibilities to harmonise symbols associated with the mandatory deposit and return systems. Considering that it is not collected through municipal waste collection systems, the use of those symbols should not be mandatory for transport packaging with the exception of the e-commerce packaging.
Amendment 178 #
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 QRelectronically readable code or other data carrier that provides such information. The QR codeelectronically readable code or other data carrier 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.
Amendment 182 #
Proposal for a regulation
Recital 49
Recital 49
(49) To support the implementation of the objectives of this Regulation, consumers should be protected from misleading and confusing information about packaging characteristics and its appropriate end-of-life treatment, for which harmonised labels have been established under this Regulation. It should be possible to identify packaging included in the extended producer responsibility scheme by means of an accreditation symbol throughout the territory of that system. That harmonised symbol should be clear and unambiguous to consumers or users as to the recyclability of packaging. To this end, it could be considered that the Green Dot symbol, which is used in some Member States to signify that a producer has made a financial contribution to a national packaging recovery system58 , could mislead consumers to believe that packaging bearing such a symbol is always recyclable. __________________ 58 https://www.pro-e.org/the-green-dot- trademark
Amendment 183 #
Proposal for a regulation
Recital 52
Recital 52
(52) The manufacturer, having detailed knowledge of the design and production process, is best placed to carry out the conformity assessment procedure provided for under this Regulation. Such conformity assessment should therefore remain solely the obligation of the manufacturer. Upon request from the relevant national authority, manufactures shall demonstrate compliance with annex VII through an accredited third party certification body.
Amendment 186 #
Proposal for a regulation
Recital 53
Recital 53
(53) It should be ensured that suppliers of packaging or packaging materials provide the manufacturer with all the information and documentation necessary for the manufacturer to demonstrate the conformity of the packaging and the packaging materials. That information and documentation should be provided in either paper or electronic form.
Amendment 216 #
Proposal for a regulation
Recital 98
Recital 98
(98) Regulation (EU) 2022/2065 of the European Parliament and of the Council66 lays down rules on the traceability of traders, which more specifically contain obligations for providers of online platforms allowing consumers to conclude distance contracts with productraders offering packaging to consumers located in the Union. In order to prevent free-riding from the extended producer responsibility obligations, it should be specified how such providers of online platformmarketplaces and fulfilment service providers should fulfil those obligations with regard to the registers of packaging producers established pursuant to this Regulation. In that context, providers of online platforms, falling within the scope of Section 4 of Chapter 3 of Regulation (EU) 2022/2065, allowing consumers to conclude distance contracts with producers should obtain from those producers information about theirmarketplaces and fulfilment service providers should be required to comply with the extended producer responsibility requirements, unless they can prove that the traders offering packaging to consumers located in the Union are complianceying with the extended producer responsibility rules set out in this Regulationapplicable requirements set out in this Regulation prior to placing these products on the market or handling these products. The rules on traceability of traders selling packaging online are subject to the enforcement rules set out in Regulation (EU) 2022/2065. __________________ 66 Regulation (EU) 2022/2065 of the European Parliament and of the Council of 19 October 2022 on a Single Market For Digital Services and amending Directive 2000/31/EC (Digital Services Act) (OJ L 277, 27.10.2022, p. 1).
Amendment 223 #
Proposal for a regulation
Recital 123
Recital 123
(123) Effective enforcement of sustainability requirements is essential to ensure fair competition to ensure that this Regulation’s expected benefits and contribution to achieving the Union’s climate, energy and circularity objectives are achieved. Therefore, a minimum number of checks of economic operators placing packaging on the Union market should be established and Regulation (EU) 2019/1020 of the European Parliament and of the Council73 setting out a horizontal framework for market surveillance and control of products entering the Union market should apply to packaging for which sustainability requirements are set pursuant to this Regulation. __________________ 73 Regulation (EU) 2019/1020 of the European Parliament and of the Council of 20 June 2019 on market surveillance and compliance of products and amending Directive 2004/42/EC and Regulations (EC) No 765/2008 and (EU) No 305/2011 (OJ L 169, 25.6.2019, p. 1).
Amendment 224 #
Proposal for a regulation
Recital 123 a (new)
Recital 123 a (new)
(123a) Competent authorities should carry out checks at regular intervals on operators and traders to verify that they effectively fulfil the obligations laid down in this Regulation. Moreover, competent authorities should carry out checks on the basis of relevant information in their possession, including substantiated concerns submitted by third parties.
Amendment 225 #
Proposal for a regulation
Article 3 – paragraph 1 – point 28
Article 3 – paragraph 1 – point 28
(28) ‘refill’ means an operation, considered as a packaging waste prevention measure, by which an end user fills its own container, which fulfils the packaging or a kitchenware or tableware function, with a product or several products offered by the final distributor in the context of a commercial transaction;
Amendment 234 #
Proposal for a regulation
Article 3 – paragraph 1 – point 8
Article 3 – paragraph 1 – point 8
(8) ‘economic operator’ means manufacturers, suppliers of packaging, importers, distributors, final distributors, and fulfilment service providers and authorised representative;
Amendment 236 #
Proposal for a regulation
Article 3 – paragraph 1 – point 10
Article 3 – paragraph 1 – point 10
(10) ‘producer’ means any manufacturer, filler, importer or distributor, who, irrespective of the selling technique used, including by means of distance contracts as defined in Article 2(7) of Directive 2011/83/EU, makes available packaging for the first timeplaces packaging within a territory of a Member States on a professional basis under its own name or trademark;
Amendment 239 #
Proposal for a regulation
Article 3 – paragraph 1 – point 12
Article 3 – paragraph 1 – point 12
(12) ‘importer’ means any natural or legal person established within the Union who places packaging, or a packaged product, from a third country on the Union market;
Amendment 241 #
Proposal for a regulation
Article 3 – paragraph 1 – point 13
Article 3 – paragraph 1 – point 13
(13) ‘distributor’ means any natural or legal person in the supply chain, other than the manufacturer or importer, who makes a packaging, or a packaged product, available on the market;
Amendment 247 #
Proposal for a regulation
Article 3 – paragraph 1 – point 59
Article 3 – paragraph 1 – point 59
(59) ‘online platform’ means online platformproviders of online marketplaces’ means providers of online marketplaces as defined in Article 3 point (i)14 of Regulation (EU) 2022/2065;on General Product Safety xxxx
Amendment 260 #
Proposal for a regulation
Article 3 – paragraph 1 – point 60 a (new)
Article 3 – paragraph 1 – point 60 a (new)
(60a) ‘containers that fulfil a kitchenware or tableware function’: means packaging intended to be originally used as food-packaging and certified to perform kitchenware or tableware functions during their lifespan. Such certifications should demonstrate certain design characteristics such as its washability and its thermal resistance.
Amendment 332 #
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, understood as less than 0,1% of packaging waste in the Union.
Amendment 345 #
Proposal for a regulation
Article 11 – paragraph 1 – subparagraph 1
Article 11 – paragraph 1 – subparagraph 1
From [OP: Please insert the date = 4236 months after the entry into force of this Regulation], packaging shall be marked with a label containing information on its material composition. This obligation does not apply to transport packaginge label on the packaging shall be easily understood and without the need for a national text. This obligation does not apply to transport packaging and to reusable packaging placed on the market before 36 months after the entry into force of this Regulation. However, it applies to e- commerce packaging.
Amendment 362 #
Proposal for a regulation
Article 11 – paragraph 1 – subparagraph 2
Article 11 – paragraph 1 – subparagraph 2
Packaging subject to deposit and return systems referred to in Article 44(1) shall, in addi by derogation to the labelling referred to in the first subparagraph, be marked with a harmoniseddeposit label established inby the relevant implementing act adopted pursuant to paragraph 5deposit and return system .
Amendment 365 #
Proposal for a regulation
Article 11 – paragraph 2
Article 11 – paragraph 2
2. From [OP: Please insert the date = 4836 months after the date of entry into force of this Regulation], where a reusable packaging is labelled with information about its reusability, that reusable packaging shall bear a label on packaging reusability, recyclability and a QR code or other type of digital data carrier that provides further information on packaging reusability and recyclability 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 398 #
Proposal for a regulation
Article 11 – paragraph 5
Article 11 – paragraph 5
5. By [OP: Please insert the date = 182 months after the date of entry into force of this Regulation], the Commission shall adopt implementing acts to establish a harmonised label and specifications for the labelling requirements and formats for the labelling of packaging referred to in paragraphs 1 to 3 and the labelling of waste receptacles referred to in Article 12. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 59(3).
Amendment 412 #
Proposal for a regulation
Article 11 – paragraph 7
Article 11 – paragraph 7
7. Without prejudice to requirements concerning other harmonised EU labels as well as officially recognized type I ecolabels (ISO 14024), 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.
Amendment 438 #
Proposal for a regulation
Article 13 – paragraph 1 a (new)
Article 13 – paragraph 1 a (new)
1a. Manufacturers shall exercise due diligence prior to placing relevant packaging in the market or prior to their export from the Union market in order to ensure compliance with sustainability due diligence requirements laid down in Union and national law
Amendment 439 #
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 by an accredited third party certification body, and draw up, or have drawn up by the accredited third party certification body, the technical documentation referred to in Annex VII.
Amendment 442 #
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 10 years after the packaging has been placed on the market and ensure that the technical documentation and the declaration of conformity are made available to the market surveillance authorities upon request.
Amendment 449 #
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, reloaded or reused as tableware or kitchenware while ensuring compliance with the applicable safety and hygiene requirements;
Amendment 450 #
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, reparability, durability without losing product functionality, economic benefit for the consumer, and general consumer perception.
Amendment 451 #
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, reloaded or reused 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 452 #
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, reloaded or reused as tableware or kitchenware without risk to the health and safety of those responsible for doing so;
Amendment 459 #
Proposal for a regulation
Article 13 – paragraph 9
Article 13 – paragraph 9
9. Manufacturers shall, further to a reasoned request from a national authority, provide all the information and documentation necessary to demonstrate the conformity of the packaging, including the technical documentation in a language, or languages, which can be easily understood by that authority. That information and documentation shall be provided in either paper or electronic form. The relevant documents shall be made available within 10 days of receipt of the request from the national authority. Manufacturers shall cooperate with the national authority on any action taken to remedy any case of non-compliance with the requirements set out in Articles 5 to 10. If manufacturers fail to cooperate with market surveillance authorities or if the information and documentation provided is incomplete or incorrect, market surveillance authorities shall take all appropriate and proportionate measures to withdraw the relevant packaging from the market or to recall it until the manufacturer cooperates or provides complete and correct information.
Amendment 463 #
Proposal for a regulation
Article 13 – paragraph 9 a (new)
Article 13 – paragraph 9 a (new)
9a. Manufacturers shall make publicly available communication channels such as a telephone number, electronic address or dedicated section of their website, taking into account accessibility needs for persons with disabilities, to allow end- users to submit complaints or concerns regarding potential non-conformity of packaging. Manufacturers shall keep a register of complaints and concerns received for 10 years and shall keep such data as long as necessary for the purposes of investigation, as well as make it available upon request from a market surveillance authority.
Amendment 472 #
Proposal for a regulation
Article 14 – paragraph 1
Article 14 – paragraph 1
1. Any supplier of packaging or packaging materials shall provide the manufacturer with all the information and documentation necessary for the manufacturer to demonstrate the conformity of the packaging and the packaging materials with this Regulation, including the technical documentation referred to in Annex VII and required under Articles 5 to 10, in a language or languages, which can be easily understood by the manufacturer. That information and documentation shall be provided in either paper or electronic form.
Amendment 483 #
Proposal for a regulation
Article 16 – paragraph 1
Article 16 – paragraph 1
1. Importers shall only place on the market packaging which is compliant with the applicable requirements of Articles 5 to 11.
Amendment 492 #
Proposal for a regulation
Article 16 – paragraph 10
Article 16 – paragraph 10
10. Importers shall cooperate with the competent national authority on any action taken to remedy any case of non- compliance with the applicable requirements set out in Articles 5 to 11.
Amendment 497 #
Proposal for a regulation
Article 17 – paragraph 2 – point a
Article 17 – paragraph 2 – point a
(a) the producer, that is subject to the obligations on extended producer responsibility for the packaging is registered in the register of producers referred to in Article 4039;
Amendment 498 #
Proposal for a regulation
Article 17 – paragraph 2 – point a a (new)
Article 17 – paragraph 2 – point a a (new)
(a a) if a Member State has adopted measures to make the entrustment of a producer responsibility organisation mandatory according to Article 41 paragraph 1 sentence 2, weather the producer has properly entrusted a producer responsibility organisation in accordance with Article 42 to carry out the extended producer responsibility obligations on his behalf.
Amendment 511 #
Proposal for a regulation
Article 18 – paragraph 1
Article 18 – paragraph 1
Fulfilment service providers shall ensure that for packaging that they handle, the conditions during warehousing, handling and packing, addressing or dispatching, do not jeopardise the packaging’s compliance with the applicable requirements set out in Articles 5 to 11.
Amendment 512 #
Proposal for a regulation
Article 18 a (new)
Article 18 a (new)
Article 18 a Obligations of Providers of online marketplaces 1. For the purpose of compliance with Article 23 of Regulation (EU) 2022/2065 regarding packaging regulation, providers of online marketplaces shall suspend, for a reasonable period of time and after having issued a prior warning, the provision of their services to traders that frequently offer packaging which are non-compliant with this Regulation. 2. Providers of online marketplaces shall ensure that they have internal processes for in place in order to comply without undue delay with the relevant requirements of Regulation (EU) 2022/2065. 3. For the purpose of compliance with the requirements of Article 31(1) and (2) of Regulation (EU) 2022/2065 as regards packaging compliance, providers of online marketplaces shall design and organise their online interface in a way that enables the manufacturer, importer, authorized representative, distributor or fulfilment service provider to comply with their obligations and in a way that enables the market surveillance authorities to carry out market surveillance.
Amendment 515 #
Proposal for a regulation
Article 19 – paragraph 1
Article 19 – paragraph 1
An importer or a distributor shall be considered a manufacturer for the purposes of this Regulation and shall be subject to the obligations of the manufacturer under Article 143, where they place packaging on the market under their own name or trademark or modify packaging already placed on the market in a way that may affect compliance with the relevant requirements of this Regulation.
Amendment 545 #
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 reused as tableware or kitchenware.
Amendment 546 #
Proposal for a regulation
Article 24 – paragraph 1
Article 24 – paragraph 1
1. Economic operators making use of reusable packaging shall 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 obligation shall not apply to packaging designed to be re-used as kitchenware or tableware.
Amendment 576 #
Proposal for a regulation
Article 33 – paragraph 1
Article 33 – paragraph 1
Conformity assessment of packaging with the requirements set out in Articles 5 to 11 shall be carried out in accordance with the procedure set out in Annex VII.
Amendment 577 #
Proposal for a regulation
Article 33 – paragraph 1 a (new)
Article 33 – paragraph 1 a (new)
1a. Upon the request from the relevant national authority manufactures shall demonstrate compliance with Annex VII through a third party certification body.
Amendment 578 #
Proposal for a regulation
Article 33 – paragraph 1 b (new)
Article 33 – paragraph 1 b (new)
Certification Bodies entitled to issue certifications for the requirements under this Regulation, must be accredited by a National Accreditation Body of the Member States in compliance with ISO 17065:2012 designated in accordance with Regulation (EC) No. 765/2008.
Amendment 585 #
Proposal for a regulation
Article 40 – paragraph 3 – introductory part
Article 40 – paragraph 3 – introductory part
3. Providers of online platforms, falling within the scope of Section 4 of Chapter 3 of Regulation (EU) 2022/2065, allowing consumers to conclude distance contracts with producers shall obtain the following informatiomarketplaces, as well as fulfilment service providers, are required to comply with the extended producer responsibility requirements referred to in paragraphs 1 and 2 of this Article, unless they can fprom producve that traders offering packaging to consumers located in the Union are complying with these requirements by obtaining:
Amendment 586 #
Proposal for a regulation
Article 40 – paragraph 3 – point b
Article 40 – paragraph 3 – point b
(b) a self-certification by the producer committing to only offer packaging with regard to which information on compliance withe extended producer responsibility requirements referred to in paragraphs 1 and 2 of this article are complied with in the Member State where the consumer is located.
Amendment 589 #
Proposal for a regulation
Article 40 – paragraph 3 a (new)
Article 40 – paragraph 3 a (new)
3a. Upon receiving the information referred to paragraph 3 and prior to allowing the producer concerned to use its services, the provider of online marketplaces shall assess whether the information referred to in point (a) and (b) is reliable and complete.
Amendment 616 #
Proposal for a regulation
Article 54 a (new)
Article 54 a (new)
Article 54 a Obligation to perform checks 1. The competent authorities shall carry out checks within their territory to establish whether economic operators comply with their obligations under this Regulation and whether the relevant packaging placed or made available on the Union market or exported from it are compliant with the requirements of this Regulation. 2. Each Member State shall ensure that the annual checks carried out by their competent authorities in accordance with paragraph 1 cover at least 3% of the economic operators making packaging available in the territory of said Member State. 3. The identification of checks to be carried out shall be based on a risk-based approach that takes into considerations factors such as the risks of circumvention of the sustainability requirements of packaging and of the obligations of economic operators, taking into account the nature and material composition of packaging, the length and complexity of the packaging’s value chain, the history of non-compliance of economic operators with this Regulation or other relevant obligations derived from EU law, substantiated concerns submitted by natural or legal persons, and any other relevant information. 4. Without prejudice to the checks planned in advance pursuant to paragraph 2, competent authorities shall conduct checks referred to in paragraph 1 when they obtain or are made aware of relevant information, including based on substantiated concerns provided by third parties concerning a potential non- compliance with this Regulation. 5. Competent authorities shall, without undue delay, diligently and impartially assess the substantiated concerns, and take the necessary steps with a view to assessing potential breaches of the provisions of this Regulation 6. Checks shall be carried out without prior warning of the economic operator, except where prior notification of the operator or trader is necessary in order to ensure the effectiveness of the checks. 6. The competent authorities shall keep records of the checks indicating in particular their nature and results, as well as on the measures taken in case of non- compliance. Records of all checks shall be kept for at least ten years. 7. Records of checks carried out under this Regulation and reports of their results and outcomes shall constitute environmental information for the purposes of Directive 2003/4/EC38 and shall be publicly available.
Amendment 617 #
Proposal for a regulation
Article 56 – paragraph 1 – point k a (new)
Article 56 – paragraph 1 – point k a (new)
(k a) the requirements on recyclable packaging are not fulfilled;
Amendment 618 #
Proposal for a regulation
Article 56 – paragraph 1 – point k b (new)
Article 56 – paragraph 1 – point k b (new)
(k b) the requirements on minimum recycled content for packaging are not achieved;
Amendment 619 #
Proposal for a regulation
Article 63 – paragraph 1
Article 63 – paragraph 1
By [OP: Please insert the date = 86 years after the date of application of this Regulation], the Commission shall carry out an evaluation of this Regulation and of its contribution to the functioning of the internal market and the improvement of the environmental sustainability of packaging. The Commission shall present a report on the main findings of that evaluation to the European Parliament, the Council, the European Economic and Social Committee, and the Committee of the Regions. Member States shall provide the Commission with the information necessary for the preparation of that report.
Amendment 786 #
Proposal for a regulation
Article 43 – paragraph 2
Article 43 – paragraph 2
2. Member States may allow derogations from paragraph 1 provided that collecting packaging or fractions of packaging waste together or together with other waste does not affect the potential of such packaging or fractions of packaging waste to undergo preparing for re-use, recycling or other recovery operations in accordance with Articles 4 and 13 of Directive 2008/98/EC and generates output from those operations which is of comparable quality to that achieved through separate collection. Specifically, inert packaging placed on the market in very small quantities, understood as less than 0,1% of packaging waste in the Union, made of the same materials of waste disposed on the construction flow waste should be disposed together with the construction and demolition waste.