(-1)

In view of the Union's dependence on the import of raw materials and the rapid depletion of a significant amount of natural resources over the short term, it is a key challenge to reclaim as many resources as possible within the Union and to enhance the transition towards a circular economy.

(-1a)

Waste management should be transformed into sustainable material management. The revision of Directive 94/62/EC of European Parliament and Council  (1a) offers an opportunity to that end.

(1)

Waste management in the Union should be improved, with a view to protecting, preserving and improving the quality of the environment, protecting human health, ensuring prudent and rational utilisation of natural resources and promoting a more circular economy.

(1)

Waste management in the Union should be improved, with a view to protecting, preserving and improving the quality of the environment, protecting human health, ensuring prudent and efficient utilisation of natural resources, promoting the principles of the circular economy, enhancing the diffusion renewable energy, increasing energy efficiency, reducing the dependence of the Union on imported resources providing new economic opportunities and long-term competitiveness. In order to make the economy truly circular, it is necessary to take additional measures on sustainable production and consumption, focusing on the whole life cycle of products in a way that preserves resources and closes the loop. Using resources more efficiently would also bring substantial net savings for Union businesses, public authorities and consumers while reducing total annual greenhouse gas emissions .

(1a)

A political and societal incentive to promote recovery and recycling as a sustainable way to handle natural resources within circular economy should respect the waste management hierarchy laid down in Article 4 of Directive 2008/98/EC of the European Parliament and of the Council  (1a) and to strictly apply the approach by which prevention takes priority over recycling.

(1b)

Littering and improper disposal of packaging and packaging waste has negative impacts on both the marine environment and the Union economy and poses unnecessary risks to public health. Many of the most commonly found items on beaches include packaging waste, with long-term impacts on the environment which affect tourism and public enjoyment of these natural areas. Additionally, packaging waste that makes its way into the marine environment subverts the priority order of the waste hierarchy, in particular by avoiding preparation for reuse, recycling and other recovery prior to its improper disposal. In order to reduce the disproportionate contribution of packaging waste to marine litter, a binding target should be established, supported by targeted measures adopted by Member States.

(2)

The targets laid down in Directive 94/62/EC of the European Parliament and of the Council  (13) for the recovery and recycling of packaging and packaging waste should be amended by increasing the preparing for re-use and recycling of packaging waste in order to better reflect the Union’s ambition to move towards a circular economy.

(2)

The targets laid down in Directive 94/62/EC for the recovery and recycling of packaging and packaging waste should be amended by increasing the recycling of packaging waste in order to better reflect the Union’s ambition to move towards a circular economy.

(2a)

Separate quantitative targets for re-use, that Member States should aim to achieve, should be established to promote re-usable packaging while contributing to the job creation and to savings in resources.

(2b)

Increasing the reuse of packaging can reduce the overall cost in the supply chain and reduce the environmental impact of packaging waste. Member States should support the introduction on the market of re-usable packaging which is recyclable at the end of its life.

(2c)

In certain situations, such as food service, single use packaging is required to guarantee food hygiene and the health and safety of consumers. Member States should take account of this when developing prevention measures and should promote greater access to recycling for such packaging.

(3)

Furthermore, in order to ensure greater coherence in waste legislation, the definitions in Directive 94/62/EC should be aligned to those of Directive 2008/98/EC of the European Parliament and of the Council  (14) applicable to waste in general.

(3)

Furthermore, in order to ensure greater coherence in waste legislation, without prejudice to the specificity of packaging and packaging waste, the definitions in Directive 94/62/EC should be aligned , where relevant, to those of Directive 2008/98/EC applicable to waste in general.

(4)

Clear environmental, economic and social benefits would be derived from further increasing the targets laid down in Directive 94/62/EC for preparation for re-use and recycling of packaging waste.

(4)

Clear environmental, economic and social benefits would be derived from further increasing the targets laid down in Directive 94/62/EC for recycling of packaging waste.

(4a)

Waste prevention is the most efficient way to improve resource efficiency, reduce the environmental impact of waste and promote recycling materials of high quality. For those reasons, Member States should adopt a life-cycle approach in order to reduce the environmental impact of products. Member States should take measures to incentivise the take-up of re-usable packaging and to achieve a reduction in consumption of packaging that is not recyclable and of excessive packaging. To that end, Member States should make use of adequate economic instruments and other measures to provide incentives for the application of the waste hierarchy. Member States should be able to use those listed in Annex IVa to Directive 2008/98/EC. Furthermore, waste prevention efforts should not compromise the role of packaging in preserving hygiene or safety for consumers.

(4b)

Member States should put in place adequate incentives for the application of the waste hierarchy, in particular, by means of financial and fiscal incentives aimed at achieving the packaging waste prevention and recycling objectives of this Directive, such as landfill and incineration charges, pay-as-you-throw schemes, extended producer responsibility schemes and incentives for local authorities. Those measures should be part of the packaging waste prevention programmes in all Member States.

(4c)

In the vast majority of cases, the provision of packaging does not depend on and is not chosen by the final consumer but rather by the producer. Extended producer responsibility schemes are a suitable means of both preventing the formation of packaging waste and creating systems that will guarantee the return and/or collection of used packaging and/or packaging waste from the consumer, other final user, or from the waste stream, and the reuse or recovery, including recycling of the packaging and/or packaging waste, that is collected.

(4d)

In order to boost the prevention of packaging waste and reduce its impact on the environment while promoting recycling materials of high quality, the essential requirements of and Annex II to this Directive should be reviewed, and if necessary revised, to strengthen the requirements that will enhance the design for re-use and high quality recycling of packaging.

(4e)

Member States’ national strategies should include the raising of public awareness, in the form of the various incentives and benefits deriving from products made from recycled waste, which will encourage investment in the recycled products sector.

(4 f)

Fostering a sustainable bio-economy can contribute to decreasing Europe's dependence on imported raw materials. Improving market conditions for bio-based recyclable packaging and compostable biodegradable packaging and reviewing existing law hampering the use of those materials offers the opportunity to stimulate further research and innovation and to substitute fossil fuel-based feedstocks with renewable sources for the production of packaging, where beneficial from a lifecycle perspective, and support further organic recycling.

(5)

Through a progressive increase of the existing targets on preparing for re-use and recycling of packaging waste, it should be ensured that economically valuable waste materials are progressively and effectively recovered through proper waste management and in line with the waste hierarchy. That way it should be ensured that valuable materials found in waste are returned into the European economy, thus making progress in the implementation of the Raw Materials Initiative (15) and the creation of a circular economy.

(5)

Through a progressive increase of the existing targets on recycling of packaging waste, it should be ensured that economically valuable waste materials are progressively and effectively recovered through proper waste management and in line with the waste hierarchy. That way it should be ensured that valuable materials found in waste are returned into the European economy, thus making progress in the implementation of the Raw Materials Initiative (15) and the creation of a circular economy without prejudice to food safety, consumer health and food contact materials law.

(5 a)

The circular economy should implement explicit provisions of the 7th Environment Action Programme, which calls for the development of non-toxic material cycles so that recycled waste can be used as a major and reliable source of raw material for the Union.

(5b)

Once recycled material re-enters the economy due to it receiving end-of- waste status, either by complying with specific end of waste criteria or being incorporated in a new product, it is required to be fully compliant with Union chemicals law.

(5c)

There are substantial differences between household packaging waste and commercial and industrial packaging waste. In order to obtain a clear and accurate insight into both streams, Member States should report on them separately.

(6)

Many Member States have not yet completely developed the necessary waste management infrastructure. It is therefore essential to set clear policy objectives in order to avoid locking recyclable materials at the bottom of the waste hierarchy.

(6)

Many Member States have not yet completely developed the necessary waste management infrastructure for recycling . It is therefore essential to set clear policy objectives for the construction of waste treatment facilities and installations needed for prevention, reuse and recycling, in order to avoid locking recyclable materials at the bottom of the waste hierarchy and to set incentives for investments into an innovative waste management infrastructure for recycling .

(6a)

In order to help achieve the targets of this Directive and to boost the transition to a circular economy, the Commission should promote the coordination and exchange of information and best practices among Member States and different sectors of the economy. That exchange could be facilitated through communication platforms that could help raise awareness of new industrial solutions and allow for a better overview of available capacities which would contribute to connecting the waste industry and other sectors and support industrial symbiosis.

(7)

With the combination of recycling targets and landfill restrictions laid down in Directives 2008/98/EC and 1999/31/EC, the Union targets for energy recovery and the recycling targets for packaging waste laid down in Directive 94/62/EC are no longer necessary.

(7)

With the combination of recycling targets and landfill restrictions laid down in Directives 2008/98/EC and 1999/31/EC of the Council  (1a), the Union targets for energy recovery for packaging waste laid down in Directive 94/62/EC are no longer necessary.

(8)

This Directive sets long-term objectives for the Union’s waste management and gives the economic operators and the Member States a clear direction for the necessary investments to attain the objectives of this Directive. In developing their national waste management strategies and planning investments in waste management infrastructure, Member States should make a sound use of the European Structural and Investment Funds in line with the waste hierarchy by promoting prevention , re-use and recycling.

(8)

This Directive sets long-term objectives for the Union’s waste management and gives the economic operators and the Member States a clear direction for the necessary investments to attain the objectives of this Directive. In developing their national waste management strategies and planning investments in waste management infrastructure and the circular economy, Member States should make a sound use of the European Structural and Investment Funds in line with the waste hierarchy and devise those strategies and investment plans so that they are geared primarily to promoting waste prevention and re-use, followed by recycling , in line with the waste hierarchy .

(9a)

The rules on the further raising of recycling targets from 2030 onwards should be reviewed in the light of the experience gained in applying this Directive.

(11)

Member States should, for the purposes of calculating whether the preparation for re-use and recycling targets are achieved, be able to take into account products and components that are prepared for re-use by recognised preparation for re-use operators and deposit-refund schemes. To ensure harmonised conditions for those calculations, the Commission will adopt detailed rules on the determination of recognised preparation for re-use operators and deposit-refund schemes and on the collection, verification and reporting of data.

(11)

In order to ensure a uniform calculation of data on recycling targets the Commission should adopt detailed rules on the determination of recycling operators and on the collection, traceability, verification and reporting of data. After the adoption of this harmonised methodology, Member States should be able, for the purposes of calculating whether the recycling targets are achieved, to take into account the recycling of metals that takes place in conjunction with incineration or co-incineration.

(12)

In order to ensure the reliability of the data gathered on preparation for re-use it is essential to establish common rules for reporting. Similarly, it is important to lay down more precisely the rules according to which Member States should report what is effectively recycled and can be counted towards the attainment of the recycling targets. To that effect, as a general rule, the reporting on the attainment of the recycling targets must be based on the input to the final recycling process . In order to limit administrative burdens, Member States should be allowed, under strict conditions, to report recycling rates on the basis of the output of sorting facilities . Losses in weight of materials or substances due to physical and/or chemical transformation processes inherent to the final recycling process should not be deducted from the weight of the waste reported as recycled.

(12)

In order to ensure the reliability of the data gathered on recycling it is essential to establish common rules on the collection, traceability, verification and reporting of data . Similarly, it is important to lay down more precisely the rules according to which Member States should report what is effectively recycled and can be counted towards the attainment of the recycling targets. The calculation of the attainment of the targets should be based on one harmonised method that prevents reporting of discarded waste as recycled waste. To that end, the reporting on the attainment of the recycling targets must be based on the input to the final recycling process. Losses in weight of materials or substances due to physical and/or chemical transformation processes inherent to the final recycling process should not be deducted from the weight of the waste reported as recycled.

(14)

Statistical data reported by Member States are essential for the Commission to assess compliance with waste legislation across the Member States. The quality, reliability and comparability of statistics should be improved by introducing a single entry point for all waste data, deleting obsolete reporting requirements, benchmarking national reporting methodologies and introducing a data quality check report.

(14)

Data and information reported by Member States are essential for the Commission to assess compliance with waste legislation across the Member States. The quality, reliability and comparability of data reported should be improved by introducing a common methodology for collection and processing of data based on reliable sources and by introducing a single entry point for all waste data, deleting obsolete reporting requirements, benchmarking national reporting methodologies and introducing a data quality check report.

(16)

Reliable reporting of statistical data concerning waste management is paramount to efficient implementation and to ensuring comparability of data among Member States. Therefore, when preparing the reports on compliance with the targets set out in Directive 94/62/EC, Member States should be required to use the most recent methodology developed by the Commission and the national statistical offices of the Member States.

(16)

Reliable reporting of statistical data concerning waste management is paramount to efficient implementation and to ensuring comparability of data among Member States. Therefore, when preparing the reports on compliance with the targets set out in Directive 94/62/EC, Member States should be required to use a common methodology for data collection and processing developed by the Commission in cooperation with the national statistical offices of the Member States and the national, regional and local authorities responsible for waste management.

(16a)

Member States should submit to the Commission on request and without delay any information necessary for the evaluation of the implementation of this Directive as a whole and its impact on the environment and human health.

(17)

In order to supplement or amend Directive 94/62/EC, the power to adopt acts in accordance with Article 290 of the Treaty should be delegated to the Commission in respect of Articles 6a(2), 6a(5), 11(3), 19(2) and 20 . It is of particular importance that the Commission carries out appropriate consultations during its preparatory work, including at expert level . The Commission, when preparing and drawing-up delegated acts, should ensure a simultaneous, timely and appropriate transmission of relevant documents to the European Parliament and the Council.

(17)

In order to supplement Directive 94/62/EC, the power to adopt acts in accordance with Article 290 of the Treaty should be delegated to the Commission in respect of rules on the calculation of the attainment of the recycling targets, certain exceptions concerning the maximum concentration levels of heavy metals in certain recycled materials, product loops and types of packaging, on the common methodology for data collection and processing and the format for reporting data concerning the attainment of the recycling targets and amendments to the list of illustrative examples on the definition of packaging and any technical difficulties encountered in applying this Directive . It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level , and that those consultations be conducted in accordance with the principles laid down in the Interinstitutional Agreement of 13 April 2016 on Better Law-Making. In particular, to ensure equal participation in the preparation of delegated acts, the European Parliament and the Council receive all documents at the same time as Member States' experts, and their experts systematically have access to meetings of Commission expert groups dealing with the preparation of delegated acts.

(18)

In order to ensure uniform conditions for the implementation of Directive 94/62/EC, implementing powers should be conferred on the Commission in respect of Articles 12(3d) and 19 . Those powers should be exercised in accordance with Regulation (EU) No 182/2011 of the European Parliament and of the Council (16).

(18)

In order to ensure uniform conditions for the implementation of Directive 94/62/EC, implementing powers should be conferred on the Commission for adapting to scientific and technical progress the identification system concerning the nature of the packaging materials used . Those powers should be exercised in accordance with Regulation (EU) No 182/2011 of the European Parliament and of the Council (16).

(21a)

Member States should ensure that high levels of occupational health and safety requirements are put in place for all Union workers, in line with existing Union law, and in accordance with the specific risks faced by workers in some production, recycling and waste sectors.

(-1)

(ba)

the following point is added:

(c)

points 3 to 10 are deleted;

(c)

points 3 and 4 and from 6 to 10 are deleted;

(2a)

In Article 4, paragraph 3 is replaced by the following:

(2b)

In Article 4, the following paragraph is inserted:

(2c)

In Article 5, the following title is inserted:

‘Re-Use’

(2d)

In Article 5, paragraph 1 is replaced by the following:

(2e)

In Article 5, the following paragraph is inserted:

(2f)

In Article 5, the following paragraph is inserted:

(2 g)

In Article 5, the following paragraph is inserted:

(a)

the title is replaced by ‘Recovery, re-use and recycling’;

(a)

the title is replaced by ‘Recovery, and recycling’;

(aa)

In Article 6, the following paragraph - 1 is inserted:

(f)

no later than 31 December 2025 a minimum of 65 % by weight of all packaging waste will be prepared for reuse and recycled;

(f)

no later than 31 December 2025 a minimum of 70 % by weight of all packaging waste generated will be recycled;

(g)

no later than 31 December 2025 the following minimum targets by weight for preparing for reuse and recycling will be met regarding the following specific materials contained in packaging waste:

(g)

no later than 31 December 2025 the following minimum targets by weight for recycling will be met regarding the following specific materials contained in packaging waste:

(h)

no later than 31 December 2030 a minimum of 75 % by weight of all packaging waste will be prepared for reuse and recycled;

(h)

no later than 31 December 2030 a minimum of 80 % by weight of all packaging waste generated will be recycled;

(i)

no later than 31 December 2030 the following minimum targets by weight for preparing for reuse and recycling will be met regarding the following specific materials contained in packaging waste:

(i)

no later than 31 December 2030 the following minimum targets by weight for recycling will be met regarding the following specific materials contained in packaging waste:

(ca)

In Article 6, paragraph 4 is replaced by the following:

(a)

improving market conditions for such materials;

(a)

improving market conditions for such materials;

(b)

reviewing existing regulations preventing the use of those materials.

(b)

reviewing existing regulations preventing the use of those materials;

(ba)

making use of adequate economic instruments in order to incentivise the uptake of secondary raw material that may include measures promoting the recycled content of the products and the application of sustainable public procurement criteria;

(bb)

promoting materials that, when recycled, do not endanger human health when they are recycled into food contact materials.’

(d)

paragraphs 5, 8, and 9 are deleted;

(d)

paragraphs 5 and 9 are deleted;

(da)

Paragraph 8 is replaced by the following:

(a)

an evaluation of the effectiveness, implementation and enforcement of the essential requirements;

(a)

targets on other packaging waste streams;

(b)

additional prevention measures to reduce the environmental impact of packaging as far as possible without compromising its essential functions;

(b)

separate targets for household packaging waste and for commercial and industrial packaging waste.

(c)

the possible development of a packaging environment indicator to render packaging waste prevention simpler and more effective;

(d)

packaging waste prevention plans;

(e)

encouragement of reuse and, in particular, comparison of the costs and benefits of reuse and those of recycling;

(f)

producer responsibility including its financial aspects;

(g)

efforts to reduce further and, if appropriate, ultimately phase out heavy metals and other hazardous substances in packaging by 2010.

(a)

the weight of the packaging waste recycled shall be understood as the weight of the input waste entering the final recycling process;

(b)

the weight of the packaging waste prepared for reuse shall be understood as the weight of packaging waste that has been recovered or collected by a recognised preparation for re-use operator and has undergone all necessary checking, cleaning and repairing operations to enable re-use without further sorting or pre-processing;

(c)

Member States may include products and components prepared for re-use by recognised preparation for re-use operators or deposit-refund schemes. For the calculation of the adjusted rate of packaging waste prepared for re-use and recycled taking into account the weight of the products and components prepared for re-use, Member States shall use verified data from the operators and apply the formula set out in Annex IV.

(a)

such output waste is sent into a final recycling process;

(b)

the weight of materials or substances that are not subject to a final recycling process and that are disposed or subject to energy recovery remains below 10 % of the total weight to be reported as recycled.

(ba)

examples of best practices which are used throughout the Union and which can provide guidance on progress towards achieving the targets.

(5a)

Article 7 (1) is replaced by the following:

(a)

the return and/or collection of used packaging and/or packaging waste from the consumer, other final user, or from the waste stream in order to channel it to the most appropriate waste management alternatives;

(a)

the return and/or collection of used packaging and/or packaging waste from the consumer, other final user, or from the waste stream in order to channel it to the most appropriate waste management alternatives;

(b)

the reuse or recovery including recycling of the packaging and/or packaging waste collected,

(b)

the reuse or recovery including recycling of the packaging and/or packaging waste collected.

(5b)

The following Article is inserted:

(a)

the separate collection of at least packaging or packaging waste made up of paper, metal, plastic or glass;

(b)

composite packaging as defined under Commission Decision 2005/270/EC shall be collected in existing collection schemes meeting the quality standards required for final recycling.’

(5c)

In Article 8, paragraph 2 is replaced by the following:

(12a)

Annex II to Directive 94/62/EC on packaging and packaging waste is replaced as set out in the Annex to this Directive.

(14)

Annex IV is added to Directive 94/62/EC on packaging and packaging waste as set out in the Annex to this Directive.

(-1)

In Annex II, point 1, the first indent is amended as follows:

—

Packaging shall be designed, produced and commercialized in such a way as to permit its reuse or recovery, including recycling, and to minimize its impact on the environment when packaging waste or residues from packaging waste management operations are disposed of.

(-1a)

In Annex II, point 1, the following indent 1a is inserted:

(-1b)

In Annex II, point 3, point c is replaced by the following:

(c)

Packaging recoverable in the form of composting

‘(c)

Packaging recoverable in the form of composting

(-1c)

In Annex II, point 3, point d is amended as follows:

(d)

Biodegradable packaging

‘(d)

Biodegradable packaging