Activities of Johan NISSINEN related to 2022/0396(COD)
Shadow opinions (1)
OPINION 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 (34)
Amendment 105 #
Proposal for a regulation
Recital 7
Recital 7
(7) The Council underlined in its Conclusions of December 202038 , that the revision of Directive 94/62/EC should update and establish more concrete, effective and easy to implement provisions to facilitate sustainable packaging in the internal market and minimise the complexity of packaging in order to foster economically feasible solutions, to improve the reusability and recyclability as well as minimise substances of concern in packaging materials, especially concerning food packaging materials, - while upholding food safety and hygiene standards - and to provide for labelling packaging in an easily understandable way to inform consumers about its recyclability and where its waste should be discarded to facilitate sorting and recycling. _________________ 38 https://data.consilium.europa.eu/doc/docu ment/ST-13852-2020-INIT/en/pdf
Amendment 108 #
Proposal for a regulation
Recital 10 a (new)
Recital 10 a (new)
(10a) All objectives put forth must rely on scientific and material-specific data encompassing climate and environmental benefits, logistics, hygiene considerations, as well as the significance of achieving a high return rate while minimizing waste and losses. Consequently, rules on reuse should be preceded by impartial comparisons conducted from a holistic system and life cycle standpoint.
Amendment 112 #
Proposal for a regulation
Recital 12
Recital 12
(12) In line with the waste hierarchy set out in Article 4(2) of Directive 2008/98/EC, and in line with life-cycle thinking to deliver the best overall environmental outcome, the measures provided for under this Regulation aim at reducing the amount of packaging placed on the market in terms of its volume and weight, and preventing the generation of packaging waste, especially through packaging minimisation, avoiding packaging where it is not needed, and increased re-use of packaging, when sufficient evidence proves that reusable packaging benefits the environment compared to single-use packaging. In addition, the measures aim at increasing the use of recycled content in packaging, especially in plastic packaging where the uptake of recycled content is very low, as well as higher recycling rates for all packaging and high quality of the resulting secondary raw materials while reducing other forms of recovery and final disposal.
Amendment 129 #
Proposal for a regulation
Recital 23
Recital 23
(23) In order to stimulate innovation in packaging, it is appropriate to allow that packaging, which presents innovative features resulting in significant improvement in the core function of packaging and has demonstrable environmental benefits, is given limited additional time of fiseven years to comply with the recyclability requirements. The innovative features should be explained in the technical documentation accompanying the packaging.
Amendment 258 #
Proposal for a regulation
Article 3 – paragraph 1 – point 59 a (new)
Article 3 – paragraph 1 – point 59 a (new)
(59a) ”online marketplace” means a provider of an intermediary service using software, including a website, part of a website or an application, that allows customers to conclude distance contracts with economic operators for the sale of products or services.
Amendment 275 #
Proposal for a regulation
Article 4 – paragraph 5
Article 4 – paragraph 5
5. In addition to Member States may not provide for further labelling requirements laid down in Article 11, Member States may provide for further labelling requirements, for the purpose of identifying, unless such labelling requirements are strictly necessary to ensure the identification of the extended producer responsibility scheme or a deposit and return system other than those referred to in Article 44(1).
Amendment 283 #
Proposal for a regulation
Article 5 – paragraph 4
Article 5 – paragraph 4
4. Recyclability requirements established in delegated acts adopted pursuant to Article 6(5) shall not restrict the presence of substances in packaging or packaging components for reasons relating primarily to chemical safety. They shall address, as appropriate, substances of concern that negatively affect the re-use and recycling of materials in the packaging in which they are present, and shall, as appropriate, identify the specific substances concerned and their associated criteria and limitations.
Amendment 302 #
Proposal for a regulation
Article 6 – paragraph 2 – subparagraph 2
Article 6 – paragraph 2 – subparagraph 2
Points (a) to (d) shall apply from 1 January 2030 and point (e) shall apply from 1 January 2035.
Amendment 307 #
Proposal for a regulation
Article 6 – paragraph 3
Article 6 – paragraph 3
3. Recyclable packaging shall, from 1 January 2030, comply with the design for recycling criteria as laid down in the delegated actCEN standards adopted pursuant to paragraph 4 and, from 1 January 2035, also with the recyclability at scale requirements laid down in the delegated actCEN standards adopted pursuant to paragraph 6. Where such packaging complies with those delegated actstandards, it shall be considered to comply with paragraph 2, points (a) and (e).
Amendment 311 #
Proposal for a regulation
Article 6 – paragraph 4 – subparagraph 1
Article 6 – paragraph 4 – subparagraph 1
The Commission is empowered to adopt delegated acts in accordance with Article 58 to supplement this Regulation in ordershall request the CEN- European Committee for Standardisation, to develop harmonised standards to establish design for recycling criteria and recycling performance grades based on the criteria and parameters listed in Table 2 of Annex II for packaging categories listed in Table 1 of that Annex, as well as. The Commission is empowered to adopt delegated acts in accordance with Article 58 to lay down the rules concerning the modulation of financial contributions to be paid by producers to comply with their extended producer responsibility obligations set out in Article 40(1), based on the packaging recycling performance grade, and for plastic packaging, the percentage of recycled cont. Design-for- recycling criteria shall consider article 6.2 of this regulation and shall cover all packaging components. Design-for-recycling criteria shall consider state of the art collection, sorting and recycling processes and shall cover all packaging components. The Commission is empowered to adopt delegated acts in accordance with Article 58 to amend Table 1 of Annex in order to adapt it to scientific and technical development in material and product design, collection, sorting and recycling infrastructure.
Amendment 324 #
Proposal for a regulation
Article 6 – paragraph 5 – subparagraph 1
Article 6 – paragraph 5 – subparagraph 1
From 1 January 2030, packaging shallould not be considered recyclableplaced on the market if it corresponds to performance grade E under the design for recycling criteria established in the delegated actCEN standards adopted pursuant to paragraph 4 for the packaging category, to which the packaging belongs.
Amendment 335 #
Proposal for a regulation
Article 6 – paragraph 8 – subparagraph 4
Article 6 – paragraph 8 – subparagraph 4
All components of a unit of packaging shall be compatible with the state of the art collection, sorting and recycling processesarticle 6.2 of this regulation and shall not hinder the recyclability of the main body of the unit of packaging.
Amendment 346 #
Proposal for a regulation
Article 6 – paragraph 11
Article 6 – paragraph 11
11. The financial contributions to be paid by producers to comply with their extended producer responsibility obligations as referred to in Article 40 shall be modulated on the basis of the recyclability performance grade, as determined in accordance with the delegated actsCEN standard referred to in paragraphs 4 and 6 of this Article and, as regards plastic packaging, also in accordance with the Article 7(6).
Amendment 354 #
Proposal for a regulation
Article 7 – paragraph 1 – introductory part
Article 7 – paragraph 1 – introductory part
1. From 1 January 2030, the plastic part in packaging placed on the market shall contain the following minimum percentage of recycled content recovered from post-consumer plastic waste, per uniformat of packaging, per plant, per year:
Amendment 371 #
Proposal for a regulation
Article 7 – paragraph 2 – introductory part
Article 7 – paragraph 2 – introductory part
2. From 1 January 2040, the plastic part in packaging placed on the market shall contain the following minimum percentage of recycled content recovered from post-consumer plastic waste, per unit offormat packaging, per plant, per year:
Amendment 392 #
Proposal for a regulation
Article 7 – paragraph 4
Article 7 – paragraph 4
4. Paragraphs 1 and 2 shall not apply to compostable plastic packaging as well as to plastic packaging based on renewable raw materials, to inks, adhesives, varnishes and coatings used on packaging.
Amendment 395 #
Proposal for a regulation
Article 7 – paragraph 6
Article 7 – paragraph 6
Amendment 420 #
Proposal for a regulation
Article 7 – paragraph 10
Article 7 – paragraph 10
10. Where justified by the lack of availability or excessive prices of specific recycled plastics that may have adverse effects onthat may result in adverse effects on European market development, human or animal health, security of food supply or, the environment, or by lack of legally approved recycling methodologies and of availability of separate collection and sorting infrastructure, making compliance with the minimum percentages of recycled content set out in paragraphs 1 and 2 excessively difficult, the Commission shall be empowered to adopt a delegated act in accordance with Article 58 to amend paragraphs 1 and 2 by adjusting the minimum percentages accordingly. In addition, the Commission shall regularly report to the European Parliament and the Council of the European Union on the reasonable possibilities of meeting the requirements in paragraph 1 and 2. In evaluating the justification of such adjustment, the Commission shall assess requests from natural or legal persons to be accompanied by relevant information and data on the market situation for this post-consumer plastic waste and best available evidence regarding the related risks to human or animal health, to the security of food supply or to the environment.
Amendment 429 #
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 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 not be manufactured from compostable packaging.
Amendment 434 #
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. Packaging designed for the presentation of a product may be placed on the market provided that this is clearly justified based on the characteristics of the product.
Amendment 458 #
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], packagingadoption of the implementing acts referred to in paragraph 5 and 6], packaging placed on the market shall be marked with a label containing information on its material composition. This obligation does not apply to transport packaging. However, it applies to e-commerce packaging.
Amendment 469 #
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 addition to the labelling referred to in the first subparagraph, be marked with a harmonised label established in the relevant implementing act adopted pursuant to paragraph 5. Such packaging shall be exempt from the labelling requirements referred to in the first paragraph.
Amendment 493 #
Proposal for a regulation
Article 12 a (new)
Article 12 a (new)
Article12a Packaging Forum The Commission shall ensure that when it conducts its activities, it ensures a balanced participation of Member States’ representatives and all interested parties involved with the packaging industry, including waste treatment industry representatives, manufacturers and packaging suppliers, distributers, retailers, importers, SMEs, environmental protection groups and consumer organisations. Those parties shall contribute in particular to preparing the delegated and implementing acts provided for in this Regulation to develop and further detail the sustainability requirements and examining the effectiveness of the established market surveillance mechanisms. To that end, the Commission shall establish an expert group, in which those parties shall meet, referred to as the ‘Packaging Forum’.
Amendment 503 #
Proposal for a regulation
Article 21 – paragraph 1
Article 21 – paragraph 1
1. EFrom 1 January 2030, economic operators who supply products to a final distributor or an end user in grouped packaging, transport packaging or e- commerce packaging, shall ensure that the empty space ratio is maximum 40 % as an average of all such packaging placed on the market by the economic operator per calendar year.
Amendment 684 #
Proposal for a regulation
Article 26 – paragraph 12 – subparagraph 1 – introductory part
Article 26 – paragraph 12 – subparagraph 1 – introductory part
Transport packaging used by an economic operator shall be reusable where it is used for transporting products, and provided that there is a system for re-use for such transport packaging:
Amendment 699 #
Proposal for a regulation
Article 26 – paragraph 13 – subparagraph 1
Article 26 – paragraph 13 – subparagraph 1
Amendment 762 #
Proposal for a regulation
Article 32 – paragraph 2 – subparagraph 1 – point a
Article 32 – paragraph 2 – subparagraph 1 – point a
(a) twhere is no harmonised standard covering the relevant requirements the reference of which is published in the Official Journal of the European Union or the standard does not satisfy the requirements it aims to cover;there is agreement with the standardisation organizations that it is appropriate
Amendment 763 #
Proposal for a regulation
Article 32 – paragraph 2 – subparagraph 1 – point b
Article 32 – paragraph 2 – subparagraph 1 – point b
Amendment 764 #
Proposal for a regulation
Article 32 – paragraph 2 – subparagraph 1 – point b – point i
Article 32 – paragraph 2 – subparagraph 1 – point b – point i
Amendment 765 #
Proposal for a regulation
Article 32 – paragraph 2 – subparagraph 1 – point b – point ii
Article 32 – paragraph 2 – subparagraph 1 – point b – point ii
Amendment 767 #
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. The conformity assessment may be performed on similar packaging with regard to their size, materials, characteristics and origin.
Amendment 768 #
Proposal for a regulation
Article 34 – paragraph 2
Article 34 – paragraph 2
2. The EU declaration of conformity shall have the model structure set out in Annex VIII, shall contain the elements specified in the module set out in Annex VII and shall be continuously updated. It shall be translated into the language or languages required by the Member State in which the packaging is placed on the market or made available on the market. The EU declaration of conformity may regard several packaging in accordance with the conformity assessment in Article 33.
Amendment 815 #
Proposal for a regulation
Article 52 – paragraph 1 – subparagraph 2
Article 52 – paragraph 1 – subparagraph 2
Where, in the course of that evaluation, the market surveillance authorities find that the packaging does not comply with the requirements laid down in this Regulation, they shall without delay require the relevant economic operator to take appropriate and proportionate corrective measures, within a reasonable period prescribed by the market surveillance authorities which is commensurate with the nature and, where relevant the degree of the non-compliance, to bring the packaging in compliance with those requirements. In case a packaging that is non-compliant with the obligations set out in this Regulation is sold, or made available, on an online marketplace, the market surveillance authorities shall notify such incompliance to the online marketplace and such notice shall be handled in accordance with Article 22 of Regulation 2022/2065 (the Digital Services Act).
Amendment 818 #
Proposal for a regulation
Article 56 – paragraph 3 a (new)
Article 56 – paragraph 3 a (new)
3a. (4.) In case a packaging that is non-compliant with the obligations set out in this Regulation is sold, or made available, on an online marketplace, the market surveillance authorities shall notify such incompliance to the online marketplace and such notice shall be handled in accordance with Article 22 of Regulation 2022/2065 (the Digital Services Act).