Activities of Grace O'SULLIVAN related to 2022/0396(COD)
Plenary speeches (1)
Packaging and packaging waste (debate)
Shadow reports (1)
REPORT on the proposal for a regulation 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
Amendments (117)
Amendment 209 #
Proposal for a regulation
Citation 1
Citation 1
Having regard to the Treaty on the Functioning of the European Union, and in particular Article 114 thereof and Article 192(1) thereof in relation to Articles 35 to 51 of this Regulation,
Amendment 215 #
Proposal for a regulation
Recital 2
Recital 2
(2) In addition, packaging uses high amounts of virgin materials (40 % of plastics and 50 % of paper use in the Union is for packaging) and represents 36 % of municipal solid waste30. High and constantly growing levels of packaging generated as well as low levels of re-use and poor recycling, present significant barriers to achieving a low-carbon circular economy. For these reasons, this Regulation should establish rules over the entire life-cycle of packaging contributing to the efficient functioning of the internal market by harmonising national measures, while preventing and reducing the adverse impacts of packaging and packaging waste on the environment and human health. By laying measures in line with the hierarchy of waste, it should contribute to the transition to a circular economy. Thus, to prevent divergences hampering the free circulation of packaging, uniform obligations and requirements are to be laid down throughout the internal market based on Article 114 TFEU.To the extent that this Regulation contains specific rules on the management of packaging waste , it is appropriate to base this Regulation, in as far as those specific rules are concerned, on Article 192(1) TFEU. _________________ 30 Eurostat, Packaging waste statistics: https://ec.europa.eu/eurostat/statistics- explained/index.php?title=Packaging_wast e_statistics
Amendment 266 #
Proposal for a regulation
Recital 13
Recital 13
(13) Packaging should be designed, manufactured and commercialised in such a way as to allow for its re-use or high- quality material recycling, and to minimise its impact on the environment during its entire life-cycle and the life cycle of products, for which it was designed. A general minimum number of rotations to qualify for re-use and conditions for re- use should be established. The Commission should be empowered the power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union to modify those conditions and to establish a minimum number of rotations for reusable packaging in specific packaging categories.
Amendment 275 #
Proposal for a regulation
Recital 15
Recital 15
(15) Taking into consideration the protection of human health and the environment and scientific and technological progress, packaging should be designed and manufactured in a way as to limit the presencto avoid the use of certain heavy metals and other substances of concern in its composition. As stated in the Chemicals Strategy for Sustainability, substances of concern are to be minimised and substituted as far as possible, phasing out the most harmful ones for non-essential societal use, in particular in consumer products. Accordingly, substances of concern as constituents of packaging material or of any of the packaging components should be minimised with the objectiveavoided wherever possible, unless their use is essential and no safer materials without such substances are available, to ensure that packaging, as well as materials recycled from packaging, do not have an adverse effect on human health or the environment, throughout their life-cycle.
Amendment 284 #
Proposal for a regulation
Recital 16
Recital 16
(16) In line with the Zero Pollution Action Plan44, Union policies should be based on the principle that preventive action should be taken at source. The Commission underlines in the Chemicals Strategy for Sustainability that Regulation (EC) No 1907/2006 of the European Parliament and of the Council45and Regulation (EC) No 1272/2008 of the European Parliament and of the Council46should be reinforced as the cornerstones for regulating chemicals in the Union and that they should be complemented by coherent approaches to assess and manage chemicals in existing sectorial legislation. SAs such,substances in packaging and packaging components are thereforshould berestricted at source and primarilyin this Regulation while maintaining the possibility to addressed themunder Regulation (EC) No 1907/2006 in accordance with the rules and procedures laid out under its Title VIII, in order to protect human health and the environment, along all stages of the life cycle of the substance, including the waste stage.Hence, it should be recalled that the provisions of that Regulation apply for adopting or amending restrictions on substances manufactured for use or used in the production of packaging or packaging components as well as on the placing on the market of substances present in packaging or packaging components. Concerning packaging falling within the scope of Regulation (EC) No 1935/2004 of the European Parliament and of the Council47, it should be recalled that that Regulation applies to ensure a high level of protection of the consumers of packaged food. _________________ 44 Communication from the Commission to the European Parliament, the European Council, the Council, the European Economic and Social Committee and the Committee of the Regions Pathway to a Healthy Planet for All EU Action Plan: ‘Towards Zero Pollution for Air, Water and Soil’ COM(2021) 400 final. 45 Regulation (EC) No 1907/2006 of the European Parliament and of the Council of 18 December 2006 concerning the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH), establishing a European Chemicals Agency, amending Directive 1999/45/EC and repealing Council Regulation (EEC) No 793/93 and Commission Regulation (EC) No 1488/94 as well as Council Directive 76/769/EEC and Commission Directives 91/155/EEC, 93/67/EEC, 93/105/EC and 2000/21/EC (OJ L 396, 30.12.2006, p. 1). 46 Regulation (EC) No 1272/2008 of the European Parliament and of the Council of 16 December 2008 on classification, labelling and packaging of substances and mixtures, amending and repealing Directives 67/548/EEC and 1999/45/EC, and amending Regulation (EC) No 1907/2006 (OJ L 353, 31.12.2008, p. 1). 47 Regulation (EC) No 1935/2004 of the European Parliament and of the Council of 27 October 2004 on materials and articles intended to come into contact with food and repealing Directives 80/590/EEC and 89/109/EEC (OJ L 338, 13.11.2004, p. 4– 17).
Amendment 287 #
Proposal for a regulation
Recital 19
Recital 19
(19) This Regulation should not enable the restriction of substances based on reasons of chemical safety, or for reasons related to food safety, with the exception of the restrictions on lead, cadmium, mercury and hexavalent chromium that were already established on the basis of Directive 94/62/EC and should continue to be addressed under this Regulation, given that such restrictions are addressed under other Union legislationput an end to the use of substances of concern in packaging, unless their use is essential and there are no safer materials without such substances. It should, however also allow for the restriction, primarily for reasons other than chemical or food safety, of substances present in packaging and packaging components or used in their manufacturing processes, which negatively affect the sustainability of packaging, in particular as regards its circularity, especially re-use, sorting or recycling. In order to adopt derogations with regard to essential use and the non-availability of safer materials, the power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union should be delegated to the Commission.
Amendment 292 #
Proposal for a regulation
Recital 20
Recital 20
(20) Designing packaging with the objective of its recycling, once it becomes packaging waste, is one the most efficient measures to improve the packaging circularity and raise packaging recycling rates and the use of recycled content in packaging. Packaging design for recycling criteria have been established for a number of packaging formats under voluntary industry schemes or by some Member States for the purpose of the modulation of extended producer responsibility fees. In order to prevent barriers to the internal market and provide industry with a level playing field, and with the objective to promote the sustainability of packaging, it is important to set mandatory requirements regarding the recyclability of packaging, including a negative list of packaging characteristics, 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 296 #
Proposal for a regulation
Recital 20 a (new)
Recital 20 a (new)
(20a) In order to establish harmonised rules on packaging design to ensure its recyclability, the power to adopt delegated acts in accordance with Article 290 of the Treaty on the Functioning of the European Union should be delegated to the Commission to set out detailed criteria for packaging design for recycling per packaging materials and categories. As sorting and recycling technologies can be further developed, the power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union should be delegated to the Commission to amend the negative list of packaging characteristics.
Amendment 301 #
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 thensure that state- of-the-art separate collection, sorting and recycling processes and infrastructure are actually available in the Union. Related reporting from Member States and, where relevant, economic operators should support establishing to ensure recyclability “at scale”. Reporting from Member States should provide for monitoring of the recyclability “at scale” thresholds and allow for update, on this basis, of the recyclability performance grades with respect to the specific packaging materials and categories.
Amendment 302 #
Proposal for a regulation
Recital 22
Recital 22
Amendment 311 #
Proposal for a regulation
Recital 23
Recital 23
Amendment 334 #
Proposal for a regulation
Recital 28 a (new)
Recital 28 a (new)
(28a) In order to ensure that bio-based raw materials are produced in a sustainable manner, the Commission should assess their production with a view to establishing sustainability criteria as well as targets for the use of bio-based raw materials.
Amendment 351 #
Proposal for a regulation
Recital 31
Recital 31
(31) In order to ensure uniform conditions for the implementation of the rules on calculating and verifying, per unit of post-consumer plastic waste in packaging, the share of recycled content recovered fromobtained from the recovery of post- consumer plastic waste present and establishing the format for technical documentation, the Commission should be empowered to adopt implementing provisions, in accordance with Article 5 of Regulation (EU) No 182/2011 of the European Parliament and of the Council55. _________________ 55 Regulation (EU) No 182/2011 of the European Parliament and of the Council of 16 February 2011 laying down the rules and general principles concerning mechanisms for control by Member States of the Commission’s exercise of implementing powers (OJ L 55, 28.2.2011, p. 13).
Amendment 369 #
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, which enters composting plants, including anaerobic digestion facilities under controlled conditions. In addition, the biodegradable waste should not lead to the presence of contaminants in the compost. The CEN standard EN 13432 "Packaging - Requirements for packaging recoverable by composting and biodegradation - Test scheme and evaluation criteria for final acceptance of packaging" should be revised with regard to composting times, permissible levels of contamination and other requirements necessary to actually allow these materials to be processed in bio-waste treatment facilities at the same level as in home composting. Furthermore, where appropriate waste collection schemes and waste treatment infrastructures are available in a Member State, 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 route and considering the environmental benefit of circularity of the carbon, all other plastic packaging 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 391 #
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, 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 424 #
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 428 #
Proposal for a regulation
Recital 57
Recital 57
(57) As distributors and importers are close to the marketplace and have an important role in ensuring packaging compliance, they should be involved in market surveillance tasks carried out by the competent national authorities, and should be prepared to participate actively, providing those authorities with all necessary information relating to the productackaging concerned.
Amendment 429 #
Proposal for a regulation
Recital 58
Recital 58
(58) Any importer or distributor that either places on the market packaging under their own name or trademark, or modifies such a productackaging in such a way that compliance with this Regulation might be affected, should be considered to be the manufacturer and should assume the manufacturer’s obligations.
Amendment 432 #
Proposal for a regulation
Recital 60
Recital 60
(60) The problem of excessive packaging waste generation cannot be fully addressed by setting obligations on packaging design. For certain packaging types, obligations to reduce the empty space should be set on economic operators in terms of reducing the empty space when using such packaging. In case of grouped, transport and e-commerce single use packaging used for supply of products to final distributors or end user, the empty space ration should not exceed 420 % without prejudice to further requirements. In line with the waste hierarchy, it should be possible for economic operators using sales packaging as e-commerce packaging to be exempted from this obligation.
Amendment 480 #
(73) In view of the results of the evaluation study on plastic carrier bags62, further measures need to be taken to reduce the consumption of lightweight plastic carrier bags and assess possible substitution effects with very lightweight plastic carrier bags and thicker plastic carrier bags above 50 microns. Substitution effects with paper carrier bags should also be addressed. _________________ 62 Scoping study to assess the feasibility of further EU measures on waste prevention and implementation of the Plastic Bags Directive. Part II, Implementation of the Plastic Bags Directive, Eunomia (2021), published by the Publication Office of the European Union, 2022.
Amendment 501 #
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 baselinember States should therefore reduce packaging waste generation by 10 % in 2030 compared to 2018. In order to ensure that the reduction efforts continue beyond 2030, a reduction target of 105 % from 2018, which would mean a reduction of 29 % compared to baseline, should be set for 2035 and, for 2040, a reduction target of 1520 % from 2018, which means a reduction of 37 % compared to baseline should be established.
Amendment 509 #
Proposal for a regulation
Recital 92
Recital 92
(92) Member States may achieve these targets by economic instruments and other measures to provide incentives for the application of the waste hierarchy, including measures to be implemented through extended producer responsibility schemes, and by promoting the setting up and effective operation of systems for re- use and encouraging economic operators to offer the end users further possibilities to refill. Such measures should be adopted in parallel and in addition to other measures under this Regulation aiming at packaging and packaging waste reduction, such as requirements on packaging minimisation, re-use and refill targettargets, refill obligations, volume thresholds and measures to achieve the sustained reduction of consumption of lightweight plastic carrier bags. A Member State may, while observing the general rules laid down in the Treaty and complying with the provisions set out in this Regulation, adopt provisions which go beyond the minimum targets set out in this Regulation.
Amendment 534 #
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 in such cases 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 also accommodate reusable packaging. 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, to adopt provisions which go beyond the minimum requirements set out in this Regulation.
Amendment 541 #
Proposal for a regulation
Recital 107
Recital 107
Amendment 547 #
Proposal for a regulation
Recital 108
Recital 108
(108) As a specific packaging waste generation prevention measure, Member States should actively encourage the re-use and refill solutions. They should support the establishment of systems for re-use and refill and monitor their functioning and compliance with the hygiene standards. Member States are encouraged to take also other measures, such as setting up deposit and return systems covering reusable packaging formats, using economic incentives or establishing requirements for final distributors to make available a certain percentage of other products than those covered by re-use and refill targets in reusable packaging or through refilltargets and refill obligations provided that such requirements will not result in fragmentation of single market and creation of trade barriers.
Amendment 559 #
Proposal for a regulation
Recital 119
Recital 119
(119) In order to establish the methodology for assessbe able to assess the requirement of the at scale recyclability, Member States should also report data on recycling rates of packaging waste per packaging material and type, amounts of separately collected packaging waste for each packaging material, amounts of packaging waste placed on the market per material and packaging type, and installed capacities of sorting and recycling. Reporting should be done annually.
Amendment 560 #
Proposal for a regulation
Recital 121
Recital 121
(121) In order to ensure uniform conditions for the implementation of the reporting obligations, the power to adopt implementing acts in accordance with Article 291 of the Treaty should be delegated to the Commission to establish rules for calculation and verification of data on attainment of the recycling targets, separate collection rates of packaging covered by the deposit and return system, and data necessary for establishing the methodology for recyclability at scale assessment. This implementing act should also include rules for determination of the amount of packaging waste generated as well as lay down the format for reporting of data. It should also establish the methodology for the calculation of the annual consumption of lightweight plastic carrier bags per person and the format for reporting of this data, as this is necessary to support the monitoring and the full implementation of the substantive requirements related to plastic carrier bags, in particular to ensure disaggregated and mandatory reporting on different categories of plastic carrier bags. This implementing act should replace Commission Decisions (EU) 2018/89671and 2005/270/EC72. _________________ 71 Commission Implementing Decision (EU) 2018/896 of 19 June 2018 laying down the methodology for the calculation of the annual consumption of lightweight plastic carrier bags and amending Decision 2005/270/EC (OJ L 160, 25.6.2018, p. 6). 72 Commission Decision 2005/270/EC of 22 March 2005 establishing the formats relating to the database system pursuant to Directive 94/62/EC of the European Parliament and of the Council on packaging and packaging waste (OJ L 86, 5.4.2005, p. 6).
Amendment 565 #
Proposal for a regulation
Recital 135
Recital 135
(135) To enhance public trust in packaging placed on the market, in particular as regards compliance with sustainability requirements, the economic operators placing non-compliant packaging on the market or who do not comply with their obligations should be subject to penalties. It is therefore necessary that Member States lay down effective, proportionate and dissuasive penalties in national law for failure to comply with this Regulation. To facilitate more consistent application of penalties, common non- exhaustive criteria should be established for determining the types and levels of penalties to be imposed in case of infringements of this Regulation. These criteria should include, inter alia, the nature and gravity of the infringement and the economic benefits derived from and the environmental damage caused by the infringement, insofar as these can be determined.
Amendment 603 #
Proposal for a regulation
Article 3 – paragraph 1 – point 1 – point f
Article 3 – paragraph 1 – point 1 – point f
(f) tea or coffee bags necessary toincluding soft pad single-serve units that contain a tea or coffee product and that are intended to be used and disposed of together with the product;
Amendment 613 #
Proposal for a regulation
Article 3 – paragraph 1 – point 1 – point g
Article 3 – paragraph 1 – point 1 – point g
(g) rigid coffee or tea system single- serve unit necessary to contain a coffee or tea product and intended to be used and disposed of together with the product;
Amendment 649 #
Proposal for a regulation
Article 3 – paragraph 1 – point 22
Article 3 – paragraph 1 – point 22
(22) ‘re-use’ means any operation by which reusable packaging is used again several times for the same purpose for which it was conceived;
Amendment 680 #
Proposal for a regulation
Article 3 – paragraph 1 – point 31
Article 3 – paragraph 1 – point 31
(31) ‘design for recycling’ means design of packaging, including individual components of packaging, in order to ensure its recyclabilitythat it is suited for high-quality mechanical recycling with state-of-the-art collection, sorting and recycling processes;
Amendment 683 #
Proposal for a regulation
Article 3 – paragraph 1 – point 32 a (new)
Article 3 – paragraph 1 – point 32 a (new)
(32a) 'high-quality mechanical 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 waste material collected is preserved or recovered during that recovery operation, so that it can be subsequently used in the same way and for a similar application, with minimal loss of quantity, quality or function;
Amendment 692 #
Proposal for a regulation
Article 3 – paragraph 1 – point 32
Article 3 – paragraph 1 – point 32
(32) ‘recycled at scale’ means that the packaging waste is accepted for recycling by producer responsibility organisations collecteding, sorteding and recycling packaging wasted through installed state- of-the-art infrastructure and processes, in Member States covering at least 75 90% of the Union population, including packaging waste exported from the Union that meets the requirements of Article 47(5) ;
Amendment 727 #
Proposal for a regulation
Article 3 – paragraph 1 – point 37
Article 3 – paragraph 1 – point 37
Amendment 761 #
Proposal for a regulation
Article 3 – paragraph 1 – point 43 a (new)
Article 3 – paragraph 1 – point 43 a (new)
(43a) 'bio-based plastic' means a plastic material that is entirely made from biological resources instead of fossil raw materials;
Amendment 819 #
Proposal for a regulation
Article 5 – paragraph 1
Article 5 – paragraph 1
1. Packaging shall be so manufactured that the presence and concentration ofno later than 1 January 2027 they do not contain any substances of concern 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, unless their use is essential and there are no safer alternative substances or materials without substances of concern.
Amendment 832 #
Proposal for a regulation
Article 5 – paragraph 2 a (new)
Article 5 – paragraph 2 a (new)
2a. Food packaging containing Bisphenols shall not be placed on the market.
Amendment 840 #
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. TheyThe Commission is empowered to adopt delegated acts in accordance with Article 58 to modify this Regulation in order to allow the use of certain substances of concern in certain packaging when found to be essential and where there are no safer alternative substances or materials without substances of concern. Recyclability requirements established in delegated acts adopted pursuant to Article 6(4) shall address, as appropriate, substances of concern that negatively affect the re-use, sorting 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. Or. en (Linked to the amendment to paragraph 1 by the same author)
Amendment 851 #
Proposal for a regulation
Article 5 – paragraph 5 – point a
Article 5 – paragraph 5 – point a
(a) lower the sum of concentration levels of lead, cadmium, mercury and hexavalent chromium resulting from substances present in packaging or packaging components referred to in paragraph 2;
Amendment 852 #
Proposal for a regulation
Article 5 – paragraph 5 – point b
Article 5 – paragraph 5 – point b
Amendment 863 #
Proposal for a regulation
Article 6 – paragraph 1
Article 6 – paragraph 1
1. All packaging shall be recyclable by 1 January 2030 at the latest.
Amendment 877 #
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 high-quality mechanical recycling;
Amendment 903 #
Proposal for a regulation
Article 6 – paragraph 2 – subparagraph 2
Article 6 – paragraph 2 – subparagraph 2
Amendment 924 #
Proposal for a regulation
Article 6 – paragraph 3
Article 6 – paragraph 3
Amendment 964 #
Proposal for a regulation
Article 6 – paragraph 4 – subparagraph 1
Article 6 – paragraph 4 – subparagraph 1
Amendment 975 #
Proposal for a regulation
Article 6 – paragraph 4 – subparagraph 2
Article 6 – paragraph 4 – subparagraph 2
The Commission is empowered to adopt delegated acts in accordance with Article 58 to amend Table 1 of Annex II in order to adapt it to scientific and technical development in material and product design, collection, sorting and recycling infrastructure.
Amendment 977 #
Proposal for a regulation
Article 6 – paragraph 4 a (new)
Article 6 – paragraph 4 a (new)
Amendment 984 #
Proposal for a regulation
Article 6 – paragraph 5 – subparagraph 1
Article 6 – paragraph 5 – subparagraph 1
From 1 January 2030, packaging shall not be considered recyclable if it corresponds to performance grade C, D and E under the design for recycling criteria established in the delegated act adopted pursuant to paragraph 4 for the packaging category, to which the packaging belongs.
Amendment 1001 #
Proposal for a regulation
Article 6 – paragraph 6 – introductory part
Article 6 – paragraph 6 – introductory part
6. The Commission shall, for each packaging type listed in Table 1 of Annex II, establish the methodology to assess if packaging is recyclable at scale. That methodologyassessment shall be based at least on the following elements:
Amendment 1035 #
Proposal for a regulation
Article 6 – paragraph 8 – subparagraph 1
Article 6 – paragraph 8 – subparagraph 1
Compliance with the requirements set out in paragraphs 2 and 3 shall be demonstrated in the technical documentation concerning the packaging as set out in Annex VII and confirmed by an audit by an independent and accredited third party with appropriate qualifications.
Amendment 1045 #
Proposal for a regulation
Article 6 – paragraph 9
Article 6 – paragraph 9
Amendment 1227 #
Proposal for a regulation
Article 7 – paragraph 4
Article 7 – paragraph 4
4. Paragraphs 1 and 2 shall not apply to compostable plastic packaging that is fully compostable.
Amendment 1237 #
Proposal for a regulation
Article 7 – paragraph 5 a (new)
Article 7 – paragraph 5 a (new)
5a. Any claims with regard to recycled content may only be made on packaging if the percentage of recycled content is above the minimum percentage pursuant to paragraphs 1 and 2 and is achieved for the unit of packaging concerned.
Amendment 1345 #
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. provided as primary packaging for loose food when this helps to prevent food wastage shall be compostable to home composting standards in industrially controlled conditions in bio-waste treatment facilities. Or. en (Linked to the amendment introducing a new Article 8a by the same author.)
Amendment 1397 #
Proposal for a regulation
Article 8 a (new)
Article 8 a (new)
Article8a Refillable packaging By [OP: please insert the date = 24 months from the entry into force of this Regulation], packaging referred to in Article 3(1), points (g) shall be refillable.
Amendment 1398 #
Amendment 1413 #
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 is subject to geographical indications of origin protected under Union legislation.
Amendment 1440 #
Proposal for a regulation
Article 9 – paragraph 3 a (new)
Article 9 – paragraph 3 a (new)
Amendment 1461 #
Proposal for a regulation
Article 10 – paragraph 1 – point a
Article 10 – paragraph 1 – point a
(a) it has been conceived, designed and placed on the market with the objective to be re-used for refilledmultiple times for the same purpose;
Amendment 1468 #
Proposal for a regulation
Article 10 – paragraph 1 – point b
Article 10 – paragraph 1 – point b
(b) it has been conceived and designed to accomplish as many trips or rotations as possible in normally predictable conditions of use, with a minimum of 10 rotations;
Amendment 1486 #
Proposal for a regulation
Article 10 – paragraph 1 – point h a (new)
Article 10 – paragraph 1 – point h a (new)
(ha) it is part of a system for reuse in line with Annex VI, Part A, and subject to a financial incentive to ensure its return.
Amendment 1489 #
Proposal for a regulation
Article 10 – paragraph 1 a (new)
Article 10 – paragraph 1 a (new)
1a. The Commission is empowered to adopt delegated acts in accordance with Article 58 to modify the conditions in Article 10(1) and to establish a minimum number of rotations for reusable packaging in specific packaging categories.
Amendment 1494 #
Proposal for a regulation
Article 10 – paragraph 2 a (new)
Article 10 – paragraph 2 a (new)
2a. Member States may mandate producers to use standardised packaging formats to facilitate reuse.
Amendment 1614 #
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.
Amendment 1665 #
Proposal for a regulation
Article 21 – paragraph 1
Article 21 – paragraph 1
1. EWithout prejudice to the requirements in Annex IV, Part I and II, economic operators who supply products to a final distributor or an end user in single use grouped packaging, transport packaging or e-commerce packaging, shall ensure that the empty space ratio is maximum 420 %.
Amendment 1716 #
Proposal for a regulation
Article 22 – paragraph 2
Article 22 – paragraph 2
Amendment 1728 #
Proposal for a regulation
Article 22 – paragraph 3
Article 22 – paragraph 3
Amendment 1755 #
Proposal for a regulation
Article 22 – paragraph 4 a (new)
Article 22 – paragraph 4 a (new)
4a. Member States, regional or local authorities may adopt restrictions on the use of packaging formats other than those listed in Annex V to reduce packaging waste.
Amendment 1774 #
Proposal for a regulation
Article 25 – paragraph -1 (new)
Article 25 – paragraph -1 (new)
-1. The economic operators referred to in Article 26 (2) and (3) shall offer the possibility to end users to use their own containers to take away beverages or food.
Amendment 1778 #
Proposal for a regulation
Article 25 – paragraph 4 a (new)
Article 25 – paragraph 4 a (new)
4a. From 1 January 2030, retailers larger than 400 m2 shall dedicate at least 20 % of their space to refill stations for both food and non-food products.
Amendment 1783 #
Proposal for a regulation
Article 26 – title
Article 26 – title
Re-use and refill targetstargets (Horizontal amendment - this amendment applies throughout the whole text)
Amendment 1817 #
Proposal for a regulation
Article 26 – paragraph 2 – point a
Article 26 – paragraph 2 – point a
(a) from 1 January 2030, 20 % of those beverages are made available in reusable packaging within a system for re-use or by enabling refill;
Amendment 1826 #
Proposal for a regulation
Article 26 – paragraph 2 – point b
Article 26 – paragraph 2 – point b
(b) from 1 January 2040, 80 % of those beverages are made available in reusable packaging within a system for re-use or by enabling refill.
Amendment 1842 #
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, shall ensure that:
Amendment 1848 #
Proposal for a regulation
Article 26 – paragraph 3 – point a
Article 26 – paragraph 3 – point a
(a) from 1 January 2030, 10 % of those products are made available in reusable packaging within a system for re-use or by enabling refill;
Amendment 1855 #
Proposal for a regulation
Article 26 – paragraph 3 – point b
Article 26 – paragraph 3 – point b
(b) from 1 January 2040, 40 % of those products are made available in reusable packaging within a system for re-use or by enabling refill.
Amendment 1860 #
Proposal for a regulation
Article 26 – paragraph 3 a (new)
Article 26 – paragraph 3 a (new)
3a. Where a final distributor makes non-alcoholic beverages in sales packaging available on the market within the territory of a Member State, it shall ensure that: a) from 1 January 2030, 20 % of those products are made available in reusable packaging within a system for re-use; (b) from 1 January 2040, 75 % of those products are made available in reusable packaging within a system for re-use.
Amendment 1861 #
Proposal for a regulation
Article 26 – paragraph 3 b (new)
Article 26 – paragraph 3 b (new)
3b. Where a final distributor makes alcoholic beverages in sales packaging available on the market within the territory of a Member State, it shall ensure that: (a) from 1 January 2030, 20 % of those products are made available in reusable packaging within a system for re-use; (b) from 1 January 2040, 75 % of those products are made available in reusable packaging within a system for re-use.
Amendment 1942 #
Proposal for a regulation
Article 26 – paragraph 7 – introductory part
Article 26 – paragraph 7 – introductory part
7. Economic operators using transport packaging in the form of boxes, pallets, plastic crates, foldable plastic boxes, pails and drums for the conveyance or packaging of products in conditions other than provided for under paragraphs 12 and 13 shall ensure that:
Amendment 1947 #
Proposal for a regulation
Article 26 – paragraph 7 – point a
Article 26 – paragraph 7 – point a
(a) from 1 January 2030, 350 % of such packaging used is reusable packaging within a system for re-use;
Amendment 1962 #
Proposal for a regulation
Article 26 – paragraph 8 – point a
Article 26 – paragraph 8 – point a
(a) from 1 January 2030, 120 % of such packaging used is reusable packaging within a system for re-use;
Amendment 1971 #
Proposal for a regulation
Article 26 – paragraph 8 – point b
Article 26 – paragraph 8 – point b
(b) from 1 January 2040, 580 % of such packaging used is reusable packaging within a system for re-use;
Amendment 1989 #
Proposal for a regulation
Article 26 – paragraph 9 – point a
Article 26 – paragraph 9 – point a
(a) from 1 January 2030, 120 % of such packaging used is reusable packaging within a system for re-use;
Amendment 1998 #
Proposal for a regulation
Article 26 – paragraph 9 – point b
Article 26 – paragraph 9 – point b
(b) from 1 January 2040, 3075 % of such packaging used for transport is reusable packaging within a system for re-use;
Amendment 2014 #
Proposal for a regulation
Article 26 – paragraph 10 – introductory part
Article 26 – paragraph 10 – introductory part
10. Economic operators using grouped packaging in the form of boxes, excluding cardboard, used outside of sales packaging to group a certain number of products to create a stock-keeping unit shall ensure that:
Amendment 2059 #
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 2089 #
Proposal for a regulation
Article 26 – paragraph 13 – subparagraph 2
Article 26 – paragraph 13 – subparagraph 2
This obligation applies to pallets, boxes, excluding cardboard, plastic crates intermediate bulk containers, and drums, of all sizes and materials, including flexible formats.
Amendment 2139 #
Proposal for a regulation
Article 26 – paragraph 16 – point b
Article 26 – paragraph 16 – point b
Amendment 2147 #
Proposal for a regulation
Article 26 – paragraph 16 – point c
Article 26 – paragraph 16 – point c
(c) exemptions for specific packaging formats covered by the targets laid down in paragraphs 2 to 6 of this Article in case of hygiene, or food safety or environmental issues preventing the achievement of those targets.
Amendment 2184 #
Proposal for a regulation
Chapter V – title
Chapter V – title
V Plastic and paper carrier bags
Amendment 2185 #
Proposal for a regulation
Article 29 – title
Article 29 – title
29 Plastic and paper carrier bags
Amendment 2193 #
Proposal for a regulation
Article 29 – paragraph 1 – subparagraph 1
Article 29 – paragraph 1 – subparagraph 1
Member States shall take measures to achieve a sustained reduction in the consumption of lightweight plastic and paper carrier bags on their territory.
Amendment 2194 #
Proposal for a regulation
Article 29 – paragraph 1 – subparagraph 2
Article 29 – paragraph 1 – subparagraph 2
A sustained reduction of lightweight plastic carrier bags is achieved if the annual consumption does not exceed 40 lightweight plastic carrier bags per person, or the equivalent target in weight, by 31 December 2025, and subsequently by 31 December in each year thereafter. A sustained reduction of paper carrier bags is achieved if the annual consumption does not exceed 40 paper carrier bags per person, or the equivalent target in weight, by 31 December 2027, and subsequently by 31 December in each year thereafter.
Amendment 2200 #
Proposal for a regulation
Article 29 – paragraph 2
Article 29 – paragraph 2
2. Measures to be taken by Member States to meet the target set out in paragraph 1 may vary depending on the environmental impact of lightweight plastic carrier bags or paper carrier bags when they are manufactured, recycled or disposed of, and their composting properties, durability or specific intended use. Such measures may, by way of derogation from Article 4, include marketing restrictions, provided that they are proportionate and non- discriminatory.
Amendment 2207 #
Proposal for a regulation
Article 29 – paragraph 4
Article 29 – paragraph 4
4. Member States may exclude very lightweight plastic carrier bags or paper bags, which are required for hygiene purposes or provided as sales packaging for loose food to prevent food wastage from the obligations set out in paragraph 1.
Amendment 2209 #
Proposal for a regulation
Article 29 – paragraph 4 a (new)
Article 29 – paragraph 4 a (new)
4a. Member States shall take measures to require that reusable carrier bags are offered for sale wherever lightweight plastic carrier bags or paper carrier bags are made available.
Amendment 2228 #
Proposal for a regulation
Article 38 – paragraph 1 – point a
Article 38 – paragraph 1 – point a
(a) 510 % by 2030;
Amendment 2235 #
Proposal for a regulation
Article 38 – paragraph 1 – point b
Article 38 – paragraph 1 – point b
(b) 105 % by 2035;
Amendment 2237 #
Proposal for a regulation
Article 38 – paragraph 1 – point c
Article 38 – paragraph 1 – point c
(c) 1520 % by 2040.
Amendment 2249 #
Proposal for a regulation
Article 38 – paragraph 2 a (new)
Article 38 – paragraph 2 a (new)
2a. For the purpose of paragraph 2, Member States shall ensure that customers in restaurants, canteens, bars, cafés and catering services may request to be served tap water for free or for a low service fee.
Amendment 2256 #
Proposal for a regulation
Article 38 – paragraph 3 a (new)
Article 38 – paragraph 3 a (new)
3a. For the purpose of paragraph 2, Member States shall ensure that single use packaging for take-away shall not be made available at a lower price than reusable packaging at the point of sale of goods or products.
Amendment 2259 #
Proposal for a regulation
Article 38 – paragraph 3 b (new)
Article 38 – paragraph 3 b (new)
3b. For the purpose of paragraph 2, Member States shall establish ‘Pay-as- you-throw’ schemes by 1 January 2026 that charge waste producers for residual waste generated.
Amendment 2262 #
Proposal for a regulation
Article 38 – paragraph 4
Article 38 – paragraph 4
4. By [OP: Please insert the date = 8 years after the date of entry into force of this Regulation], the Commission shall review the targets laid down in paragraph 1 with the view to the need to strengthen them. To that end, the Commission shall submit a report to the European Parliament and to the Council, accompanied, if the Commission finds it appropriate, by a legislative proposal to strengthen the targets.
Amendment 2285 #
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, as well as fulfilment service providers, allowing consumers to conclude distance contracts with producers shall obtain the following information from producers offering packaging to consumers located in the Union prior to allowing them to conclude sales on their platform or use their services:
Amendment 2289 #
Proposal for a regulation
Article 40 – paragraph 3 a (new)
Article 40 – paragraph 3 a (new)
3a. Member States shall ensure that extended producer responsibility schemes for packaging dedicate a minimum of 10% of their budget to finance systems for re-use.
Amendment 2290 #
Proposal for a regulation
Article 40 – paragraph 3 b (new)
Article 40 – paragraph 3 b (new)
3b. Member States shall ensure that the producers of packaging cover the costs pursuant to the extended producer responsibility provisions in Directives 2008/98/EC and 94/62/EC and, insofar as not already included, cover at least the following costs: (a) the costs of waste collection for those products that are discarded in public collection systems, including the infrastructure and its operation, and the subsequent transport and treatment of that waste; and (b) the costs of cleaning up litter resulting from those products and the subsequent transport and treatment of that litter. The costs to be covered shall be established in a transparent way. The costs of cleaning up litter shall be limited to activities undertaken by public authorities or on their behalf. The calculation methodology shall be developed in a way that allows for the costs of cleaning up litter to be established in a proportionate way on the basis of the packaging formats that are more prone to be littered or not separately collected.
Amendment 2326 #
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, as well as fulfilment service providers, allowing consumers to conclude distance contracts with producers shall obtain the following information from producers offering packaging to consumers located in the Union prior to allowing them to conclude sales on their platform or use their services:
Amendment 2328 #
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, as well as fulfilment service providers, allowing consumers to conclude distance contracts with producers shall obtain the following information from producers offering packaging to consumers located in the Union prior to allowing them to conclude sales on their platform or use their services:
Amendment 2332 #
Proposal for a regulation
Article 40 – paragraph 3 a (new)
Article 40 – paragraph 3 a (new)
3a. Member States shall ensure that extended producer responsibility schemes for packaging dedicate a minimum of 10% of their budget to finance systems for re-use.
Amendment 2333 #
Proposal for a regulation
Article 40 – paragraph 3 a (new)
Article 40 – paragraph 3 a (new)
3a. Member States shall ensure that extended producer responsibility schemes for packaging dedicate a minimum of 10% of their budget to finance systems for re-use.
Amendment 2334 #
Proposal for a regulation
Article 40 – paragraph 3 b (new)
Article 40 – paragraph 3 b (new)
3b. Member States shall ensure that the producers of packaging cover the costs pursuant to the extended producer responsibility provisions in Directives 2008/98/EC and 94/62/EC and, insofar as not already included, cover at least the following costs: (a) the costs of waste collection for those products that are discarded in public collection systems, including the infrastructure and its operation, and the subsequent transport and treatment of that waste; and (b) the costs of cleaning up litter resulting from those products and the subsequent transport and treatment of that litter. The costs to be covered shall be established in a transparent way. The costs of cleaning up litter shall be limited to activities undertaken by public authorities or on their behalf. The calculation methodology shall be developed in a way that allows for the costs of cleaning up litter to be established in a proportionate way on the basis of the packaging formats that are more prone to be littered or not separately collected.
Amendment 2714 #
Proposal for a regulation
Annex V – row 1
Annex V – row 1
Plastic packaging used at retail level to Collation Single-use group goods sold in bottles, cans, tins, pots, tubs, films, shrink 1. Single-useplastic tubs, and packets designed as convenience wrap 1. plasticgrouped packaging to enable or encourage end users groupedpackaging to purchase more than one product. This packaging excludes grouped packaging necessary to facilitate handling in distribution.
Amendment 2732 #
Proposal for a regulation
Annex V – row 5
Annex V – row 5
Shampoo bottles, hand and body Single use For cosmetics, hygiene and toiletry products lotion bottles, 5. hotel miniature of less than 5100 ml for liquid products or less sachets packaging less than 100 g for non-liquid products around miniature bar soap
Amendment 2736 #
Proposal for a regulation
Annex V – row 5 a (new)
Annex V – row 5 a (new)
(5a) Single use For suitcases and bags Shrink wrap plastic packaging in airports
Amendment 2738 #
Proposal for a regulation
Annex V – row 5 b (new)
Annex V – row 5 b (new)
(5b) Single use Single use plastic wrapping for books, Wrappings plastic CDs, vinyls, packaging
Amendment 2740 #
Proposal for a regulation
Annex V – row 5 c (new)
Annex V – row 5 c (new)
(5c) Single use Single use plastic packaging for textiles in Bags, plastic retail, including textiles after dry cleaning casings, packaging wrappings