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Official Journal |
EN C series |
C/2024/4250 |
24.7.2024 |
P9_TA(2023)0425
Packaging and packaging waste
Amendments (*1) adopted by the European Parliament on 22 November 2023 on the proposal for a regulation of the European Parliament and of the Council on packaging and packaging waste, amending Regulation (EU) 2019/1020 and Directive (EU) 2019/904, and repealing Directive 94/62/EC (COM(2022)0677 – C9-0400/2022 – 2022/0396(COD)) (1)
(Ordinary legislative procedure: first reading)
(C/2024/4250)
Amendment 1
Proposal for a regulation
Recital 1
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Amendment 2
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Recital 2
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Amendment 3
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Recital 5
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Amendment 4
Proposal for a regulation
Recital 9 a (new)
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Amendment 5
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Recital 11
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Amendment 6
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Recital 12
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Amendment 7
Proposal for a regulation
Recital 12 a (new)
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Amendment 8
Proposal for a regulation
Recital 13
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Amendment 9
Proposal for a regulation
Recital 15 a (new)
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Amendment 10
Proposal for a regulation
Recital 15 b (new)
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Amendment 11
Proposal for a regulation
Recital 15 c (new)
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Amendment 12
Proposal for a regulation
Recital 15 d (new)
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Amendment 13
Proposal for a regulation
Recital 15 e (new)
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Amendment 14
Proposal for a regulation
Recital 19
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Amendment 15
Proposal for a regulation
Recital 23
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Amendment 16
Proposal for a regulation
Recital 24
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Amendment 17
Proposal for a regulation
Recital 25
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Amendment 18
Proposal for a regulation
Recital 28
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Amendment 19
Proposal for a regulation
Recital 28 a (new)
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Amendment 20
Proposal for a regulation
Recital 29
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Amendment 21
Proposal for a regulation
Recital 31
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Amendment 22
Proposal for a regulation
Recital 33
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Amendment 23
Proposal for a regulation
Recital 33 a (new)
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Amendment 24
Proposal for a regulation
Recital 35
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Amendment 25
Proposal for a regulation
Recital 36
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Amendment 26
Proposal for a regulation
Recital 40
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Amendment 27
Proposal for a regulation
Recital 44
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Amendment 28
Proposal for a regulation
Recital 44 a (new)
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Amendment 29
Proposal for a regulation
Recital 49
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Amendment 30
Proposal for a regulation
Recital 50 a (new)
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Amendment 31
Proposal for a regulation
Recital 60
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Amendment 32
Proposal for a regulation
Recital 65
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Amendment 33
Proposal for a regulation
Recital 66
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Amendment 34
Proposal for a regulation
Recital 67
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Amendment 35
Proposal for a regulation
Recital 68
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Amendment 36
Proposal for a regulation
Recital 71
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Amendment 37
Proposal for a regulation
Recital 73 a (new)
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Amendment 38
Proposal for a regulation
Recital 74 a (new)
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Amendment 39
Proposal for a regulation
Recital 91
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Amendment 40
Proposal for a regulation
Recital 91 a (new)
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Amendment 41
Proposal for a regulation
Recital 92
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Amendment 42
Proposal for a regulation
Recital 96
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Amendment 43
Proposal for a regulation
Recital 98
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Amendment 44
Proposal for a regulation
Recital 101 a (new)
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Amendment 45
Proposal for a regulation
Recital 103 a (new)
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Amendment 46
Proposal for a regulation
Recital 107
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Amendment 47
Proposal for a regulation
Recital 108
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Amendment 48
Proposal for a regulation
Recital 113 a (new)
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Amendment 49
Proposal for a regulation
Recital 113 b (new)
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Amendment 50
Proposal for a regulation
Recital 117 a (new)
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Amendment 51
Proposal for a regulation
Recital 123
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Amendment 52
Proposal for a regulation
Recital 130
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Amendment 53
Proposal for a regulation
Article 1 – paragraph 1
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Text proposed by the Commission |
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1. This Regulation establishes requirements for the entire life cycle of packaging as regards environmental sustainability and labelling, to allow its placing on the market, as well as for the extended producer responsibility, collection, treatment and recycling of packaging waste. |
1. This Regulation establishes requirements for the entire life cycle of packaging as regards environmental sustainability and labelling, to allow its placing on the market, as well as for the extended producer responsibility, prevention, reduction in unnecessary packaging, reuse or refill of packaging, collection, treatment and recycling of packaging waste. |
Amendment 54
Proposal for a regulation
Article 1 – paragraph 3
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Text proposed by the Commission |
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3. This Regulation contributes to the transition to a circular economy, by laying down measures in line with the hierarchy of waste in accordance with Article 4 of Directive 2008/98/EC. |
3. This Regulation contributes to the transition to a circular economy and achieving climate neutrality at the latest by 2050 as provided for under Regulation (EU) 2021/1119 , by laying down measures in line with the hierarchy of waste in accordance with Article 4 of Directive 2008/98/EC and by providing a supportive legal framework which gives certainty to European industry for their investments towards achieving circularity of packaging . |
Amendment 421
Proposal for a regulation
Article 2 – paragraph 1
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Text proposed by the Commission |
Amendment |
1. This Regulation applies to all packaging, regardless of the material used, and to all packaging waste, whether such waste is used in or originates from industry, other manufacturing, retail or distribution, offices, services or households. |
1. This Regulation applies to all packaging , with the exception of packaging approved for the transport of dangerous goods , regardless of the material used, and to all packaging waste, whether such waste is used in or originates from industry, other manufacturing, retail or distribution, offices, services or households. |
Amendment 56
Proposal for a regulation
Article 3 – paragraph 1 – point 1 – point f
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Amendment 57
Proposal for a regulation
Article 3 – paragraph 1 – point 1 – point g
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Amendment 58
Proposal for a regulation
Article 3 – paragraph 1 – point 4
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Amendment 59
Proposal for a regulation
Article 3 – paragraph 1 – point 16
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Amendment 472
Proposal for a regulation
Article 3 – paragraph 1 – point 19
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Amendment 61
Proposal for a regulation
Article 3 – paragraph 1 – point 22
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Amendment 62
Proposal for a regulation
Article 3 – paragraph 1 – point 26
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Amendment 63
Proposal for a regulation
Article 3 – paragraph 1 – point 28
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Amendment 64
Proposal for a regulation
Article 3 – paragraph 1 – point 31
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Amendment 65
Proposal for a regulation
Article 3 – paragraph 1 – point 31 a (new)
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Amendment 66
Proposal for a regulation
Article 3 – paragraph 1 – point 32
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Amendment 414
Proposal for a regulation
Article 3 – paragraph 1 – point 32 a (new)
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Amendment 68
Proposal for a regulation
Article 3 – paragraph 1 – point 34
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Amendment 69
Proposal for a regulation
Article 3 – paragraph 1 – point 35
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Amendment 70
Proposal for a regulation
Article 3 – paragraph 1 – point 37
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Amendment 71
Proposal for a regulation
Article 3 – paragraph 1 – point 38
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Amendment 72
Proposal for a regulation
Article 3 – paragraph 1 – point 40
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Amendment 73
Proposal for a regulation
Article 3 – paragraph 1 – point 41
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Amendment 74
Proposal for a regulation
Article 3 – paragraph 1 – point 41 a (new)
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Text proposed by the Commission |
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Amendment 75
Proposal for a regulation
Article 3 – paragraph 1 – point 41 b (new)
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Text proposed by the Commission |
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Amendment 76
Proposal for a regulation
Article 3 – paragraph 1 – point 50
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Amendment 77
Proposal for a regulation
Article 3 – paragraph 1 – point 51
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Amendment 78
Proposal for a regulation
Article 3 – paragraph 1 – point 57
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Text proposed by the Commission |
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Amendment 79
Proposal for a regulation
Article 4 – paragraph 5
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Text proposed by the Commission |
Amendment |
5. In addition to the labelling requirements laid down in Article 11, Member States may provide for further labelling requirements, for the purpose of identifying the extended producer responsibility scheme or a deposit and return system other than those referred to in Article 44(1). |
deleted |
Amendment 80
Proposal for a regulation
Article 5 – paragraph 1
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Text proposed by the Commission |
Amendment |
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 and any outcomes of waste management, such as secondary raw materials, ashes or other material for final disposal. |
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 and any outcomes of waste management, such as secondary raw materials, ashes or other material for final disposal , and the adverse impact on the environment due to micro-plastics . |
Amendment 81
Proposal for a regulation
Article 5 – paragraph 2 a (new)
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Text proposed by the Commission |
Amendment |
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2a. Food contact packaging containing intentionally added per- and polyfluorinated alkyl substances (PFASs) shall not be placed on the market from ... [OP: Please insert the date = 18 months from the date of entry into force of this Regulation]. |
Amendment 82
Proposal for a regulation
Article 5 – paragraph 2 b (new)
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Text proposed by the Commission |
Amendment |
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2b. Food contact packaging containing intentionally added Bisphenol A (BPA, CAS 80-05-7) shall not be placed on the market from ... [OP: Please insert the date = 18 months from the date of entry into force of this Regulation]. |
Amendment 83
Proposal for a regulation
Article 5 – paragraph 3
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Text proposed by the Commission |
Amendment |
3. Compliance with the requirements set out in paragraph 2 shall be demonstrated in the technical documentation drawn up in accordance with Annex VII. |
3. Compliance with the requirements set out in paragraphs 1, 2, 2a and 2b shall be demonstrated in the technical documentation drawn up in accordance with Annex VII. |
Amendment 84
Proposal for a regulation
Article 5 – paragraph 4
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Text proposed by the Commission |
Amendment |
4. Recyclability requirements established in delegated acts adopted pursuant to Article 6(5) shall not restrict the presence of substances in packaging or packaging components for reasons relating primarily to chemical safety. They shall address , as appropriate, substances of concern that negatively affect the re-use and recycling of materials in the packaging in which they are present, and shall, as appropriate, identify the specific substances concerned and their associated criteria and limitations. |
4. Without prejudice to paragraphs 2a and 2b, 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 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 packaging at any stage of its life cycle . They shall also address substances of concern that have a negative impact on the re-use , sorting and recycling of materials in the packaging in which they are present, and identify the specific substances concerned and the criteria and limitations associated with them . |
Amendment 85
Proposal for a regulation
Article 6 – paragraph 1
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Text proposed by the Commission |
Amendment |
All packaging shall be recyclable. |
All packaging placed on the market shall be recyclable in accordance with paragraph 2. |
Amendment 86
Proposal for a regulation
Article 6 – paragraph 2 – subparagraph 1 – point a
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Text proposed by the Commission |
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Amendment 415
Proposal for a regulation
Article 6 – paragraph 2 – subparagraph 1 – point d
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Text proposed by the Commission |
Amendment |
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Amendment 87
Proposal for a regulation
Article 6 – paragraph 2 – subparagraph 1 – point e
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Text proposed by the Commission |
Amendment |
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Amendment 88
Proposal for a regulation
Article 6 – paragraph 2 – subparagraph 2
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Text proposed by the Commission |
Amendment |
Point (a) shall apply from 1 January 2030 and point (e) shall apply from 1 January 2035 . |
Points (a) to (d) shall apply from 36 months after the date of publication of the delegated acts referred to in paragraph 4 and point (e) shall apply from 36 months after the date of publication of the delegated acts referred to in paragraph 6 . |
Amendment 89
Proposal for a regulation
Article 6 – paragraph 3
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Text proposed by the Commission |
Amendment |
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3. Recyclable packaging shall , from 1 January 2030 , comply with the design for recycling criteria as laid down in the delegated acts adopted pursuant to paragraph 4 and, from 1 January 2035, also with the recyclability at scale requirements laid down in the delegated acts adopted pursuant to paragraph 6. Where such packaging complies with those delegated acts, it shall be considered to comply with paragraph 2, points (a) and (e). |
3. Recyclable packaging shall : |
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Where such packaging complies with those delegated acts, it shall be considered to comply with paragraph 2, points (a) and (e). |
Amendment 90
Proposal for a regulation
Article 6 – paragraph 3 a (new)
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Text proposed by the Commission |
Amendment |
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3a. The criteria and requirements referred to in paragraph 3 shall establish: |
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Amendment 91
Proposal for a regulation
Article 6 – paragraph 4 – subparagraph 1
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Text proposed by the Commission |
Amendment |
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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. Design-for-recycling criteria shall consider state of the art collection, sorting and recycling processes and shall cover all packaging components. |
By 1 January 2027 the Commission shall, after consulting the Packaging Forum established under Article 12a and taking into consideration standards developed by the European Standards Organisations, adopt delegated acts in accordance with Article 58 to supplement this Regulation in order to : |
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Amendment 92
Proposal for a regulation
Article 6 – paragraph 4 – subparagraph 2
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Text proposed by the Commission |
Amendment |
The Commission is empowered to adopt delegated acts in accordance with Article 58 to amend Table 1 of Annex in order to adapt it to scientific and technical development in material and product design, collection, sorting and recycling infrastructure. |
The Commission is empowered to adopt delegated acts in accordance with Article 58 to amend Table 1 of Annex II in order to adapt it to scientific and technical development in material and product design, collection, sorting and recycling infrastructure. |
Amendment 93
Proposal for a regulation
Article 6 – paragraph 5 – subparagraph 1
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Text proposed by the Commission |
Amendment |
From 1 January 2030 , packaging shall not be considered recyclable if it corresponds to performance grade E under the design for recycling criteria established in the delegated act adopted pursuant to paragraph 4 for the packaging category, to which the packaging belongs. |
From 36 months after the date of publication of the delegated acts referred to in paragraph 4 , packaging shall not be considered recyclable if it corresponds to performance grade E under the design for recycling criteria established in the delegated act adopted pursuant to paragraph 4 for the packaging category, to which the packaging belongs. |
Amendment 94
Proposal for a regulation
Article 6 – paragraph 5 – subparagraph 1 a (new)
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Text proposed by the Commission |
Amendment |
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From 96 months after the date of publication of the delegated acts referred to in paragraph 4, packaging shall not be considered recyclable if it corresponds to performance grade D or below 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 95
Proposal for a regulation
Article 6 – paragraph 5 – subparagraph 1 b (new)
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Text proposed by the Commission |
Amendment |
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From 36 months after the date of publication of the delegated acts referred to in paragraph 6, packaging shall not be considered recyclable if it does not comply with the recyclability at scale requirements laid down in the delegated acts adopted pursuant to paragraph 6. |
Amendment 96
Proposal for a regulation
Article 6 – paragraph 5 – subparagraph 2
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Text proposed by the Commission |
Amendment |
These criteria shall be based at least on the parameters as listed in Table 2 of Annex II. |
deleted |
Amendment 97
Proposal for a regulation
Article 6 – paragraph 6 – introductory part
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Text proposed by the Commission |
Amendment |
6. The Commission shall, for each packaging type listed in Table 1 of Annex II, establish the methodology to assess if packaging is recyclable at scale. That methodology shall be based at least on the following elements: |
6. No later than 60 months after the date of publication of the delegated acts referred to in paragraph 4 the Commission shall adopt delegated acts in accordance with Article 58 to supplement this Regulation , for each packaging type listed in Table 1 of Annex II, in order to establish the methodology to assess if packaging is recyclable at scale. That methodology shall be based at least on the following elements: |
Amendment 98
Proposal for a regulation
Article 6 – paragraph 6 – point b
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Text proposed by the Commission |
Amendment |
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Amendment 99
Proposal for a regulation
Article 6 – paragraph 6 – point d
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Text proposed by the Commission |
Amendment |
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Amendment 100
Proposal for a regulation
Article 6 – paragraph 6 – subparagraph 1 a (new)
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Text proposed by the Commission |
Amendment |
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The data referred to in points (a) to (d) shall be available and easily accessible by the public. |
Amendment 101
Proposal for a regulation
Article 6 – paragraph 7
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Text proposed by the Commission |
Amendment |
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7. The criteria and requirements referred to in paragraph 3 shall establish: |
deleted |
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Amendment 102
Proposal for a regulation
Article 6 – paragraph 7 a (new)
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Text proposed by the Commission |
Amendment |
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7a. Where proven to be environmentally beneficial and technically feasible, Member States may, especially through design of schemes established in compliance with Article 44, prioritise recycling of packaging so that it can be subsequently recycled and used in the same way or for a similar application, with minimal loss of quantity, quality or function, whereby producers obliged to meet recycled content targets can benefit from fair access to the material derived from the recycled packaging. |
Amendment 103
Proposal for a regulation
Article 6 – paragraph 8 – subparagraph 1
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Text proposed by the Commission |
Amendment |
Compliance with the requirements set out in paragraphs 2 and 3 shall be demonstrated in the technical documentation concerning the packaging as set out in Annex VII. |
Compliance with the requirements set out in paragraphs 2 and 3 shall be demonstrated in the technical documentation concerning the packaging as set out in Annex VII and take into consideration the following elements: |
Amendment 104
Proposal for a regulation
Article 6 – paragraph 8 – subparagraph 2
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Text proposed by the Commission |
Amendment |
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Where a unit of packaging includes integrated components, the assessment of compliance with the design for recycling criteria and with the at scale recyclability requirements shall include all integrated components. |
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Amendment 105
Proposal for a regulation
Article 6 – paragraph 8 – subparagraph 3
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Text proposed by the Commission |
Amendment |
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Where a unit of packaging includes separate components, the assessment of compliance with the design for recycling requirements and with the at scale recyclability requirements shall be done separately for each separate component. |
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Amendment 106
Proposal for a regulation
Article 6 – paragraph 8 – subparagraph 4
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Text proposed by the Commission |
Amendment |
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All components of a unit of packaging shall be compatible with the state of the art collection, sorting and recycling processes and shall not hinder the recyclability of the main body of the unit of packaging. |
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Amendment 107
Proposal for a regulation
Article 6 – paragraph 9 – subparagraph 1
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Text proposed by the Commission |
Amendment |
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 years after the end of the calendar year when it has been placed on the market. |
From 36 months after the date of publication of the delegated acts referred to in paragraph 4 , and by way of derogation from the requirements set out in this Article , innovative packaging may be placed on the market for a maximum period of 5 years after the end of the calendar year when it has been placed on the market. |
Amendment 108
Proposal for a regulation
Article 6 – paragraph 9 – subparagraph 1 a (new)
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Text proposed by the Commission |
Amendment |
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The Commission shall constantly monitor the impact of the derogation referred to in the first subparagraph on the amount of packaging placed on the market. The Commission shall, where appropriate, adopt a legislative proposal with a view to amending the first subparagraph. |
Amendment 109
Proposal for a regulation
Article 6 – paragraph 9 – subparagraph 2
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Text proposed by the Commission |
Amendment |
Where use is made of this derogation, innovative packaging shall be accompanied by technical documentation, referred to in Annex VII, demonstrating its innovative nature and showing compliance with the definition in Article 3( 34 ) of this Regulation. |
Innovative packaging shall be accompanied by technical documentation, referred to in Annex VII, demonstrating its innovative nature , its overall environmental benefit and showing compliance with the definition in Article 3( 37 ) of this Regulation. |
Amendments 110 and 369
Proposal for a regulation
Article 6 – paragraph 9 – subparagraph 3
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Text proposed by the Commission |
Amendment |
After the period referred to in the first sub-paragraph, such packaging shall be accompanied by the technical documentation referred to in paragraph 8. |
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 therefore be in compliance with the requirements set out in this Article . |
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Member States shall continuously aim to improve collection and sorting infrastructures for innovative packaging with expected environmental benefits. |
Amendment 111
Proposal for a regulation
Article 6 – paragraph 10 – introductory part
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Text proposed by the Commission |
Amendment |
10. Until 31 December 2034 , this Article shall not apply to the following: |
10. Until 72 months after the date of publication of the delegated act referred to in paragraph 6 , this Article shall not apply to the following: |
Amendment 112
Proposal for a regulation
Article 6 – paragraph 10 – point b
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Text proposed by the Commission |
Amendment |
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Amendment 113
Proposal for a regulation
Article 6 – paragraph 10 – point c
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Text proposed by the Commission |
Amendment |
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Amendment 114
Proposal for a regulation
Article 6 – paragraph 10 – point c a (new)
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Text proposed by the Commission |
Amendment |
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Amendment 392
Proposal for a regulation
Article 6 – paragraph 10 a (new)
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Text proposed by the Commission |
Amendment |
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10a. Until the assessment of their status by the Commission pursuant to paragraph 10b of this Article, this Article shall not apply to wood packaging and wax packaging covered by Regulation (EC) 1935/2004. |
Amendment 115
Proposal for a regulation
Article 6 – paragraph 10 b (new)
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Text proposed by the Commission |
Amendment |
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10b. The Commission shall assess the need to extend the derogation established under paragraph 10. That assessment shall take into account the available scientific guidelines of the relevant regulatory authorities, the state of scientific and technical progress, and the availability and prices of recyclable materials. On that basis and after consultation with relevant stakeholders, the Commission shall present, if appropriate, a legislative proposal. |
Amendment 116
Proposal for a regulation
Article 6 – paragraph 11
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Text proposed by the Commission |
Amendment |
11. The financial contributions to be paid by producers to comply with their extended producer responsibility obligations as referred to in Article 40 shall be modulated on the basis of the recyclability performance grade, as determined in accordance with the delegated acts referred to in paragraphs 4 and 6 of this Article and, as regards plastic packaging, also in accordance with the Article 7(6). |
11. The financial contributions to be paid by producers to comply with their extended producer responsibility obligations as referred to in Article 40 shall be modulated on the basis of the recyclability performance grade, as determined in accordance with the delegated acts referred to in paragraphs 4 and 6 of this Article and, as regards plastic packaging, also in accordance with the Article 7(6). Financial contributions shall, in accordance with Article 8a of Directive 2008/98/EC, be earmarked to finance the net cost of collection, sorting and recycling infrastructures of the packaging type it is paid for, following the categories set in Annex II, Table 1. |
Amendments 117, 427 and 450
Proposal for a regulation
Article 6 a (new)
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Text proposed by the Commission |
Amendment |
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Article 6a |
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Inert packaging |
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By 1 January 2029, the Commission shall adopt delegated acts in accordance with Article 58 in order to supplement this Regulation where necessary to deal with any difficulties encountered in applying the provisions of this Regulation, in particular, to inert packaging materials placed on the market in very small quantities (i.e. approximately 0,1 % by weight) in the Union. |
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Obligations under Article 6 shall not apply to this kind of packaging until those delegated acts are adopted. |
Amendment 118
Proposal for a regulation
Article 7 – paragraph 1 – introductory part
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Text proposed by the Commission |
Amendment |
1. From 1 January 2030, the plastic part in packaging shall contain the following minimum percentage of recycled content recovered from post-consumer plastic waste, per unit of packaging: |
1. From 1 January 2030, the plastic part in packaging placed on the market shall , unless this results in non-compliance with food safety requirements laid down at Union level, contain the following minimum percentage of recycled content recovered from post-consumer plastic waste, per packaging format as referred to in Table 1 of Annex II, calculated as an average per manufacturing plant, per year : |
Amendment 119
Proposal for a regulation
Article 7 – paragraph 1 – point a
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Text proposed by the Commission |
Amendment |
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Amendment 120
Proposal for a regulation
Article 7 – paragraph 1 – point b
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Text proposed by the Commission |
Amendment |
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Amendment 121
Proposal for a regulation
Article 7 – paragraph 1 – point d
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Text proposed by the Commission |
Amendment |
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Amendment 122
Proposal for a regulation
Article 7 – paragraph 2 – introductory part
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Text proposed by the Commission |
Amendment |
2. From 1 January 2040, the plastic part in packaging shall contain the following minimum percentage of recycled content recovered from post-consumer plastic waste, per unit of packaging: |
2. From 1 January 2040, the plastic part in packaging shall contain the following minimum percentage of recycled content recovered from post-consumer plastic waste, per packaging format as referred to in Table 1 of Annex II, per manufacturing plant, per year : |
Amendment 123
Proposal for a regulation
Article 7 – paragraph 2 – point a a (new)
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Text proposed by the Commission |
Amendment |
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Amendment 124
Proposal for a regulation
Article 7 – paragraph 2 a (new)
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Text proposed by the Commission |
Amendment |
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2a. Economic operators shall be exempted from the obligation to meet the targets in paragraphs 1 and 2 if, during a calendar year, they fall within the definition of microenterprise set out in the Commission Recommendation 2003/361/EC (1a). |
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Amendment 125
Proposal for a regulation
Article 7 – paragraph 3 – point b
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Text proposed by the Commission |
Amendment |
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Amendment 126
Proposal for a regulation
Article 7 – paragraph 3 – point d a (new)
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Text proposed by the Commission |
Amendment |
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Amendment 127
Proposal for a regulation
Article 7 – paragraph 3 – point d b (new)
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Text proposed by the Commission |
Amendment |
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Amendment 128
Proposal for a regulation
Article 7 – paragraph 4
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Text proposed by the Commission |
Amendment |
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4. Paragraphs 1 and 2 shall not apply to compostable plastic packaging. |
4. Paragraphs 1 and 2 shall not apply to: |
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Amendment 502
Proposal for a regulation
Article 7 – paragraph 4 a (new)
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Text proposed by the Commission |
Amendment |
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4a. Paragraphs 1 and 2 shall not apply to plastic packaging intended to come into contact with food in case the amount of recycled content poses a threat to human health and risks compromising the compliance requirement of products. |
Amendment 129
Proposal for a regulation
Article 7 – paragraph 4 b (new)
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Text proposed by the Commission |
Amendment |
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4b. Member States shall ensure that comprehensive collection and sorting infrastructures are in place to facilitate recycling and to ensure availability plastic feedstock for recycling. |
Amendment 130
Proposal for a regulation
Article 7 – paragraph 5
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Text proposed by the Commission |
Amendment |
5. Compliance with the requirements set out in paragraphs 1 and 3 shall be demonstrated in the technical information concerning the packaging referred to in Annex VII. |
5. Compliance with the requirements set out in paragraphs 1 and 3 shall be demonstrated by economic operators in the technical information concerning the packaging referred to in Annex VII. |
Amendment 131
Proposal for a regulation
Article 7 – paragraph 7
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Text proposed by the Commission |
Amendment |
7. By 31 December 2026, the Commission is empowered to adopt implementing acts establishing the methodology 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) . |
7. By 31 December 2026, the Commission shall adopt delegated acts in accordance with Article 58 in order to supplement this Regulation by establishing the methodology for the calculation and verification of the percentage of recycled content recovered from post-consumer plastic waste and the format for the technical documentation referred to in Annex VII. Those delegated acts shall take into account the environmental impact of the recycling process . |
Amendment 132
Proposal for a regulation
Article 7 – paragraph 8
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Text proposed by the Commission |
Amendment |
8. As of 1 January 2029, the calculation and verification of the percentage of recycled content contained in packaging under paragraph 1 shall comply with the rules laid down in the implementing act referred to in paragraph 7. |
8. As of 1 January 2029, the calculation and verification of the percentage of recycled content contained in packaging under paragraph 1 shall comply with the rules laid down in the delegated act referred to in paragraph 7. |
Amendment 133
Proposal for a regulation
Article 7 – paragraph 9 – subparagraph 1
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Text proposed by the Commission |
Amendment |
By 1 January 2028, the Commission shall assess the need for derogations from the minimum percentage laid down in paragraph 1, points b and d, for specific plastic packaging , or for the revision of the derogation established under paragraph 3 for specific plastic packaging. |
By 1 January 2032, the Commission shall assess the situation regarding the use of recycled packaging materials in plastics, focusing on the lack of availability of recycled plastics or on adverse effects on human or animal health, security of food supply or the environment, where suitable recycling technologies to recycle plastic packaging are not available because they are not authorised under the relevant Union rules or are not sufficiently installed in practice, or are not sufficiently resource and energy efficient . |
Amendment 134
Proposal for a regulation
Article 7 – paragraph 9 – subparagraph 2 – point a
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Text proposed by the Commission |
Amendment |
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Amendment 135
Proposal for a regulation
Article 7 – paragraph 9 – subparagraph 2 – point a a (new)
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Text proposed by the Commission |
Amendment |
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Amendment 136
Proposal for a regulation
Article 7 – paragraph 9 – subparagraph 3
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Text proposed by the Commission |
Amendment |
where suitable recycling technologies to recycle plastic packaging are not available because they are not authorised under the relevant Union rules or are not sufficiently installed in practice. |
deleted |
Amendment 137
Proposal for a regulation
Article 7 – paragraph 10
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Text proposed by the Commission |
Amendment |
10. Where justified by the lack of availability or excessive prices of specific recycled plastics that may have adverse effects on human or animal health, security of food supply or the environment, making compliance with the minimum percentages of recycled content set out in paragraphs 1 and 2 excessively difficult, the Commission shall be empowered to adopt a delegated act in accordance with Article 58 to amend paragraphs 1 and 2 by adjusting the minimum percentages accordingly. In evaluating the justification of such adjustment, the Commission shall assess requests from natural or legal persons to be accompanied by relevant information and data on the market situation for this post-consumer plastic waste and best available evidence regarding the related risks to human or animal health, to the security of food supply or to the environment. |
deleted |
Amendment 138
Proposal for a regulation
Article 7 – paragraph 11 a (new)
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Text proposed by the Commission |
Amendment |
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11a. By 31 December 2025, the Commission shall publish a report assessing the possibility of laying down targets for the use of bio-based plastic feedstock in packaging in order to meet the targets set out in of Article 7(1) and (2). |
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Where appropriate and based on the report referred to in paragraph 1, the Commission shall present a legislative proposal in order to: |
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Amendment 461
Proposal for a regulation
Article 7 a (new)
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Text proposed by the Commission |
Amendment |
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Article 7a |
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Bio-based feedstock in plastic packaging |
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By 31 December 2025, the Commission shall publish a report assessing the possibility of laying down targets for the use of bio-based feedstock in plastic packaging. Where appropriate, and based on that report, the Commission shall present a legislative proposal in order to: |
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Amendment 139
Proposal for a regulation
Article 8 – paragraph 1
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Text proposed by the Commission |
Amendment |
1. By [OP: please insert the date = 24 months from the entry into force of this Regulation], packaging referred to in Article 3(1), points (f) and (g) , sticky labels attached to fruit and vegetables and very lightweight plastic carrier bags shall be compostable in industrially controlled conditions in bio-waste treatment facilities. |
1. By [OP: please insert the date = 36 months from the entry into force of this Regulation], packaging referred to in Article 3(1), point (f) , sticky labels attached to fruit and vegetables shall be compostable to home composting standards or in industrially controlled conditions in bio-waste treatment facilities. |
Amendment 140
Proposal for a regulation
Article 8 – paragraph 1 a (new)
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Text proposed by the Commission |
Amendment |
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1a. By ... [OP: please insert the date = 36 months from the entry into force of this Regulation], very lightweight plastic carrier bags required for loose food for hygiene reasons or provided as primary packaging for loose food when this helps to prevent food wastage, shall be compostable in industrially controlled conditions in bio-waste treatment facilities and therefore allowed to be collected in bio-waste receptacles. |
Amendment 141
Proposal for a regulation
Article 8 – paragraph 2
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Text proposed by the Commission |
Amendment |
2. Where appropriate waste collection schemes and waste treatment infrastructure are available to ensure that packaging referred to in paragraph 1 enters the organic waste management stream, Member States are empowered to require that lightweight plastic carrier bags shall be made available on their market for the first time only if it can be demonstrated that those lightweight plastic carrier bags have been entirely manufactured from biodegradable plastic polymers, which are compostable in industrially controlled conditions . |
2. Where appropriate waste collection schemes and waste treatment infrastructure are available to ensure that packaging referred to in paragraph 1 enters the organic waste management stream, Member States having implemented Article 22 of Directive 2008/98/EC may require that lightweight plastic carrier bags shall be made available on their market for the first time only if it can be demonstrated that those lightweight plastic carrier bags are compostable. |
Amendment 142
Proposal for a regulation
Article 8 – paragraph 3
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Text proposed by the Commission |
Amendment |
3. By [OP: Please insert the date = 24 months from the date of entry into force of this Regulation], packaging other than that referred to in paragraphs 1 and 2, including packaging made of biodegradable plastic polymers, shall allow material recycling without affecting the recyclability of other waste streams. |
3. By ... [OP: Please insert the date = 36 months from the date of entry into force of this Regulation], packaging other than that referred to in paragraphs 1 and 2, including packaging made of biodegradable plastic polymers and other biodegradable materials , shall allow material recycling , in accordance with Article 6, and without affecting the recyclability of other waste streams. |
Amendment 143
Proposal for a regulation
Article 8 – paragraph 3 a (new)
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Text proposed by the Commission |
Amendment |
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3a. By way of derogation from Article 8(3), Member States are empowered to require that those packaging that are compostable in their territory may be processed under the bio-waste stream process. |
Amendment 144
Proposal for a regulation
Article 8 – paragraph 5
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Text proposed by the Commission |
Amendment |
5. The Commission shall be empowered to adopt delegated acts in accordance with Article 58 to amend paragraphs 1 and 2 of this Article by adding other types of packaging to the types of packaging covered by those paragraphs when it is justified and appropriate due to technological and regulatory developments impacting the disposal of compostable packaging and under the conditions set out in Annex III. |
5. After consulting expert groups, the Commission shall be empowered to adopt delegated acts in accordance with Article 58 to amend paragraphs 1 , 1a and 2 of this Article by adding other types of packaging to the types of packaging covered by those paragraphs when it is justified and appropriate due to technological and regulatory developments , including on labelling of compostability, impacting the disposal of compostable packaging and under the conditions set out in Annex III. |
Amendment 145
Proposal for a regulation
Article 8 – paragraph 5 a (new)
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Text proposed by the Commission |
Amendment |
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5a. By 31 May 2025, the Commission shall request the European standardisation organisations to update the harmonised standard (EN 13432) on the "Requirements for packaging recoverable through composting and biodegradation - testing schemes and evaluation criteria". |
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By 31 May 2025, the Commission shall also request the European standardisation organisations to prepare harmonised standards laying down the detailed technical specifications of the requirements on home compostable packaging in this Article. |
Amendment 416
Proposal for a regulation
Article 9 – paragraph 1
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Text proposed by the Commission |
Amendment |
1. Packaging shall be designed so that its weight and volume is reduced to the minimum necessary for ensuring its functionality taking account of the material that the packaging is made of. |
1. By 1 January 2030, packaging shall be designed so that its weight and volume is reduced to the minimum necessary for ensuring its functions, as listed in Annex IV, part 1, and the purpose of the product, taking account of the shape and the material that the packaging is made of. |
Amendment 147
Proposal for a regulation
Article 9 – paragraph 2
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Text proposed by the Commission |
Amendment |
2. Packaging not necessary to comply with any of the performance criteria set out in Annex IV and packaging with characteristics that are only aimed to increase the perceived volume of the product, including double walls, false bottoms, and unnecessary layers, shall not be placed on the market, unless the packaging design is subject to geographical indications of origin protected under Union legislation. |
2. Packaging not necessary to comply with any of the performance criteria set out in Annex IV, and packaging with characteristics that are only aimed to increase the perceived volume of the product including double walls, false bottoms, and unnecessary layers, shall not be placed on the market, unless the packaging design is subject to geographical indications of origin under Union legislation or it is subject to legal protection under Regulation (EC) No 6/2002 . |
Amendment 148
Proposal for a regulation
Article 9 – paragraph 2 a (new)
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Text proposed by the Commission |
Amendment |
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2a. By ... [OP: Please insert the date = 36 months from the date of entry into force of this Regulation], the Commission shall request the European standardisation organisations, as appropriate, to prepare or update harmonised standards laying down the methodology for the calculation and measurement of compliance with the requirements concerning packaging minimisation under this Regulation. For most common packaging types and formats such standards should specify maximum adequate weight and volume limits, and, if appropriate, wall thickness and maximum empty space. |
Amendment 149
Proposal for a regulation
Article 9 – paragraph 4 – subparagraph 1 – point c
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Text proposed by the Commission |
Amendment |
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Amendment 150
Proposal for a regulation
Article 9 – paragraph 4 – subparagraph 2 a (new)
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Text proposed by the Commission |
Amendment |
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Micro-companies referred to in Article 22(3) shall be exempted from the obligation set out in this paragraph. |
Amendment 151
Proposal for a regulation
Article 10 – paragraph 1 – introductory part
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Text proposed by the Commission |
Amendment |
1. Packaging shall be considered reusable where if fulfils the following conditions: |
1. Packaging placed on the market shall be considered reusable where if fulfils the following conditions: |
Amendment 152
Proposal for a regulation
Article 10 – paragraph 1 – point a
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Text proposed by the Commission |
Amendment |
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Amendment 153
Proposal for a regulation
Article 10 – paragraph 1 – point b
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Text proposed by the Commission |
Amendment |
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Amendment 154
Proposal for a regulation
Article 10 – paragraph 1 – point h a (new)
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Text proposed by the Commission |
Amendment |
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Amendment 155
Proposal for a regulation
Article 10 – paragraph 1a (new)
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Text proposed by the Commission |
Amendment |
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1a By ... [OP: please insert the date 24 months after the entry into force of this Regulation], the Commission shall adopt delegated act setting a minimum number for the rotations referred to in paragraph 1, point (b), for reusable packaging in different and relevant material and packaging categories. |
Amendment 156
Proposal for a regulation
Article 10 b (new)
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Text proposed by the Commission |
Amendment |
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Article10b |
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Just Transition |
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Member States shall, every two years from 2025 onwards, carry out Employment Impact Assessments (EIA) that evaluate the impact of the obligations laid down in this Regulation on the number of jobs created, transformed, and eliminated, as well as on skills and competences anticipation, working conditions, including health and safety at work, and gender equality both at national and regional levels in all sectors covered by this Regulation and submit them to the Commission and the European Parliament. EIAs shall lay down how the Member State intends to address its findings with legislative and non-legislative measures, including public and private investments. |
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Before submitting the EIAs to the Commission and the European Parliament, Member States shall inform and consult national social partners representing workers and employers in the sectors covered by this Regulation on the EIAs. |
Amendment 157
Proposal for a regulation
Article 11 – paragraph 1 – subparagraph 1
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Text proposed by the Commission |
Amendment |
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 composition. This obligation does not apply to transport packaging. However, it applies to e-commerce packaging. |
From [OP: Please insert the date = 24 months after the adoption of the implementing acts referred to in paragraph 5 and 6] , packaging placed on the market shall be marked with a label containing information on its material composition in order to facilitate consumer sorting. The label shall be exclusively based on pictograms and be easily understandable, including for persons with disabilities . This obligation does not apply to transport packaging. However, it applies to e-commerce packaging. |
Amendment 158
Proposal for a regulation
Article 11 – paragraph 1 – subparagraph 1 a (new)
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Text proposed by the Commission |
Amendment |
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The label may be accompanied by a QR code or other type of digital data carrier placed on the packaging that contains information on the destination of each separate component of the packaging in order to facilitate consumer sorting. |
Amendment 159
Proposal for a regulation
Article 11 – paragraph 1 – subparagraph 2
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Text proposed by the Commission |
Amendment |
Packaging subject to deposit and return systems referred to in Article 44(1) shall , in addition to the labelling referred to in the first subparagraph, be marked with a harmonised label established in the relevant implementing act adopted pursuant to paragraph 5. |
Packaging subject to deposit and return systems referred to in Article 44(1) shall be marked with a colour harmonised label established in the relevant implementing act adopted pursuant to paragraph 5. |
Amendment 160
Proposal for a regulation
Article 11 – paragraph 1 – subparagraph 2 a (new)
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Text proposed by the Commission |
Amendment |
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Labels of deposit and return systems established before the entry into force of this Regulation may be used together with the harmonised label until 36 months after the adoption of the implementing act pursuant to paragraph 5. |
Amendment 161
Proposal for a regulation
Article 11 – paragraph 2
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Text proposed by the Commission |
Amendment |
2. From [OP: Please insert the date = 48 months after the date of entry into force of this Regulation ], packaging shall bear a label on packaging reusability and a QR code or other type of digital data carrier that provides further information on packaging reusability including the availability of a system for re-use and of collection points, and that facilitates the tracking of the packaging and the calculation of trips and rotations. In addition, reusable sales packaging shall be clearly identified and distinguished from single use packaging at the point of sale. |
2. From [OP: Please insert the date = 30 months after the entry into force of the implementing act referred to in paragraph 5 ], reusable packaging placed on the market shall bear a label on packaging reusability . Further information on reusability may be made available through a QR code or other type of digital data carrier that provides further information on packaging reusability including the availability of a system for re-use and of collection points, and that facilitates the tracking of the packaging and the calculation of trips and rotations. In addition, reusable sales packaging shall be clearly identified and distinguished from single use packaging at the point of sale. |
Amendment 162
Proposal for a regulation
Article 11 – paragraph 3
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Text proposed by the Commission |
Amendment |
3. Where a unit of packaging covered by Article 7 is marked with a label containing information 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). |
3. Where packaging covered by Article 7 is marked with a label containing information on the share of recycled content, that label and, where applicable, the QR code or other type of digital data carrier 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 packaging is marked with a label containing information on the share of bio-based plastic content, that label shall comply with the specifications laid down in the relevant implementing act adopted pursuant to Article 11(5). |
Amendment 370
Proposal for a regulation
Article 11 – paragraph 4 – subparagraph 1
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Text proposed by the Commission |
Amendment |
Labels referred to in paragraphs 1 to 3 and the QR code or other type of digital data carrier referred to in paragraph 2 shall be placed, printed or engraved visibly, clearly legibly and indelibly on the packaging. Where this is not possible or not warranted on account of the nature and size of the packaging, they shall be affixed to the grouped packaging. |
Labels referred to in paragraphs 1 to 3 and the QR code or other type of digital data carrier referred to in paragraph 2 shall be placed, printed or engraved visibly, clearly legibly and firmly on the packaging , so that it cannot be easily erased . Where this is not possible or not warranted on account of the nature and size of the packaging, they shall be affixed to the grouped packaging. |
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Where this is not possible or not warranted on account of the nature and size of the packaging or where it is relevant to provide for non-discriminatory access to information for vulnerable groups, particularly visually impaired persons, labels referred to in paragraphs 1 and 3 shall be provided via a single electronically readable code or other type of data carrier. |
Amendment 164
Proposal for a regulation
Article 11 – paragraph 4 – subparagraph 1 a (new)
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Text proposed by the Commission |
Amendment |
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Where information is provided by electronic means in accordance with paragraphs 2 to 3, the following requirements shall apply: |
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Amendment 165
Proposal for a regulation
Article 11 – paragraph 5
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Text proposed by the Commission |
Amendment |
5. By [OP: Please insert the date = 18 months after the date of entry into force of this Regulation], the Commission shall adopt implementing acts to establish a harmonised label and specifications for the labelling requirements and formats for the labelling of packaging referred to in paragraphs 1 to 3 and the labelling of waste receptacles referred to in Article 12. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 59(3). |
5. By [OP: Please insert the date = 18 months after the date of entry into force of this Regulation], the Commission shall adopt implementing acts to establish a harmonised label and specifications for the labelling requirements and formats , including when provided through digital means, for the labelling of packaging , referred to in paragraphs 1 to 3 and the labelling of waste receptacles referred to in Article 12. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 59(3). |
Amendment 166
Proposal for a regulation
Article 11 – paragraph 6
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Text proposed by the Commission |
Amendment |
6. By [OP: Please insert the date = 24 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). |
6. By [OP: Please insert the date = 18 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 167
Proposal for a regulation
Article 11 – paragraph 7
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Text proposed by the Commission |
Amendment |
7. Without prejudice to requirements concerning other harmonised EU labels, economic operators shall not provide or display labels, marks, symbols or inscriptions that are likely to mislead or confuse consumers or other end users with respect to the sustainability requirements for packaging, other packaging characteristics or packaging waste management options, for which harmonised labelling has been laid down in this Regulation. |
7. Without prejudice to requirements concerning other harmonised EU labels, economic operators shall not provide or display labels, marks, symbols or inscriptions that are likely to mislead or confuse consumers or other end users with respect to the sustainability requirements for packaging, other packaging characteristics or packaging waste management options, for which harmonised labelling has been laid down in this Regulation. |
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From ... [OP: Please insert the date = 24 months after the entry into force of this Regulation], the Commission shall adopt guidelines in order to clarify aspects that are likely to mislead or confuse consumers or other end users. |
Amendment 169
Proposal for a regulation
Article 11 – paragraph 8 a (new)
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Text proposed by the Commission |
Amendment |
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8a. Packaging as referred to in paragraphs 1, 2 and 3, that is manufactured or imported before the deadlines referred in those paragraphs, may be marketed until 36 months after the date of entry into force of the labelling requirements laid down in paragraphs 1, 2 and 3. |
Amendment 170
Proposal for a regulation
Article 12 – paragraph 1
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Text proposed by the Commission |
Amendment |
By 1 January 2028, labels that enable the separate collection of each material specific fraction of packaging waste that is intended to be discarded in separate receptacles shall be affixed, printed or engraved visibly, legibly and indelibly on all waste receptacles for collection of packaging waste. |
By [OP: Please insert the date = 30 months after the adoption of the implementing acts referred to in paragraph 5 and 6] labels that enable the separate collection of each material specific fraction of packaging waste that is intended to be discarded in separate receptacles shall be affixed, printed or engraved visibly, legibly and indelibly on all waste receptacles for collection of packaging waste. |
Amendment 171
Proposal for a regulation
Article 12 a (new)
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Text proposed by the Commission |
Amendment |
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Article 12a |
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Packaging forum |
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The Commission shall ensure that, when conducting its activities, there is a balanced participation of Member States’ representatives and all interested parties involved with the packaging industry, including waste treatment industry representatives, manufacturers and packaging suppliers, distributers, retailers, importers, SMEs, environmental protection groups and consumer organisations. Those parties shall be consulted in particular to prepare the delegated and implementing acts provided for in this Regulation to develop and further detail the sustainability requirements and examining the effectiveness of the established market surveillance mechanisms. To that end, the Commission shall establish an expert group, in which those parties shall meet, referred to as the ‘Packaging Forum’. |
Amendment 172
Proposal for a regulation
Article 12 b (new)
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Text proposed by the Commission |
Amendment |
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Article 12b |
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Claims |
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Environmental claims as defined in Article 2, point (o), of Directive 2005/29/EC may be made in relation to packaging placed on the market only if they comply with the following requirements: |
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Compliance with the requirements set out in point (b) of this Article shall be demonstrated in the technical documentation concerning the packaging as set out in Annex VII. |
Amendment 173
Proposal for a regulation
Article 13 – paragraph 1 – point b a (new)
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Text proposed by the Commission |
Amendment |
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Amendment 174
Proposal for a regulation
Article 13 – paragraph 6 a (new)
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Text proposed by the Commission |
Amendment |
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6a. For medicinal products, as defined in Directive 2001/83/EC, the marketing authorisation holder shall be responsible for the information provided. |
Amendment 175
Proposal for a regulation
Article 13 – paragraph 8
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Text proposed by the Commission |
Amendment |
8. Manufacturers who consider or have reason to believe that packaging which they have placed on the market is not in conformity with one or more of the applicable requirements set out in Articles 5 to 11 shall immediately take the corrective measures necessary to bring that packaging into conformity, to withdraw it or recall it, as appropriate. Manufacturers shall immediately inform the market surveillance authority of the Member State in which they made the packaging available of the suspected non-compliance and of any corrective measures taken. |
8. Manufacturers who consider or have reason to believe that packaging which they have placed on the market from the date of entry into force of this Regulation is not in conformity with one or more of the applicable requirements set out in Articles 5 to 11 shall immediately take the corrective measures necessary to bring that packaging into conformity, to withdraw it or recall it, as appropriate. Manufacturers shall immediately inform the market surveillance authority of the Member State in which they made the packaging available of the suspected non-compliance and of any corrective measures taken. |
Amendment 176
Proposal for a regulation
Article 13 – paragraph 8 a (new)
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Text proposed by the Commission |
Amendment |
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8a. By way of derogation from paragraph 8, the obligation to bring into conformity, withdraw or recall packaging which is believed not to be in conformity with applicable requirements shall not apply to reusable packaging placed on the market before the entry into force of this Regulation. |
Amendment 177
Proposal for a regulation
Article 13 – paragraph 9
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Text proposed by the Commission |
Amendment |
9. Manufacturers shall, further to a reasoned request from a national authority, provide all the information and documentation necessary to demonstrate the conformity of the packaging, including the technical documentation in a language, or languages, which can be easily understood by that authority. That information and documentation shall be provided in either paper or electronic form. The relevant documents shall be made available within 10 days of receipt of the request from the national authority. Manufacturers shall cooperate with the national authority on any action taken to remedy any case of non-compliance with the requirements set out in Articles 5 to 10. |
9. Manufacturers shall, further to a reasoned request from a national authority, provide all the information and documentation necessary to demonstrate the conformity of the packaging, including the technical documentation in a language, or languages, which can be easily understood by that authority. That information and documentation shall be provided in electronic form. The relevant documents shall be made available within 10 days of receipt of the request from the national authority. Manufacturers shall cooperate with the national authority on any action taken to remedy any case of non-compliance with the requirements set out in Articles 5 to 10. |
Amendment 178
Proposal for a regulation
Article 13 – paragraph 9 a (new)
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Text proposed by the Commission |
Amendment |
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9a. Paragraphs 1 to 6 shall not apply to custom-made transport packaging for configurable medical devices and medical systems that are to be used in industrial and healthcare environments. |
Amendment 179
Proposal for a regulation
Article 16 – paragraph 10 a (new)
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Text proposed by the Commission |
Amendment |
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10a. In order to meet the obligations laid down in this Article, Member States may provide tools to support economic operators importing products into the territory of the Union. |
Amendment 180
Proposal for a regulation
Article 17 – paragraph 2 – point a
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Text proposed by the Commission |
Amendment |
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Amendment 181
Proposal for a regulation
Article 17 – paragraph 3 – subparagraph 2 a (new)
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Text proposed by the Commission |
Amendment |
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Information disclosed by the producer shall not be used by the distributor for any purpose other than to verify compliance with applicable requirements. The misuse of such information by distributors for commercial purposes shall be prohibited. |
Amendment 182
Proposal for a regulation
Article 18 – paragraph 1
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Text proposed by the Commission |
Amendment |
Fulfilment service providers shall ensure that for packaging that they handle, the conditions during warehousing, handling and packing, addressing or dispatching, do not jeopardise the packaging’s compliance with the requirements set out in Articles 5 to 11. |
Fulfilment service providers and online platforms shall ensure that for packaging that they handle or offer on their online platforms , the conditions during warehousing, handling and packing, addressing or dispatching, do not jeopardise the packaging’s compliance with the applicable requirements set out in Articles 5 to 11. |
Amendment 183
Proposal for a regulation
Article 18 a (new)
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Text proposed by the Commission |
Amendment |
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Article 18a |
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Obligations of providers of online platforms |
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Providers of online platforms shall comply without undue delay with the relevant requirements of Regulation (EU) 2022/2065 and shall ensure that they have internal processes in place for compliance. |
Amendment 184
Proposal for a regulation
Article 19 – paragraph 1
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Text proposed by the Commission |
Amendment |
An importer or a distributor shall be considered a manufacturer for the purposes of this Regulation and shall be subject to the obligations of the manufacturer under Article 14 , where they place packaging on the market under their own name or trademark or modify packaging already placed on the market in a way that may affect compliance with the relevant requirements of this Regulation. |
An importer or a distributor shall be considered a manufacturer for the purposes of this Regulation and shall be subject to the obligations of the manufacturer under Article 13 , where they place packaging on the market under their own name or trademark or modify packaging already placed on the market in a way that may affect compliance with the relevant requirements of this Regulation. |
Amendment 439
Proposal for a regulation
Article 21 – paragraph 1
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Text proposed by the Commission |
Amendment |
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 % . |
1. By 1 January 2030, economic operators who supply products to a final distributor or an end user in grouped packaging, transport packaging or e-commerce packaging, shall ensure that the empty space ratio is minimised in line with the provisions laid down in Part 1 of Annex IV, unless it is required to protect and transport fragile goods or it would lead to an increased amount of packaging material due to the specific shape of the product or sales packaging . |
Amendment 186
Proposal for a regulation
Article 21 – paragraph 3 a (new)
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Text proposed by the Commission |
Amendment |
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3a. Economic operators using reusable packaging within a system of reuse shall be exempted from the obligation laid down in paragraph 1. |
Amendments 437 and 499
Proposal for a regulation
Article 22 – paragraph 1
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Text proposed by the Commission |
Amendment |
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1. Economic operators shall not place on the market packaging in the formats and for the purposes listed in Annex V. |
1. From 1 January 2030, economic operators shall not place on the market packaging in the formats and for the purposes listed in Annex V unless: |
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Amendment 440
Proposal for a regulation
Article 22 – paragraph 1 a (new)
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Text proposed by the Commission |
Amendment |
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1a. The provision laid down in paragraph 1 shall be without prejudice to Article 8(3a). |
Amendment 445
Proposal for a regulation
Article 22 – paragraph 2
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Text proposed by the Commission |
Amendment |
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 2030. |
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 2030 unless they can demonstrate that at least 85 %, by weight, of the packaging waste they place on the market for immediate consumption is separately collected for recycling at the point of sale, based on the predominant packaging material . |
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Economic operators subject to the obligation referred to in the first subparagraph shall report on a yearly basis to the Member States the weight of separately collected packaging waste per material. Each Member State shall provide aggregated data per separately collected packaging material to the Commission. |
Amendment 188
Proposal for a regulation
Article 22 – paragraph 3
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Text proposed by the Commission |
Amendment |
3. Member States may exempt economic operators from point 3 of Annex V if they comply with the definition of micro-company in accordance with rules set out in the Commission Recommendation 2003/361, as applicable on [OP: Please insert the date = the date of entry into force of this Regulation] , and where it is not technically feasible not to use packaging or to obtain access to infrastructure that is necessary for the functioning of a reuse system. |
3. Economic operators shall be exempted from the application of point 3 of Annex V if they meet the definition of a micro-company in accordance with rules set out in Commission Recommendation 2003/361, as applicable on [OP: Please insert date = date of entry into force of this Regulation] . In addition, Member States shall grant an exemption where it has been demonstrated that it is not technically feasible not to use packaging or to obtain access to the infrastructure necessary for the functioning of a reuse system. |
Amendment 373
Proposal for a regulation
Article 22 – paragraph 4
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Text proposed by the Commission |
Amendment |
4. The Commission shall be empowered to adopt delegated acts in accordance with Article 58 to amend Annex V in order to adapt it to technical and scientific progress with the objective to reducing packaging waste. When adopting those delegated acts , the Commission shall consider the potential of the restrictions on the use of specific packaging formats to reduce the packaging waste generated while ensuring an overall positive environmental impact, and shall take into account the availability of alternative packaging solutions that meet requirements set out in legislation applicable to contact sensitive packaging, as well as their capability to prevent microbiological contamination of the packaged product. |
4. By ... [OP: please insert the date = 5 years after the date of entry into force of this Regulation] , the Commission shall review the restrictions on the use of specific packaging formats to reduce the packaging waste generated while ensuring an overall positive environmental impact, and shall take into account the availability of alternative packaging solutions that meet requirements set out in legislation applicable to contact sensitive packaging, as well as their capability to prevent microbiological contamination of the packaged product. To that end, the Commission shall submit a report to the European Parliament and to the Council, accompanied, if appropriate, by a legislative proposal. |
Amendment 190
Proposal for a regulation
Article 22 a (new)
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Text proposed by the Commission |
Amendment |
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Article 22a |
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Restriction on the use of certain very lightweight plastic bags packaging |
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1. Economic operators shall not place very lightweight plastic carrier bags on the market. |
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2. Without prejudice to Article 8(1a), paragraph 1 of this Article shall not apply to very lightweight plastic carrier bags required for hygiene reasons or provided as primary packaging for loose food when this helps to prevent food wastage. |
Amendment 191
Proposal for a regulation
Article 23 – paragraph 1
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Text proposed by the Commission |
Amendment |
1. Economic operators who place reusable packaging on the market shall ensure that a system for re-use of such packaging is in place, which meets the requirements laid down in Article 24 and Annex VI. |
1. Economic operators who place reusable packaging on the market shall ensure that a system for re-use of such packaging is in place, including an incentive to ensure collection, which meets the requirements laid down in Article 24 and Annex VI. This paragraph shall be considered fulfilled by existing systems for reuse already in place in the Member States. |
Amendment 192
Proposal for a regulation
Article 24 – paragraph 2 a (new)
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Text proposed by the Commission |
Amendment |
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2a. Economic operators making use of reusable packaging may designate third parties responsible of one or more mutualised systems for re-use. The appointed third parties shall ensure that the systems for reuse, which the reusable packaging is part of, comply with the requirements laid down in Part A of Annex VI. |
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Where economic operators have appointed a third party as referred in paragraph 2a, the obligations set out in this Article shall be met by the third parties on their behalf. |
Amendment 193
Proposal for a regulation
Article 25 – paragraph 3
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Text proposed by the Commission |
Amendment |
3. Economic operators enabling refill shall ensure that packaging offered to the end users at the refill stations is not provided free of charge or is provided as a part of a deposit and return system. |
3. Economic operators enabling refill shall ensure that if a packaging is offered to the end users at the refill stations , it is not provided free of charge or is provided as a part of a deposit and return system. |
Amendment 194
Proposal for a regulation
Article 25 – paragraph 4
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Text proposed by the Commission |
Amendment |
4. Economic operators may refuse to refill a container provided by the end user, if the end user does not abide with the requirements communicated by the economic operator in accordance with paragraph 1. |
4. Economic operators may refuse to refill a container provided by the end user, if the end user does not abide with the requirements communicated by the economic operator in accordance with paragraph 1 , in particular if they deem it unhygienic or unsuitable for the food or drink being sold . |
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Economic operators shall bear no liability for hygiene or food safety issues that may arise from the use of containers provided by the end user. |
Amendment 195
Proposal for a regulation
Article 25 – paragraph 4 a (new)
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Text proposed by the Commission |
Amendment |
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4a. From 1 January 2030, final distributors with an area, excluding all storage and dispatch areas, of more than 400m2 shall endeavour to dedicate 10 % of their sales area to refill stations for both food and non-food products. |
Amendment 196
Proposal for a regulation
Article 26 – title
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Text proposed by the Commission |
Amendment |
Re-use and refill targets |
Re-use targets |
Amendments 197, 374 and 442
Proposal for a regulation
Article 26 – paragraph 1
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Text proposed by the Commission |
Amendment |
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1. From 1 January 2030, economic operators 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 . |
1. Economic operators , including online platforms, making large household appliances listed in point 1 of Annex II to Directive 2012/19/EU available on the market for the first time within the territory of a Member State : |
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Protective packaging which is designed to protect fragile and/or heavy goods and which is custom-designed to protect specific appliances shall be exempt from the re-use requirement. |
Amendment 198
Proposal for a regulation
Article 26 – paragraph 2
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Text proposed by the Commission |
Amendment |
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2. The final distributor making available on the market within the territory of a Member State in sales packaging cold or hot beverages filled into a container at the point of sale for take-away shall ensure that: |
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Amendment 199
Proposal for a regulation
Article 26 – paragraph 3
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Text proposed by the Commission |
Amendment |
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3. A final distributor that is conducting its business activity in the HORECA sector and that is making available on the market within the territory of a Member State in sales packaging take-away ready-prepared food, intended for immediate consumption without the need of any further preparation, and typically consumed from the receptacle, shall ensure that: |
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Amendment 394
Proposal for a regulation
Article 26 – paragraph 3 a (new)
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Text proposed by the Commission |
Amendment |
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3a. Where a final distributor makes non-alcoholic beverages, with the exception of milk, in sales packaging available on the market: (a) it shall ensure that, within the territory of a Member State from 1 January 2030, at least 20 % of those products are made available in reusable packaging within a system for re-use; (b) it shall aim to ensure that from 1 January 2040, at least 35 % of those products are made available in reusable packaging within a system for re-use. |
Amendment 201
Proposal for a regulation
Article 26 – paragraph 3 b (new)
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Text proposed by the Commission |
Amendment |
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3b. Where a final distributor makes alcoholic beverages, with the exception of wine and sparkling wines, in sales packaging available on the market within the territory of a Member State : |
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Amendment 202
Proposal for a regulation
Article 26 – paragraph 4
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Text proposed by the Commission |
Amendment |
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4. The manufacturer and the final distributor making available on the market within the territory of a Member State in sales packaging alcoholic beverages in the form of beer, carbonated alcoholic beverages, fermented beverages other than wine, aromatised wine products and fruit wine, products based on spirit drinks, wine or other fermented beverages mixed with beverages, soda, cider or juice, shall ensure that: |
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Amendment 203
Proposal for a regulation
Article 26 – paragraph 5
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Text proposed by the Commission |
Amendment |
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5. The manufacturer and the final distributor making available on the market within the territory of a Member State in sales packaging alcoholic beverages in the form of wine, with the exception of sparkling wine, shall ensure that: |
deleted |
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Amendment 204
Proposal for a regulation
Article 26 – paragraph 6
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Text proposed by the Commission |
Amendment |
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6. The manufacturer and the final distributor making available on the market within the territory of a Member State in sales packaging non-alcoholic beverages in the form of water, water with added sugar, water with other sweetening matter, flavoured water, soft drinks, soda lemonade, iced tea and similar beverages which are immediately ready to drink, pure juice, juice or must of fruits or vegetables and smoothies without milk and non-alcoholic beverages containing milk fat, shall ensure that: |
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Amendment 396
Proposal for a regulation
Article 26 – paragraph 6 a (new)
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Text proposed by the Commission |
Amendment |
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6a. Member States shall exempt economic operators from the obligation under paragraphs 3a, point (a), and 3b, point (a), of this Article when the rate of recycling as reported by the Member States to the Commission under Article 50(2), point (c), is above 85 % by weight of such packaging material placed on the market of that Member State in the calendar years 2026 and 2027. |
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Where such reporting shows that the rate of recycling of the respective packaging material is below 85 %, the Member State shall submit an implementation plan to the Commission showing a strategy with concrete actions, including a timeline, that ensure the achievement of the 85 % recycling rate by weight of the respective packaging material within two years. |
Amendment 205
Proposal for a regulation
Article 26 – paragraph 7 – introductory part
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Text proposed by the Commission |
Amendment |
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 : |
7. Economic operators using transport packaging or sales packaging only used for transportation within the territory of the Union in the form of pallets, plastic crates, foldable plastic boxes, pails or drums for the conveyance or packaging of products in conditions other than provided for under paragraphs 5 and 6 : |
Amendment 206
Proposal for a regulation
Article 26 – paragraph 7 – point a
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Text proposed by the Commission |
Amendment |
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Amendment 378
Proposal for a regulation
Article 26 – paragraph 7 – point b
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Text proposed by the Commission |
Amendment |
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deleted |
Amendment 208
Proposal for a regulation
Article 26 – paragraph 8 – introductory part
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Text proposed by the Commission |
Amendment |
8. Economic operators 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 : |
8. Economic operators using transport packaging within the territory of the Union for the transport and delivery of non-food items made available on the market for the first time via e-commerce: |
Amendment 209
Proposal for a regulation
Article 26 – paragraph 8 – point a
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Text proposed by the Commission |
Amendment |
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Amendment 379
Proposal for a regulation
Article 26 – paragraph 8 – point b
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Text proposed by the Commission |
Amendment |
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deleted |
Amendment 211
Proposal for a regulation
Article 26 – paragraph 9 – introductory part
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Text proposed by the Commission |
Amendment |
9. Economic operators using transport packaging in the form of pallet wrappings and straps for stabilization and protection of products put on pallets during transport shall ensure that : |
9. Economic operators using transport packaging within the territory of the Union for stabilization and protection of products put on pallets during transport , including, but not limited to, pallet wrappings or straps : |
Amendment 212
Proposal for a regulation
Article 26 – paragraph 9 – point a
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Text proposed by the Commission |
Amendment |
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Amendment 380
Proposal for a regulation
Article 26 – paragraph 9 – point b
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Text proposed by the Commission |
Amendment |
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deleted |
Amendment 214
Proposal for a regulation
Article 26 – paragraph 10 – introductory part
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Text proposed by the Commission |
Amendment |
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 : |
10. Economic operators , including online platforms, using grouped packaging within the territory of the Union in the form of boxes, excluding cardboard, used outside of sales packaging to group a certain number of products to create a stock-keeping or distribution unit: |
Amendment 215
Proposal for a regulation
Article 26 – paragraph 10 – point a
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Text proposed by the Commission |
Amendment |
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Amendment 382
Proposal for a regulation
Article 26 – paragraph 10 – point b
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Text proposed by the Commission |
Amendment |
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deleted |
Amendment 458
Proposal for a regulation
Article 26 – paragraph 10 a (new)
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Text proposed by the Commission |
Amendment |
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10a. The targets laid down in paragraphs 3a and 3b may also be achieved by enabling refill. |
Amendment 217
Proposal for a regulation
Article 26 – paragraph 11
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Text proposed by the Commission |
Amendment |
11. Targets laid down in paragraphs 1 to 10 shall be calculated for the period of a calendar year. |
11. Targets laid down in this Article shall be calculated for the period of a calendar year. |
Amendment 218
Proposal for a regulation
Article 26 – paragraph 12 – subparagraph 1 – introductory part
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Text proposed by the Commission |
Amendment |
Transport packaging used by an economic operator shall be reusable where it is used for transporting products: |
From 1 January 2030, 95 % of the transport packaging used by an economic operator shall be reusable where it is used for transporting products: |
Amendment 219
Proposal for a regulation
Article 26 – paragraph 13 – subparagraph 1
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Text proposed by the Commission |
Amendment |
Economic operators 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. |
From 1 January 2030, economic operators , including online 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 417
Proposal for a regulation
Article 26 – paragraph 13 a (new)
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Text proposed by the Commission |
Amendment |
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13a. Economic operators shall be exempted from the obligation to meet targets in this Article, when the rate of recycling of the predominant packaging material as reported by the Member States to the Commission under Article 50(2), point (c), or when the rate of recycling of packaging formats - such as PET bottles or aluminium cans - is above 85 % by weight of such packaging placed on the market on the territory of that Member State in the calendar year 2027 or any calendar year thereafter. |
Amendment 504
Proposal for a regulation
Article 26 – paragraph 13 b (new)
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Text proposed by the Commission |
Amendment |
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13b. The targets laid down in this Article shall not apply to in sales packaging of highly perishable drinks and beverages as defined in Regulation (EU) No 1169/2011. |
Amendment 505/rev1
Proposal for a regulation
Article 26 – paragraph 13 c (new)
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Text proposed by the Commission |
Amendment |
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13c. The targets laid down in this Article shall not apply to in sales packaging of wine, sparkling wine, aromatised wine products and spirituous beverages as defined by nomenclature codes 2208 . |
Amendment 220
Proposal for a regulation
Article 26 – paragraph 14 – introductory part
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Text proposed by the Commission |
Amendment |
14. Economic operators shall be exempted from the obligation to meet the targets in paragraphs 2 to 10 if, during a calendar year, they: |
14. Economic operators shall be exempted from the obligation to meet the targets in this Article if, during a calendar year, they: |
Amendment 418
Proposal for a regulation
Article 26 – paragraph 14 a (new)
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Text proposed by the Commission |
Amendment |
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14a. By ... [OP: please insert date two years from the date of entry into force of this Regulation], the Commission shall adopt delegated acts in accordance with Article 58 regarding the requirements for the preparation of a life cycle assessment to justify an exemption under this Article. Economic operators shall be exempted from the obligation to meet the targets in this Article if reuse is not the option that delivers the best overall environmental outcome on the basis of such a life cycle assessment. |
Amendment 385
Proposal for a regulation
Article 26 – paragraph 15
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Text proposed by the Commission |
Amendment |
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15. Economic operators shall be exempted from the obligation to meet the targets in paragraphs 2 to 6 if, during a calendar year, they have a sales area of not more than 100 m2, including also all storage and dispatch areas. |
15. Economic operators shall be exempted from the obligation to meet the targets in this Article if: |
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Amendment 386
Proposal for a regulation
Article 26 – paragraph 15 a (new)
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Text proposed by the Commission |
Amendment |
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15a. Economic operators shall be exempted from the obligations under this Article if the rate of separate collection, as required under Article 43(3), (4) and (4b), of the respective packaging material, as reported to the Commission under Article 50(1) point (c), is above 85 % by weight of such packaging placed on the market on the territory of the Member State in which they operate in the calendar years 2026 and 2027. |
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Where such reporting shows that the rate of separate collection of the respective packaging material is below 85 %, the Member State shall submit an implementation plan showing a strategy with concrete actions, including a timeline that ensures the achievement of the 85 % separate collection rate by weight of the respective packaging material within two years. |
Amendment 506
Proposal for a regulation
Article 26 – paragraph 15 b (new)
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Text proposed by the Commission |
Amendment |
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15b. Economic operators shall be exempted from the obligation to meet the targets laid down in paragraphs 7, 12 and 13 of this Article for all transport packaging that is in direct contact with food as defined in Regulation (EC) No 178/2002 and feed. |
Amendment 507
Proposal for a regulation
Article 26 – paragraph 15 c (new)
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Text proposed by the Commission |
Amendment |
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15c. Economic operators shall be exempted from the obligation to meet the targets laid down in this Article for all products subject to geographical indications of origin protected under Union legislation. |
Amendment 222
Proposal for a regulation
Article 26 – paragraph 16 – introductory part
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Text proposed by the Commission |
Amendment |
16. The Commission shall be empowered to adopt delegated acts in accordance with Article 58 to supplement this Regulation in order to establish: |
16. In order to take account of the latest scientific and economic data and developments, and improving the overall environmental outcome, which may require specific waste streams departing from the hierarchy where this is justified by an independent and peer reviewed life-cycle assessment, the Commission shall be empowered to adopt delegated acts in accordance with Article 58 to supplement this Regulation in order to establish: |
Amendment 387
Proposal for a regulation
Article 26 – paragraph 16 – point a
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Text proposed by the Commission |
Amendment |
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deleted |
Amendment 224
Proposal for a regulation
Article 26 – paragraph 16 – point b
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Text proposed by the Commission |
Amendment |
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Amendment 225
Proposal for a regulation
Article 26 – paragraph 16 – point c
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Text proposed by the Commission |
Amendment |
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Amendment 389
Proposal for a regulation
Article 26 – paragraph 16 – point c a (new)
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Text proposed by the Commission |
Amendment |
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Amendment 395
Proposal for a regulation
Article 26 – paragraph 17
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Text proposed by the Commission |
Amendment |
17. By [OP: Please insert the date = 8 years after the date of entry into force of this Regulation], the Commission shall review the situation regarding reuse of packaging and , on this basis, assess the appropriateness of establishing measures, reviewing the targets laid down in this Article, and setting new targets for the reuse and refill of packaging , and where necessary present a legislative proposal . |
17. By [OP: Please insert the date = 8 years after the date of entry into force of this Regulation], the Commission shall review the situation regarding reuse of packaging . When assessing the impact of the packaging reuse targets, the Commission shall at least evaluate the packaging waste reduction obtained by the reuse 2030 targets, CO2 emission reduction, food waste reduction, reduction of the volumes of virgin raw material used, water and energy use , water contamination and the use of detergents and disinfectants based on an independent and peer reviewed life-cycle assessment. The Commission shall also assess the development of cardboard packaging waste and its environmental impacts and material substitution effects that might occur due to material exemptions in Article 22, in combination with Annex V, and due to Article 26(7), (10), (12) and (13). On the basis of that review, the Commission shall, where appropriate, present a legislative proposal: (a) modifying or confirming the 2040 targets laid down in this Article, and (b), if necessary, setting new targets for the reuse in other sectors and for other packaging formats and materials . |
Amendment 227
Proposal for a regulation
Article 26 – paragraph 17 a (new)
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Text proposed by the Commission |
Amendment |
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17a. From 1 January 2030, all reusable packaging formats issued by distributors in the territory of a Member State in accordance with paragraphs 3a and 3b, shall be taken back by that end distributor. |
Amendment 228
Proposal for a regulation
Article 27 – title
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Text proposed by the Commission |
Amendment |
Rules on the calculation of the attainment of the re-use and refill targets |
Rules on the calculation of the attainment of the re-use targets |
Amendment 229
Proposal for a regulation
Article 27 – paragraph 2 – introductory part
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Text proposed by the Commission |
Amendment |
2. For the purpose of demonstrating the attainment of the targets laid down in Article 26(2) to (6) , the final distributor, or manufacturer, as appropriate, making available on the market such products within the territory of a Member State shall calculate, for each target separately, the following: |
2. For the purpose of demonstrating the attainment of the targets laid down in Article 26(3a) and (3b) , the final distributor, or manufacturer, as appropriate, making available on the market such products within the territory of a Member State shall calculate, for each target separately, the following: |
Amendment 230
Proposal for a regulation
Article 27 – paragraph 2 – point a
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Text proposed by the Commission |
Amendment |
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Amendment 231
Proposal for a regulation
Article 27 – paragraph 2 – point b
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Text proposed by the Commission |
Amendment |
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deleted |
Amendment 232
Proposal for a regulation
Article 27 – paragraph 2 – point c
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Text proposed by the Commission |
Amendment |
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Amendment 233
Proposal for a regulation
Article 27 – paragraph 3 – point a
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Text proposed by the Commission |
Amendment |
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Amendment 234
Proposal for a regulation
Article 27 – paragraph 3 – point b
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Text proposed by the Commission |
Amendment |
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Amendment 235
Proposal for a regulation
Article 27 – paragraph 4 – subparagraph 1
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Text proposed by the Commission |
Amendment |
By 31 December 2028, the Commission shall adopt implementing acts establishing detailed calculation rules and methodology regarding the targets set out in Article 26. |
By 31 December 2026, the Commission shall adopt delegated acts establishing detailed calculation rules and methodology regarding the targets set out in Article 26. |
Amendment 236
Proposal for a regulation
Article 27 – paragraph 4 – subparagraph 2
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Text proposed by the Commission |
Amendment |
The implementing act shall be adopted in accordance with the examination procedure referred to in Article 59(3). |
deleted |
Amendment 237
Proposal for a regulation
Article 27 – paragraph 4 – subparagraph 2 a (new)
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Text proposed by the Commission |
Amendment |
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The obligation to demonstrate the attainment of the targets laid down in Article 26 shall apply from 1 January 2030 or [18 months] after the date of entry into force of the delegated acts referred to in subparagraph 1, whichever is later. |
Amendment 238
Proposal for a regulation
Article 28 – title
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Text proposed by the Commission |
Amendment |
Reporting to the competent authorities on re-use and refill targets |
Reporting to the competent authorities on re-use targets |
Amendment 239
Proposal for a regulation
Article 28 – paragraph 6 a (new)
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Text proposed by the Commission |
Amendment |
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6a. By ... [OP: please insert the date = 24 months from the entry into force of this Regulation], the Commission shall establish a European observatory on re-use. The observatory shall be responsible for monitoring the implementation of the measures laid down in this Regulation, collecting data on re-use practices, and contributing to the development of best practices in the field of re-use. |
Amendment 240
Proposal for a regulation
Article 28 a (new)
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Text proposed by the Commission |
Amendment |
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Article 28a |
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Refill obligation for the takeaway sector |
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1. By ... [OP: Please insert the date = 24 months from the date of entry into force of this Regulation]: |
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2. The final distributors referred to in points (a) and (b) shall offer the goods filled in the container brought by the consumer at a lower price and in no less favourable conditions than the sales unit consisting of the same goods and single use packaging. |
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The final distributors shall inform the end consumers at the point of sale, through clearly visible and readable information boards or signs, about the possibility of obtaining the goods in a refillable container provided by the consumer. |
Amendment 241
Proposal for a regulation
Article 28 b (new)
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Text proposed by the Commission |
Amendment |
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Article 28b |
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Reuse offer for the takeaway beverage sector |
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1. By ... [OP: Please insert the date = 36 months after the date of entry into force of this Regulation] the final distributor that is conducting its business activity in the HORECA sector and that is making available on the market within the territory of a Member State in sales packaging cold or hot beverages filled into a container at the point of sale for take-away shall provide to the consumers the option of packaging within a system for re-use. |
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2. The final distributors shall inform the end consumers at the point of sale, through clearly visible and readable information boards or signs, about the possibility of obtaining the goods in reusable packaging. |
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3. The final distributors shall offer the goods filled in reusable packaging at no higher costs, and in no less favourable conditions than the sales unit consisting of the same goods and single use packaging. |
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4. The final distributors shall be exempted from the application of this Article if they fall within the definition of a micro enterprise set out in Commission Recommendation 2003/361/EC. |
Amendment 242
Proposal for a regulation
Article 29 – paragraph 2
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Text proposed by the Commission |
Amendment |
2. Measures to be taken by Member States to meet the target set out in paragraph 1 may vary depending on the environmental impact of lightweight plastic carrier bags when they are manufactured, recycled or disposed of, and their composting properties, durability or specific intended use. Such measures may, by way of derogation from Article 4, include marketing restrictions, provided that they are proportionate and non-discriminatory. |
2. Measures to be taken by Member States to meet the target set out in paragraph 1 shall take into consideration the environmental impact of lightweight plastic carrier bags when they are manufactured, recycled or disposed of, and their composting properties, durability or specific intended use. Such measures may, by way of derogation from Article 4, include marketing restrictions, provided that they are proportionate and non-discriminatory. |
Amendment 243
Proposal for a regulation
Article 29 – paragraph 4 a (new)
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Text proposed by the Commission |
Amendment |
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4a. By 31 December 2027, the Commission shall prepare a report on the need and feasibility of reducing the use of paper carrier bags and, where appropriate, submit a legislative proposal setting out targets for a paper carrier bags reduction and measures to achieve these targets. |
Amendment 435
Proposal for a regulation
Article 34 – paragraph 4 a (new)
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Text proposed by the Commission |
Amendment |
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4a. By 31 December 2025, the Commission shall develop a methodology to certify that materials labelled and documented as recycled content placed on the Union market are indeed produced from recovered and recycled materials and not virgin materials. The Commission shall ensure that this methodology is taken into account in the checks performed pursuant to this Article. |
Amendment 244
Proposal for a regulation
Article 34 – paragraph 4 b (new)
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Text proposed by the Commission |
Amendment |
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4b. Competent authorities shall control the accuracy of at least 10 % of the declarations of conformity per year, assessed on a random basis and shall take the necessary measures to address non-compliance, such as the withdrawal of non-compliant products from the market. |
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Without prejudice to the checks pursuant to paragraph 1 that are planned in advance, competent authorities shall conduct checks when they obtain or are made aware of relevant information, including based on substantiated concerns provided by third parties concerning a potential non-compliance with this Regulation. |
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The checks shall be carried out without prior warning to the economic operator, except where prior notification of the operator or trader is necessary in order to ensure the effectiveness of those checks. |
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The competent authorities shall keep records of the checks, indicating in particular their nature and results, as well as on the measures taken in the event of non-compliance. Records of all checks shall be kept for at least ten years. |
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Records of checks carried out under this Regulation and reports of their results and outcomes shall constitute environmental information for the purposes of Directive 2003/4/EC of the European Parliament and of the Council (1a) and shall be made publicly available. |
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Amendment 245
Proposal for a regulation
Article 38 – paragraph 1 a (new)
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Text proposed by the Commission |
Amendment |
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1a. Each Member State shall reduce the plastic packaging waste generated per capita, as compared to the plastic packaging waste generated per capita in 2018 as reported to the Commission in accordance with Commission Decision 2005/270/EC, by: |
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Amendment 246
Proposal for a regulation
Article 38 – paragraph 1 b (new)
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Text proposed by the Commission |
Amendment |
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1b. Without prejudice to paragraphs 1 and 1a, Member States that have established a dual system for the management of packaging waste, one system for household packaging waste and the other for industrial and commercial packaging waste, may have the opportunity to retain their specificity. |
Amendment 247
Proposal for a regulation
Article 38 – paragraph 2
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Text proposed by the Commission |
Amendment |
2. Member States shall implement measures aiming to prevent the generation of packaging waste and to minimise the environmental impact of packaging . |
2. Member States shall implement and take the necessary additional sustainability measures to achieve an ambitious and sustained reduction of the packaging waste 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 248
Proposal for a regulation
Article 38 – paragraph 2 a (new)
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Text proposed by the Commission |
Amendment |
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2a. For the purpose of paragraph 2, Member States shall ensure that customers in restaurants, canteens, bars, cafés and catering services may request to be served tap water for free or for a low service fee. |
Amendment 249
Proposal for a regulation
Article 38 – paragraph 3
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Text proposed by the Commission |
Amendment |
3. For the purpose of paragraph 2, Member States may use economic instruments and other measures to provide incentives for the application of the waste hierarchy, such as measures referred to in Annexes IV and IVa to Directive 2008/98/EC, or other appropriate instruments and measures, including incentives through extended producer responsibility schemes and requirements on producers or producer responsibility organisations to adopt waste prevention plans. Such measures shall be proportionate and non-discriminatory and be designed so as to avoid barriers to trade or distortions of competition in conformity with the Treaty. |
3. For the purpose of paragraph 2, Member States may introduce measures that may include, but are not limited to, the use of economic instruments and other measures to provide incentives for the application of the waste hierarchy, such as measures referred to in Annexes IV and IVa to Directive 2008/98/EC, or other appropriate instruments and measures, including incentives through extended producer responsibility schemes and requirements on producers or producer responsibility organisations to adopt waste prevention plans. Such measures shall be proportionate and non-discriminatory and be designed so as to avoid barriers to trade or distortions of competition in conformity with the Treaty and with Article 4 of this Regulation . |
Amendment 250
Proposal for a regulation
Article 38 – paragraph 4
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Text proposed by the Commission |
Amendment |
4. By [OP: Please insert the date = 8 years after the date of entry into force of this Regulation], the Commission shall review the targets laid down in paragraph 1 . 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. |
4. By [OP: Please insert the date = 5 years after the date of entry into force of this Regulation], the Commission shall review the targets laid down in paragraphs 1 and 1a and assess the need to include specific targets for paper and cardboard, glass, metal and composite material . 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 251
Proposal for a regulation
Article 39 – paragraph 1 – subparagraph 2
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Text proposed by the Commission |
Amendment |
The register shall provide links to other national registers of producers’ websites to facilitate, in all Member States, registration of producers or appointed representatives for the extended producer responsibility. |
The register shall provide links to other national registers of producers’ websites to facilitate, in all Member States, registration of producers or authorised representatives for the extended producer responsibility. The register shall be easily accessible and free of charge to the public online. |
Amendment 252
Proposal for a regulation
Article 39 – paragraph 2
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Text proposed by the Commission |
Amendment |
2. Producers shall be obliged to register in the register referred to in paragraph 1. They shall, to that end, submit an application for registration in each Member State where they make packaging available on the market for the first time. Where a producer has appointed a producer responsibility organisation as referred to in Article 41(1), the obligations set out in this Article shall be met by that organisation, unless otherwise specified by the Member State in which the register is established . |
2. Producers shall be obliged to register in the register referred to in paragraph 1. They shall, to that end, submit an application for registration in each Member State where they make packaging available on the market for the first time. Where a producer has appointed a producer responsibility organisation as referred to in Article 41(1), the obligations set out in this Article shall be met by that organisation . Micro enterprises shall be exempt from the obligations of this paragraph , unless they have appointed a producer responsibility organisation . |
Amendment 253
Proposal for a regulation
Article 39 – paragraph 4
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Text proposed by the Commission |
Amendment |
4. Producers shall not make available packaging on the market, if they or, where applicable, their appointed representatives for the extended producer responsibility, are not registered in such Member State. |
4. Producers shall not make available packaging on the market, if they or, where applicable, in accordance with Article 40, their authorised representatives for the extended producer responsibility, are not registered in such Member State. |
Amendment 254
Proposal for a regulation
Article 39 – paragraph 6
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Text proposed by the Commission |
Amendment |
6. Where an appointed representative for the extended producer responsibility represents more than one producer, it shall in addition to the information to be provided pursuant to paragraph 5, provide the name and the contact details of each one of the represented producers separately. |
6. Where an authorised representative for the extended producer responsibility represents more than one producer, it shall in addition to the information to be provided pursuant to paragraph 5, provide the name and the contact details of each one of the represented producers separately. |
Amendment 255
Proposal for a regulation
Article 39 – paragraph 10
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Text proposed by the Commission |
Amendment |
10. Where the information in the register of producers is not publicly accessible , Member States shall ensure that providers of online platforms allowing consumers to conclude distance contracts with producers are granted access, free of charge, to the information in the register. |
10. The information in the register of producers shall be publicly accessible. Member States shall ensure that fulfilment service providers and providers of online platforms allowing consumers to conclude distance contracts with producers are granted access, including online access, free of charge, to the information in the register , including through digital register extracts . However, the confidentiality of commercially sensitive information in conformity with the relevant Union and national law shall be preserved. The list of registered producers shall be machine readable, sortable and searchable, respecting open standards for third party use. |
Amendment 256
Proposal for a regulation
Article 40 – paragraph 1
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Text proposed by the Commission |
Amendment |
1. Producers of packaging shall have extended producer responsibility under the schemes established in accordance with Articles 8 and 8a of Directive 2008/98/EC and with this Section for the packaging that they make available on the market for the first time within the territory of a Member State. |
1. Producers shall have extended producer responsibility under the schemes established in accordance with Articles 8 and 8a of Directive 2008/98/EC and with this Section for the packaging that they make available on the market for the first time within the territory of a Member State. |
Amendment 257
Proposal for a regulation
Article 40 – paragraph 2
|
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Text proposed by the Commission |
Amendment |
2. A producer shall appoint, by written mandate, an appointed representative for the extended producer responsibility in each Member State other than the Member State where it is established where it makes packaging available for the first time. |
2. A producer shall appoint, by written mandate, an authorised representative for the extended producer responsibility in each Member State other than the Member State where it is established where it makes packaging available for the first time. |
Amendment 258
Proposal for a regulation
Article 40 – paragraph 3 – introductory part
|
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Text proposed by the Commission |
Amendment |
3. Providers of online platforms , falling within the scope of Section 4 of Chapter 3 of Regulation (EU) 2022/2065, allowing consumers to conclude distance contracts with producers shall obtain the following information from producers offering packaging to consumers located in the Union: |
3. Providers of online platforms falling under Section 4 of Chapter 3 of Regulation (EU) No 2022/2065, allowing consumers to conclude distance contracts with producers , as well as fulfilment service providers, shall be required to comply with the extended producer responsibility requirements referred to in paragraphs 1 and 2 of this Article, unless they can prove that producers offering packaging to consumers located in the Union , comply with those requirements by obtaining : |
Amendment 259
Proposal for a regulation
Article 40 – paragraph 3 – point b
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Text proposed by the Commission |
Amendment |
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Amendment 260
Proposal for a regulation
Article 40 – paragraph 3 – subparagraph 1 a (new)
|
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Text proposed by the Commission |
Amendment |
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Where producers sell their products via the online marketplace and are not registered in accordance with Article 39(2), the online marketplace in which the products are offered for sale may fulfil the obligations under Article 39(7) in respect of such producers collectively. |
Amendment 261
Proposal for a regulation
Article 40 – paragraph 3 a (new)
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Text proposed by the Commission |
Amendment |
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3a. Upon receiving the information referred to paragraph 3 and prior to allowing the producer concerned to use its services, the provider of online platforms and fulfilment service providers shall assess whether the information referred to in point (a) and (b) is reliable and complete. |
Amendment 262
Proposal for a regulation
Article 40 – paragraph 3 b (new)
|
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Text proposed by the Commission |
Amendment |
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3b. Member States shall ensure that the producers cover the costs pursuant to the extended producer responsibility provisions in Directives 2008/98/EC and 94/62/EC and, insofar as not already included, cover at least the costs of waste collection for those products that are discarded in public collection systems, including the infrastructure and its operation, and the subsequent transport and treatment of that waste. |
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The costs to be covered shall be established in a transparent and in a cost-efficient way. The costs of cleaning up litter shall be limited to activities undertaken by public authorities or on their behalf. The calculation methodology shall be developed in a way that allows for the costs of cleaning up litter to be established in a proportionate way on the basis of the packaging formats that are more prone to be littered or not separately collected. |
Amendment 263
Proposal for a regulation
Article 41 – paragraph 2
|
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Text proposed by the Commission |
Amendment |
2. Where, in the territory of a Member State, multiple producer responsibility organisations are authorised to fulfil extended producer responsibility obligations on behalf of producers, the Member State shall ensure that the producer responsibility organisations, when taken together, cover the whole territory of the Member State as regards the activities in accordance with Articles 42(3), 43 and 44. Member States shall entrust the competent authority, or appoint an independent third party, to oversee that producer responsibility organisations fulfil their obligations in a coordinated manner. |
2. Where, in the territory of a Member State, multiple producer responsibility organisations are authorised to fulfil extended producer responsibility obligations on behalf of producers, the Member State shall ensure that the producer responsibility organisations and producers that have not entrusted a producer responsibility organisation , when taken together, cover the whole territory of the Member State as regards the activities in accordance with Articles 42(3), 43 and 44. Member States shall entrust the competent authority, or appoint an independent third party, to oversee that producer responsibility organisations fulfil their obligations in a coordinated manner. |
Amendment 264
Proposal for a regulation
Article 42 – paragraph 3 – point b
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Text proposed by the Commission |
Amendment |
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Amendment 265
Proposal for a regulation
Article 43 – paragraph 1
|
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Text proposed by the Commission |
Amendment |
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 users 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. |
1. Member States shall ensure that systems and infrastructures are set up to provide for the return and separate collection of all packaging waste from the end users in order to ensure that it is treated in accordance with Articles 4 , 10 and 13 of Directive 2008/98/EC, and to facilitate its preparation for re-use and high quality recycling. |
Amendment 266
Proposal for a regulation
Article 43 – paragraph 1 a (new)
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Text proposed by the Commission |
Amendment |
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1a. In order to facilitate high quality recycling, Member States shall ensure that a system is in place to provide safe and equitable access to recycled materials for use in applications where the distinct quality of the recycled material is preserved or recovered in such a way that it can be recycled further and used in the same way and for a similar application, with minimal loss of quantity, quality or function. |
Amendment 267
Proposal for a regulation
Article 43 – paragraph 2
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Text proposed by the Commission |
Amendment |
2. Member States may allow derogations from paragraph 1 provided that collecting packaging or fractions of packaging waste together or together with other waste does not affect the potential of such packaging or fractions of packaging waste to undergo preparing for re-use, recycling or other recovery operations in accordance with Articles 4 and 13 of Directive 2008/98/EC and generates output from those operations which is of comparable quality to that achieved through separate collection. |
2. Member States may allow derogations from the return and separate waste collection obligation in paragraph 1 for certain types of waste provided that collecting packaging or fractions of such packaging waste together or together with other waste does not affect the capacity of such packaging or fractions of packaging waste to undergo preparing for re-use, recycling or other recovery operations in accordance with Articles 4 and 13 of Directive 2008/98/EC and generates output from those operations which is of comparable quality to that achieved through separate collection. |
Amendment 268
Proposal for a regulation
Article 43 – paragraph 3 – point c a (new)
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Text proposed by the Commission |
Amendment |
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Point (ca) shall be without prejudice to commercially sensitive information or data protection laws. |
Amendment 269
Proposal for a regulation
Article 43 – paragraph 3 a (new)
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Text proposed by the Commission |
Amendment |
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3a. By 1 January 2029, Member States shall ensure that, in public spaces, sufficient separate collection systems are set up for the different fractions of packaging waste materials. |
Amendment 446
Proposal for a regulation
Article 43 – paragraph 3 b (new)
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Text proposed by the Commission |
Amendment |
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3b. By 1 January 2029, the final distributor making available on the market food and beverages filled and consumed within the premises in the HORECA sector shall ensure that separate collection systems are set up for the different fractions of packaging waste materials, to help the consumer to sort packaging waste. |
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Economic operators subject to the obligation referred to in paragraph 3 shall report on a yearly basis to the Member State the weight of separately collected packaging waste per material. Each Member State shall provide aggregated data per separately collected packaging material to the Commission. |
Amendment 270
Proposal for a regulation
Article 43 – paragraph 5
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Text proposed by the Commission |
Amendment |
5. By way of derogation from the separate waste collection obligation in paragraph 3, certain types of packaging waste may be collected together where such collection does not affect their potential to undergo recycling operations and results in output from those operations which is of comparable quality to that achieved through separate collection. |
deleted |
Amendment 271
Proposal for a regulation
Article 43 – paragraph 5 a (new)
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Text proposed by the Commission |
Amendment |
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5a. From 1 January 2030, Member States may ensure that packaging waste that is not separately collected is sorted prior to disposal or energy recovery operations to remove packaging designed for recycling. |
Amendment 272
Proposal for a regulation
Article 43 a (new)
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Text proposed by the Commission |
Amendment |
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Article 43a |
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Mandatory separate collection |
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1. By 1 January 2029, Member States shall take the necessary measures to ensure the separate collection of 90 % of the materials listed in Article 46 in a given year by weight. |
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The objective referred to in the first subparagraph may be achieved through all the measures referred to in this Regulation, as well as through separate out-of-home collection measures. |
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2. Paragraph 1 shall supplement separate collection targets laid down for single-use plastic bottles covered by Article 9 of Directive (EU) 2019/904. |
Amendment 273
Proposal for a regulation
Article 44 – paragraph 1 – point a
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Text proposed by the Commission |
Amendment |
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Amendment 274
Proposal for a regulation
Article 44 – paragraph 1 – point b
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Text proposed by the Commission |
Amendment |
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Amendments 275 and 430
Proposal for a regulation
Article 44 – paragraph 3 – introductory part
|
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Text proposed by the Commission |
Amendment |
3. Without prejudice to paragraph 1 of this Article, a Member State will be exempted from the obligation under paragraph 1 under the following conditions: |
3. Without prejudice to paragraph 1 of this Article, Member States will be exempted from the obligation under paragraph 1 provided that either of the following conditions is met : |
Amendment 276
Proposal for a regulation
Article 44 – paragraph 3 – point a
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Text proposed by the Commission |
Amendment |
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Amendment 277
Proposal for a regulation
Article 44 – paragraph 3 – point b
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Text proposed by the Commission |
Amendment |
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Amendment 278
Proposal for a regulation
Article 44 – paragraph 7
|
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Text proposed by the Commission |
Amendment |
7. 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 requirements set out in this Article. |
7. 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 requirements set out in this Article and the possibility to include packaging for other products . |
Amendment 279
Proposal for a regulation
Article 45 – paragraph 1
|
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Text proposed by the Commission |
Amendment |
1. Member States shall take measures to encourage the set-up of systems for re-use of packaging and systems for refill in an environmentally sound manner. Those systems shall comply with the requirements laid down in Articles 24 and 25 and Annex VI of this Regulation and shall not compromise food hygiene or the safety of consumers. |
1. By 31 December 2028, Member States shall take measures to ensure the set-up of systems for re-use of packaging with sufficient incentives for return and systems for refill in an environmentally sound manner. Those systems shall comply with the requirements laid down in Articles 24 and 25 and Annex VI of this Regulation and shall not compromise food hygiene or the safety of consumers. |
Amendment 280
Proposal for a regulation
Article 45 – paragraph 2 – point c
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Text proposed by the Commission |
Amendment |
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Amendment 281
Proposal for a regulation
Article 45 – paragraph 2 a (new)
|
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Text proposed by the Commission |
Amendment |
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2a. The Commission shall request European standardisation organisations the development of voluntary standards for reusable packaging, with the aim of promoting the characteristics needed for the deployment of well-designed re-use systems. Such standards shall address the design, labelling, cleaning, and traceability of reusable packaging, among other aspects. The Commission shall support the development and dissemination of such standards. |
Amendment 282
Proposal for a regulation
Article 45 – paragraph 2 b (new)
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Text proposed by the Commission |
Amendment |
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2b. Member States shall ensure that extended producer responsibility schemes and deposit systems dedicate a minimum share of their budget to financing reduction and prevention actions and re-use infrastructure for the deployment of re-use system. |
Amendment 283
Proposal for a regulation
Article 46 – paragraph 2 – introductory part
|
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Text proposed by the Commission |
Amendment |
2. Without prejudice to paragraph 1, point (a), a Member State may postpone the deadlines set out in paragraph 1, points (b)(i) to (vi), by up to 5 years, under the following conditions: |
2. Without prejudice to paragraph 1, point (a), and recognising the different starting point of each Member State in relation to the specific target defined for each material, a Member State, may postpone the deadlines set out in paragraph 1, points (b) (i) to (vi), by up to 5 years, under the following conditions: |
Amendment 284
Proposal for a regulation
Article 47 – paragraph 5
|
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Text proposed by the Commission |
Amendment |
5. Packaging waste exported out of the Union shall be calculated as recycled by the Member State in which it was collected only if, in accordance with Regulation (EC) No 1013/2006, the exporter can prove that the shipment of waste complies with the requirements of this Regulation and that the recycling of packaging waste outside the Union took place under conditions that are broadly equivalent to those prescribed by the relevant Union legislation. |
deleted |
Amendment 285
Proposal for a regulation
Article 47 – paragraph 9
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Text proposed by the Commission |
Amendment |
9. The amount of packaging waste materials that have ceased to be waste as a result of a preparatory operation before being reprocessed may be counted as recycled provided that such materials are destined for subsequent reprocessing into products, materials or substances to be used for the original or other purposes. However, end-of-waste materials to be used as fuels or other means to generate energy, or to be incinerated, backfilled or landfilled, shall not be counted as recycled. |
9. The amount of packaging waste materials that have ceased to be waste as a result of a recovery operation by which waste materials are reprocessed into products, materials or substances either for the original or other purposes may be counted as recycled . However, end-of-waste materials to be used as fuels or other means to generate energy, or to be incinerated, backfilled or landfilled, shall not be counted as recycled. |
Amendment 286
Proposal for a regulation
Article 47 – paragraph 12
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Text proposed by the Commission |
Amendment |
12. Packaging waste exported from the Union shall be counted as recycled by the Member State in which it was collected only if the requirements set out in paragraph 3 are met and if, in accordance with Regulation (EC) No 1013/2006, the exporter can prove that the shipment of waste complies with the requirements of that Regulation, including that the treatment of packaging waste outside the Union took place under conditions that are broadly equivalent to the requirements of the relevant Union environmental law. |
12. Packaging waste exported from the Union shall be counted as recycled by the Member State in which it was collected only if the requirements set out in paragraph 3 are met and if, in accordance with Regulation (EC) No 1013/2006, the exporter provides documentary evidence approved by the competent authority of destination that the shipment of waste complies with the requirements of that Regulation, including that the treatment of packaging waste outside the Union took place under conditions that are equivalent to the requirements of the relevant Union environmental law. |
Amendment 287
Proposal for a regulation
Article 49 – paragraph 1 – point f
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Text proposed by the Commission |
Amendment |
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Amendment 288
Proposal for a regulation
Article 50 – paragraph 1 – subparagraph 1 – point b
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Text proposed by the Commission |
Amendment |
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Amendment 289
Proposal for a regulation
Article 50 – paragraph 2 – introductory part
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Text proposed by the Commission |
Amendment |
2. Member States shall report for each packaging material and type as listed in Table 1 of Annex IX for each calendar year data on: |
2. Member States shall report for each calendar year data on: |
Amendment 290
Proposal for a regulation
Article 50 – paragraph 2 – point a
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Text proposed by the Commission |
Amendment |
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Amendment 291
Proposal for a regulation
Article 50 – paragraph 2 – point b
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Text proposed by the Commission |
Amendment |
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Amendment 292
Proposal for a regulation
Article 50 – paragraph 2 – point c
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Text proposed by the Commission |
Amendment |
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Amendment 293
Proposal for a regulation
Article 51 – paragraph 2 a (new)
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Text proposed by the Commission |
Amendment |
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Amendment 294
Proposal for a regulation
Article 52 – paragraph 1 – subparagraph 1
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Text proposed by the Commission |
Amendment |
Without prejudice to Article 19 of the Regulation (EU) 2019/1020, where the market surveillance authorities of one Member State have sufficient reason to believe that packaging covered by this Regulation presents a risk to the environment or human health, they shall carry out an evaluation in relation to the packaging concerned covering all requirements laid down in this Regulation that are relvant to the risk. The relevant economic operators shall cooperate as necessary with the market surveillance authorities. |
Without prejudice to Article 19 of the Regulation (EU) 2019/1020, where the market surveillance authorities of one Member State have sufficient reason to believe that packaging covered by this Regulation presents a risk to the environment or human and animal health, they shall , without undue delay, carry out an evaluation in relation to the packaging concerned covering all requirements laid down in this Regulation that are relevant to the risk. The relevant economic operators shall cooperate as necessary with the market surveillance authorities. |
Amendment 295
Proposal for a regulation
Article 52 – paragraph 6 – introductory part
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Text proposed by the Commission |
Amendment |
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Amendment 296
Proposal for a regulation
Article 53 – paragraph 1 – subparagraph 1
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Text proposed by the Commission |
Amendment |
Where, on completion of the procedure set out in Article 52(3) and (4) , objections are raised against a measure taken by a Member State, or where the Commission considers a national measure to be contrary to Union legislation, the Commission shall without delay enter into consultation with the Member States and the relevant economic operator or operators and shall evaluate the national measure. On the basis of the results of that evaluation, the Commission shall decide by means of an implementing act whether the national measure is justified or not. |
Where, on completion of the procedure set out in Article 52(5) and (6) , objections are raised against a measure taken by a Member State, or where the Commission considers a national measure to be contrary to Union legislation, the Commission shall without delay enter into consultation with the Member States and the relevant economic operator or operators and shall evaluate the national measure. On the basis of the results of that evaluation, the Commission shall decide by means of an implementing act whether the national measure is justified or not. |
Amendment 297
Proposal for a regulation
Article 54 – paragraph 1
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Text proposed by the Commission |
Amendment |
1. Where, having carried out an evaluation under Article 52, a Member State finds that although packaging is in compliance with the applicable requirements set out in Articles 5 to 11, it presents a risk to the environment or human health, it shall without delay require the relevant economic operator to take all appropriate measures, within a reasonable period prescribed by the market surveillance authorities and commensurate with the nature and, where relevant, the degree of risk, to ensure that the packaging concerned, when placed on the market, no longer presents that risk, to withdraw the packaging from the market or to recall it. |
1. Where, having carried out an evaluation under Article 52, a Member State finds that although packaging is in compliance with the applicable requirements set out in Articles 5 to 11, it presents a risk to the environment or to human and animal health, it shall without delay require the relevant economic operator to take all appropriate measures, within a reasonable period prescribed by the market surveillance authorities and commensurate with the nature and, where relevant, the degree of risk, to ensure that the packaging concerned, when placed on the market, no longer presents that risk, to withdraw the packaging from the market or to recall it. |
Amendment 298
Proposal for a regulation
Article 55 – paragraph 2 a (new)
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Text proposed by the Commission |
Amendment |
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2a. The authorities designated pursuant to Article 25(1) of Regulation (EU) 2019/1020 shall use the information communicated pursuant to paragraph 1 of this Article to carry out their risk analysis under Article 25(3) of Regulation (EU) 2019/1020. |
Amendment 299
Proposal for a regulation
Article 56 – paragraph 1 – point k a (new)
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Text proposed by the Commission |
Amendment |
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Amendment 300
Proposal for a regulation
Article 56 – paragraph 1 – point k b (new)
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Text proposed by the Commission |
Amendment |
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Amendment 301
Proposal for a regulation
Article 58 – paragraph 2
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Text proposed by the Commission |
Amendment |
2. The power to adopt delegated acts referred to in Article 5(5), Article 6(4), Article 6(6), Article 7(9), Article 7(10), Article 7(11 ), Article 8(5), Article 22(4), Article 26(16) and Article 57(3) shall be conferred on the Commission for a period of ten years from date of entry into force of this Regulation. The Commission shall draw up a report in respect of the delegation of power no later than nine months before the end of the five-year period. The delegation of power shall be tacitly extended for periods of an identical duration, unless the European Parliament or the Council opposes such extension no later than 3 months before the end of each period. |
2. The power to adopt delegated acts referred to in Article 5(5), Article 6(4), Article 6(6), Article 7(7) , Article 7(9) , Article 8(5), Article 22(4), Article 26(16) , Article 27(4) and Article 57(3) shall be conferred on the Commission for a period of five years from date of entry into force of this Regulation. The Commission shall draw up a report in respect of the delegation of power no later than nine months before the end of the five-year period. The delegation of power shall be tacitly extended for periods of an identical duration, unless the European Parliament or the Council opposes such extension no later than 3 months before the end of each period. |
Amendment 302
Proposal for a regulation
Article 58 – paragraph 3
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Text proposed by the Commission |
Amendment |
3. The delegation of power referred to in Article 5(5), Article 6(4), Article 6(6), Article 7(9), Article 7(10), Article 7(11 ), Article 8(5), Article 22(4), Article 26(16) and Article 57(3) may be revoked at any time by the European Parliament or by the Council. A decision to revoke shall put an end to the delegation of the power specified in that decision. It shall take effect the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force. |
3. The delegation of power referred to in Article 5(5), Article 6(4), Article 6(6), Article 7(7) , Article 7(9), Article 8(5), Article 22(4), Article 26(16) , Article 27(4) and Article 57(3) may be revoked at any time by the European Parliament or by the Council. A decision to revoke shall put an end to the delegation of the power specified in that decision. It shall take effect the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force. |
Amendment 303
Proposal for a regulation
Article 58 – paragraph 4
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Text proposed by the Commission |
Amendment |
4. Before adopting a delegated act, the Commission shall consult experts designated by each Member State in accordance with the principles laid down in the Interinstitutional Agreement of 13 April 2016 on Better Law-Making. |
4. Before adopting a delegated act, the Commission shall consult the Packaging Forum and experts designated by each Member State in accordance with the principles laid down in the Interinstitutional Agreement of 13 April 2016 on Better Law-Making. |
Amendment 304
Proposal for a regulation
Article 58 – paragraph 6
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Text proposed by the Commission |
Amendment |
6. A delegated act adopted pursuant to Article 5(5), Article 6(4), Article 6(6), Article 7(9), Article 7(10), Article 7(11 ), Article 8(5), Article 22(4), Article 26(16) and Article 57(3) shall enter into force only if no objection has been expressed either by the European Parliament or the Council within a period of two months of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by two months at the initiative of the European Parliament or of the Council. |
6. A delegated act adopted pursuant to Article 5(5), Article 6(4), Article 6(6), Article 7(7) , Article 7(9) , Article 8(5), Article 22(4), Article 26(16) , Article 27(4) and Article 57(3) shall enter into force only if no objection has been expressed either by the European Parliament or the Council within a period of two months of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by two months at the initiative of the European Parliament or of the Council. |
Amendment 305
Proposal for a regulation
Article 62 – paragraph 1
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Text proposed by the Commission |
Amendment |
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1. By [OP: Please insert the date = 24 months after the date of entry into force of this Regulation], Member States shall lay down the rules on penalties applicable to infringements of this Regulation and shall take all measures necessary to ensure that they are implemented. The penalties provided for shall be effective, proportionate and dissuasive. Failure to comply with the requirements of Articles 21 to 26 shall be sanctioned by an administrative fine imposed on the relevant economic operator. |
1. By [OP: Please insert the date = 24 months after the date of entry into force of this Regulation], Member States shall lay down the rules on penalties applicable to infringements of this Regulation and shall take all measures necessary to ensure that they are implemented. In accordance with Directive (EU) 2015/1535 of the European Parliament and of the Council (1a) , Member States shall communicate to the Commission those rules and of those measures and, without delay, of any subsequent amendments affecting them. The penalties provided for shall be effective, proportionate and dissuasive. |
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Those penalties may include: |
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Amendment 306
Proposal for a regulation
Article 62 a (new)
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Text proposed by the Commission |
Amendment |
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Article 62a |
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Access to Justice |
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1. Any natural or legal person having a sufficient interest, as determined in accordance with the existing national systems of legal remedies, including where such persons meet the criteria, if any, laid down in the national law, including persons who have submitted a substantiated concern in accordance with Article 62a, shall have access to administrative or judicial procedures to review the legality of the decisions, acts or failure to act of the competent authorities under this Regulation. |
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2. This Regulation shall be without prejudice to any provisions of national law which regulate access to justice and those which require that administrative review procedures be exhausted prior to recourse to judicial proceedings. |
Amendment 307
Proposal for a regulation
Article 62 b (new)
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Text proposed by the Commission |
Amendment |
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Article 62b |
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Request for action |
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1. Natural or legal persons affected or likely to be affected by a breach of this Regulation, or having a sufficient interest in environmental decision-making relating to the breach of this Regulation, shall be entitled to request the competent authorities to take action under this Regulation with respect to such a breach or an imminent threat of such a breach. |
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The interest of any non-governmental organisation promoting environmental protection and meeting the requirements laid down in Article 11 of Regulation (EC) No 1367/2006 of the European Parliament and of the Council shall be deemed sufficient for the purposes of the first subparagraph. |
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2. The request for action shall be accompanied by the relevant information and data supporting that request. |
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3. Where the request for action and the accompanying information and data show in a plausible manner that a breach of this Regulation has occurred, or that there is an imminent threat of such a breach, the competent authorities shall consider any such requests for action and information and data. In such circumstances, the competent authorities shall give the economic operator concerned an opportunity to make its views known with respect to the request for action and the accompanying information and data. |
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4. The competent authorities shall, without delay and in accordance with the relevant provisions of Union law, inform the persons who submitted a request pursuant to paragraph 1, of its decision to accede to or refuse the request for action and shall provide the reasons for it. |
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5. In case the competent authority accedes to the request for action, it shall notify the Commission. The Commission shall assess whether there is a breach of the Regulation beyond the Member State concerned. If it finds that there is a breach beyond the Member State concerned, it shall take adequate action to ensure compliance with the Regulation. |
Amendment 509
Proposal for a regulation
Article 63 – paragraph 1
|
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Text proposed by the Commission |
Amendment |
By [OP: Please insert the date = 8 years after the date of application of this Regulation], the Commission shall carry out an evaluation of this Regulation and of its contribution to the functioning of the internal market and the improvement of the environmental sustainability of packaging. The Commission shall present a report on the main findings of that evaluation to the European Parliament, the Council, the European Economic and Social Committee, and the Committee of the Regions. Member States shall provide the Commission with the information necessary for the preparation of that report. |
By [OP: Please insert the date = 8 years after the date of application of this Regulation], the Commission shall carry out an evaluation of this Regulation and of its contribution to the functioning of the internal market and the improvement of the environmental sustainability of packaging . That evaluation shall have a part dedicated to, inter alia, the impact of this Regulation on the agri-food system and on food waste . The Commission shall present a report on the main findings of that evaluation to the European Parliament, the Council, the European Economic and Social Committee, and the Committee of the Regions. Member States shall provide the Commission with the information necessary for the preparation of that report. |
Amendment 308
Proposal for a regulation
Article 64 – paragraph 2 – point a
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Text proposed by the Commission |
Amendment |
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Amendment 309
Proposal for a regulation
Article 64 – paragraph 2 – point a a (new)
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Text proposed by the Commission |
Amendment |
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Amendment 510/rev1
Proposal for a regulation
Annex I – paragraph 6
|
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Text proposed by the Commission |
Amendment |
Flower pots intended to be used only for the selling and transporting of plants and not intended to stay with the plant throughout its life time |
Transport trays and carry packs for flower and plants pots intended to be used only for selling and transporting |
Amendment 310
Proposal for a regulation
Annex I – paragraph 12
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Text proposed by the Commission |
Amendment |
Beverage system capsules (e.g. coffee , cacao, milk) |
Tea or coffee bags and pads, beverage system capsules (e.g. single-serve units for tea or coffee) |
Amendment 311
Proposal for a regulation
Annex I – paragraph 14 a (new)
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Text proposed by the Commission |
Amendment |
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Boxes used for toothpaste tubes |
Amendment 511/rev1
Proposal for a regulation
Annex I – paragraph 15
|
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Text proposed by the Commission |
Amendment |
Flower pots intended to stay with the plant throughout its life time |
Flower and plants pots, including directly fillable bedding packs, used throughout different stages of production or intended to be sold with the plant |
Amendment 312
Proposal for a regulation
Annex I – paragraph 44 a (new)
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Text proposed by the Commission |
Amendment |
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Tyre labelling stickers (EU 2020/740) |
Amendment 313
Proposal for a regulation
Annex II – Table 1 – row 2
Text proposed by the Commission
2 |
Glass |
Composite packaging, of which the majority is glass |
Bottles, jars, flacons, cosmetics pots, tubs |
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Amendment
2 |
Glass |
Composite packaging, of which the majority is glass |
Bottles, jars, flacons, cosmetics pots, tubs , aerosol cans |
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Amendment 314
Proposal for a regulation
Annex II – Table 1 – row 4
Text proposed by the Commission
4 |
Paper/cardboard |
Composite packaging of which the majority is paper/cardboard |
Including beverage cartons, plates and cups, i.e., metallised or plastic laminated paper/ card, liquid paperboard, paper/cardboard with plastic liners/ windows |
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Amendment
4 |
Paper/cardboard |
Composite packaging of which the majority is paper/cardboard |
Including beverage and non-beverage cartons, plates and cups, i.e., metallised or plastic laminated paper/ card, liquid paperboard, paper/cardboard with plastic liners/ windows |
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Amendment 315
Proposal for a regulation
Annex II – Table 1 – row 5
Text proposed by the Commission
5 |
Metal |
Steel |
Rigid packaging formats (aerosol, cans, paint tins, boxes, etc.) made of steel, including tinplate |
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Amendment
5 |
Metal |
Steel |
Rigid packaging formats (aerosol cans , cans, paint tins, boxes, etc.) made of steel, including tinplate |
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Amendment 316
Proposal for a regulation
Annex II – Table 1 – row 11 a (new)
Text proposed by the Commission
Amendment
(11a) |
Plastic |
PET - rigid |
Bottles and flasks |
Opaque white |
Amendment 317
Proposal for a regulation
Annex II – Table 1 – row 12
Text proposed by the Commission
12 |
Plastic |
PET - rigid |
Rigid packaging other than bottles and flasks (Includes pots, tubs and trays) |
Transparent |
Amendment
12 |
Plastic |
PET - rigid |
Rigid packaging other than bottles and flasks (Includes pots, tubs and trays , aerosol cans |
Transparent |
Amendment 397
Proposal for a regulation
Annex II
Annex II
Annex II
Text proposed by the Commission
Table 1
26 |
Plastic |
Other rigid plastics including, PVC, PC – rigid |
Rigid |
27 |
Plastic |
Other flexible plastics including multilayer plastic films, multimaterial materials – flexible |
Pouches |
Amendment
Table 1
26 |
Plastic |
Other rigid plastics including, PVC, PC, biodegradable polymers – rigid |
Rigid |
27 |
Plastic |
Other flexible plastics including multilayer plastic films, multimaterial materials, biodegradable materials – flexible |
Pouches |
Amendment 318
Proposal for a regulation
Annex II – Table 1 – row 26 a (new)
Text proposed by the Commission
Amendment
(26a) |
Plastic |
Rigid plastics used for industrial packaging |
IBCs, drums |
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Amendment 319
Proposal for a regulation
Annex II – Table 1 – row 27 a (new)
Text proposed by the Commission
Amendment
(27a) |
Plastic |
Flexible plastics used for industrial packaging |
FIBCs, bags |
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Amendment 320
Proposal for a regulation
Annex II – Table 2
Text proposed by the Commission
Recyclability Performance Grade |
Assessment of recyclability per unit, in weight |
Grade A |
higher or equal to 95 % |
Grade B |
higher or equal to 90 % |
Grade C |
higher or equal to 80 % |
Grade D |
higher or equal to 70 % |
Grade E |
lower than 70 % |
Amendment
Recyclability Performance Grade |
Assessment of recyclability per unit, in weight |
Grade A |
higher or equal to 95 % - High compatibility with design for recycling The packaging should be able to be recycled multiple times and is fully compatible with the design for recycling criteria. The generated secondary raw material is of comparable quality to feed a closed material loop scheme. |
Grade B |
higher or equal to 90 % - High to medium compatibility with design for recycling The packaging may have some minor recyclability issues that slightly affect the quality of the generated secondary raw material. However, the majority of the generated secondary raw material from this packaging can still potentially feed a closed material loop . |
Grade C |
higher or equal to 80 % - medium compatibility with design for recycling The packaging presents some recyclability issues that may affect the quality of the generated secondary raw materials and may lead to material losses during recycling. |
Grade D |
higher or equal to 70 % - Medium to low compatibility with design for recycling The packaging has significant design issues that highly affect its recyclability or imply large material losses during recycling. |
Grade E |
lower than 70 % - Low compatibility with design for recycling The packaging is not recyclable because of design issues and should not be placed on the market. |
Amendment 321
Proposal for a regulation
Annex II – Table 2 a (new)
Text proposed by the Commission
Amendment
Indicative parameters to be considered when establishing design criteria for recycling under Article 6
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Amendment 322
Proposal for a regulation
Annex III – paragraph 1 – introductory part
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Text proposed by the Commission |
Amendment |
Conditions to be considered when mandating the use of compostable packaging format: |
Conditions to be considered when mandating or introducing the use of compostable packaging format: |
Amendment 323
Proposal for a regulation
Annex III – paragraph 1 – point c
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Text proposed by the Commission |
Amendment |
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Amendment 324
Proposal for a regulation
Annex III – paragraph 1 – point e
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Text proposed by the Commission |
Amendment |
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Amendment 325
Proposal for a regulation
Annex IV – Part I – point 1
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Text proposed by the Commission |
Amendment |
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Amendment 419
Proposal for a regulation
Annex IV – Part I – point 3 a (new)
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Text proposed by the Commission |
Amendment |
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Amendment 441
Proposal for a regulation
Annex IV – Part I – point 6
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Text proposed by the Commission |
Amendment |
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Amendment 327
Proposal for a regulation
Annex IV – Part II – paragraph 1 – point a
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Text proposed by the Commission |
Amendment |
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Amendment 328
Proposal for a regulation
Annex V – row 1
Text proposed by the Commission
1. |
Single-use plastic grouped packaging |
Plastic packaging used at retail level to group goods sold in cans, tins, pots, tubs, and packets designed as convenience packaging to enable or encourage end users to purchase more than one product. This excludes grouped packaging necessary to facilitate handling distribution. |
Collation films, shrink wrap |
Amendment
1. |
Single-use plastic grouped packaging |
Plastic packaging used at the point of sale to group goods sold in bottles , cans, tins, pots, tubs, and packets designed as convenience packaging to enable or encourage consumers to purchase more than one product. This excludes grouped packaging necessary to facilitate handling in business-to-business distribution. |
Collation films, shrink wrap |
Amendments 391cp1 and 512
Proposal for a regulation
Annex V – point 2
Text proposed by the Commission
2. |
Single use plastic packaging, single use composite packaging or other single use packaging for fresh fruit and vegetables |
Single use packaging for less than 1.5 kg fresh fruit and vegetables, unless there is a demonstrated need to avoid water loss or turgidity loss, microbiological hazards or physical shocks. |
Nets, bags, trays, containers |
Amendment
deleted |
deleted |
deleted |
deleted |
Amendments 391cp2 and 513
Proposal for a regulation
Annex V – point 3
Text proposed by the Commission
3. |
Single use plastic, single use composite packaging or other single use packaging |
Single use packaging for foods and beverages filled and consumed within the premises in the HORECA sector, which include all eating area inside and outside a place of business, covered with tables and stools, standing areas, and eating areas offered to the end users jointly by several economic operators or third party for the purpose of food and drinks consumption. |
Trays, disposable plates and cups, bags, foil, boxes |
Amendment
deleted |
deleted |
deleted |
deleted |
Amendment 391cp3
Proposal for a regulation
Annex V – row 4
Text proposed by the Commission
4. |
Single use packaging for condiments, preserves, sauces, coffee creamer, sugar, and seasoning in HORECA sector |
Single use packaging in the HORECA sector, containing individual portions or servings, used for condiments, preserves, sauces, coffee creamer, sugar and seasoning, except such packaging provided together with take-away ready-prepared food intended for immediate consumption without the need of any further preparation |
Sachets, tubs, trays, boxes |
Amendment
deleted |
deleted |
deleted |
deleted |
Amendment 332
Proposal for a regulation
Annex V – row 5
Text proposed by the Commission
5. |
Single use hotel miniature packaging |
For cosmetics, hygiene and toiletry products of less than 50 ml for liquid products or less than 100 g for non-liquid products |
Shampoo bottles, hand and body lotion bottles, sachets around miniature bar soap |
Amendment
5. |
Single use plastic hotel miniature packaging |
For cosmetics as defined in Article 2 of Regulation (EC) No 1223/2009, hygiene and toiletry products of less than 100 ml for liquid products or less than 100 g for non-liquid products |
Shampoo bottles, hand and body lotion bottles, sachets around miniature bar soap |
Amendment 333
Proposal for a regulation
Annex V – row 5 a (new)
Text proposed by the Commission
Amendment
5a. |
Single use plastic packaging in airports |
For suitcases and bags |
Shrink wrap |
Amendment 334
Proposal for a regulation
Annex V – row 5 b (new)
Text proposed by the Commission
Amendment
5b. |
Secondary packaging not necessary to comply with the performance criteria in Annex IV |
For cosmetics, except perfumes, hygiene and toiletry products |
Boxes for toothpaste and creams |
Amendment 436
Proposal for a regulation
Annex V - row 5 c (new)
Text proposed by the Commission
Amendment
5c. |
Single-use plastic packaging used as filling material |
Plastic packaging used to protect certain material during handling |
Chips of polystyrene |
Amendment 335
Proposal for a regulation
Annex VI – Part A – paragraph 3 a (new)
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Text proposed by the Commission |
Amendment |
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Open loop systems established prior to the entry into force of this Regulation shall be exempted from the requirements under Part A, 1. (a), (b), (c), (d), (f) and (g). |
Amendment 336
Proposal for a regulation
Annex VI – part B – point 1
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Text proposed by the Commission |
Amendment |
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Amendment 337
Proposal for a regulation
Annex VI – part C - point b
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Text proposed by the Commission |
Amendment |
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Amendment 338
Proposal for a regulation
Annex X – paragraph 2 – point j
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Text proposed by the Commission |
Amendment |
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Amendment 339
Proposal for a regulation
Annex X – paragraph 2 – point l a (new)
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Text proposed by the Commission |
Amendment |
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Amendment 340
Proposal for a regulation
Annex X – paragraph 2 – point o
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Text proposed by the Commission |
Amendment |
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Amendment 341
Proposal for a regulation
Annex X – paragraph 3
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Text proposed by the Commission |
Amendment |
In addition to the minimum requirements, Member States may set additional requirements, as appropriate, in order to ensure the fulfilment of the objectives of this Regulation, in particular to increase the purity of the collected packaging waste, reduce litter or promote other circular economy objectives. |
In addition to the minimum requirements, Member States may set additional requirements, as appropriate, in order to ensure the fulfilment of the objectives of this Regulation, in particular to increase the purity of the collected packaging waste, reduce litter or promote other circular economy objectives such as ensuring a safe and fair access to recycled feedstock for use in applications that allow further recyclability and may be re-used in the same way or for the same or similar product category it comes from . |
(*1) References to ‘cp’ in the headings of adopted amendments shall be understood as the corresponding part of those amendments.
(1) The matter was referred back for interinstitutional negotiations to the committee responsible, pursuant to Rule 59(4), fourth subparagraph (A9-0319/2023).
(30) Eurostat, Packaging waste statistics: https://ec.europa.eu/eurostat/statistics-explained/index.php?title=Packaging_waste_statistics
(30) Eurostat, Packaging waste statistics: https://ec.europa.eu/eurostat/statistics-explained/index.php?title=Packaging_waste_statistics
(33) https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=COM%3A2019%3A640%3AFIN
(33) https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=COM%3A2019%3A640%3AFIN
(34) https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=COM:2020:98:FIN&WT.mc_id=Twitter
(34) https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=COM:2020:98:FIN&WT.mc_id=Twitter
(41) Directive 2008/98/EC of the European Parliament and of the Council of 19 November 2008 on waste and repealing certain Directives (OJ L 312, 22.11.2008, p. 3).
(41) Directive 2008/98/EC of the European Parliament and of the Council of 19 November 2008 on waste and repealing certain Directives (OJ L 312, 22.11.2008, p. 3).
(1a) Council Directive 1999/31/EC of 26 April 1999 on the landfill of waste (OJ L 182, 16.7.1999, p. 1).
(1a) https://www.efsa.europa.eu/en/efsajournal/pub/3978
(50) 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).
(50) 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).
(51) 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).
(51) 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).
(52) 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).
(52) 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).
(53) 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).
(53) 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).
(53a) Regulation (EU) No 609/2013 of the European Parliament and of the Council of 12 June 2013 on food intended for infants and young children, food for special medical purposes, and total diet replacement for weight control and repealing Council Directive 92/52/EEC, Commission Directives 96/8/EC, 1999/21/EC, 2006/125/EC and 2006/141/EC, Directive 2009/39/EC of the European Parliament and of the Council and Commission Regulations (EC) No 41/2009 and (EC) No 953/2009 (OJ L 181, 29.6.2013, p. 35).
(55) Regulation (EU) No 182/2011 of the European Parliament and of the Council of 16 February 2011 laying down the rules and general principles concerning mechanisms for control by Member States of the Commission’s exercise of implementing powers (OJ L 55, 28.2.2011, p. 13).
(55) Regulation (EU) No 182/2011 of the European Parliament and of the Council of 16 February 2011 laying down the rules and general principles concerning mechanisms for control by Member States of the Commission’s exercise of implementing powers (OJ L 55, 28.2.2011, p. 13).
(57) Packaging – Requirements specific to manufacturing and composition – Prevention by source reduction.
(57) Packaging – Requirements specific to manufacturing and composition – Prevention by source reduction.
(57a) Council Regulation (EC) No 6/2002 of 12 December 2001 on Community designs (OJ L 3, 5.1.2002, p. 1).
(58) https://www.pro-e.org/the-green-dot-trademark
(66) Regulation (EU) 2022/2065 of the European Parliament and of the Council of 19 October 2022 on a Single Market For Digital Services and amending Directive 2000/31/EC (Digital Services Act) (OJ L 277, 27.10.2022, p. 1).
(66) Regulation (EU) 2022/2065 of the European Parliament and of the Council of 19 October 2022 on a Single Market For Digital Services and amending Directive 2000/31/EC (Digital Services Act) (OJ L 277, 27.10.2022, p. 1).
(1a) Regulation (EU) 2021/1119 of the European Parliament and of the Council of 30 June 2021 establishing the framework for achieving climate neutrality and amending Regulations (EC) No 401/2009 and (EU) 2018/1999 (‘European Climate Law’)( OJ L 243, 9.7.2021, p. 1).
(73) Regulation (EU) 2019/1020 of the European Parliament and of the Council of 20 June 2019 on market surveillance and compliance of products and amending Directive 2004/42/EC and Regulations (EC) No 765/2008 and (EU) No 305/2011 (OJ L 169, 25.6.2019, p. 1).
(73) Regulation (EU) 2019/1020 of the European Parliament and of the Council of 20 June 2019 on market surveillance and compliance of products and amending Directive 2004/42/EC and Regulations (EC) No 765/2008 and (EU) No 305/2011 (OJ L 169, 25.6.2019, p. 1).
(1a) Directive 2002/46/EC of the European Parliament and of the Council of 10 June 2002 on the approximation of the laws of the Member States relating to food supplements (OJ L 183, 12.7.2002, p. 51).
(1a) Communication for an EU policy framework on bio-based, biodegradable and compostable plastics, COM(2022), 682 final, 30/11/2022.
(1a) Commission Recommendation of 6 May 2003 concerning the definition of micro, small and medium-sized enterprises (OJ L 124, 20.5.2003, p. 36).
(1a) Directive 2003/4/EC of the European Parliament and of the Council of 28 January 2003 on public access to environmental information and repealing Council Directive 90/313/EEC (OJ L 41, 14.2.2003, p. 26).
(1a) Directive (EU) 2015/1535 of the European Parliament and of the Council of 9 September 2015 laying down a procedure for the provision of information in the field of technical regulations and of rules on Information Society services (OJ L 241, 17.9.2015, p. 1).
ELI: http://data.europa.eu/eli/C/2024/4250/oj
ISSN 1977-091X (electronic edition)