72 Amendments of Sirpa PIETIKÄINEN related to 2022/0396(COD)
Amendment 272 #
Proposal for a regulation
Recital 14
Recital 14
(14) In line with the objectives of the Circular Economy Action Plan42and the Chemicals Strategy for Sustainability43, the Farm to Fork Strategyand to ensure the sound management of chemicals throughout their life cycle and the transition to a toxic-free and circular economy, and considering the relevance of packaging in everyday life, it is necessary that this Regulation addresses impacts on human health and on the environment and on broader sustainability performance, including circularity, resulting from impacts of substances of concern on the wholthat may be present in each stage of thelife cycle of packaging, from manufacture to use and end-of life, including, disposal andwaste management. _________________ 42 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 A new Circular Economy Action Plan For a cleaner and more competitive Europe COM(2020)98 final. 43 Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions Chemicals Strategy for Sustainability Towards a Toxic-Free Environment, COM/2020/667 final.
Amendment 274 #
Proposal for a regulation
Recital 15
Recital 15
(15) Taking into consideration the scientific and technological progress, packaging should be designed and manufactured in a way as to limit the presence of certain heavy metals and other substances of concern in its composition linked with REACH regulation. 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 used in the manufacture of packaging, as constituents of packaging material or of any of the packaging components should be minimisedavoided during all life cycle stages of packaging, including the production and waste phases with the objective 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 280 #
Proposal for a regulation
Recital 15 a (new)
Recital 15 a (new)
(15a) Exposure to endocrine disruptors such as phthalates including DEHP, DEP, DiBP, BBzP and DnBP; and polyfluoroalkyl and perfluoroalkyl substances (particularly PFOA and PFOS), that may be present in food packaging and migrate to food, dust, air or water, has been linked with with a range of adverse human health effects. These phthalates need to be phased out. All endocrine disruptors shall be phased out starting from food packaging, pharmaceutical packaging and cosmetics.
Amendment 282 #
Proposal for a regulation
Recital 15 b (new)
Recital 15 b (new)
(15b) The principles set in this Regulation shall be subject for pharmaceutical packaging.
Amendment 295 #
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 and reusability of packaging, by harmonising the criteria and the methodology for assessing packaging recyclability and reusability based on a design for recycling and reusabilty 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 324 #
Proposal for a regulation
Recital 25
Recital 25
(25) Some Member States are taking action to encourage recyclability of packaging through modulation of extended producer responsibility fees; such initiatives taken at the national level may create regulatory uncertainty for the economic operators, in particular where they supply packaging in several Member States. At the same time, modulation of extended producer responsibility fees is an effective economic instrument to incentivise more sustainable packaging design leading to better recyclable and reusable packaging while improving the functioning of the internal market. It is therefore necessary to harmonise criteria for the modulation of extended producer responsibility fees based on the recyclabilityenvironmental performance grade obtained through recyclability and reusability assessment, while not setting the actual amounts of such fees. As the criteria should be related to the criteria on packaging recyclability, the reduction of material use and the switch to reusable packaging, it is appropriate to empower the Commission to adopt such harmonised criteria at the same time as establishing the detailed design for recycling criteria per packaging categories.
Amendment 325 #
Proposal for a regulation
Recital 26
Recital 26
(26) To ensure packaging circularity, packaging should be designed and manufactured in such a way as to allow for the increased substitution of virgin materials with recycled materials. The increased use of recycled materials supports the development of the circular economy with well-functioning markets for recycled materials, reduces costs, dependencies and negative environmental impacts related to the use of primary raw materials, and allows for a more resource- efficient use of materials. In relation to the different packaging materials, the lowest input of recycled materials is in plastic packaging. In order to address these concerns in the most appropriate manner, it is necessary to increase the uptake of recycled plastics, by establishing mandatory targets for recycled content in plastic packaging at different levels depending on the contact-sensitivity54of different plastic packaging applications, and ensuring that the targets become binding by 2030. In order to incrementally ensure packaging circularity, increased targets should apply as of 2040. Different recycling methods, such as mechanical, chemical, and carbon capture and utilisation (CCU), are necessary for the efficient recycling of materials.However, CCU should only be used for the incineration of waste that cannot be recycled using any other method.To verify the non-recyclability of waste, a guarantee of origin system is necessary to establish for waste too.This would increase transparency and prevent recyclable waste from ending up incinerated. _________________ 54 Contact sensitive packaging refers to plastic packaging of products covered by Regulation (EC) No 1831/2003 of the European Parliament and of the Council of 22 September 2003 on additives for use in animal nutrition (OJ L 268, 18.10.2003, p. 29), 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 (OJ L 338 13.11.2004, p. 4), Regulation (EC) No 767/2009 of the European Parliament and of the Council of 13 July 2009 on the placing on the market and use of feed, amending European Parliament and Council Regulation (EC) No 1831/2003 and repealing Council Directive 79/373/EEC, Commission Directive 80/511/EEC, Council Directives 82/471/EEC, 83/228/EEC, 93/74/EEC, 93/113/EC and 96/25/EC and Commission Decision 2004/217/EC (OJ L 229, 1.9.2009, p. 1), Regulation (EC) No 1223/2009 of the European Parliament and of the Council of 30 November 2009 on cosmetic products (recast) (OJ L 342, 22.12.2009, p. 59), Regulation (EU) 2017/745 of the European Parliament and of the Council of 5 April 2017 on medical devices, amending Directive 2001/83/EC, Regulation (EC) No 178/2002 and Regulation (EC) No 1223/2009 and repealing Council Directives 90/385/EEC and 93/42/EEC (OJ L 117, 5.5.2017, p. 1), Regulation (EU) 2017/746 of the European Parliament and of the Council of 5 April 2017 on in vitro diagnostic medical devices and repealing Directive 98/79/EC and Commission Decision 2010/227/EU (OJ L 117, 5.5.2017, p. 176), Regulation (EU) 2019/4 of the European Parliament and of the Council of 11 December 2018 on the manufacture, placing on the market and use of medicated feed, amending Regulation (EC) No 183/2005 of the European Parliament and of the Council and repealing Council Directive 90/167/EEC (OJ L 4, 7.1.2019, p. 1), Regulation (EU) 2019/6 of the European Parliament and of the Council of 11 December 2018 on veterinary medicinal products and repealing Directive 2001/82/EC (OJ L 4, 7.1.2019, p. 43), Directive 2001/83/EC of the European Parliament and of the Council of 6 November 2001 on the Community code relating to medicinal products for human use (OJ L 311, 28.11.2001, p. 67) and Directive 2008/68/EC of the European Parliament and of the Council of 24 September 2008 on the inland transport of dangerous goods (OJ L 260, 30.9.2008, p. 13–59).
Amendment 327 #
Proposal for a regulation
Recital 26
Recital 26
(26) To ensure packaging circularity, packaging should be designed and manufactured in such a way as to allow for the increased substitution of virgin materials with recycled materials. The increased use of recycled materials supports the development of the circular economy with well-functioning markets for recycled materials, reduces costs, dependencies and negative environmental impacts related to the use of primary raw materials, and allows for a more resource- efficient use of materials. In relation to the different packaging materials, the lowest input of recycled materials is in plastic packaging. In order to address these concerns in the most appropriate manner, it is necessary to increase the uptake of recycled plastics, by establishing mandatory targets for recycled content in plastic packaging at different levels depending on the contact-sensitivity54of different plastic packaging applications, and ensuring that the targets become binding by 2030. In order to incrementally ensure packaging circularity, increased targets a definition of closed loop recycling for deposit return systems and high-quality recycling for others systems are included, targets on separate collection of plastics packaging are included in this regulation andincreased targets on recycled contentshould apply as of 2040. _________________ 54 Contact sensitive packaging refers to plastic packaging of products covered by Regulation (EC) No 1831/2003 of the European Parliament and of the Council of 22 September 2003 on additives for use in animal nutrition (OJ L 268, 18.10.2003, p. 29), 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 (OJ L 338 13.11.2004, p. 4), Regulation (EC) No 767/2009 of the European Parliament and of the Council of 13 July 2009 on the placing on the market and use of feed, amending European Parliament and Council Regulation (EC) No 1831/2003 and repealing Council Directive 79/373/EEC, Commission Directive 80/511/EEC, Council Directives 82/471/EEC, 83/228/EEC, 93/74/EEC, 93/113/EC and 96/25/EC and Commission Decision 2004/217/EC (OJ L 229, 1.9.2009, p. 1), Regulation (EC) No 1223/2009 of the European Parliament and of the Council of 30 November 2009 on cosmetic products (recast) (OJ L 342, 22.12.2009, p. 59), Regulation (EU) 2017/745 of the European Parliament and of the Council of 5 April 2017 on medical devices, amending Directive 2001/83/EC, Regulation (EC) No 178/2002 and Regulation (EC) No 1223/2009 and repealing Council Directives 90/385/EEC and 93/42/EEC (OJ L 117, 5.5.2017, p. 1), Regulation (EU) 2017/746 of the European Parliament and of the Council of 5 April 2017 on in vitro diagnostic medical devices and repealing Directive 98/79/EC and Commission Decision 2010/227/EU (OJ L 117, 5.5.2017, p. 176), Regulation (EU) 2019/4 of the European Parliament and of the Council of 11 December 2018 on the manufacture, placing on the market and use of medicated feed, amending Regulation (EC) No 183/2005 of the European Parliament and of the Council and repealing Council Directive 90/167/EEC (OJ L 4, 7.1.2019, p. 1), Regulation (EU) 2019/6 of the European Parliament and of the Council of 11 December 2018 on veterinary medicinal products and repealing Directive 2001/82/EC (OJ L 4, 7.1.2019, p. 43), Directive 2001/83/EC of the European Parliament and of the Council of 6 November 2001 on the Community code relating to medicinal products for human use (OJ L 311, 28.11.2001, p. 67) and Directive 2008/68/EC of the European Parliament and of the Council of 24 September 2008 on the inland transport of dangerous goods (OJ L 260, 30.9.2008, p. 13–59).
Amendment 358 #
Proposal for a regulation
Recital 33 a (new)
Recital 33 a (new)
(33a) The Union packaging recycling market should be strengthened in order to improve the recycling rate, avoid landfill and incineration, and minimise the export of waste to third countries. The development of Union recycling capacities should happen in cooperation with the sector's actors and industries, and be based on a regulated value chain allowing for quality checks, quality assurance, certification, logistics and pricing.
Amendment 375 #
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. FurthermoreIn addition, wthere appropriate waste collection schemes and wast biodegradable waste should not lead to the presence of contaminants in the compost. They should comply with the treatment infrastructures are available quirements of EN 13432 "Packaging - Requirements for packaging recoverable by composting a Member State, tnd biodegradation - Test scherme 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 should go into material recycling and the design of such packaging should ensure that it does not affect the recyclability of other waste streams.and evaluation criteria for final acceptance of packaging". However, the standard should be revised with regard to the requirements for biodegradable plastic waste - for example, with regard to composting times, permissible levels of contamination and microplastics, and other requirements necessary to actually allow these materials to be processed in bio-waste treatment facilities in an appropriate manner
Amendment 386 #
Proposal for a regulation
Recital 39 a (new)
Recital 39 a (new)
Amendment 401 #
Proposal for a regulation
Recital 43
Recital 43
(43) To promote the circularity and sustainable use of packaging, reusable packaging and systems for re-use should be incentivised. For that purpose, it is necessary to clarify the notion of reusable packaging, the distinction with refillable packaging and to ensure that it is linked not only to the packaging design, which should enable a maximum number of trips or rotations and maintaining the safety, quality and hygiene requirements when being emptied, unloaded, refilled or reloaded, but also to the setting up of systems for re-use respecting minimum requirements as set out in this Regulation. In order to facilitate conformity assessment with requirements on reusable packaging, it is necessary to provide for presumption of conformity for packaging which is in conformity with harmonised standards adopted in accordance with Regulation (EU) No 1025/2012 for the purpose of expressing detailed technical specifications of those requirements with design for reusable packaging guidelines and define reusable packaging criteria and formats, including minimum number of trips or rotations, standardised designs, as well as requirements for systems for re-use, and refill, including hygiene requirements.
Amendment 404 #
Proposal for a regulation
Recital 43 a (new)
Recital 43 a (new)
(43a) Use of plastics in packaging is a significant source of secondary microplastic emissions. The secondary microplastic emissions result from the physical degradation of the plastic material due to mechanical wear and tear during its use as well as exposure to elements, such as sunlight. There is an emerging consensus that the resulting synthetic microparticles accumulating into the ecosystem, including soil and the marine ecosystem, are a threat to both biodiversity and human health. Due to the fact, that the clean-up of microplastics from the environment is currently technologically unfeasible, the producers should be incentivized to reduce the risk of microplastic emission at the source. Modulating the financial extended producer responsibility fees in accordance with the assessed risk of microplastic emissions should be considered as an option in accordance with the ‘polluter pays’ principle. A model for rating the potential emission and persistence of microplastics has been developed. The model also allows simulating the build-up kinetics of microplastics. These tools can be used to rank materials for eco-design and mitigation purposes. The higher EPR fees would encourage producers of packaging applications with high risk of persistent microplastic emissions to seek alternative materials. The higher risk for specific packaging application could result from, for example, expected wear and tear during the intended use, expected exposure to the elements, and likelihood of littering.
Amendment 413 #
Proposal for a regulation
Recital 46
Recital 46
(46) Labelling of recycled content in packaging should not be mandatory as this information is not critical to ensure the proper end-of-life treatment of packaging. However, manufacturers will be required to meetmanufacturers compliance with recycled content targets underof this Regulation and they may wish to display that information on their packaging to inform consumers thereof. To ensure that this information is communicated in a harmonised manner across the Union, a label to indicate the recycled content should be harmonised.
Amendment 418 #
Proposal for a regulation
Recital 47
Recital 47
(47) In order to inform end-users about reusability, availability of systems for re- use and refill, and location of collection points as regards reusable packaging, suchand refillable packaging, the reusable packaging should bear a QR code or other data carrier that provides such information. The QR code should also facilitate tracking and the calculation of trips and rotations. In addition, reusable sales packaging should be clearly identified at the point of sale.
Amendment 431 #
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 overpackaging and 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 packaging used for supply of products to final distributors or end user, the empty space ration should not exceed 40 % and be compatible with the requirements set out in Annex IV. 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 446 #
Proposal for a regulation
Recital 63
Recital 63
(63) Reusable packaging has to be safe for its users. Therefore, economic operators offering their products in reusable packaging have to ensure that, before a reusable packaging is used again, it is subject to a reconditioning process, for which requirements should be laid down. Furthermore, a reusable packaging needs to be recyclable at the end of this lifecyle and should in this perspective contribute to the producers responsibility organisation.
Amendment 496 #
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 acmaterial (plastics, wood, ferrosus 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 baseline. In order to ensure that the reduction efforts continue beyond 2030, a reduction target of 10 % from 2018, which would mean a reduction of 29 % compared to baseline, should be set for 2035 and, for 2040, a reduction target of 15 % from 2018, which means a reduction of 37 % compared to baseline should be establishedmetals, aluminum, glass and paper and cardboard) per capita to be achieved by 2030.
Amendment 506 #
(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 such as the creation of a specific fund within producer responsibility organisations dedicated to packaging prevention, reduction and reuse, 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 targets, 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 514 #
Proposal for a regulation
Recital 96
Recital 96
(96) In line with the polluter-pays principle expressed in Article 191(2) of the Treaty, it is essential that the producers, including e-commerce actors, placing on the Union market packaging and packaged products take responsibility for their management at their end-of life. It should be recalled that extended producer responsibility schemes need to be established, as provided for in Directive 94/62/EC, by 31 December of 2024, as they are the most appropriate means to achieve this and can have a positive environmental impact by reducing the generation of packaging waste and increasing its collection and recycl, promoting prevention and reusable packaging thought a specific fund and ecomodulation principles, and increasing collection through separate collection, mixed waste sorting and covering of littering costs, and recycling of packaging. There are wide disparities in the way they are set up, in their efficiency and in the scope of responsibility of producers. The rules on extended producer responsibility laid down in Directive 2008/98/EC should therefore in general apply to extended producer responsibility schemes for producers of packaging, and be complemented by further specific provisions where this is necessary and appropriate.
Amendment 521 #
Proposal for a regulation
Recital 101
Recital 101
(101) Member States should also take measures promoting high quality recycling which meets the quality standards for the use of the recycled materials in relevant sectors. This obligation is particularly relevant in view of minimum percentage set for recycled content in plastic packaging.
Amendment 523 #
Proposal for a regulation
Recital 101 a (new)
Recital 101 a (new)
(101a) High quality recycling implies that the recycled materials, based on preserved technical characteristics, are of sufficient quality to be used as a substitute to primary raw materials for packaging applications. Collection of properly sorted packaging waste is crucial to enable the production of high quality secondary raw materials.
Amendment 549 #
Proposal for a regulation
Recital 109
Recital 109
(109) Directive 94/62/EC was amended by Directive (EU) 2018/852 of the European Parliament and of the Council68 setting out recycling targets for Member States to be achieved by 2025 and 2030. These targets and the rules for their calculation should be retained. Furthermore, mthis Regulation requires operators to apply mixed waste sorting systems aimed at removing fossil materials. Finally, linked with the objectives of Directive (EU) 2018/852 of the European Parliament and of the Council, this Regulation is setting a target of landfill ban of all packaging by 2030. Measures facilitating the attainment of these targets should be set up, such as sustainability requirements for packaging, in particular provisions regarding packaging’'s recyclability. For this reason, it should not be possible to postpone the deadlines for attaining the 2030 recycling targets. _________________ 68 Directive (EU) 2018/852 of the European Parliament and of the Council of 30 May 2018 amending Directive 94/62/EC on packaging and packaging waste (OJ L 150, 14.6.2018, p. 141)targets on recycling and landfill ban.
Amendment 554 #
Proposal for a regulation
Recital 117
Recital 117
(117) Producers and producer responsibility organisations should be actively involved in providing information to end users, in particular consumers, on prevention and management of packaging waste. This information should include availability of re-use arrangements for packaging, awareness raising measures to inform and promote reuse and refill systems, meaning of labels displayed on packaging, including the recycled content, and other instructions on the discarding of packaging waste. The producers should also inform that end users have an important role in ensuring an environmentally optimal management of packaging waste. The disclosure of information to all end users as well as reporting on packaging should make use of modern information technologies. The information should be provided either by classical means, such as posters both indoors and outdoors and social media campaigns, or by more innovative means, such as electronic access to websites provided by QR codes affixed to the packaging.
Amendment 558 #
Proposal for a regulation
Recital 119
Recital 119
(119) In order to establish the methodology for assessment of the at scale recyclability at scale, 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 and packaging waste feedstock from the mixed waste sorting processes. Reporting should be done annually.
Amendment 621 #
Proposal for a regulation
Article 3 – paragraph 1 – point 4
Article 3 – paragraph 1 – point 4
(4) ‘transport packaging’ means packaging conceived so as to facilitate handling and transport of a single sale unit or a number of sales units or grouped packages, including e- commerce packaging but excluding road, rail, ship and air containers, in order to prevent physical handling and transport damage;
Amendment 656 #
Proposal for a regulation
Article 3 – paragraph 1 – point 26
Article 3 – paragraph 1 – point 26
(26) ‘systems for re-use’ means organisational, technical /or financial arrangements, which enable the re-use either in a closed loop or open loop system. Deposit and return systems, when they ensure that packaging is collected for re- use, and that packages are re-used, are considered as part of a ‘system for re-use ’;
Amendment 657 #
Proposal for a regulation
Article 3 – paragraph 1 – point 28
Article 3 – paragraph 1 – point 28
(28) ‘refill’ means an operation by which an end user fills its own container or a container provided at the point of sale by the final distributor, which fulfils the packaging function, with a product or several products offered by the final distributor in the context of a commercial transaction, on a self-service or assisted service basis;
Amendment 740 #
Proposal for a regulation
Article 3 – paragraph 1 – point 39
Article 3 – paragraph 1 – point 39
(39) ‘post-consumer plastic waste’ means plastic waste that is generated from plastic products that have been placed on the market, purchased by a consumer, and then discarded;
Amendment 754 #
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 which is placed on the market with composting as its designated end-of-life waste management option, and does not hinder the separate collection and the composting process or activity into which it is introduced in industrially controlled conditions;
Amendment 757 #
Proposal for a regulation
Article 3 – paragraph 1 – point 41 a (new)
Article 3 – paragraph 1 – point 41 a (new)
(41a) 'sustainable natural polymer packaging’ means packaging made using innovative polymers, and which possess a recyclability performance grade of C or above under Article 6, biodegrades in accordance with Annex XVII and Appendix (X) to the Regulation 1907/2006, and which do not contain substances of concern.
Amendment 765 #
Proposal for a regulation
Article 3 – paragraph 1 – point 50
Article 3 – paragraph 1 – point 50
(50) ‘deposit’ means a defixned sum of money, not being part of the price of a packaged or filled product that is collected from the end user when purchasing such packaged or filled product, covered by a deposit and return system in a given Member State and redeemable when the end user, or any other person, returns the deposit bearing packaging to a collection point established for that purpose;
Amendment 769 #
Proposal for a regulation
Article 3 – paragraph 1 – point 51
Article 3 – paragraph 1 – point 51
(51) ‘deposit and return system’ means a system, in which a deposit is charged to the end user when purchasing a packaged or filled product covered by this system, and redeemed to the end user, or any other person, when the deposit bearing packaging is returned to a collection point established for that purpose;
Amendment 778 #
Proposal for a regulation
Article 3 – paragraph 1 – point 60 a (new)
Article 3 – paragraph 1 – point 60 a (new)
(60a) 'overpackaging' means the use of packaging material that exceeds the amount necessary to protect, preserve, and contain a product throughout its intended life cycle, or that does not contribute to its safety, hygiene, or other essential aspects such as product lifespan.
Amendment 779 #
Proposal for a regulation
Article 3 – paragraph 1 – point 60 b (new)
Article 3 – paragraph 1 – point 60 b (new)
(60b) 'closed loop recycling process' eans process in which post-consumer or pre-consumer waste is collected and recycled so it is used again to make a product of an equivalent product category preserving the quality of the material as referred in the voluntary standard EN 17615:2022
Amendment 814 #
Proposal for a regulation
Article 5 – paragraph 1
Article 5 – paragraph 1
1. Packaging shall be so manufactured that the presence and concentration of 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, including persistent microplastic emissions and endocrine disruptors, and any outcomes of waste management, such as secondary raw materials, ashes or other material for final disposal. All endocrine disruptors shall be phased out starting from food packaging, pharmaceutical packaging and cosmetics.
Amendment 826 #
Proposal for a regulation
Article 5 – paragraph 2 a (new)
Article 5 – paragraph 2 a (new)
2a. In accordance with the REACH regulation and Chemical Strategy for Sustainability of the European commission, all packaging needs, by 2025 to phase out Bisphenol A (BPA) and structurally related bisphenols of similar concerns; certain phthalates including DEHP, DEP, DiBP, BBzP and DnBP; and polyfluoroalkyl and perfluoroalkyl substances (particularly PFOA and PFOS) and any packaging where PFAS has been added.
Amendment 835 #
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 related to chemical safety, unless there is an unacceptable risk to human health or to the environment arising from the use of a substance in the manufacturing of a packaging or packaging component, or from a substance present in a packaging or packaging component when it is placed on the market or during the subsequent stages of its life cycle. They shall address, as appropriate, substances of concern that have a negatively affect impact on the re-use, sorting and recycling, including potential for their incorporation as recycled content, 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 associated with them.
Amendment 848 #
Proposal for a regulation
Article 5 – paragraph 4 a (new)
Article 5 – paragraph 4 a (new)
4a. By 1 January 2030, the financial contributions paid by producers to comply with their extended producer responsibility obligations as laid down in Article 40 shall be modulated basis of the assessed risk of persistent microplastic emissions.
Amendment 958 #
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 order to establish design for recycling criteria and recycling performance grades based on the criteria and parameters listed in Table 2 of Annex II for packaging categories listed in Table 1 of that Annex, as well as rules concerning the modulation of financial contributions to be paid by producers to comply with their extended producer responsibility obligations set out in Article 40(1), based on the packaging recycling performance grade, and for plastic packaging, the percentage of recycled content and the risk of persistent microplastic emissions. Design-for- recycling criteria shall consider state of the art collection, sorting and recycling processes and shall cover all packaging components.
Amendment 976 #
Proposal for a regulation
Article 6 – paragraph 4 a (new)
Article 6 – paragraph 4 a (new)
4a. The Commission is empowered to designate a competent authority referred as a European technical committee responsible to review at least every 2 years and update the design for recycling criteria. The composition of this committee shall be supervised by the Commission and comprise representatives from national authorities and the entire value chain (packaging industry, waste management operators and recyclers).
Amendment 987 #
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 ED 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 1011 #
Proposal for a regulation
Article 6 – paragraph 6 – point d
Article 6 – paragraph 6 – point d
(d) installed infrastructure capacities for sorting and recycling in the Union and at the Member State level as a whole for each packaging type listed in Table 1 of Annex II.
Amendment 1012 #
Proposal for a regulation
Article 6 – paragraph 6 – point d a (new)
Article 6 – paragraph 6 – point d a (new)
(da) exemption from the recyclability at scale for the sustainable natural polymer packaging which has achieved recyclability at scale at least in one Member States and can demonstrate a viable pathway to recyclability at scale at the EU level.
Amendment 1080 #
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 det ermined in accordance with the delegated acts referred to in paragraphs 4 and 6 of this Article, Article 5(4a), and, as regards plastic packaging, also in accordance with the Article 7(6).
Amendment 1082 #
Proposal for a regulation
Article 6 – paragraph 11 a (new)
Article 6 – paragraph 11 a (new)
Amendment 1215 #
Proposal for a regulation
Article 7 – paragraph 4
Article 7 – paragraph 4
4. Paragraphs 1 and 2 shall not apply to compostable plastic packaging. In addition to biobased recycled content recovered from post-consumer plastic waste, biodegradable packaging with over 90% biobased content not designated for composting may comply with paragraphs 1 and 2 with biobased wastes and residues which comply with the sustainability criteria laid down in Article 29 paragraphs (2) to (7) of Directive (EU) 2018/2001.
Amendment 1238 #
Proposal for a regulation
Article 7 – paragraph 6
Article 7 – paragraph 6
6. By 1 January 2030, the financial contributions paid by producers to comply with their extended producer responsibility obligations as laid down in Article 40 shall be modulated based on the percentage of recycled content used in the packaging. By 1 January 2030, the financial contributions paid by producers to comply with their extended producer responsibility obligations as laid down in Article 40 shall be modulated based on the percentage of recycled content used in the packaging only when it exceeds recycled content targets laid down Article 7(1) and (2).
Amendment 1258 #
Proposal for a regulation
Article 7 – paragraph 7
Article 7 – paragraph 7
7. By 31 December 20265, the Commission is empowered to adopt implementing acts establishing the methodology which should take into account chemical recycling technologies for the calculation and verification of the percentage of recycled content recovered from post-consumer plastic waste, per unit of plastic packaging, and the format for the technical documentation referred to in Annex VII. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 59(3).
Amendment 1335 #
Proposal for a regulation
Article 7 – paragraph 11 a (new)
Article 7 – paragraph 11 a (new)
11a. Paragraphs 1 and 2 shall only apply to reusable packaging placed on the market from 1 January 2030. The minimum recycled content will be subject to the availability of the material in the market.
Amendment 1373 #
Proposal for a regulation
Article 8 – paragraph 3
Article 8 – paragraph 3
Amendment 1414 #
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, the definition of 'overpackaging' as set up in article 3 of this regulation, 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 1490 #
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 supplement this Regulation in order to establish design for reusability criteria per material.
Amendment 1532 #
Proposal for a regulation
Article 11 – paragraph 3
Article 11 – paragraph 3
3. Where a unit ofFrom 1 January 2030, packaging covered by Aarticle 7 is marked with a label containing informationshall bear a mandatory label on the share of recycled content, that label shall comply with the specifications laid down in the relevant implementing act adopted pursuant to Article 11(5) and shall be based on the methodology pursuant to Article 7(7). Where a unit of plastic packaging is marked with a label containing information on the share of biobased plastic content, that label shall comply with the specifications laid down in the relevant implementing act adopted pursuant to Article 11(5). Where a unit of plastic packaging is marked with a label containing information on the share of biobased plastic content, that label shall comply with the specifications laid down in the relevant implementing act adopted pursuant to Article 11(5).
Amendment 1561 #
Proposal for a regulation
Article 11 – paragraph 6
Article 11 – paragraph 6
6. By [OP: Please insert the date = 2418 months after the date of entry into force of this Regulation], the Commission shall adopt implementing acts to establish the methodology for identifying the material composition of packaging referred to in paragraph 1 by means of digital marking technologies. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 59(3).
Amendment 1686 #
Proposal for a regulation
Article 21 – paragraph 3
Article 21 – paragraph 3
Amendment 1765 #
Proposal for a regulation
Article 24 – paragraph 2
Article 24 – paragraph 2
2. Economic operators making use of reusable packaging shall recondition such packaging in compliance with Part B of Annex VI, prior to offering it again for use by end users. Where economic operators have appointed a third party as referred in paragraph 2, the obligations set out in this Article shall be met by the third parties on their behalf.
Amendment 1769 #
Proposal for a regulation
Article 24 – paragraph 2 a (new)
Article 24 – paragraph 2 a (new)
2a. Economic operators making use of reusable packaging can designate third parties responsible of one or more mutualized systems for re-use. The appointed third parties ensure that the systems for re-use, which the reusable packaging is part of, comply with the requirements laid down in Part A of Annex VI.
Amendment 1775 #
Proposal for a regulation
Article 25 – paragraph 2
Article 25 – paragraph 2
2. Economic operators enabling refill shall ensure that refill stations comply with the requirements laid down in Part C of Annex VI and with any requirements set in other Union legislation for the sale of products through refill, including 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.
Amendment 1933 #
Proposal for a regulation
Article 26 – paragraph 6 a (new)
Article 26 – paragraph 6 a (new)
6a. The manufacturer and the final distributor making available on the market within the territory of a Member State in sales packaging consumer goods in the form of cosmetics, hygiene and body care, household cleaning and home care, edible oil, coffee, cacao, food cupboard and preserves, dry pre-packed food, and pet food, shall ensure that: (a) from 1 January 2030, 20 % of those products are made available in reusable packaging within a system for re-use and bring your own system or by enabling refill; (b) from 1 January 2040, 60 % of those products are made available in reusable packaging within a system for re-use and bring your own system or by enabling refill
Amendment 1943 #
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 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 2055 #
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, plastictrays, crates, intermediate bulk containers, drums and canisters, of all sizes and materials, including flexible formats.
Amendment 2087 #
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 2094 #
Proposal for a regulation
Article 26 – paragraph 14 – point a
Article 26 – paragraph 14 – point a
(a) placed not more than 10 000 kgunits of packaging on the market per year; or
Amendment 2116 #
Proposal for a regulation
Article 26 – paragraph 15 a (new)
Article 26 – paragraph 15 a (new)
15a. Economic operators shall be exempted from the obligation to meet the targets in this article if, in accordance with paragraph 2 of Article 4 of Directive 2008/98/EC, they can show that alternative packaging formats deliver a better overall environmental outcome justified by life-cycle assessment.
Amendment 2174 #
Proposal for a regulation
Article 27 – paragraph 3 a (new)
Article 27 – paragraph 3 a (new)
Amendment 2182 #
Proposal for a regulation
Article 28 – paragraph 6 a (new)
Article 28 – paragraph 6 a (new)
6a. By [OP: please insert the date = 24 months from the entry into force of this Regulation] The European Commission shall establish a European observatory on reuse, under the leadership of DG ENV and Eurostat. The observatory shall be responsible for monitoring the implementation of the measures laid down in this Regulation, collecting data on reuse practices, and contributing to the development of best practices in the field of reuse.
Amendment 2292 #
Proposal for a regulation
Article 41 – paragraph 1
Article 41 – paragraph 1
1. Producers may entrust a producer responsibility organisation authorised in accordance with Article 42 to carry out the extended producer responsibility obligations on their behalf. Member States may adopt measures to make the entrustment of a producer responsibility organisation mandatory. and shall transfer them the responsibility for meeting separate collection targets for packaging waste and covering the net costs of energy recovery, landfill and litter clean-up
Amendment 2297 #
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 userscomplying with design for recycling criteria 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. Packaging complying with design for recycling criteria as defined in the delegated acts stemming from article 6.4 shall be separately collected for recycling. Incineration and landfill of recyclable packaging shall be banned. To facilitate high quality recycling, Member States shall ensure preparing and allowing closed- loop material collection and use in line with the Extended Producer Responsibility and the producers rights deriving from that. Member States shall ensure that a system is set up to provide a priority access to the feedstock for recycling for use in applications where the distinct quality of the recycled material is preserved or recovered so it allows further recyclability and can be re-used in the same way and for a similar application, with minimal loss of quantity, quality or function.
Amendment 2336 #
Proposal for a regulation
Article 41 – paragraph 1
Article 41 – paragraph 1
1. Producers may entrust a producer responsibility organisation authorised in accordance with Article 42 to carry out the extended producer responsibility obligations on their behalf. Member States may adopt measures to make the entrustment of a producer responsibility organisation mandatory. and shall transfer them the responsibility for meeting separate collection targets for packaging waste and covering the net costs of energy recovery, landfill and litter clean-up
Amendment 2342 #
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 userscomplying with design for recycling criteria 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. Packaging complying with design for recycling criteria as defined in the delegated acts stemming from article 6.4 shall be separately collected for recycling. Incineration and landfill of recyclable packaging shall be banned. To facilitate high quality recycling, Member States shall ensure preparing and allowing closed- loop material collection and use in line with the Extended Producer Responsibility and the producers rights deriving from that. Member States shall ensure that a system is set up to provide a priority access to the feedstock for recycling for use in applications where the distinct quality of the recycled material is preserved or recovered so it allows further recyclability and can be re-used in the same way and for a similar application, with minimal loss of quantity, quality or function.
Amendment 2343 #
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 userscomplying with design for recycling criteria 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. Packaging complying with design for recycling criteria as defined in the delegated acts stemming from article 6.4 shall be separately collected for recycling. Incineration and landfill of recyclable packaging shall be banned. To facilitate high quality recycling, Member States shall ensure preparing and allowing closed- loop material collection and use in line with the Extended Producer Responsibility and the producers rights deriving from that. Member States shall ensure that a system is set up to provide a priority access to the feedstock for recycling for use in applications where the distinct quality of the recycled material is preserved or recovered so it allows further recyclability and can be re-used in the same way and for a similar application, with minimal loss of quantity, quality or function.