49 Amendments of Pascal CANFIN related to 2022/0396(COD)
Amendment 212 #
Proposal for a regulation
Citation 1
Citation 1
Having regard to the Treaty on the Functioning of the European Union, and in particular Articles 114 and 192 thereof,
Amendment 235 #
Proposal for a regulation
Recital 9 a (new)
Recital 9 a (new)
(9a) This Regulation is in line with the objectives set out in Regulation (EC) 2023/0085 on environmental claims, and directive (EC) 2022/0092 on Empowering Consumers in the green transition. It aims to promote and support substantiated alternatives for more sustainable packaging solutions.
Amendment 435 #
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 packaging used for supply of products to final distributors or end user, the empty space ration should not exceed 40 30%. 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 485 #
(82) Manufacturers should draw up an EU declaration of conformity to provide information on the conformity of packaging with this Regulation. Manufacturers may also be required by other Union legislation to draw up an EU declaration of conformity. To ensure effective access to information for market surveillance purposes, a single EU declaration of conformity should be drawn up in respect of all Union acts. To reduce the administrative burden on economic operators, it should be possible for that single EU declaration of conformity to be a dossier made up of relevant individual declarations of conformity. The responsibility of compliance with the provisions for the declaration of conformity should lie with the economic operator that places the packaging on the market.
Amendment 507 #
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 such as the creation of a specific fund within producer responsibility organisations or deposit return schemes dedicated to 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 674 #
Proposal for a regulation
Article 3 – paragraph 1 – point 30 a (new)
Article 3 – paragraph 1 – point 30 a (new)
(30a) ‘sector of sport and similar activities’ means the sector corresponding to sports activities and amusement and recreation activities according to NACE Rev. 2 - the statistical classification of economic activities in the European Union1c. _________________ 1c European Commission, Eurostat, NACE Rev. 2, Statistical classification of economic activities in the European Community, 2008.
Amendment 675 #
Proposal for a regulation
Article 3 – paragraph 1 – point 30 b (new)
Article 3 – paragraph 1 – point 30 b (new)
(30b) Sector of creative, arts and entertainment’ means the sector corresponding to creative art and entertainment activities according to NACE Rev. 2 - the statistical classification of economic activities in the European Union1d. _________________ 1d European Commission, Eurostat, NACE Rev. 2, Statistical classification of economic activities in the European Community, 2008.
Amendment 682 #
Proposal for a regulation
Article 3 – paragraph 1 – point 32 a (new)
Article 3 – paragraph 1 – point 32 a (new)
(32a) ‘recyclability' of a packaging is defined by its possibility at the end of its life of being integrated into an organised collection network, possibly extended by a sorting operation, so that the material of which it is composed can be regenerated in existing recycling units producing a new raw material of a quality compatible with its incorporation in a new product or packaging.
Amendment 795 #
Proposal for a regulation
Article 4 – paragraph 4 a (new)
Article 4 – paragraph 4 a (new)
4a. Member States have the right to adopt additional sustainability requirements deemed necessary to reduce their volume of packaging waste per capita in order to reach the targets set under Article 38.
Amendment 828 #
Proposal for a regulation
Article 5 – paragraph 2 a (new)
Article 5 – paragraph 2 a (new)
2a. Food packaging containing Bisphenol A (BPA, CAS 80-05-7) shall not be placed on the market [OP: Please insert the date = 18 months after the date of entry into force of this Regulation].
Amendment 908 #
Proposal for a regulation
Article 6 – paragraph 2 – subparagraph 2
Article 6 – paragraph 2 – subparagraph 2
Point (a) shall apply from 1 January 2030 and point (e) shall apply from 1 January 2035. Point (a) shall apply from 1 January 2027 for products placed on the EU market for the first time.
Amendment 1047 #
Proposal for a regulation
Article 6 – paragraph 9 – subparagraph 1
Article 6 – paragraph 9 – subparagraph 1
From 1 January 2030, and by way of derogation from paragraphs 2 and 3, innovative packaging may be placed on the market for a maximum period of 5 year24 months after the end of the calendar year when it has been placed on the market.
Amendment 1049 #
Proposal for a regulation
Article 6 – paragraph 9 – subparagraph 2
Article 6 – paragraph 9 – subparagraph 2
Where use is made of this derogation, innovative packaging shall be accompanied by technical documentation, referred to in Annex VII, demonstrating its environmental benefit, innovative nature and showing compliance with the definition in Article 3(34) of this Regulation.
Amendment 1054 #
Proposal for a regulation
Article 6 – paragraph 9 – subparagraph 3
Article 6 – paragraph 9 – subparagraph 3
After the period referred to in the first sub- paragraph, such packaging shall be accompanied by the technical documentation referred to in paragraph 8 and shall thus be fully compliant with the requirements set out in paragraphs 2 and 3. Otherwise, competent authorities shall apply penalties to manufacturers, including withdrawal of the product from the market.
Amendment 1083 #
Proposal for a regulation
Article 6 – paragraph 11 a (new)
Article 6 – paragraph 11 a (new)
11a. Where a claim is made in relation to the recyclability of the packaging, it must be aligned with the new definition of recyclability set out in this Regulation and established in relation to the design criteria for recycling. Any reference to recyclability must be prohibited if the packaging does not meet these criteria.
Amendment 1087 #
Proposal for a regulation
Article 7 – title
Article 7 – title
7 Minimum recycled content in plastic and paper packaging
Amendment 1150 #
Proposal for a regulation
Article 7 – paragraph 1 a (new)
Article 7 – paragraph 1 a (new)
1a. From 1 January 2030, the paper part in packaging shall contain the following minimum percentage of recycled content recovered from post- consumer paper waste, per unit of packaging: a) 95% for case packaging, b) 60% for other types of paper packaging.
Amendment 1151 #
Proposal for a regulation
Article 7 – paragraph 1 a (new)
Article 7 – paragraph 1 a (new)
1a. By [OP: Please insert the date = 24 months after the date of entry into force of this Regulation], the Commission shall adopt a legislative proposal to amend this Regulation and set intermediary targets of recycled contents from January 2035.
Amendment 1193 #
Proposal for a regulation
Article 7 – paragraph 2 a (new)
Article 7 – paragraph 2 a (new)
2a. From 1 January 2040, the paper part in packaging shall contain the following minimum percentage of recycled content recovered from post- consumer paper waste, per unit of packaging: a) 95% for case packaging b) 80% for other types of paper packaging
Amendment 1410 #
Proposal for a regulation
Article 9 – paragraph 1 a (new)
Article 9 – paragraph 1 a (new)
Amendment 1416 #
Proposal for a regulation
Article 9 – paragraph 2
Article 9 – paragraph 2
2. PSuperfluous packaging, duplicate secondary packaging, 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 1454 #
Proposal for a regulation
Article 9 – paragraph 4 a (new)
Article 9 – paragraph 4 a (new)
4a. By 31 December 2025 the Commission is empowered to adopt delegated acts establishing maximum packaging weights relative to the weight or volume of the packaged products for certain common packaging types and formats, starting with the most commonly used packaging types.
Amendment 1502 #
Proposal for a regulation
Article 11 – paragraph 1 – subparagraph 1
Article 11 – paragraph 1 – subparagraph 1
From [OP: Please insert the date = 42 months after the entry into force of this Regulation], packaging shall be marked with a label containing information on its material compositionthe destination of each separate component of the packaging in order to facilitate consumer sorting. This obligation does not apply to transport packaging. However, it applies to e-commerce packaging.
Amendment 1601 #
Proposal for a regulation
Article 13 – paragraph 2 – subparagraph 1
Article 13 – paragraph 2 – subparagraph 1
Before placing packaging on the market, manufacturers shall carry outhave the relevant conformity assessment procedure referred to in Article 33, or have it carried out on their behalf, and by an accredited notified body, draw up the technical documentation referred to in Annex VII.
Amendment 1672 #
Proposal for a regulation
Article 21 – paragraph 1
Article 21 – paragraph 1
1. 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 30%.
Amendment 1682 #
Proposal for a regulation
Article 21 – paragraph 2 – subparagraph 2
Article 21 – paragraph 2 – subparagraph 2
Space filled by filling materials such as paper cuttings, air cushions, bubble wraps, sponge fillers, foam fillers, wood wool, shall be considered as empty space. Materials such as as polystyrene or Styrofoam chips, shall be considered as empty space cannot be used as filling material. Furthermore, any production of polystyrene’s packaging shall be prohibited.
Amendment 1721 #
Proposal for a regulation
Article 22 – paragraph 2
Article 22 – paragraph 2
2. By way of derogation from paragraph 1, economic operators shall not place on the market packaging in the formats and for the purposes listed in point 3 of Annex V as of 1 January 203027.
Amendment 1789 #
Proposal for a regulation
Article 26 – paragraph 1
Article 26 – paragraph 1
1. From 1 January 2030, economic operators, including e-market platforms, making large household appliances listed in point 2 of Annex II to Directive 2012/19/EU available on the market for the first time within the territory of a Member State shall ensure that 90 % of those products are made available in reusable transport packaging within a system for re- use.
Amendment 1858 #
Proposal for a regulation
Article 26 – paragraph 3 a (new)
Article 26 – paragraph 3 a (new)
3a. In accordance with Article 22 and Annex V, the use of single-use packaging for food and beverages filled and consumed within the premises in the HORECA sector should not be allowed. From January 1, 2025, hotels, restaurants and cafés are required to serve meals and drinks consumed on the premises of the establishment in reusable cups, glasses, including their means of closure and lids, and to provide customers consuming on the premises exclusively with reusable plates and containers as well as with reusable cutlery. The requirements set in this paragraph 3a. shall not apply to microentreprises.
Amendment 1939 #
Proposal for a regulation
Article 26 – paragraph 7 – introductory part
Article 26 – paragraph 7 – introductory part
7. Economic operators, including e- market platforms, 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 1944 #
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 1958 #
Proposal for a regulation
Article 26 – paragraph 8 – introductory part
Article 26 – paragraph 8 – introductory part
8. Economic operators, including e- market platforms, using transport packaging for the transport and delivery of non-food items made available on the market for the first time via e-commerce shall ensure that:
Amendment 1961 #
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 1972 #
Proposal for a regulation
Article 26 – paragraph 8 – point b
Article 26 – paragraph 8 – point b
(b) from 1 January 2040, 650 % of such packaging used is reusable packaging within a system for re-use;
Amendment 2003 #
10. Economic operators, including e- market platforms, 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 2012 #
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, exincluding case and cardboard, used outside of sales packaging to group a certain number of products to create a stock-keeping unit shall ensure that:
Amendment 2015 #
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 2028 #
Proposal for a regulation
Article 26 – paragraph 10 a (new)
Article 26 – paragraph 10 a (new)
10a. By 1 January 2030, retailers larger than 400 m2, should dedicate at least 20% of their space to free-of-packaging areas (i.e. refill stations) for both food and non- food products. By [OP: Please insert the date = 5 years after the date of entry into force of this Regulation], the Commission shall evaluate the relevance to increase this percentage and is empowered to adopt delegated acts to raise this objective.
Amendment 2032 #
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, including e-market platforms, shall be reusable where it is used for transporting products:
Amendment 2049 #
Proposal for a regulation
Article 26 – paragraph 12 – subparagraph 2
Article 26 – paragraph 12 – subparagraph 2
This obligation applies to pallets, boxes, exincluding case and cardboard, trays, plastic crates, intermediate bulk containers, drums and canisters, of all sizes and materials, including flexible formats.
Amendment 2056 #
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 2065 #
Proposal for a regulation
Article 26 – paragraph 13 – subparagraph 1
Article 26 – paragraph 13 – subparagraph 1
Economic operators, including e-market platforms, delivering products to another economic operator within the same Member State shall use only reusable transport packaging for the purpose of the transportation of such products.
Amendment 2086 #
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 2215 #
Proposal for a regulation
Article 34 – paragraph 4 a (new)
Article 34 – paragraph 4 a (new)
4a. Declarations of conformity shall be controlled by competent authorities. In case of non-compliance, Member States shall ensure that appropriate restrictive measures, such as withdrawal of the non- compliant packaging from the market or penalties as set under Article 62 to said manufacturer, are taken by competent authorities.
Amendment 2245 #
Proposal for a regulation
Article 38 – paragraph 1 a (new)
Article 38 – paragraph 1 a (new)
1a. The Commission shall, by [OP: please insert the date = 18 months after the date of entry into force of this Regulation], adopt a delegated act to establish sub-targets for packaging made of: (a) Plastic (b) Paper and cardboard (c) Glass (d) Metal (e) Composite materials
Amendment 2246 #
Proposal for a regulation
Article 38 – paragraph 2
Article 38 – paragraph 2
2. Member States shall implement measures aiming to prevent the generation of packaging waste and to minimise the environmental impact of packaging. In the pursuit of paragraph 1, Member States shall ensure that targets are not achieved through simple substitutions between packaging materials and systematically promote prevention of unnecessary or excessive packaging.
Amendment 2247 #
Proposal for a regulation
Article 38 – paragraph 2
Article 38 – paragraph 2
2. Member States shall implement measures aiming to prevent the generaand take the necessary additional sustainability measures to achieve an ambitious and sustained reduction of the packaging waste and to minimise the environmental impact of packaging.generated per capita, in line with the overall objectives of the Union’s waste policy, in particular waste prevention and in order to reach the targets set out in this Article
Amendment 2260 #
4. By [OP: Please insert the date = 85 years after the date of entry into force of this Regulation], the Commission shall review the targets laid down in paragraph 1. To that end, the Commission shall, on the basis of documents to inform the Commission’s early warning report pursuant to Article 36 of this Regulation as well as all data deemed relevant, review progress towards the targets laid down in paragraph 1 and assess the need to set new targets. 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.
Amendment 2728 #
Proposal for a regulation
Annex V – row 3
Annex V – row 3
Single use packaging for foods and Trays, beverages filled and consumed within the disposable Single use premises in the HORECA sector which plates and plastic, single, as well as plates and Single use sport and similar activities sector, creative, cups, bags, plastic, single arts and entertainment sector, which foil, boxes use composite include all eating area inside and outside a cups, bags, 3. use composite packaging or place of business, covered with tables and foil, boxes 3. packaging or other single stools, standing areas, and eating areas other s use packagingle offered to the end users jointly by several use packaging economic operators or third party for the purpose of food and drinks consumption