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From · opinion parliamentary committee · 2023-07-20 IMCO-AD-746894 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

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To · opinion parliamentary committee draft · 2023-05-02 IMCO-PA-746894 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

+546 added · −189 removed · 49 modified paragraphs hide unchanged text

Proposal for a regulation

Recital 448

Text proposed by the Commission

Amendment

(44) It is necessary to inform consumers and to enable them to appropriately dispose of packaging waste, including compostable lightweight and very lightweight plastic carrier bags. The most appropriate manner to do this is to establish a harmonised labelling system based on the material composition of packaging for sorting of waste, and to pair it with corresponding labels on waste receptacles.

(8) The European Parliament’s Resolution of 10 February 2021 on the New Circular Economy Action Plan39 reiterated the objective of making all packaging reusable or recyclable in an economically viable way by 2030 and called on the Commission to present a legislative proposal including waste reduction measures and targets and ambitious essential requirements in the Packaging and Packaging Waste Directive to reduce excessive packaging, including in e-commerce, improve recyclability and minimise the complexity of packaging, increase recycled content, phase out hazardous and harmful substances, and promote re-use.

(44) It is necessary to inform consumers in a clear and intellegible manner which is fully accessible by persons with disabilities, and to enable them to appropriately dispose of packaging waste, including compostable lightweight and very lightweight plastic carrier bags. The most appropriate manner to do this is to establish a harmonised colour labelling system based on the material composition of packaging for sorting of waste, and to pair it with corresponding colour labels on waste receptacles. The need for such a harmonised labelling system to be recognized by all citizens irrespective of their circumstances should be a guiding factor in their design. This can be achieved through the use of pictograms without the need for national text. This would also serve to minimize the costs for translation of language otherwise required. The labelling system should also inform consumers about substances in packaging that may be hazardous, in line with relevant CLP labelling requirements. To this end, the Commission and Member States should provide the necessary tools and incentives, including economic ones, with special attention to micro and small enterprises.

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39 https://www.europarl.europa.eu/doceo/document/TA-9-2021-0040_EN.html

Or. fr

Amendment 2

Proposal for a regulation

Recital 4412 a (new)

Text proposed by the Commission

Amendment

(44a) Sorting is an essential step to ensure greater packaging circularity. The improvement of sorting capacities, notably through technological innovations, should be encouraged in order to allow a better quality of sorting, and thus a better quality of feedstock for recycling.

(12a) Packaging plays an important role in reducing food waste. According to the European Food Safety Agency (EFSA), food packaging protects food from microorganisms and makes it easier to store and to prolong the shelf life of food. Packaging helps to conserve food, ensures that its composition and organoleptic properties are not compromised, protects it from mechanical damage and physical shocks, and acts as an effective barrier against microbiological degradation, oxygen or loss of flavourings, thereby increasing the shelf-life of food products. Any targets to reduce the amount of packaging placed on the market must not undermine the functionality of packaging and must not compromise the Union’s ambitions to reduce food waste.

Or. fr

Amendment 3

Proposal for a regulation

Recital 4513

Text proposed by the Commission

Amendment

(45) To facilitate consumers in the sorting and disposing of packaging waste, a system of harmonised symbols should be introduced and required to be placed both on packaging and on waste receptacles, thus allowing consumers to match the symbols for the purposes of disposal. The symbols should enable appropriate waste management as it should provide consumers with information about the composting properties of such packaging, in particular to avoid consumer confusion that compostable packaging is not as such suitable for home-composting. This approach should improve the separate collection of packaging waste, leading to higher quality recycling of packaging waste, and introduce a level of harmonisation of the packaging waste collection systems on the internal market. It is also necessary to harmonise symbols associated with the mandatory deposit and return systems. Considering that it is not collected through municipal waste collection systems, the use of those symbols should not be mandatory for transport packaging with the exception of the e-commerce packaging.

(45) To facilitate consumers in the sorting and disposing of packaging waste, a system of harmonised symbols should be introduced and required to be placed both on packaging and on waste receptacles, thus allowing consumers to match the symbols for the purposes of disposal. The symbols should enable appropriate waste management as it should provide consumers with information about the composting properties of such packaging, in particular to avoid consumer confusion that compostable packaging is not as such suitable for home-composting. The label on the packaging should be easily understood and without the need for a national text. This approach should improve the separate collection of packaging waste, leading to higher quality recycling of packaging waste, and introduce a level of harmonisation of the packaging waste collection systems on the internal market. It is also necessary to assess the possibilities to harmonise symbols associated with the mandatory deposit and return systems. Considering that it is not collected through municipal waste collection systems, the use of those symbols should not be mandatory for transport packaging with the exception of the e-commerce packaging, and for reusable packaging. Similarly, packaging subject to deposit and return systems should be identified by means denoting participation in the system without the need to indicate material composition.

(13) Packaging should be designed, manufactured and commercialised in such a way as to allow for its re-use or high-quality recycling, and to minimise its impact on the environment during its entire life-cycle and the life cycle of products, for which it was designed. This can also justify deviations from the waste hierarchy, pursuant to Article 4(2) of Directive 2008/98/EC, for example with regard to the use of recyclable single-use packaging and reusable packaging.

Or. fr

Amendment 4

Proposal for a regulation

Recital 4620

Text proposed by the Commission

Amendment

(46) Labelling of recycled content in packaging should not be mandatory as this information is not critical to ensure the proper end-of-life treatment of packaging. However, manufacturers will be required to meet recycled content targets under this Regulation and they may wish to display that information on their packaging to inform consumers thereof. To ensure that this information is communicated in a harmonised manner across the Union, a label to indicate the recycled content should be harmonised.

(20) Designing packaging with the objective of its recycling, once it becomes packaging waste, is one the most efficient measures to improve the packaging circularity and raise packaging recycling rates and the use of recycled content in packaging. Packaging design for recycling criteria have been established for a number of packaging formats under voluntary industry schemes or by some Member States for the purpose of the modulation of extended producer responsibility fees. In order to prevent barriers to the internal market and provide industry with a level playing field, and with the objective to promote the sustainability of packaging, it is important to set mandatory requirements regarding the recyclability of packaging, by harmonising the criteria and the methodology for assessing packaging recyclability based on a design for recycling methodology at the Union level. In order to meet the objective set out in the CEAP that, by 2030, all packaging should be recyclable or reusable, in an economically viable manner, packaging recyclability performance grades should be established based on design for recycling criteria for packaging categories as listed in Annex II. However, packaging should comply with them only as of 1 January 2030 in order to give sufficient time to the economic operators to adapt.

(46) Labelling of recycled content in packaging should be mandatory as this information could have an impact on the purchase decisions of consumers. Manufacturers will be required to meet recycled content targets under this Regulation and they may wish to display that information on their packaging to inform consumers thereof. To ensure that this information is communicated in a harmonised manner across the Union, a label to indicate the recycled content should be harmonised.

(20) Designing packaging with the objective of its recycling, once it becomes packaging waste, is one the most efficient measures to improve the packaging circularity and raise packaging recycling rates and the use of recycled content in packaging. Packaging design for recycling criteria have been established for a number of packaging formats under voluntary industry schemes or by some Member States for the purpose of the modulation of extended producer responsibility fees. In order to prevent barriers to the internal market and provide industry with a level playing field, and with the objective to promote the sustainability of packaging, while ensuring product marketing and consumer acceptance, it is important to set mandatory requirements regarding the recyclability of packaging, by harmonising the criteria and the methodology for assessing packaging recyclability based on a design for recycling methodology at the Union level. In order to meet the objective set out in the CEAP that, by 2030, all packaging should be recyclable or reusable, in an economically viable manner, packaging recyclability performance grades should be established based on design for recycling criteria for packaging categories as listed in Annex II. However, packaging should comply with them only as of 1 January 2030 in order to give sufficient time to the economic operators to adapt.

Or. fr

Amendment 5

Proposal for a regulation

Recital 4722

Text proposed by the Commission

Amendment

(47) In order to inform end-users about reusability, availability of systems for re-use and location of collection points as regards reusable packaging, such packaging should bear a QR code or other data carrier that provides such information. The QR code should also facilitate tracking and the calculation of trips and rotations. In addition, reusable sales packaging should be clearly identified at the point of sale.

(22) In order to establish harmonised rules on packaging design to ensure its recyclability, the power to adopt delegated acts should be delegated to the Commission to set out detailed criteria for packaging design for recycling per packaging materials and categories, as well as for the assessment of the packaging recyclability at scale including for categories of packaging not listed in this Regulation. In order to give economic operators and Member States sufficient time to collect and report the necessary data to establish the “at scale” recycling methodology, the manufacturers should ensure that packaging is recycled at scale as of 2035. That should ensure that packaging complies with the design for recycling criteria, and is also recycled in practice on the basis of the state of the art processes for separate collection, sorting and recycling.

(47) In order to inform end-users about reusability, availability of systems for re-use and location of collection points as regards reusable packaging, such packaging should bear an electronically readable code or other data carrier that provides such information, which should also facilitate tracking and the calculation of trips and rotations. In addition, reusable sales packaging should be clearly identified at the point of sale. To this end, the Commission and the Member States should provide incentives, including economic ones, especially to micro-enterprises and SMEs.

(22) In order to establish harmonised rules on packaging design to ensure its recyclability and its ability to function as intended, the power to adopt delegated acts should be delegated to the Commission to set out detailed criteria for packaging design for recycling per packaging materials and categories, as well as for the assessment of the packaging recyclability at scale including for categories of packaging not listed in this Regulation. In order to give economic operators and Member States sufficient time to collect and report the necessary data to establish the “at scale” recycling methodology, the manufacturers should ensure that packaging is recycled at scale as of 2035. That should ensure that packaging complies with the design for recycling criteria, and is also recycled in practice on the basis of the state of the art processes for separate collection, sorting and recycling.

Or. fr

Amendment 6

Proposal for a regulation

~~Recital 49~~

Recital 22 a (new)

Text proposed by the Commission

Amendment

(49) To support the implementation of the objectives of this Regulation, consumers should be protected from misleading and confusing information about packaging characteristics and its appropriate end-of-life treatment, for which harmonised labels have been established under this Regulation. It should be possible to identify packaging included in the extended producer responsibility scheme by means of an accreditation symbol throughout the territory of that system. That symbol should be clear and unambiguous to consumers or users as to the recyclability of packaging. To this end, it could be considered that the Green Dot symbol, which is used in some Member States to signify that a producer has made a financial contribution to a national packaging recovery system58 , could mislead consumers to believe that packaging bearing such a symbol is always recyclable.

(22a) In order to ensure a balanced participation of all stakeholders to ensure a sound scientific basis for the implementation of this regulation, the Commission should establish an ad hoc expert group, made up of representatives of the Member States and of all interested parties in the packaging industry, including representatives of the waste treatment industry, packaging manufacturers and suppliers, distributors, retailers, importers, SMEs, environmental protection groups and consumer organisations. The Commission should consult this ‘Forum on Packaging and Packaging Waste’ in order for it to be able to contribute in particular to the preparation of all delegated and implementing acts provided for in this regulation.

Or. fr

~~__________________~~

~~58 https://www.pro-e.org/the-green-dot-trademark~~

Amendment 7

Proposal for a regulation

~~Recital 58~~

Recital 26 a (new)

Text proposed by the Commission

Amendment

(58) Any importer or distributor that either places on the market packaging under their own name or trademark, or modifies such a product in such a way that compliance with this Regulation might be affected, should be considered to be the manufacturer and should assume the manufacturer’s obligations.

(26a) The low use of secondary materials by economic operators may be due to a structural market imbalance, as the supply of recycled materials cannot meet demand. This may be due to insufficient waste collection for recycling and sorting, or because the material is trapped in applications that cannot be recycled, including applications that fall outside the scope of this legislation. In the meantime, as a matter of principle, any obligations pertaining to recycled content should be accompanied by incentives, such as, where technically feasible, prioritising closed-loop recycling, whereby producers with recycled-content targets have preferential access to material derived from their packaging which was actually recycled. Closed-loop recycling would stimulate the supply of secondary materials, reduce dependencies and encourage designs tailored towards recycling and recyclability.

(58) Any economic operator other than manufacturer that either places on the market packaging under their own name or trademark, or modifies such a product in such a way that compliance with this Regulation might be affected, should be considered to be the manufacturer and should assume the manufacturer’s obligations.

Or. fr

Amendment 8

Proposal for a regulation

Recital 9840

Text proposed by the Commission

Amendment

(98) Regulation (EU) 2022/2065 of the European Parliament and of the Council66 lays down rules on the traceability of traders, which more specifically contain obligations for providers of online platforms allowing consumers to conclude distance contracts with producers offering packaging to consumers located in the Union. In order to prevent free-riding from the extended producer responsibility obligations, it should be specified how such providers of online platforms should fulfil those obligations with regard to the registers of packaging producers established pursuant to this Regulation. In that context, 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 should obtain from those producers information about their compliance with the extended producer responsibility rules set out in this Regulation. The rules on traceability of traders selling packaging online are subject to the enforcement rules set out in Regulation (EU) 2022/2065.

(40) Packaging should be designed so as to minimise its volume and weight while maintaining its ability to perform the packaging functions. The manufacturer of packaging should assess the packaging against the performance criteria, as listed in Annex IV of this Regulation. In view of the objective of this Regulation to reduce packaging and packaging waste generation and to improve circularity of packaging across the internal market, it is appropriate to further specify the existing criteria and to make them more stringent. The list of the packaging performance criteria, as listed in the existing harmonised standard EN 13428:200057, should therefore be modified. While marketing and consumer acceptance remain relevant for packaging design, they should not be part of performance criteria justifying on their own additional packaging weight and volume. However, this should not compromise product specifications for craft and industrial products and food and agricultural products that are registered and protected under the EU geographical indication protection scheme, as part of the Union’s objective to protect cultural heritage and traditional know-how. On the other hand, recyclability, the use of recycled content, and re-use may justify additional packaging weight or volume, and should be added to the performance criteria. Packaging with double walls, false bottoms and other characteristics only aimed to increase the perceived product volume should not be placed on the market, as it does not meet the requirement for packaging minimisation. The same rule should apply to superfluous packaging not necessary for ensuring packaging functionality.

(98) Regulation (EU) 2022/2065 of the European Parliament and of the Council66 lays down rules on the traceability of traders, which more specifically contain obligations for providers of online platforms allowing consumers to conclude distance contracts with traders offering packaging to consumers located in the Union. In order to prevent free-riding from the extended producer responsibility obligations, it should be specified how such providers of online marketplaces and fulfilment service providers should fulfil those obligations with regard to the registers of packaging producers established pursuant to this Regulation. In that context, providers of online marketplaces and fulfilment service providers should be required to comply with the extended producer responsibility requirements, unless they can prove that the traders offering packaging to consumers located in the Union are complying with the applicable requirements set out in this Regulation prior to placing these products on the market or handling these products. The rules on traceability of traders selling packaging online are subject to the enforcement rules set out in Regulation (EU) 2022/2065.

(40) Packaging should be designed so as to minimise its volume and weight while maintaining its ability to perform the packaging functions. The manufacturer of packaging should assess the packaging against the performance criteria, as listed in Annex IV of this Regulation. In view of the objective of this Regulation to reduce packaging and packaging waste generation and to improve circularity of packaging across the internal market, it is appropriate to further specify the existing criteria and to make them more stringent. The list of the packaging performance criteria, as listed in the existing harmonised standard EN 13428:200057, should therefore be modified. While marketing and consumer acceptance remain important for packaging design, they should not constitute the main performance criteria justifying on their own additional packaging weight and volume. This should not compromise product specifications for craft and industrial products and food, beverages and agricultural products that are registered and protected under the EU geographical indication protection scheme, as part of the Union’s objective to protect cultural heritage and traditional know-how and intellectual property. On the other hand, recyclability, the use of recycled content, and re-use may justify additional packaging weight or volume, and should be added to the performance criteria. Packaging with double walls, false bottoms and other characteristics only aimed to increase the perceived product volume should not be placed on the market, as it does not meet the requirement for packaging minimisation. The same rule should apply to superfluous packaging not necessary for ensuring packaging functionality.

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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).

57 Packaging – Requirements specific to manufacturing and composition – Prevention by source reduction.

Or. fr

Amendment 9

Proposal for a regulation

Recital ~~110~~41

Text proposed by the Commission

Amendment

(110) Directive 94/62/EC requires the Commission to review the 2030 recycling targets for packaging with the view to maintaining or, if appropriate, increasing them. However, it is not yet appropriate to amend the targets set for 2030 as evidence shows that some Member States still have difficulties with meeting the existing targets. For this reason, measures encouraging manufacturers to place on the market more recyclable packaging, and thereby helping Member States to achieve the recycling targets, should be set up. In the future, more recyclable packaging, coupled with greater granularity of data on the packaging flows, should be reported to the Commission. That will enable the Commission to review the targets with the possibility of maintaining or increasing them. In order to take account of the effect of the measures aimed at improving the packaging recyclability, the review should not take place earlier than the envisaged general evaluation of the Regulation, i.e. 8 years after its entry into force. During that review, attention should also be paid to the possibility of introducing new targets on a more granular basis than the current targets.

(41) In order to comply with the packaging minimisation requirements, particular attention should be paid to limiting the empty space, grouped and transport packaging, including e-commerce packaging.

(110) Directive 94/62/EC requires the Commission to review the 2030 recycling targets for packaging with the view to maintaining or, if appropriate, increasing them. However, it is not yet appropriate to amend the targets set for 2030 as evidence shows that some Member States still have difficulties with meeting the existing targets. For this reason, measures encouraging manufacturers to place on the market more recyclable packaging, and thereby helping Member States to achieve the recycling targets, should be set up. In the future, more recyclable packaging, coupled with greater granularity of data on the packaging flows, should be reported to the Commission. That will enable the Commission to review the targets with the possibility of maintaining or increasing them. In order to take account of the effect of the measures aimed at improving the packaging recyclability, the review should not take place earlier than the envisaged general evaluation of the Regulation, i.e. 6 years after its entry into force. During that review, attention should also be paid to the possibility of introducing new targets on a more granular basis than the current targets.

(41) In order to comply with the packaging minimisation requirements, particular attention should be paid to limiting the empty space, grouped and transport packaging, including e-commerce packaging, while taking into account the size of the product and the requirements for delivery, including labelling.

Or. fr

Amendment 10

Proposal for a regulation

~~Recital 123 a (new)~~

Recital 43

Text proposed by the Commission

Amendment

(123a) In deciding on which checks to perform, market surveillance authorities should follow a risk-based approach taking into account factors such as the risks of circumvention of the requirements in this Regulation, the nature and material composition of the packaging, the length and complexity of the packaging’s value chain, the economic operator's past record of non-compliance, or consumer complaints and other information received from other authorities, economic operators, media and other sources that might indicate non-compliance.

(43) To promote the circularity and sustainable use of packaging, reusable packaging and systems for re-use should be incentivised. For that purpose, it is necessary to clarify the notion of reusable packaging and to ensure that it is linked not only to the packaging design, which should enable a maximum number of trips or rotations and maintaining the safety, quality and hygiene requirements when being emptied, unloaded, refilled or reloaded, but also to the setting up of systems for re-use respecting minimum requirements as set out in this Regulation. In order to facilitate conformity assessment with requirements on reusable packaging, it is necessary to provide for presumption of conformity for packaging which is in conformity with harmonised standards adopted in accordance with Regulation (EU) No 1025/2012 for the purpose of expressing detailed technical specifications of those requirements and define reusable packaging criteria and formats, including minimum number of trips or rotations, standardised designs, as well as requirements for systems for re-use, including hygiene requirements.

Or. fr

Amendment 11

Proposal for a regulation

~~Recital 124~~

Recital 43 a (new)

Text proposed by the Commission

Amendment

(124) Packaging should be placed on the market only if it does not present a known risk to the environment and human health. In order to better align with the specific nature of sustainability requirements and to ensure that the focus of market surveillance efforts is on non-compliance with such requirements, packaging presenting a risk should, for the purposes of this Regulation, be defined as packaging that, by not complying with a sustainability requirement or because a responsible economic operator does not comply with a sustainability requirement, may adversely affect the environment or other public interests protected by the relevant requirements.

(43a) While reusable packaging can contribute effectively to the preservation of the environment, the whole reusable packaging supply chain must also be sustainable. In this respect, the production of such packaging should be encouraged in the Union and the purchase of reusable packaging from third countries should be minimised, while ensuring the competitiveness of European economic operators.

(124) Packaging should be placed on the market only if it does not present a known risk to the environment or to human or animal health. In order to better align with the specific nature of sustainability requirements and to ensure that the focus of market surveillance efforts is on non-compliance with such requirements, packaging presenting a risk should, for the purposes of this Regulation, be defined as packaging that, by not complying with a sustainability requirement or because a responsible economic operator does not comply with a sustainability requirement, may adversely affect the environment or other public interests protected by the relevant requirements.

Or. fr

Amendment 12

Proposal for a regulation

~~Recital 125~~

Recital 44 a (new)

Text proposed by the Commission

Amendment

(125) A procedure should exist under which interested parties are informed of measures intended to be taken with regard to packaging presenting a risk. It should also allow market surveillance authorities in the Member States, in cooperation with the relevant economic operators, to act at an early stage with regard to such packaging. In order to ensure uniform conditions for the implementation of this Regulation, the power to adopt implementing acts in accordance with Article 291 of the Treaty should be delegated to the Commission to determine whether national measures in respect of non-compliant products are justified or not.

(44a) Consumers play a key role in the collection and sorting of waste. The Member States must continue with initiatives to promote accessible and easily understandable tools for consumers to sort and dispose of their waste.

(125) A procedure should exist under which interested parties are informed of measures intended to be taken with regard to packaging presenting a risk. The right to be heard for the economic operator and the principle of due process should always be respected. It should also allow market surveillance authorities in the Member States, in cooperation with the relevant economic operators, to act at an early stage with regard to such packaging. In order to ensure uniform conditions for the implementation of this Regulation, the power to adopt implementing acts in accordance with Article 291 of the Treaty should be delegated to the Commission to determine whether national measures in respect of non-compliant products are justified or not.

Or. fr

Amendment 13

Proposal for a regulation

Recital ~~127~~67

Text proposed by the Commission

Amendment

(127) In case of human health concerns, the market surveillance shall not evaluate a risk to human or animal health originating from the packaging material, if transferred to the packaged content of the packaging material, but alert the authorities, competent for controlling the risks and appointed pursuant to Regulation (EU) 2017/625 of the European Parliament and of the Council74 , Regulation (EU) 2017/745, Regulation (EU) 2017/746, Directive 2001/83/EC or Regulation (EU) 2019/6.

(67) In order to reduce the increasing proportion of packaging that is single use and the growing amounts of packaging waste generated, it is necessary to establish quantitative re-use and refill targets on packaging in sectors, which have been assessed as having the greatest potential for packaging waste reduction, namely food and beverages for take-away, large-white goods and transport packaging. This was appraised based on factors such as existing systems for re-use, necessity of using packaging and the possibility of fulfilling the functional requirements in terms of containment, tidiness, health, hygiene and safety. Differences of the products and their production and distribution systems, were also taken into account. The setting of the targets is expected to support the innovation and increase the proportion of re-use and refill solutions. The use of single use packaging for food and beverages filled and consumed within the premises in the HORECA sector should not be allowed.

(127) In case of human health concerns, the market surveillance shall not evaluate a risk to human or animal health originating from the packaging material, if transferred to the packaged content of the packaging material, but without undue delay alert the authorities, competent for controlling the risks and appointed pursuant to Regulation (EU) 2017/625 of the European Parliament and of the Council74 , Regulation (EU) 2017/745, Regulation (EU) 2017/746, Directive 2001/83/EC or Regulation (EU) 2019/6.

~~__________________~~

Or. fr

~~__________________~~

74 Regulation (EU) 2017/625 of the European Parliament and of the Council of 15 March 2017 on official controls and other official activities performed to ensure the application of food and feed law, rules on animal health and welfare, plant health and plant protection products, amending Regulations (EC) No 999/2001, (EC) No 396/2005, (EC) No 1069/2009, (EC) No 1107/2009, (EU) No 1151/2012, (EU) No 652/2014, (EU) 2016/429 and (EU) 2016/2031 of the European Parliament and of the Council, Council Regulations (EC) No 1/2005 and (EC) No 1099/2009 and Council Directives 98/58/EC, 1999/74/EC, 2007/43/EC, 2008/119/EC and 2008/120/EC, and repealing Regulations (EC) No 854/2004 and (EC) No 882/2004 of the European Parliament and of the Council, Council Directives 89/608/EEC, 89/662/EEC, 90/425/EEC, 91/496/EEC, 96/23/EC, 96/93/EC and 97/78/EC and Council Decision 92/438/EEC (Official Controls Regulation) (OJ L 95, 7.4.2017, p. 1).

Amendment 14

Proposal for a regulation

~~Article 3 – paragraph 1 – point 8~~

Recital 68

Text proposed by the Commission

Amendment

~~(8) ‘economic operator’ means manufacturers, suppliers of packaging, importers, distributors, final distributors, and fulfilment service providers;~~

(68) To increase their effectiveness and ensure the equal treatment of economic operators, the re-use and refill targets should be placed on the economic operators. In cases of targets for beverages, they should be additionally placed also on the manufacturers, as these actors are able to control the packaging formats used for the products they offer. The targets should be calculated as a percentage of sales in reusable packaging within a system for re-use or through refill or, in case of transport packaging, as a percentage of uses. The targets should be material neutral. In order to ensure uniform conditions for the implementation of targets for re-use and refill, the power to adopt an implementing act in accordance with Article 291 of the Treaty on the methodology for their calculation, should be delegated to the Commission.

~~(8) ‘economic operator’ means manufacturers, suppliers of packaging, importers, distributors, final distributors, fulfilment service providers and authorised representative;~~

(68) To increase their effectiveness and ensure the equal treatment of economic operators, the re-use and refill targets should be placed on the economic operators. In cases of targets for beverages, they should be additionally placed also on the manufacturers, as these actors are able to control the packaging formats used for the products they offer and to take decisions on the basis of a thorough examination of logistical, environmental, technical, industrial and consumer-related criteria. The targets should be calculated as a percentage of sales in reusable packaging within a system for re-use or through refill or, in case of transport packaging, as a percentage of uses. The targets should be material neutral. In order to ensure uniform conditions for the implementation of targets for re-use and refill, the power to adopt an implementing act in accordance with Article 291 of the Treaty on the methodology for their calculation, should be delegated to the Commission.

Or. fr

Amendment 15

Proposal for a regulation

~~Article 3 – paragraph 1 – point 10~~

Recital 100

Text proposed by the Commission

Amendment

(10) ‘producer’ means any manufacturer, importer or distributor, who, irrespective of the selling technique used, including by means of distance contracts as defined in Article 2(7) of Directive 2011/83/EU, makes available packaging for the first time within a territory of a Member States on a professional basis under its own name or trademark;

(100) Member States should set up return and collection systems for packaging waste, so that they are channelled to the most appropriate waste management alternative, according to the waste hierarchy. The systems should be open for participation for all interested parties, in particular for economic operators and public authorities and be established taking into account the environment and consumer health, safety and hygiene. Return and collection systems should also be applicable for packaging of imported products under non-discriminatory provisions.

(10) ‘producer’ means any natural or legal person, manufacturer, filler, importer or distributor, who, irrespective of the selling technique used, including by means of distance contracts as defined in Article 2(7) of Directive 2011/83/EU, places packaging or a packaged product for the first time within a territory of a Member State on a professional basis under its own name or trademark;

(100) Member States should set up return and collection systems for packaging waste, so that they are channelled to the most appropriate waste management alternative, according to the waste hierarchy. The systems should be open for participation for all interested parties, in particular for economic operators and public authorities and be established taking into account the environment and consumer health, safety and hygiene. Return and collection systems should be applicable for packaging of imported products, which must comply with Union legislation.

Or. fr

Amendment 16

Proposal for a regulation

~~Article 3 – paragraph 1 – point 59~~

Recital 100 a (new)

Text proposed by the Commission

Amendment

~~(59) ‘online platform’ means online platform as defined in Article 3 point (i) of Regulation (EU) 2022/2065;~~

(100a) Imports from third countries should not be placed on the internal market if they do not strictly comply with the standards and recommendations imposed on European producers.

~~(59) ‘providers of online marketplaces’ means providers of online marketplaces as defined in Article 3 point 14 of Regulation (EU)2023/988;~~

Or. fr

Amendment 17

Proposal for a regulation

~~Article 11 – paragraph 1 – subparagraph 1~~

Recital 101

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.

(101) Member States should also take measures promoting recycling which meets the quality standards for the use of the recycled materials in relevant sectors. This obligation is particularly relevant in view of minimum percentage set for recycled content in plastic packaging.

From [OP: Please insert the date = 36 months after the entry into force of this Regulation] or if there is a delay with the adoption of the implementing acts as referred to in paragraph 5, 24 months after the adoption of such implementing acts, packaging shall be marked with a label that shall be easily understood to facilitate consumer sorting, containing information on its material composition, recyclability, as well as on the presence of substances of concern. This label shall serve the purpose of a uniform and intelligible information for all consumers, including for persons with disabilities. This obligation does not apply to packaging covered by a deposit or return system or transport packaging, and to reusable packaging placed on the market before 36 months after the entry into force of this Regulation. However, it applies to e-commerce packaging.

(101) Member States should also take measures promoting recycling which meets the quality standards for the use of the recycled materials in relevant sectors, such as expanded polystyrene. This obligation is particularly relevant in view of minimum percentage set for recycled content in plastic packaging.

Or. fr

Amendment 18

Proposal for a regulation

~~Article 11 – paragraph 1 – subparagraph 2~~

Recital 102

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.

(102) It has been shown that well-functioning deposit and return systems ensure a very high collection rate, especially of beverage bottles and cans. In order to support the achievement of the separate collection target for single use plastic beverage bottles laid down in Directive (EU) 2019/904 and to further drive high collection rates of metal beverages containers, it is appropriate that Member States establish deposit and return systems. Those systems will contribute to the increase of the supply of good quality secondary raw material suitable for closed loop recycling and reduce beverage containers litter.

Packaging subject to deposit and return systems referred to in Article 44(1) and set up after the entry into force of this Regulation shall, by derogation in addition to the labelling referred to in the first subparagraph, be marked with a harmonised colour label established in the relevant implementing act adopted pursuant to paragraph 5. The packaging-related labelling information shall work with the hazard and safety-related CLP labelling requirements. Therefore, it shall be clear which labelling refers to the packaging and which relates to the product inside the packaging. All labelling shall be clearly visible, readable and fully accessible by persons with disabilities.

(102) Well-functioning deposit and return systems may ensure a high collection rate, especially of beverage bottles and cans. In order to support the achievement of the separate collection target for single use plastic beverage bottles laid down in Directive (EU) 2019/904 and to further drive high collection rates of metal beverages containers, it is appropriate that Member States establish deposit and return systems. Those systems will contribute to the increase of the supply of good quality secondary raw material suitable for closed loop recycling and reduce beverage containers litter.

Or. fr

Amendment 19

Proposal for a regulation

~~Article 11 – paragraph 2~~

Recital 103

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.

(103) Deposit and return systems should be obligatory for single use plastic beverage bottles and metal beverage containers. Member States might also decide to include other packaging in these systems, in particular single use glass bottles, and should ensure that deposit and return systems for single-use packaging formats, in particular for single use glass beverage bottles, are equally available for reusable packaging, where technically and economically feasible. They should consider establishing deposit and return systems also for reusable packaging. In such situations, a Member State should be allowed, 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 Regulation.

2. From [OP: Please insert the date = 42 months after the date of entry into force of this Regulation] or if there is a delay with the adoption of the implementing act referred to in paragraph 5, 30 months after the adoption of such implementing acts, 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 and recyclability including the availability of a system for re-use and of collection points, and that facilitates the tracking of the packaging and the calcuation of trips and rotations as well as using statistical statements based on inventory data. In addition, reusable sales packaging shall be clearly identified and distinguished from single use packaging at the point of sale.

(103) Deposit and return systems should be encouraged for single use plastic beverage bottles and metal beverage containers. Member States might also decide to include other packaging in these systems, in particular single use glass bottles, and should ensure that deposit and return systems for single-use packaging formats, in particular for single use glass beverage bottles, are equally available for reusable packaging, where technically and economically feasible. They should consider establishing deposit and return systems also for reusable packaging. In such situations, a Member State should be allowed, 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 Regulation.

Or. fr

Amendment 20

Proposal for a regulation

~~Article 11 – paragraph 3~~

Recital 107

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).

(107) Member States which achieve 90 % collection rate of the targeted packaging types without a deposit and return system two consecutive calendar years preceding the entry into force of this obligation, may request not to establish a deposit and return system.

3. Where a unit of packaging covered by Article 7 is marked with a label containing consumer relevant information on the share of recycled content from post-consumer plastic waste, that label and a 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). The implementing act adopted pursuant to Article 11(5) shall provide a specific framework under which recycled content traced through mass balance shall be communicated. 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).

(107) Member States which achieve 60 % collection rate of the targeted packaging types without a deposit and return system two consecutive calendar years preceding the entry into force of this obligation, may request not to establish a deposit and return system.

Or. fr

Amendment 21

Proposal for a regulation

~~Article 11 – paragraph 3 a (new)~~

Recital 110

Text proposed by the Commission

Amendment

~~3a. Packaging referred to in paragraphs 1, 2 and 3, manufactured or imported before these deadlines, may be marketed until their end of life.~~

Or. fr

Amendment 22

Proposal for a regulation

Article 112 – paragraph ~~4 – subparagraph 1~~2

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.

2. This Regulation applies without prejudice to Union regulatory requirements for packaging such as those regarding safety, quality, the protection of health and the hygiene of the packed products, or to transport requirements, as well as without prejudice to the provisions of the Directive 2008/98/EC as regards the management of hazardous waste.

Labels referred to in paragraphs 1 to 3 and the QR code or other type of digital data carrier referred to in paragraph 2 to 3 shall be placed, printed or engraved visibly, clearly legibly and indelibly on the packaging, or an adhesive label to remain on the packaging until reconditioning. Where this is not possible or not warranted on account of the nature and size of the packaging, or due to other mandatory labelling requirements laid down in other EU legislation, they shall be affixed to the grouped packaging or provided via digital means.

Or. fr

Justification

When applying the waste hierarchy referred to in Article 4(1) of Directive 2008/98/EC, Member States shall take measures to encourage solutions that deliver the best overall environmental outcome.

Amendment 23

Proposal for a regulation

Article 112 – paragraph 42 – subparagraph 1 a (new)

Text proposed by the Commission

Amendment

~~Where information is provided by electronic means in accordance with paragraphs 2 to 3, the following requirements shall apply:~~

Articles 5, 6, 7, 8, 9, 10 and 11 of this regulation shall not apply to packaging approved for the transport of dangerous goods.

(a) adequate, relevant personal data may be collected only for the limited purpose of giving the user access to relevant compliance information referenced in paragraphs 2 to 3 (in respect of 2016/679/EU Article 5(1)

Or. fr

~~(b) the information shall not be displayed with other information intended for sales or marketing purposes.~~

Justification

The rules governing the transport of dangerous goods are different for each mode of transport. The rules specific to that category of goods therefore apply here.

Amendment 24

Proposal for a regulation

Article 113 – paragraph 41 – ~~subparagraph 1 b~~point ~~(new)~~36

Text proposed by the Commission

Amendment

~~Micro-companies as defined in Art. 22(3), shall be exempt from the obligations of this paragraph.~~

(36) ‘unit of packaging’ means a unit as a whole, including any integrated or separate components, which together serve a packaging function such as the containment, protection, handling, delivery, storage, transport and presentation of products, and including independent units of grouped or transport packaging where they are discarded prior to the point of sale;

deleted

Or. fr

Amendment 25

Proposal for a regulation

Article 113 – paragraph 51 – point 40

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).

(40) ‘contact sensitive packaging’ means packaging that is intended to be used in any packaging applications in the scope of Regulations: (EC) No 1831/2003, (EC) No 1935/2004, (EC) No 767/2009, (EC) No 2009/1223, (EU) 2017/745, (EU) 2017/746, (EU) 2019/4, (EU) 2019/6, Directive 2001/83/EC, or Directive 2008/68/EC;

5. By [OP: Please insert the date = 12 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).

Or. fr

Justification

Absorbent personal care and hygiene products, such as nappies, menstrual pads or tampons, as well as baby nappies, should be included in the category of contact sensitive packaging.

Amendment 26

Proposal for a regulation

Article 113 – paragraph 61 – point 43 a (new)

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).

(43a) ‘plastic packaging’ means packaging made entirely or primarily of plastic.

6. By [OP: Please insert the date = 12 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).

Or. fr

Amendment 27

Proposal for a regulation

~~Article 11 – paragraph 7~~

Article 4 a (new)

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.

Article 4a

7. Without prejudice to requirements concerning other harmonised EU labels, Member States shall not require nor shall economic operators 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.

Forum on packaging and of packaging waste

~~From ... [24 months after the entry into force of this Regulation] the Commission shall adopt guidance regarding aspects that are likely to mislead or confuse consumers or other end users.~~

The Commission shall establish a ‘Forum on Packaging and Packaging Waste (“the Forum”)’ in the form of a group of experts.

When establishing the composition of the Forum, the Commission shall ensure 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 in particular contribute to the preparation of the delegated and implementing acts provided for in this regulation.

The Commission shall ensure that, prior to the adoption of the delegated and implementing acts provided for in this regulation, an advisory opinion is sought from the Forum.

Or. fr

Justification

Given the very high number of delegated and implementing acts provided for in this regulation, and the many concerns surrounding the targets proposed by the European Commission, it seems essential that the sector be consulted beforehand through a group of experts in the implementation of this regulation.

Amendment 28

Proposal for a regulation

Article 116 – paragraph 81

Text proposed by the Commission

Amendment

8. Packaging included in an extended producer responsibility scheme or covered by a deposit and return system other than that referred to in Article 44(1) may be identified by means of a corresponding symbol throughout the territory in which that scheme or system applies. That symbol shall be clear and unambiguous and shall not mislead consumers or users as to the recyclability or reusability of the packaging.

1. All packaging shall be recyclable.

8. Packaging included in an extended producer responsibility scheme or covered by a deposit and return system other than that referred to in Article 44(1) may only be identified by means of a harmonized EU pictogram, that may be displayed through a digital label, such as a QR code, a data carrier or in other accompanying documents. That symbol shall be clear and unambiguous and shall not mislead consumers or users as to the recyclability or reusability of the packaging.

1. From 1 January 2030, all packaging shall be recyclable.

Or. fr

Amendment 29

Proposal for a regulation

Article 116 – paragraph 2 – subparagraph 1 – point a a (new)

Text proposed by the Commission

Amendment

~~Article 11a~~

(aa) it can be recycled at scale:

~~Packaging Forum~~

– it is effectively and efficiently separately collected in accordance with Article 43(1) and (2);

For the preparation of the implementing acts referred to in this Chapter, the Commission shall ensure a broad and balanced participation of Member States’ representatives and all relevant parties involved with the packaging industry, including waste treatment industry representatives, manufacturers and packaging suppliers, distributors, retailers, importers, SMEs, environmental protection groups, Producer Responsibility Organisations (PROs) and consumer organisations. To that end, the Commission shall establish an expert group, referred to as Packaging Forum, in which those parties shall meet regularly, in view of the objectives laid down in Article 1 paragraph 2.

– it is sorted into defined waste streams without affecting the recyclability of other waste streams;

– it can be recycled so that the resulting secondary raw materials are of sufficient quality to substitute the primary raw materials;

Or. fr

Justification

Collection, sorting and recycling are an integral part of the assessment of ‘recyclability at scale’.

Amendment 30

Proposal for a regulation

Article 136 – paragraph 32 – subparagraph 1 – point b

Text proposed by the Commission

Amendment

~~3. Manufacturers shall keep the technical documentation referred to in Annex VII and the EU declaration of conformity for 10 years after the packaging has been placed on the market.~~

(b) it is effectively and efficiently separately collected in accordance with Article 43(1) and (2);

3. Manufacturers shall keep the technical documentation referred to in Annex VII and the EU declaration of conformity for 10 years after the packaging has been placed on the market and make such documentation available to competent authorities in accordance with paragraph 9 of this Article.

deleted

Or. fr

Amendment 31

Proposal for a regulation

Article 136 – paragraph 42 – subparagraph 1 – point c

Text proposed by the Commission

Amendment

4. Manufacturers shall ensure that procedures are in place for series production of packaging to remain in conformity with this Regulation. Changes in packaging design or in characteristics, as well as changes in harmonised standards, common technical specifications or other technical specifications by reference to which conformity is declared or by application of which its conformity is verified, shall be adequately taken into account by manufacturers. In case the manufacturers finds that the packaging’s conformity may be affected, they shall carry out a re-assessment in accordance with the conformity assessment procedure specified in Article 33 and Annex VII, or have it carried out on their behalf.

4. Manufacturers shall ensure that procedures are in place for series production of packaging to remain in conformity with this Regulation. Changes in packaging design or in characteristics, as well as changes in harmonised standards, common technical specifications or other technical specifications by reference to which conformity is declared or by application of which its conformity is verified, shall be adequately taken into account by manufacturers. In case the manufacturers finds that the packaging’s conformity may be affected, they shall carry out without undue delay a re-assessment in accordance with the conformity assessment procedure specified in Article 33 and Annex VII, or have it carried out on their behalf.

deleted

Or. fr

Amendment 32

Proposal for a regulation

Article 136 – paragraph 52 – subparagraph 1 – point d

Text proposed by the Commission

Amendment

5. Manufacturers shall ensure that the packaging bears a type, batch or serial number or other element allowing its identification or, where the size or nature of the packaging does not allow so, that the required information is provided in a document accompanying the packaged product.

(d) it can be recycled so that the resulting secondary raw materials are of sufficient quality to substitute the primary raw materials;

deleted

Or. fr

Amendment 33

Proposal for a regulation

Article 136 – paragraph 62 a– ~~(new)~~subparagraph 1 – point e

Text proposed by the Commission

Amendment

6a. With regard to this Regulation, for medicinal products, as defined in Article 1, point (2), of Directive 2001/83/EC, the marketing authorisation holder shall be responsible for the information provided, in accordance with Article 6(1a) of Directive 2001/83/EC.

(e) it can be recycled at scale.

deleted

Or. fr

Amendment 34

Proposal for a regulation

Article 136 – paragraph 73

Text proposed by the Commission

Amendment

7. Manufacturers shall ensure that information provided in accordance with paragraphs 5 and 6 is clear, understandable and legible, and does not replace, obscure or can be confused with information required by other Union legislation on the labelling of the packaged product.

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).

7. Manufacturers shall ensure that information provided in accordance with paragraphs 5 and 6 is clear, understandable and legible, and accessible for persons with disabilities, and does not replace, obscure or can be confused with information required by other Union legislation on the labelling of the packaged product.

Or. fr

Amendment 35

Proposal for a regulation

Article 136 – paragraph 84 – subparagraph 1

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.

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.

8. Manufacturers who consider or have reason to believe that packaging which they have placed on the market after the 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 their distributors and 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.

From 1 January 2026, 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.

Or. fr

Amendment 36

Proposal for a regulation

Article 136 – paragraph 96 a– ~~(new)~~introductory part

Text proposed by the Commission

Amendment

9a. Manufacturers shall establish publicly available communication channels such as a telephone number, electronic address or dedicated section of their website, taking into account the accessibility needs for persons with disabilities, in order to allow end-users to submit complaints or concerns regarding the potential non-conformity of packaging.

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:

Manufacturers shall take appropriate measures when they consider that there is a case of non-compliance with the requirements set out in this Regulation, and inform market surveillance authorities. Manufacturers shall keep a register of complaints and concerns only as long as it is necessary for the purpose of this Regulation and make it available upon request from a market surveillance authority. Personal data stored in the internal register of complaints shall only be those personal data that are necessary for the manufacturer to investigate the complaint.

6. From 1 January 2026, 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:

Or. fr

Amendment 37

Proposal for a regulation

Article 136 – paragraph 96 b– point d a (new)

Text proposed by the Commission

Amendment

9b. If manufacturers significantly fail to cooperate with market surveillance authorities or if the information and documentation provided is clearly incomplete or incorrect, market surveillance authorities may take appropriate and proportionate measures, including to withdraw the relevant packaging from the market until the manufacturer cooperates or provides complete and correct information.

(da) Specific provisions shall be approved for inert packaging placed on the market in very small quantities (i.e. around 0.1 % by weight) in the Union.

Or. fr

Amendment 38

Proposal for a regulation

Article 136 – paragraph 97 c– subparagraph 1 (new)

Text proposed by the Commission

Amendment

~~9c. The provisions of paragraphs 1 to 6 shall not apply to custom transport packaging for configurable devices and system, that are destined to be used in industrial and healthcare environments.~~

Where technically feasible, Member States, in particular through the design of systems established in accordance with Articles 40 and 44, shall give priority to the recycling of closed-loop recyclable packaging, whereby producers with recycled content targets shall have preferential access to materials derived from their packaging which is actually recycled.

Or. fr

Amendment 39

Proposal for a regulation

Article 156 – paragraph 210 – introductory part

Text proposed by the Commission

Amendment

~~2. An authorised representative shall perform the tasks specified in the mandate received from the manufacturer. The mandate shall allow the authorised representative to do at least the following:~~

10. Until 31 December 2034, this Article shall not apply to the following:

2. An authorised representative shall perform the tasks specified in the mandate received from the manufacturer. It shall provide a copy of the mandate to the market surveillance authorities upon request. The mandate shall allow the authorised representative to do at least the following

10. This Article shall not apply to the following:

Or. fr

Amendment 40

Proposal for a regulation

Article 157 – paragraph 21 – ~~point c a~~introductory ~~(new)~~part

Text proposed by the Commission

Amendment

~~(ca) inform the manufacturer if the authorised representative has clearly a reason to believe that a packaging is not in conformity with the applicable requirements set out in Articles 5 to 11;~~

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, provided that the appropriate infrastructure is in place and operational, and that suitable recycled materials are available, plastic packaging shall contain the following minimum percentage of recycled content recovered from post-consumer plastic waste, on average over all plastic packaging placed on the market by each undertaking:

Or. fr

Amendment 41

Proposal for a regulation

Article 157 – paragraph 2 – ~~point~~introductory epart

Text proposed by the Commission

Amendment

~~(e) terminate the mandate if the manufacturer acts contrary to its obligations under this Regulation.~~

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:

(e) terminate the mandate if the manufacturer acts contrary to its obligations under this Regulation and inform the market surveillance authority of the Member State in which it is established without undue delay.

2. From 1 January 2040, provided that the appropriate infrastructure is in place and operational, and that suitable recycled materials are available, plastic packaging shall contain the following minimum percentage of recycled content recovered from post-consumer plastic waste, on average over all plastic packaging placed on the market by each undertaking:

Or. fr

Amendment 42

Proposal for a regulation

Article 167 – paragraph 13 – point d a (new)

Text proposed by the Commission

Amendment

~~1. Importers shall only place on the market packaging which is compliant with the requirements of Articles 5 to 11.~~

(da) insulated transport packaging with high thermal performance;

~~1. Importers shall only place on the market packaging which is compliant with the applicable requirements of Articles 5 to 11.~~

Or. fr

Amendment 43

Proposal for a regulation

Article 167 – paragraph 43 – point d b (new)

Text proposed by the Commission

Amendment

4. Importers shall ensure that information provided in accordance with paragraph 3 is clear, understandable and legible, and does not replace, obscure or can be confused with information required by other Union legislation on the labelling of the packaged product.

(db) packaging which must meet specific health and hygiene requirements, in accordance with sectoral regulations, and which, for its specific use, must meet technical and qualitative requirements.

4. Importers shall ensure that information provided in accordance with paragraph 3 is clear, understandable and legible and accessible for persons with disabilities, and does not replace, obscure or can be confused with information required by other Union legislation on the labelling of the packaged product.

Or. fr

Amendment 44

Proposal for a regulation

Article 167 – paragraph 7

Text proposed by the Commission

Amendment

7. Importers shall immediately inform the market surveillance authorities of the Member States in which they made the packaging available of the suspected non-compliance and of any corrective measures taken.

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. Importers shall immediately inform the market surveillance authorities of the Member States in which they made the packaging available as well as the manufacturer and where applicable, the authorised representative of the suspected non-compliance and of any corrective measures taken.

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, on average over all plastic packaging placed on the market by each undertaking, 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).

Or. fr

Amendment 45

Proposal for a regulation

Article 167 – paragraph 109 – subparagraph 1

Text proposed by the Commission

Amendment

~~10. Importers shall cooperate with the competent national authority on any action taken to remedy any case of non-compliance with the requirements set out in Articles 5 to 11.~~

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.

~~10. Importers shall cooperate with the competent national authority on any action taken to remedy any case of non-compliance with the applicable requirements set out in Articles 5 to 11.~~

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. fr

Amendment 46

Proposal for a regulation

Article 167 – paragraph 109 a– ~~(new)~~subparagraph 2 – introductory part

Text proposed by the Commission

Amendment

10a. Importers shall verify whether the communication channels referred to in Article 13(9a) are publicly available to consumers allowing them to present complaints or concerns regarding the potential non-conformity of packaging. If such channels are not available the importer shall provide for them, taking into account accessibility needs for persons with disabilities.

Based on this assessment, the Commission is empowered to adopt delegated acts in accordance with Article 58 to amend this Regulation in order to:

Based on this assessment, the Commission is empowered to adopt delegated acts in accordance with Article 58 to amend this Regulation in order to provide for derogations from the scope, timing or level of minimum percentage laid down in paragraph 1, points b and d, for specific plastic packaging.

Or. fr

Amendment 47

Proposal for a regulation

Article 167 – paragraph 109 b– ~~(new)~~subparagraph 2 – point a

Text proposed by the Commission

Amendment

~~10 b. Personal data stored in the internal register of complaints shall only be those personal data that are necessary for the manufacturer to investigate the complaint.~~

(a) provide for derogations from the scope, timing or level of minimum percentage laid down in paragraph 1, points b and d, for specific plastic packaging, and, as appropriate,

deleted

Or. fr

Amendment 48

Proposal for a regulation

Article 167 – paragraph 109 c– ~~(new)~~subparagraph 2 – point b

Text proposed by the Commission

Amendment

10 c. If importers significantly fail to cooperate with market surveillance authorities or if the information and documentation provided is incomplete or incorrect, market surveillance authorities may take all appropriate measures to prohibit or restrict its packaging from being available on the market, to withdraw it from the market or to recall it until importers cooperate or provide complete and correct information.

(b) revise the derogations established in paragraph 3,

deleted

Or. fr

Amendment 49

Proposal for a regulation

Article 177 – paragraph ~~2 – point~~10 a (new)

Text proposed by the Commission

Amendment

~~(a) the producer, that is subject to the obligations on extended producer responsibility for the packaging is registered in the register of producers referred to in Article 40;~~

10a. Where justified by the lack of availability or excessive prices, in particular because of insufficient collection arrangements, a lack of appropriate infrastructure such as that defined in Article 44, or significant use of recycled materials for applications that do not allow for further recycling, making compliance with the minimum percentages for recycled content laid down in paragraphs 1 and 2 excessively difficult, the Commission shall adopt a delegated act in accordance with Article 58 to amend paragraphs 1 and 2 by adjusting the minimum percentages accordingly.

~~(a) the producer, that is subject to the obligations on extended producer responsibility for the packaging is registered in the register of producers referred to in Article 39;~~

Or. fr

Amendment 50

Proposal for a regulation

Article 178 – paragraph ~~3 – subparagraph~~ 1

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.

Where a distributor, before making packaging available on the market, considers or has reason to believe that the packaging is not in conformity with the requirements set out in Articles 5 to 11 or that the manufacturer is not complying with those applicable requirements, the distributor shall not make the packaging available on the market until it has been brought into conformity or until the manufacturer complies. Any information disclosed by the manufacturer to the distributor shall not be used by the distributor for any other purpose other than to verify compliance with applicable requirements.

1. By [OP: please insert the date = 24 months from the entry into force of this Regulation], 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.

Or. fr

Amendment 51

Proposal for a regulation

Article 179 – paragraph ~~4 – subparagraph 2~~1

Text proposed by the Commission

Amendment

Distributors shall immediately inform the market surveillance authorities of the Member States in which they made the packaging available of the suspected non-compliance and of any corrective measures taken.

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.

Distributors shall immediately inform the market surveillance authorities of the Member States in which they made the packaging available as well as the manufacturer and where applicable, the authorised representative of the suspected non-compliance and of any corrective measures taken.

1. From 1 January 2030, packaging shall be designed so that its weight and volume are reduced to the minimum necessary to perform its functions as listed in the definition of packaging in Article 3(1), taking account of the material that the packaging is made of and its design, the format of the product and the necessary delivery arrangements.

Or. fr

Amendment 52

Proposal for a regulation

Article 189 – paragraph 12

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.

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. From 1 January 2030, 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 and/or the products packaged are subject to geographical indications of origin and/or intellectual property rights (patent, licence, trademark, design or model) that are protected under Union legislation.

Or. fr

Amendment 53

Proposal for a regulation

~~Article 18 a (new)~~

Article 9 – paragraph 3 – subparagraph 1 – introductory part

Text proposed by the Commission

Amendment

~~Article 18a~~

Empty space shall be reduced to the minimum necessary for ensuring the packaging functionality as follows:

~~Obligations of providers of online marketplaces~~

From 1 January 2030, empty space shall be reduced to the minimum necessary for ensuring the packaging functionality as follows:

Providers of online marketplaces shall comply without undue delay with the relevant requirements of Regulation (EU) 2022/2065 regarding packaging regulation, and ensure that they have internal processes in place for compliance.

Or. fr

Amendment 54

Proposal for a regulation

~~Article 19 – title~~

Article 9 – paragraph 3 – subparagraph 2

Text proposed by the Commission

Amendment

~~Case in which obligations of manufacturers apply to importers and distributors~~

For the purpose of assessing the compliance with this paragraph, space filled by paper cuttings, air cushions, bubble wraps, sponge fillers, foam fillers, wood wool, polystyrene, styrofoam chips or other filling materials shall be considered as empty space.

~~Case in which obligations of manufacturers apply to other economic operators~~

Or. fr

Amendment 55

Proposal for a regulation

Article 199 – paragraph 4 – subparagraph 1 – point b

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.

(b) the identification of the design requirements which prevent further reduction of the packaging weight or volume, for each of these performance criteria;

An economic operator other than manufacturer 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.

(b) the identification of the design requirements including as regards intellectual property aspects, which prevent further reduction of the packaging weight or volume, for each of these performance criteria;

Or. fr

Amendment 56

Proposal for a regulation

Article 349 – paragraph 4 a (new)

Text proposed by the Commission

Amendment

~~4. By drawing up the EU declaration of conformity, the manufacturer assumes responsibility for the compliance of the packaging with the requirements laid down in this Regulation.~~

4a. Packaging manufactured or imported before the deadlines referred to in paragraphs 1, 2 and 3 may be marketed up to 24 months after the entry into force of this Regulation.

4. By drawing up the EU declaration of conformity, the manufacturer assumes responsibility for the compliance of the packaging with the requirements laid down in this Regulation and with all applicable Union acts.

Or. fr

Amendment 57

Proposal for a regulation

Article 4010 – paragraph 31 – introductory part

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:

1. Packaging shall be considered reusable where if fulfils the following conditions:

3. Providers of online marketplaces, as well as fulfilment service providers, shall comply with the extended producer responsibility requirements referred to in paragraphs 1 and 2 of this Article, unless they can prove that traders, prior to allowing them to conclude sales on their platform or use their services offering packaging to consumers located in the Union are complying with these requirements by obtaining:

1. Packaging shall be considered reusable where it fulfils the following conditions while ensuring packaging performance and consumer acceptance:

Or. fr

Amendment 58

Proposal for a regulation

Article 4011 – paragraph 31 – ~~point~~subparagraph b1

Text proposed by the Commission

Amendment

(b) a self-certification by the producer committing to only offer packaging with regard to which the extended producer responsibility requirements referred to in paragraphs 1 and 2 of this article are complied with in the Member State where the consumer is located.

(b) information on compliance with a self-certification by the producer committing to only offer packaging with regard to which the extended producer responsibility requirements referred to in paragraphs 1 and 2 of this article are complied with in the Member State where the consumer is located.

From [OP: Please insert the date = 42 months after the entry into force of this Regulation], packaging shall be marked with a label, and shall bear a QR code or other digital data carrier, containing information on its material composition. This obligation does not apply to transport packaging. However, it applies to e-commerce packaging.

Or. fr

Amendment 59

Proposal for a regulation

Article 4011 – paragraph 3 ~~a (new)~~

Text proposed by the Commission

Amendment

3a. Upon receiving the information referred to paragraph 3 and prior to allowing the producer concerned to use its services, the provider of online marketplaces shall assess whether the information referred to in point (a) and (b) is reliable and complete.

3. Where 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 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).

Or. fr

Amendment 60

Proposal for a regulation

Article 5211 – paragraph 14 – subparagraph 1

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 to human or 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.

Labels and the QR code or other type of digital data carrier referred to in paragraphs 1, 2 and 3 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.

Or. fr

Amendment 61

Proposal for a regulation

Article 5211 – paragraph ~~1 – subparagraph~~8 1aa (new)

Text proposed by the Commission

Amendment

~~In the course of the evaluation, the market surveillance authorities shall consider the objections raised by the economic operators.~~

8a. The labelling requirements provided for in this Article shall not lead to disproportionate administrative and economic burdens, in particular for micro-companies and SMEs.

Or. fr

Amendment 62

Proposal for a regulation

Article 5216 – paragraph 210 a (new)

Text proposed by the Commission

Amendment

2. By derogation from paragraph 1, in case of risk to human health concerns relating to contact sensitive packaging subject to specific legislation aimed at protecting human health, the surveillance authorities shall not evaluate a risk to human or animal health originating from the packaging material, if transferred to the packaged content of the packaging material, but alert the authorities competent for controlling those risks. These authorities shall be the competent authorities referred to in Regulation (EU) 2017/625, Regulation (EU) 2017/745, Regulation (EU) 2017/746, Directive 2001/83/EC or Regulation (EU) 2019/6.

10a. In order to meet the obligations laid down in this Article, Member States may provide tools to support non-professional importers, in particular micro-companies and importing SMEs.

2. By derogation from paragraph 1, in case of risk to human health concerns relating to contact sensitive packaging subject to specific legislation aimed at protecting human health, the surveillance authorities shall not evaluate a risk to human or animal health originating from the packaging material, if transferred to the packaged content of the packaging material, but without undue delay alert the authorities competent for controlling those risks. These authorities shall be the competent authorities referred to in Regulation (EU) 2017/625, Regulation (EU) 2017/745, Regulation (EU) 2017/746, Directive 2001/83/EC or Regulation (EU) 2019/6.

Or. fr

Amendment 63

Proposal for a regulation

Article 5417 – paragraph 12 – point a

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.

(a) the producer, that is subject to the obligations on extended producer responsibility for the packaging is registered in the register of producers referred to in Article 40;

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.

deleted

~~In the course of the evaluation, the market surveillance authorities shall consider the objections raised by the economic operators.~~

Or. fr

Amendment 64

Proposal for a regulation

Article 5417 – paragraph 23

Text proposed by the Commission

Amendment

3. Where a distributor, before making packaging available on the market, considers or has reason to believe that the packaging is not in conformity with the requirements set out in Articles 5 to 11 or that the manufacturer is not complying with those applicable requirements, the distributor shall not make the packaging available on the market until it has been brought into conformity or until the manufacturer complies.

2. By derogation from paragraph 1, in case of risk to human health concerns relating to contact sensitive packaging subject to specific legislation aimed at protecting human health, the surveillance authorities shall not evaluate a risk to human or animal health originating from the packaging material, if transferred to the packaged content of the packaging material, but without undue delay alert the authorities competent for controlling those risks. These authorities shall be the competent authorities referred to in Regulation (EU) 2017/625, Regulation (EU) 2017/745, Regulation (EU) 2017/746, Directive 2001/83/EC or Regulation (EU) 2019/6.

deleted

Distributors shall ensure that, while the packaging is under their responsibility, storage or transport conditions do not jeopardise its compliance with the requirements set out in Articles 5 to 11.

Or. fr

Amendment 65

Proposal for a regulation

~~Article 54 a (new)~~

Article 17 – paragraph 4

Text proposed by the Commission

Amendment

~~Article 54a~~

4. Distributors who consider or have reason to believe that packaging, which they have made available on the market with the packaged product, is not in conformity with the applicable requirements set out in Articles 5 to 11 shall make sure that the corrective measures necessary to bring that packaging into conformity, to withdraw it or recall it, as appropriate, are taken.

~~Activities of market surveillance authorities~~

deleted

Market surveillance authorities shall perform appropriate checks within their territory with respect to packaging and establish procedures for following up on complaints or reports on issues relating to risks or non-compliance with this Regulation, in accordance with Article 11 of Regulation (EU) 2019/1020.

Or. fr

Amendment 66

Proposal for a regulation

Article 6321 – paragraph 1

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.

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 %.

By ... [6 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.

1. From 1 January 2030, economic operators who supply products to a final distributor or an end user in grouped packaging, transport packaging or e-commerce packaging shall ensure that the empty space ratio is maximum 40 % on average of all relevant packaging placed on the Union market by the economic operator concerned.

~~PROCEDURE – COMMITTEE ASKED FOR OPINION~~

Or. fr

~~Title~~

Amendment 67

~~Packaging and packaging waste, amending Regulation (EU) 2019/1020 and Directive (EU) 2019/904, and repealing Directive 94/62/EC~~

Proposal for a regulation

~~References~~

Article 21 – paragraph 2 – subparagraph 2

~~COM(2022)0677 – C9-0400/2022 – 2022/0396(COD)~~

Text proposed by the Commission

~~Committee responsible~~

Amendment

~~Date announced in plenary~~

Space filled by filling materials such as paper cuttings, air cushions, bubble wraps, sponge fillers, foam fillers, wood wool, polystyrene or Styrofoam chips, shall be considered as empty space.

~~ENVI~~

Space filled by filling materials such as paper cuttings, air cushions, bubble wraps, sponge fillers, foam fillers, wood wool, polystyrene or Styrofoam chips, shall be considered as empty space unless it is required in order to protect and transport the goods concerned.

~~13.3.2023~~

Or. fr

~~Opinion by~~

Amendment 68

~~Date announced in plenary~~

Proposal for a regulation

~~IMCO~~

Article 22 – paragraph 1

~~13.3.2023~~

Text proposed by the Commission

~~Associated committees - date announced in plenary~~

Amendment

~~15.6.2023~~

1. Economic operators shall not place on the market packaging in the formats and for the purposes listed in Annex V.

~~Rapporteur for the opinion~~

1. Economic operators shall not place on the market packaging in the formats and for the purposes listed in Annex V as of 1 January 2030.

~~Date appointed~~

Or. fr

~~Virginie Joron~~

Amendment 69

~~9.2.2023~~

Proposal for a regulation

~~Discussed in committee~~

Article 22 – paragraph 2

~~23.5.2023~~

Text proposed by the Commission

~~28.6.2023~~

Amendment

~~Date adopted~~

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.

~~18.7.2023~~

2. 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 2035.

~~Result of final vote~~

Or. fr

Amendment 70

–:

Proposal for a regulation

Article 22 – paragraph 3

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.

~~Members present for the final vote~~

3. Member States shall exempt economic operators from point 3 of Annex V if they comply with the definition of micro-company and small enterprise 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.

Andrus Ansip, Pablo Arias Echeverría, Alessandra Basso, Brando Benifei, Adam Bielan, Biljana Borzan, Vlad-Marius Botoş, Markus Buchheit, Anna Cavazzini, Deirdre Clune, David Cormand, Alexandra Geese, Sandro Gozi, Svenja Hahn, Krzysztof Hetman, Virginie Joron, Eugen Jurzyca, Kateřina Konečná, Maria-Manuel Leitão-Marques, Antonius Manders, Leszek Miller, Anne-Sophie Pelletier, René Repasi, Christel Schaldemose, Andreas Schwab, Tomislav Sokol, Ivan Štefanec, Róża Thun und Hohenstein, Tom Vandenkendelaere, Kim Van Sparrentak, Marion Walsmann

Or. fr

~~Substitutes present for the final vote~~

Amendment 71

~~Marco Campomenosi, Pilar del Castillo Vera, Claude Gruffat, Ivars Ijabs, Karen Melchior, Tsvetelina Penkova, Kosma Złotowski~~

Proposal for a regulation

~~Substitutes under Rule 209(7) present for the final vote~~

Article 23 – paragraph 1

~~Eric Minardi, Paulo Rangel~~

Text proposed by the Commission

~~FINAL VOTE BY ROLL CALL IN COMMITTEE ASKED FOR OPINION~~

Amendment

~~Key to symbols:~~

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. This provision can be regarded as met by the extended producer responsibility schemes for recycling already in place in the Member States.

Or. fr

Amendment 72

Proposal for a regulation

Article 24 – paragraph 1

Text proposed by the Commission

Amendment

1. Economic operators making use of reusable packaging shall participate in one or more systems for re-use and shall ensure that the systems for re-use, which the reusable packaging is part of, comply with the requirements laid down in Part A of Annex VI. This provision can be regarded as met by the extended producer responsibility schemes for recycling already in place in the Member States.

Or. fr

Amendment 73

Proposal for a regulation

Article 26 – paragraph 1 a (new)

Text proposed by the Commission

Amendment

1a. Following a more thorough and scientifically sound impact assessment, the 2040 targets shall be considered and discussed in the Forum, which will subsequently issue a recommendation published no later than 1 January 2030.

Or. fr

Amendment 74

Proposal for a regulation

Article 26 – paragraph 2

Text proposed by the Commission

Amendment

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:

deleted

(a) from 1 January 2030, 20 % of those beverages are made available in reusable packaging within a system for re-use or by enabling refill;

(b) from 1 January 2040, 80 % of those beverages are made available in reusable packaging within a system for re-use or by enabling refill.

Or. fr

Amendment 75

Proposal for a regulation

Article 26 – paragraph 3

Text proposed by the Commission

Amendment

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:

deleted

(a) from 1 January 2030, 10 % of those products are made available in reusable packaging within a system for re-use or by enabling refill;

(b) from 1 January 2040, 40 % of those products are made available in reusable packaging within a system for re-use or by enabling refill.

Or. fr

Amendment 76

Proposal for a regulation

Article 26 – paragraph 4

Text proposed by the Commission

Amendment

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:

deleted

(a) from 1 January 2030, 10 % of those products are made available in reusable packaging within a system for re-use or by enabling refill;

(b) from 1 January 2040, 25 % of those products are made available in reusable packaging within a system for re-use or by enabling refill.

Or. fr

Amendment 77

Proposal for a regulation

Article 26 – paragraph 5

Text proposed by the Commission

Amendment

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

(a) from 1 January 2030, 5 % of those products are made available in reusable packaging within a system for re-use or by enabling refill;

(b) from 1 January 2040, 15 % of those products are made available in reusable packaging within a system for re-use or by enabling refill.

Or. fr

Amendment 78

Proposal for a regulation

Article 26 – paragraph 6 – point b

Text proposed by the Commission

Amendment

(b) from 1 January 2040, 25 % of those products are made available in reusable packaging within a system for re-use or by enabling refill.

deleted

Or. fr

Amendment 79

Proposal for a regulation

Article 26 – paragraph 7 – point b

Text proposed by the Commission

Amendment

(b) from 1 January 2040, 90 % of such packaging used is reusable packaging within a system for re-use.

deleted

Or. fr

Amendment 80

Proposal for a regulation

Article 26 – paragraph 8 – point b

Text proposed by the Commission

Amendment

(b) from 1 January 2040, 50 % of such packaging used is reusable packaging within a system for re-use;

deleted

Or. fr

Amendment 81

Proposal for a regulation

Article 26 – paragraph 9 – point b

Text proposed by the Commission

Amendment

(b) from 1 January 2040, 30 % of such packaging used for transport is reusable packaging within a system for re-use;

deleted

Or. fr

Amendment 82

Proposal for a regulation

Article 26 – paragraph 10 – point b

Text proposed by the Commission

Amendment

(b) from 1 January 2040, 25 % of such packaging they used is reusable packaging within a system for re-use.

deleted

Or. fr

Amendment 83

Proposal for a regulation

Article 26 – paragraph 12 – subparagraph 2

Text proposed by the Commission

Amendment

This obligation applies to pallets, boxes, excluding cardboard, trays, plastic crates, intermediate bulk containers, drums and canisters, of all sizes and materials, including flexible formats.

This obligation applies to pallets, boxes, excluding cardboard, trays, plastic crates, intermediate bulk containers, drums and canisters, of all sizes and materials, including flexible formats, which do not come into direct contact with food products.

Or. fr

Amendment 84

Proposal for a regulation

Article 26 – paragraph 15

Text proposed by the Commission

Amendment

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, and if it is not technically feasible to use reusable packaging or to have access to infrastructure necessary for the reuse system to function.

Or. fr

Amendment 85

Proposal for a regulation

Article 26 – paragraph 15 a (new)

Text proposed by the Commission

Amendment

15a. Economic operators shall be exempted from the obligations to meet the targets in this Article if, in accordance with Article 4(2) of Directive 2008/98/EC, they can demonstrate that alternative packaging formats provide better outcomes with regard to the environment, the economy, health and hygiene.

Or. fr

Amendment 86

Proposal for a regulation

Article 27 – paragraph 4 – subparagraph 1

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 implementing acts establishing detailed calculation rules and methodology regarding the targets set out in Article 26.

Or. fr

Amendment 87

Proposal for a regulation

Article 43 – paragraph 1

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. From 1 January 2030, 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.

Member States shall ensure that a system is set up to provide priority access for recycled raw materials for use in applications where the distinct quality of the recycled material is retained or recovered in such a way as to allow further recycling and reuse in the same way and for the same or a similar product category, with minimal loss of quantity, quality or function.

Or. fr

Amendment 88

Proposal for a regulation

Article 43 – paragraph 3 – point c

Text proposed by the Commission

Amendment

(c) be open to imported products under non-discriminatory conditions with regard to the detailed arrangements and any tariffs imposed for access to the systems and any other conditions, and be designed so as to avoid barriers to trade or distortions of competition in conformity with the Treaty.

(c) be open to imported products under non-discriminatory conditions, while complying with European rules, with regard to the detailed arrangements and any tariffs imposed for access to the systems and any other conditions, and be designed so as to avoid barriers to trade or distortions of competition in conformity with the Treaty.

Or. fr

Amendment 89

Proposal for a regulation

Article 43 – paragraph 5 a (new)

Text proposed by the Commission

Amendment

5a. By way of derogation from the separate waste collection obligation referred to in paragraph 3, inert packaging placed on the market in very small quantities (approximately 0.1 % by weight) in the Union and made of the same materials as waste disposed of in the construction waste stream may be disposed of together with construction and demolition waste.

Or. fr

Amendment 90

Proposal for a regulation

Article 44 – paragraph 1 – introductory part

Text proposed by the Commission

Amendment

1. By 1 January 2029, Member States shall take the necessary measures to ensure that deposit and return systems are set up for:

1. By 1 January 2033, Member States shall take the necessary measures to ensure that deposit and return systems are set up for:

Or. fr

Amendment 91

Proposal for a regulation

Article 44 – paragraph 2 – point a

Text proposed by the Commission

Amendment

(a) wine, aromatised wine products, and spirit drinks;

(a) wine, aromatised wine products and spirit drinks as defined by the Combined Nomenclature codes;

Or. fr

Amendment 92

Proposal for a regulation

Article 44 – paragraph 3 – point a

Text proposed by the Commission

Amendment

(a) the rate of separate collection as required under Article 43(3) and (4) of the respective packaging format as reported to the Commission under Article 50(1) point (c) is above 90 % by weight of such packaging placed on the market on the territory of that Member State in the calendar years 2026 and 2027. Where such reporting has not yet been submitted to the Commission, the Member State shall provide a reasoned justification, based on validated national data, and description of the implemented measures, that the conditions for the exemption set out in this paragraph are fulfilled;

(a) the rate of separate collection as required under Article 43(3) and (4) of the respective packaging format as reported to the Commission under Article 50(1) point (c) is above 60 % by weight of such packaging placed on the market on the territory of that Member State in the calendar years 2026 and 2027. Where such reporting has not yet been submitted to the Commission, the Member State shall provide a reasoned justification, based on validated national data, and description of the implemented measures, that the conditions for the exemption set out in this paragraph are fulfilled;

Or. fr

Amendment 93

Proposal for a regulation

Article 44 – paragraph 3 – point b

Text proposed by the Commission

Amendment

(b) at the latest 24 months before the deadline laid down in paragraph 1 of this Article, the Member State notifies the Commission of its request for exemption and submits an implementation plan showing a strategy with concrete actions, including timeline that ensure the achievement of the 90 % separate collection rate by weight of the packaging referred to in paragraph 1.

(b) at the latest 24 months before the deadline laid down in paragraph 1 of this Article, the Member State notifies the Commission of its request for exemption and submits an implementation plan showing a strategy with concrete actions, including timeline that ensure the achievement of the 60 % separate collection rate by weight of the packaging referred to in paragraph 1.

Or. fr

Amendment 94

Proposal for a regulation

Article 44 – paragraph 4

Text proposed by the Commission

Amendment

4. Within three months of receipt of the implementation plan submitted pursuant to paragraph 3, point (b), the Commission may request a Member State to revise that plan, if it considers that it does not comply with the requirements set out in point (c) of that paragraph. The Member State concerned shall submit a revised plan within 3 months of receipt of the Commission’s request.

deleted

Or. fr

Amendment 95

Proposal for a regulation

Article 44 – paragraph 5

Text proposed by the Commission

Amendment

5. If the separate collection rate of the packaging referred to in paragraph 1 in a Member State concerned decreases and remains below 90 % by weight of a given packaging format placed on the market for three consecutive calendar years, the Commission shall notify the Member State concerned that the exemption no longer applies. The deposit and return system shall be established by 1 January in the second calendar year following the year in which the Commission notified the Member State concerned that the exemption no longer applies.

deleted

Or. fr

Amendment 96

Proposal for a regulation

Article 44 – paragraph 6

Text proposed by the Commission

Amendment

6. Member States shall endeavour to establish and maintain deposit and return systems in particular for single use glass beverage bottles, beverage cartons and for reusable packaging. Member States shall endeavour to ensure that deposit and return systems for single-use packaging formats, in particular for single use glass beverage bottles, are equally available for reusable packaging where technically and economically feasible.

deleted

Or. fr

Amendment 97

Proposal for a regulation

Article 44 – paragraph 9

Text proposed by the Commission

Amendment

9. By 1 January 2028, Member States shall ensure that all deposit and return systems, including those established under paragraph 5, meet the minimum criteria listed in Annex X.

9. By 1 January 2032, Member States shall ensure that all deposit and return systems, including those established under paragraph 5, meet the minimum criteria listed in Annex X.

Or. fr

Amendment 98

Proposal for a regulation

Article 58 – paragraph 2

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(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 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.

Or. fr

Amendment 99

Proposal for a regulation

Article 62 – paragraph 1

Text proposed by the Commission

Amendment

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 = 36 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.

Or. fr

Amendment 100

Proposal for a regulation

Article 65 – paragraph 2

Text proposed by the Commission

Amendment

It shall apply from [OP: Please insert the date = 12 months after the date of entry into force of this Regulation].

It shall apply from [OP: Please insert the date = 24 months after the date of entry into force of this Regulation].

Or. fr

Amendment 101

Proposal for a regulation

Annex I – paragraph 6

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

Flower pots intended to be used only for the selling and transporting of plants unless the manufacturer states on the label that the pot concerned should not be separated from the plant

Or. fr

Amendment 102

Proposal for a regulation

Annex I – paragraph 15

Text proposed by the Commission

Amendment

Flower pots intended to stay with the plant throughout its life time

Flower pots intended to stay with the plant throughout its life time which are also used at the various stages in the production process, as they represent sustainable production factors

Or. fr

Amendment 103

Proposal for a regulation

Annex I – paragraph 31

Text proposed by the Commission

Amendment

Plastic foil for cleaned clothes in laundries

deleted

Or. fr

Amendment 104

Proposal for a regulation

Annex I – paragraph 36 a (new)

Text proposed by the Commission

Amendment

Plastic foil for cleaned clothes in laundries

Or. fr

Amendment 105

Proposal for a regulation

Annex IV – Part I – point 5

Text proposed by the Commission

Amendment

5. Hygiene and safety: the packaging design shall ensure user and consumer safety as well as product safety and hygiene throughout the distribution, end use and disposal.

5. Hygiene and safety: the packaging design shall ensure user and consumer safety as well as product safety and hygiene throughout the distribution, end use and disposal, including protection of geographical indications and intellectual property rights (patent, licence, trademark, design or model) protected by Union legislation .

Or. fr

Amendment 106

Proposal for a regulation

Annex IV – Part I – point 7 a (new)

Text proposed by the Commission

Amendment

7a. Marketing and consumer acceptance: The packaging design shall ensure brand differentiation and/or identification of the protected geographical indication.

Or. fr