54 Amendments of Nicola PROCACCINI related to 2022/0396(COD)
Amendment 141 #
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 materials and should be prevented at source. As the proper disposal route for compostable plastic packaging is becoming increasingly confusing for consumers. This contamination leads to environmental and economic impacts and waste of resources and should be prevented at source. Mandating compostable plastic packaging for applications strictly linked to food and food waste, may help 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 144 #
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, There is a demonstrable environmental benefit of using compostable packaging for specific packaging applications, in particular 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 art. 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 labelled 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 145 #
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 Council56for 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 compostquality of the output, proper processing times 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 Directives 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).
Amendment 161 #
Proposal for a regulation
Recital 61
Recital 61
(61) In order to ensure a high level of environmental protection in the internal market as well as a high level of food safety and hygiene, and facilitate the achievement of the packaging waste prevention targets, unnecessary or avoidable packaging formats should not be allowed to be placed on the market. The list of such packaging formats is provided in Annex V of this Regulation. When determining which packaging formats should be restricted by Annex V, the Commission shall consider whether the use of alternative packaging solutions, such as recyclable fibre-based packaging or re-usable or refillable packaging, would provide for better environmental outcomes, taking into account the overall environmental impact of the full lifecycle of the packaging. In order to adapt the list to the technical and scientific progress the power to adopt acts in accordance with Article 290 of the Treaty should be delegated to the Commission to amend the list.
Amendment 172 #
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 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 allowse targets take into account the fact that alternative single use packaging formats, such as packaging made from fibre-based or compostable materials, can achieve the same, or a better, overall positive environmental impact as re-useable or refillable packaging when considered on a full life cycle basis and therefore do not apply where such packaging is used.
Amendment 223 #
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;
Amendment 231 #
Proposal for a regulation
Article 3 – paragraph 1 – point 60 a (new)
Article 3 – paragraph 1 – point 60 a (new)
(60a) 'fibre-based packaging' means packaging including composite packaging containing a minimum of 90% fibre or other materials that are not plastic;
Amendment 232 #
Proposal for a regulation
Article 3 – paragraph 1 – point 60 b (new)
Article 3 – paragraph 1 – point 60 b (new)
(60b) 'single-portion food packaging' means single use packaging in the HORECA sector containing individual portions or servings, used for condiments, preserves, sauces, coffee creamer, sugar and seasoning, that come into direct contact with food and which because of food soiling are more suitable for composting than recycling;
Amendment 233 #
Proposal for a regulation
Article 4 – paragraph 2
Article 4 – paragraph 2
2. Member States shall not prohibit, restrict or impede the placing on the market or use of packaging that complies with the sustainability requirements set out in Articles 5 to 10 of this Regulation.
Amendment 234 #
Proposal for a regulation
Article 4 – paragraph 3
Article 4 – paragraph 3
3. Member States shall not prohibit, restrict or impede the placing on the market or use of packaging that complies with the labelling and information requirements set out in Article 11 of this Regulation.
Amendment 235 #
Proposal for a regulation
Article 4 – paragraph 4
Article 4 – paragraph 4
4. In caseExcept as provided for in paragraph 5, Member States choose toshall not 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 246 #
Proposal for a regulation
Article 6 – paragraph 2 – subparagraph 1 – point d
Article 6 – paragraph 2 – subparagraph 1 – point d
(d) it can be recycled so that the resulting secondary raw materials are of sufficient quality to substitute thebe used in a manufacturing process as primary raw materials;
Amendment 249 #
Proposal for a regulation
Article 6 – paragraph 2 – subparagraph 2 a (new)
Article 6 – paragraph 2 – subparagraph 2 a (new)
2a. Compostable packaging shall be considered organically recyclable where it complies with Article 8/ANNEX III.
Amendment 262 #
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 32 of Annex II, based on the percentage of the packaging unit, in weight, which is recyclable according to paragraph 1;
Amendment 309 #
Proposal for a regulation
Article 7 – paragraph 4
Article 7 – paragraph 4
4. Paragraphs 1 and 2 shall not apply to compostable plastic packaging. packaging where plastic is not predominant material and to compostable plastic packaging as well as to bio-based plastic packaging, inks, adhesives, varnishes and coatings used on 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 312 #
Proposal for a regulation
Article 7 – paragraph 4 a (new)
Article 7 – paragraph 4 a (new)
4a. By [OP: please insert the date = 24 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 338 #
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 339 #
Proposal for a regulation
Article 8 – paragraph 3
Article 8 – paragraph 3
3. By [OP: Please insert the date = 24 months from the date of entry into force of this Regulation], packaging labelled as compostable other than that referred to in paragraphs 1 and 2, including packaging made of biodegradable plastic polymers, shall allow material recycling without affecting the recyclability of other waste streamsshall comply with the criteria listed in Annex III. Packaging made with compostable material that is not labelled as compostable, shall allow material recycling.
Amendment 340 #
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 382 #
Proposal for a regulation
Article 22 – title
Article 22 – title
Restrictions on use of certain packaging formats that are not compostable or fibre- based
Amendment 384 #
1. Economic operators shall not place on the market packagingMember States which have transposed art. 22 of Directive 2008/98 and have appropriate waste collection schemes and waste treatment infrastructure, may exempt from restrictions compostable packaging complying with Annex III in the formats and for the purposes listed in point 1, 2, 3 and 4 of Annex V.
Amendment 391 #
Proposal for a regulation
Article 22 – paragraph 2
Article 22 – paragraph 2
2. By way of derogation from paragraph 1, economic operators shall not place on the market packaging in the formats and for the purposes listed in point 3 and 4 of Annex V as of 1 January 2030.
Amendment 396 #
Proposal for a regulation
Article 22 – paragraph 3
Article 22 – paragraph 3
3. Member States may exempt economic operators from point 3 and 4 of Annex V if they comply with the definition of 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], and where it is not technically feasible not to use packaging or to obtain access to infrastructure that is necessary for the functioning of a reuse system.
Amendment 398 #
Proposal for a regulation
Article 22 – paragraph 3 a (new)
Article 22 – paragraph 3 a (new)
3a. Moreover, this Article does not apply to packaging intended as part of the specifications for Geographical Indications, as per Regulations No 1151/2012, No 1308/2013 and 2019/787 and subsequent modifications.
Amendment 401 #
Proposal for a regulation
Article 22 – paragraph 4
Article 22 – paragraph 4
4. The Commission shall be empowered to adopt delegated acts in accordance with Article 58 to amend Annex V in order to adapt it to technical and scientific progress with the objective to reducing the environmental impact of packaging waste. WThen adopting those delegated acts, the Commission shall consider the pot Commission shall not restrict a specific packaging format to a greater extent than an alternative format unless doing so would achieve demonstrably better environmential of the restrictionsutcomes, taking into account the overall environmental impact onf the use of specific packaging formats to reduce the packaging waste generated while ensuring an overall positive environmental impact, andfull lifecycle of the packaging formats in question assessed according to prevailing state of the art technologies. The Commission shall also take into account the availability of alternative packaging solutions that meet requirements set out in legislation applicable to contact sensitive packaging, as well as their capability to prevent microbiological contamination of the packaged product.
Amendment 420 #
Proposal for a regulation
Article 26 – paragraph 2 – introductory part
Article 26 – paragraph 2 – introductory part
2. The final distributor making available on the market within the territory of a Member State in sales packaging cold or hot beverages filled into a container at the point of sale for take-away in sales packaging that is not [recyclable] fibre- based packaging shall ensure that:
Amendment 423 #
Proposal for a regulation
Article 26 – paragraph 2 – point b
Article 26 – paragraph 2 – point b
Amendment 429 #
Proposal for a regulation
Article 26 – paragraph 3 – introductory part
Article 26 – paragraph 3 – introductory part
3. A final distributor that is conducting its business activity in the HORECA sector and that is making available on the market within the territory of a Member State in sales packaging take- away ready-prepared food, intended for immediate consumption without the need of any further preparation, and typically consumed from the receptacle, in sales packaging that is in the case of single- portion food packaging not compostable packaging and in the case of all other packaging not [recyclable] fibre-based packaging, shall ensure that:
Amendment 432 #
Proposal for a regulation
Article 26 – paragraph 3 – point b
Article 26 – paragraph 3 – point b
Amendment 442 #
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 445 #
Proposal for a regulation
Article 26 – paragraph 4 – point b
Article 26 – paragraph 4 – point b
Amendment 448 #
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: ex 2204 Wine of fresh grapes, including fortified wines; grape must other than that of heading 2009; ex 2205 Vermouth and other wine of fresh grapes flavoured with plants or aromatic substances; ex 2208 Undenatured ethyl alcohol of an alcoholic strength by volume of less than 80 % vol; spirits, liqueurs and other spirituous beverages.
Amendment 454 #
Proposal for a regulation
Article 26 – paragraph 5
Article 26 – paragraph 5
Amendment 472 #
Proposal for a regulation
Article 26 – paragraph 6 – point b
Article 26 – paragraph 6 – point b
Amendment 487 #
Proposal for a regulation
Article 26 – paragraph 8 – point b
Article 26 – paragraph 8 – point b
Amendment 496 #
Proposal for a regulation
Article 26 – paragraph 9 – point b
Article 26 – paragraph 9 – point b
Amendment 504 #
Proposal for a regulation
Article 26 – paragraph 10 – point b
Article 26 – paragraph 10 – point b
Amendment 506 #
Proposal for a regulation
Article 26 – paragraph 11 a (new)
Article 26 – paragraph 11 a (new)
11a. By 1 January 2030 or at the latest when carrying out an evaluation of this Regulation as prescribed in Article 63, the Commission shall evaluate the feasibility and need of proposing new reuse targets.
Amendment 533 #
Proposal for a regulation
Article 26 – paragraph 16
Article 26 – paragraph 16
Amendment 542 #
Proposal for a regulation
Article 26 – paragraph 17 a (new)
Article 26 – paragraph 17 a (new)
17a. Packaging necessary to ensure one or more of the following conditions shall be excluded from the framework referred to in this Article: (a) the health and hygiene of products; (b) consumer health security; (c) food safety; (d) combating food waste; (e) the protection of the environment and, in particular, of water and the efficient use of energy resources and raw materials.
Amendment 559 #
Proposal for a regulation
Article 43 – paragraph 1
Article 43 – paragraph 1
1. Member States shall ensure that systems are set up to provide for the return and separate collection of all packaging waste from the end users 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 562 #
(ca) ensure that all recyclable fibre- based packaging will be collected from the business premises of economic operators in the HORECA sector for the purpose of recycling.
Amendment 585 #
Proposal for a regulation
Article 2 – paragraph 1
Article 2 – paragraph 1
1. This Regulation applies to all packaging, besides industrial packaging, 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
Annex I – paragraph 6
Annex I – paragraph 6
Flower pots intended to be used only for the selling and transporting of plants and not intended to stay with the plant throughout its life time, unless the manufacturer writes on the label that the pot is not to be removed from the plant
Amendment 595 #
Proposal for a regulation
Annex I – paragraph 15
Annex I – paragraph 15
Flower pots intended to stay with the plant throughout its life time and also to be used within the production process, at its various stages, as they represent long- lasting production factors
Amendment 599 #
Proposal for a regulation
Annex III – paragraph 1 – introductory part
Annex III – paragraph 1 – introductory part
Conditions to be considered when mandating the use ofor introducing compostable packaging format on the market:
Amendment 602 #
Proposal for a regulation
Annex III – paragraph 1 – point d
Annex III – paragraph 1 – point d
(d) its use significantly increases the collection of organic waste compared to the use of non-compostable packaging materials or;
Amendment 604 #
Proposal for a regulation
Annex III – paragraph 1 – point e
Annex III – paragraph 1 – point e
(e) its use significantly reduces the contamination of compost with non- compostable packaging; and
Amendment 605 #
Proposal for a regulation
Annex III – paragraph 1 – point f
Annex III – paragraph 1 – point f
Amendment 625 #
Proposal for a regulation
Article 3 – paragraph 1 – point 4 a (new)
Article 3 – paragraph 1 – point 4 a (new)
(4a) 'industrial packaging' means packaging for raw materials, components and partially manufactured or finished goods, for distribution from manufacturer to manufacturer and/or other intermediaries such as processor or assembler;
Amendment 630 #
Proposal for a regulation
Annex XII – subheading 7
Annex XII – subheading 7
TABLE 4 Add new element in the table: Plastic, compostables
Amendment 645 #
Proposal for a regulation
Annex V – table 1 - row 3
Annex V – table 1 - row 3
Amendment 648 #
Proposal for a regulation
Annex V – table 1 - row 4
Annex V – table 1 - row 4
Single use Sachets, tubs, packaging, trays, boxes Single use packaging in the HORECA packaging forother than sector, other than compostable packaging, trays, boxescompostable sector, containing individual portions or servings, condiments, packaging, for servings, used for condiments, preserves, sauces, preserve condiments, 4. sauces, coffee creamer, sugar and seasoning, except 4. sauces, coffee preserves, except such packaging provided together with take- creamer, sugar, sauces, coffee with take-away ready-prepared food and seasoningintended for creamer, sugar, intended for immediate consumption in HORECA without the need of and seasoning without the need of any further preparation in HORECA sector
Amendment 1688 #
Proposal for a regulation
Article 21 – paragraph 3
Article 21 – paragraph 3
3. Economic operators using industrial packaging or sales packaging as e-commerce packaging shall be exempted from the obligation laid down in paragraph 1. They shall nevertheless ensure that such sales packaging complies with the requirements in Article 9.