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From · 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

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To · opinion parliamentary committee draft · 2023-04-04 AGRI-PA-745499 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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~~EXPLANATORY MEMORANDUM~~

SHORT JUSTIFICATION

At the time of writing this draft opinion, the decision on whether to allocate competences to the IMCO Committee has not yet been taken. With this in mind, the rapporteur reserves the right to amend the proposal for a regulation at a later stage.

Thanks to the development of the internal market, agri-food products can move entirely freely within the European Union, giving citizens of all Member States the opportunity to consume food and specialities from other countries. The quality benchmark of European products is what makes the European food market, characterised by very high-quality products and culinary excellence, distinctive.

First of all, the rapporteur welcomes the proposal’s ambition with regard to the need to combat waste, protect the environment and develop a more circular economy. She believes that industry must indeed make efforts with regards to packaging and that the appropriate infrastructure needs to be put in place by the competent national and local authorities, as well as by the bodies responsible for waste collection and recycling, while still holding consumers responsible for what they buy and how they sort and throw away packaging.

The objectives of the proposal for a regulation on packaging and packaging waste are worthy of support and correspond to the sustainability targets backed by the AGRI Committee.

However, she shares the reservations expressed by the Regulatory Scrutiny Board, referred to in the impact assessment accompanying the proposal for a regulation, reservations which are also shared by the majority of those working in the sector.

Agri-food, and in particular fruit and vegetables, is certainly one of the areas in which this new regulation can improve and make packaging more efficient, while reducing waste.

In order for this proposal for a regulation to achieve more realistic objectives and thus to encourage the smooth development of the waste packaging treatment sector, create local jobs in the sector and bring about more innovation, the rapporteur considers it necessary to make a number of clarifications, in particular:

However, given the specific characteristics and delicate nature of the products concerned, greater and specific attention must be given to this sector in order to avoid having a negative impact on all actors in the supply chain and on the products themselves.

Consumer protection: the rapporteur points out that consumers play a key role in the collection and sorting of waste and believes that Member States should continue with initiatives to promote accessible and easily understandable tools for consumers to sort and dispose of their waste.

Packaging plays a key role in preserving the quality of food, including its organoleptic properties, by protecting products from mechanical damage and/or physical shocks, microbial contamination or loss of texture, smell, colour or taste, ensuring a longer shelf life, especially for fresh and highly perishable products.

Set deadlines for the adoption of the many delegated and implementing acts: the rapporteur seeks to provide legal certainty by setting clear deadlines allowing stakeholders to properly anticipate the provisions introduced, such as those on recycled content requirements.

The packaging of agri-food products directly contributes to limiting waste. It also ensures that consumers have better access to fresh vegetables and fruit, encouraging their consumption and healthy eating habits, in line with the EU’s objectives.

Set up an expert group via the ‘Forum on Packaging and Packaging Waste’: the rapporteur proposes involving not only the representatives of the Member States but also the entire sector concerned in defining, among others, the various targets, exemptions, design criteria for recycling, or the minimum percentages of recycled content.

The materials that make up the packaging that is in contact with agri-food products are well regulated at EU level, so it is important to ensure that this regulation does not adversely affect them for the reasons mentioned above.

Micro-enterprises and SMEs: the rapporteur is of the opinion that Member States should ensure that the labelling requirements laid down in Article 11 do not entail disproportionate administrative and economic burdens for micro-enterprises and SMEs.

In particular, care will have to be taken to ensure that the targets for recyclable plastic content in food packaging do not jeopardise food quality, given the limitations faced by most recycling chains in Europe and the limited availability of this material on the market, which may cause raw material prices to increase. To this end, chemical recycling should be considered as a complementary method to mechanical recycling, so it can be developed and so as to benefit from its significant use applied to food contact materials.

Minimum recycled content in plastic packaging: the rapporteur has modified the proposal to the effect that, provided in particular that the appropriate infrastructure is in place and operational, the obligation is calculated as an average for all plastic packaging placed on the market by each undertaking, and not per unit of packaging.

The agri-food chain involves a number of stages and actors. Some of the objectives of this regulation risk jeopardising its proper functioning by imposing unrealistic obligations for the functioning of a sector that has already made huge investments in innovation and research, improving its sustainability and serving as a virtuous model when it comes to recycling.

Reusable packaging: while reusable packaging can contribute effectively to the preservation of the environment, it is important that the whole supply chain of reusable packaging be sustainable. The rapporteur recalls that the production of reusable 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. Products from third countries must also comply with the European regulatory framework.

Lastly, it should be noted that the ambitious reuse targets will require us to consume huge amounts of energy and water – a valuable resource whose scarcity risks posing difficulties for Europe’s production and food security and self-sufficiency. It would therefore be good idea for the Member States to be able to adapt their production model according to the availability of this resource.

Labelling requirements: the rapporteur stresses the importance of respecting the specific rules in place for protected geographical indications and intellectual property. She also endorses the focus on QR codes and other types of digital data carriers.

Restrictions on use of certain packaging formats: the rapporteur proposes postponing such restrictions until 2030 in order to give economic operators the time that she deems necessary. She also proposes to exempt micro- and small-enterprises in the Horeca sector from the restriction on the use of single-use packaging for food and beverages.

Re-use targets: the rapporteur considers it necessary to exempt certain economic sectors and to set deadlines as late as 2030 for the others. She believes that re-usability should be based on a comprehensive life-cycle analysis of the different systems and, to that end, provides for an exemption for when it can be demonstrated that alternative packaging formats deliver better environmental, economic, health and hygiene outcomes and on the basis of the waste hierarchy principle.

Lastly, the rapporteur proposes postponing the entry into force of this proposal in order to give Member States and economic operators more time to adapt to this new framework and the ensuing secondary legislation.

AMENDMENTS

The Committee on ~~the Internal Market~~Agriculture and ~~Consumer~~Rural ~~Protection~~Development calls on the Committee on the Environment, Public Health and Food Safety, as the committee responsible, to take the following into account:

Amendment 1

Proposal for a regulation

Recital 85

Text proposed by the Commission

Amendment

~~(8) The European~~(5) ~~Parliament’s~~In ~~Resolution~~line ofwith 10the ~~February~~Green ~~2021~~Deal33 on, the ~~New~~new Circular Economy Action ~~Plan39~~Plan ~~reiterated~~(CEAP)34 commits to reinforcing the ~~objective~~essential requirements for packaging in view of making all packaging reusable or recyclable ~~in an economically viable way~~ by ~~2030~~2030, and ~~called~~to onconsider ~~the~~other ~~Commission~~measures to ~~present a~~reduce ~~legislative~~(over)packaging ~~proposal~~and ~~including~~packaging ~~waste~~waste, ~~reduction~~drive ~~measures~~design ~~and~~for ~~targets~~re-use and ~~ambitious~~recyclability ~~essential~~of ~~requirements~~packaging, inreduce the ~~Packaging~~complexity ~~and~~of ~~Packaging~~packaging ~~Waste~~materials ~~Directive~~and tointroduce ~~reduce~~requirements ~~excessive~~for ~~packaging,~~recycled ~~including~~content in ~~e-commerce,~~plastic ~~improve~~packaging. ~~recyclability~~It ~~and~~commits ~~minimise~~the Commission to assess the ~~complexity~~feasibility of ~~packaging, increase~~Union-wide ~~recycled~~labelling ~~content,~~that ~~phase~~facilitates ~~out~~the ~~hazardous~~correct ~~and~~separation ~~harmful~~of ~~substances,~~packaging ~~and~~waste ~~promote~~at ~~re-use.~~source.

~~(8) The European~~(5) ~~Parliament’s~~In ~~Resolution~~line ofwith 10the ~~February~~Green ~~2021~~Deal33 on, the ~~New~~new Circular Economy Action ~~Plan39~~Plan ~~reiterated~~(CEAP)34 commits to reinforcing the ~~objective~~essential requirements for packaging in view of making all packaging reusable or recyclable ~~in an economically viable way~~ by ~~2030~~2030, and ~~called~~to onconsider ~~the~~other ~~Commission~~measures to ~~present a~~reduce ~~legislative~~(over)packaging ~~proposal~~and ~~including~~packaging ~~waste~~waste, ~~reduction~~drive ~~measures~~design ~~and~~for ~~targets~~re-use and ~~ambitious~~recyclability ~~essential~~of ~~requirements~~packaging, inreduce the ~~Packaging~~complexity ~~and~~of ~~Packaging~~packaging ~~Waste~~materials ~~Directive~~and tointroduce ~~reduce~~requirements ~~excessive~~for ~~packaging,~~recycled ~~including~~content in ~~e-commerce,~~plastic ~~improve~~packaging. ~~recyclability~~It ~~and~~commits ~~minimise~~to ~~the~~reduce ~~complexity~~food ofwaste ~~packaging,~~and ~~increase~~encourages ~~recycled~~circular ~~content,~~approaches ~~phase~~to ~~out~~the ~~hazardous~~use ~~and~~of ~~harmful~~water. ~~substances,~~It ~~and~~tasks ~~promote~~the ~~re-use.~~Commission ~~That~~to ~~same~~assess ~~resolution~~the ~~also~~feasibility ~~stressed~~of Union-wide labelling that ~~food~~facilitates ~~safety~~the orcorrect ~~hygiene~~separation ~~standards~~of ~~must~~packaging ~~not~~waste beat ~~compromised.~~source.

__________________

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

33 https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=COM%3A2019%3A640%3AFIN

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

33 https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=COM%3A2019%3A640%3AFIN

~~Or. fr~~

34 https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=COM:2020:98:FIN&WT.mc_id=Twitter

Or. en

Amendment 2

Proposal for a regulation

Recital 126 a (new)

Text proposed by the Commission

Amendment

(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.

(6a) Plastic is overall the most used material for the packaging of agri-food products, as it ensures their safety while keeping their quality and conformity throughout the supply chain, including transport, as well as contributing to increasing the shelf life of fresh and highly perishable products. Most non-plastic food contact materials are not currently covered by specific European legislation and recycling technologies currently available do not always guarantee a high quality recycled plastic. For this reason, any initiative aimed at substituting single-use packaging, including plastic products, in the food sector, should be done in a technically and economically feasible way. Chemical recycling constitutes a complementary option to mechanical recycling to achieve the targets set in this Regulation, especially for plastic packaging in contact with food.

Or. fren

Amendment 3

Proposal for a regulation

Recital 137

Text proposed by the Commission

Amendment

(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.

(7) The Council underlined in its Conclusions of December 202038 , that the revision of Directive 94/62/EC should update and establish more concrete, effective and easy to implement provisions to facilitate sustainable packaging in the internal market and minimise the complexity of packaging in order to foster economically feasible solutions, to improve the reusability and recyclability as well as minimise substances of concern in packaging materials, especially concerning food packaging materials, and to provide for labelling packaging in an easily understandable way to inform consumers about its recyclability and where its waste should be discarded to facilitate sorting and recycling. In the same Conclusions, the Council also stressed that any potential application of bio-based, "biodegradable" or "compostable" plastics should be based on lifecycle assessments of the impacts on the environment taking into full consideration the role of renewable materials in climate change mitigation, in biodiversity conservation and in food security.

~~Or. fr~~

__________________

38 https://data.consilium.europa.eu/doc/document/ST-13852-2020-INIT/en/pdf

Or. en

Amendment 4

Proposal for a regulation

Recital 208

Text proposed by the Commission

Amendment

(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.

(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.

(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~~

__________________

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

Or. en

Amendment 5

Proposal for a regulation

~~Recital 22~~

Recital 8 a (new)

Text proposed by the Commission

Amendment

(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.

(8a) In its Resolution of 15 September 2022 on the consequences of drought, fire, and other extreme weather phenomena: increasing the EU’s efforts to fight climate change39a the European Parliament stressed how water is an increasingly valuable yet scarce resource and underlined the importance of sustainable water management for guaranteeing food security, calling on the Commission to refrain from proposing further EU legislation that endangers or risks endangering EU food security. In light of its scarcity, the use of water should be prioritised in sectors where it is essential, such as agriculture.

(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~~

39a https://www.europarl.europa.eu/doceo/document/TA-9-2022-0330_EN.html

Or. en

Amendment 6

Proposal for a regulation

Recital 2212 a (new)

Text proposed by the Commission

Amendment

(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.

(12a) It is estimated that 88 million tonnes of food waste are generated in the EU each year and over 50 % of food waste is estimated to come from households and the consumer level. Packaging can play an important role in reducing food waste as it preserves essential elements of food, so that its composition and organoleptic properties are not compromised, as well as it ensures food protection from mechanical damage and physical shocks, and it is an effective barrier against microbiological degradation, oxygen or loss of aromas, therefore increasing the shelf life of agri-food products. Packaging for fresh vegetables and fruit can ensure that consumers have access to fresh, healthy products that last longer therefore encouraging their consumption and healthy eating habits. 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 and other articles such as containers also improve hygiene and make it more convenient for people to buy, sell and handle food. Any initiative to reduce the amount of packaging placed on the market and packaging waste should not outweigh the EU ambitions of food waste reduction.

Or. fren

Amendment 7

Proposal for a regulation

~~Recital 26 a (new)~~

Recital 13

Text proposed by the Commission

Amendment

(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.

~~Or. fr~~

(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 according 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. en

Amendment 8

Proposal for a regulation

~~Recital 40~~

Recital 14 a (new)

Text proposed by the Commission

Amendment

(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.

(14a) According to Regulation (EC) No 178/2002 of the European Parliament and of the Council43a to ensure a sufficiently comprehensive and integrated approach to food safety, there should be a broad definition of food law covering a wide range of provisions with a direct or indirect effect on the safety of food and feed, including provisions on materials and articles in contact with food, animal feed and other agricultural inputs at the level of primary production. Moreover, Regulation (EC) No 178/2002 stipulates that it is necessary to adopt measures aimed at guaranteeing that unsafe food is not placed on the market and that all measures governing food and feed shall be based on risk analysis, including risk assessments, as they facilitate the avoidance of unjustified barriers to the free movement of foodstuff. Such Regulation also stipulates that EFSA should be consulted before provisions liable to affect public health are adopted under specific measures.

(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.

~~__________________~~

__________________

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

43a Regulation (EC) No 178/2002 of the European Parliament and of the Council of 28 January 2002 laying down the general principles and requirements of food law, establishing the European Food Safety Authority and laying down procedures in matters of food safety (OJ L 31, 1.2.2002).

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

Or. en

~~Or. fr~~

Amendment 9

Proposal for a regulation

Recital 4116

Text proposed by the Commission

Amendment

~~(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.~~

(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.

(16) In line with the Zero Pollution Action Plan44 , Union policies should be based on the principle that preventive action should be taken at source. The Commission underlines in the Chemicals Strategy for Sustainability that Regulation (EC) No 1907/2006 of the European Parliament and of the Council45 and Regulation (EC) No 1272/2008 of the European Parliament and of the Council46 should be reinforced as the cornerstones for regulating chemicals in the Union and that they should be complemented by coherent approaches to assess and manage chemicals in existing sectorial legislation. Substances in packaging and packaging components are therefore restricted at source and primarily addressed under Regulation (EC) No 1907/2006 in accordance with the rules and procedures laid out under its Title VIII, in order to protect human health and the environment, along all stages of the life cycle of the substance, including the waste stage. Hence, it should be recalled that the provisions of that Regulation apply for adopting or amending restrictions on substances manufactured for use or used in the production of packaging or packaging components as well as on the placing on the market of substances present in packaging or packaging components. Concerning packaging falling within the scope of Regulation (EC) No 1935/2004 of the European Parliament and of the Council47 , it should be recalled that that Regulation applies to ensure a high level of protection of the consumers of packaged food. Accordingly, any material or article intended to come into contact directly or indirectly with food, including packaging, should preclude substances from being transferred to food in quantities large enough to endanger human health or to bring about an unacceptable change in the composition of the food or a deterioration in its organoleptic properties. Regulation (EC) No 1935/2004 also stipulates that the traceability of materials and articles intended to come into contact with food should be ensured at all stages in order to facilitate control, the recall of defective products, consumer information and the attribution of responsibility.

~~Or. fr~~

__________________

44 Communication from the Commission to the European Parliament, the European Council, the Council, the European Economic and Social Committee and the Committee of the Regions Pathway to a Healthy Planet for All EU Action Plan: ‘Towards Zero Pollution for Air, Water and Soil’ COM(2021) 400 final.

45 Regulation (EC) No 1907/2006 of the European Parliament and of the Council of 18 December 2006 concerning the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH), establishing a European Chemicals Agency, amending Directive 1999/45/EC and repealing Council Regulation (EEC) No 793/93 and Commission Regulation (EC) No 1488/94 as well as Council Directive 76/769/EEC and Commission Directives 91/155/EEC, 93/67/EEC, 93/105/EC and 2000/21/EC (OJ L 396, 30.12.2006, p. 1).

46 Regulation (EC) No 1272/2008 of the European Parliament and of the Council of 16 December 2008 on classification, labelling and packaging of substances and mixtures, amending and repealing Directives 67/548/EEC and 1999/45/EC, and amending Regulation (EC) No 1907/2006 (OJ L 353, 31.12.2008, p. 1).

47 Regulation (EC) No 1935/2004 of the European Parliament and of the Council of 27 October 2004 on materials and articles intended to come into contact with food and repealing Directives 80/590/EEC and 89/109/EEC (OJ L 338, 13.11.2004, p. 4–17).

Or. en

Amendment 10

Proposal for a regulation

~~Recital 43~~

Recital 16 a (new)

Text proposed by the Commission

Amendment

(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.

(16a) A comprehensive system of traceability for food and feed items is essential through all stages of production, processing and distribution to ensure the functioning of the internal market in food or feed, so that targeted and accurate withdrawals can be undertaken or information given to consumers or control officials, thereby avoiding the potential for unnecessary wider disruption in the event of food safety problems. In these regards, packaging, including sticky labels, is fundamental and non-replaceable as it ensures that food or feed which is placed on the market is adequately labelled or identified, therefore can be traced. In case of problems, traceability of foodstuff and feedstuffs through their packaging is also essential to attribute responsibilities on the right operator, therefore constituting an important element to safeguard the work of farmers and agri-food businesses.

Or. en

~~Or. fr~~

Amendment 11

Proposal for a regulation

~~Recital 43 a (new)~~

Recital 20

Text proposed by the Commission

Amendment

(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.

~~Or. fr~~

(20) Designing packaging with the objective of its recycling, once it becomes packaging waste, is one of the most efficient measures to improve the packaging circularity and raise packaging recycling rates and the use of recycled content in packaging while ensuring packaging performs its functions as outlined in Article 3(1) of this Regulation. A high standard of quality and the protection of intellectual property, both of which are important to safeguard the reputation which the Union's products have achieved on the global market and prevent the usurpation, imitation, evocation of geographical indication names and trademarks, must also be taken into account. 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.

Or. en

Amendment 12

Proposal for a regulation

~~Recital 44 a (new)~~

Recital 24

Text proposed by the Commission

Amendment

(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.

(24) In order to protect human and animal health and safety, due to the nature of the packaged products and the related requirements, it is appropriate that the recyclability requirements should not apply to immediate packaging as defined in Article 1 of Directive 2001/83/EC of the European Parliament and of the Council50 and in Article 4(25) of Regulation (EU) 2019/6 of the European Parliament and of the Council51 , which are in direct contact with the medicinal product, as well as contact sensitive plastic packaging of medical devices covered by Regulation (EU) 2017/745 of the European Parliament and of the Council52 and of in vitro diagnostics medical devices covered by Regulation (EU) 2017/746 of the European Parliament and of the Council53 . These exemptions should apply until 1 January 2035.

~~Or. fr~~

(24) In order to protect human and animal health and safety, due to the nature of the packaged products and the related requirements, it is appropriate that the recyclability requirements should not apply to immediate packaging as defined in Article 1 of Directive 2001/83/EC of the European Parliament and of the Council50 and in Article 4(25) of Regulation (EU) 2019/6 of the European Parliament and of the Council51 , which are in direct contact with the medicinal product, as well as contact sensitive plastic packaging of medical devices covered by Regulation (EU) 2017/745 of the European Parliament and of the Council52 and of in vitro diagnostics medical devices covered by Regulation (EU) 2017/746 of the European Parliament and of the Council53 as well as food intended for special medical purposes and vulnerable groups, such as infants and young children as defined under Regulation (EU) No 609/201353a.

__________________

50 Directive 2001/83/EC of the European Parliament and of the Council of 6 November 2001 on the Community code relating to medicinal products for human use (OJ L 311, 28.11.2001, p. 67).

51 Regulation (EU) 2019/6 of the European Parliament and of the Council of 11 December 2018 on veterinary medicinal products and repealing Directive 2001/82/EC (OJ L 4, 7.1.2019, p. 43).

52 Regulation (EU) 2017/745 of the European Parliament and of the Council of 5 April 2017 on medical devices, amending Directive 2001/83/EC, Regulation (EC) No 178/2002 and Regulation (EC) No 1223/2009 and repealing Council Directives 90/385/EEC and 93/42/EEC (OJ L 117, 5.5.2017, p. 1).

53 Regulation (EU) 2017/746 of the European Parliament and of the Council of 5 April 2017 on in vitro diagnostic medical devices and repealing Directive 98/79/EC and Commission Decision 2010/227/EU (OJ L 117, 5.5.2017, p. 176).

53a Regulation (EU) No 609/2013 of the European Parliament and of the Council of 12 June 2013 on food intended for infants and young children, food for special medical purposes, and total diet replacement for weight control and repealing Council Directive 92/52/EEC, Commission Directives 96/8/EC, 1999/21/EC, 2006/125/EC and 2006/141/EC, Directive 2009/39/EC of the European Parliament and of the Council and Commission Regulations (EC) No 41/2009 and (EC) No 953/2009 (OJ L 181, 29.6.2013).

Or. en

Amendment 13

Proposal for a regulation

Recital 6729

Text proposed by the Commission

Amendment

(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.

(29) In order to prevent barriers to the internal market and ensure the efficient implementation of the obligations, economic operators should ensure that the plastic part of each unit of packaging contains a certain minimum percentage of recycled content recovered from post-consumer plastic waste.

(29) In order to prevent barriers to the internal market and ensure the efficient implementation of the obligations, economic operators should ensure that plastic packaging contains a certain minimum percentage of recycled content recovered from post-consumer plastic waste calculated as an average of the plastic packaging placed by a producer on the Union market. This provision should not apply to food or feed contact plastic packaging in those cases when the recycled content risks affecting human and animal health and/or compromising the organoleptic characteristics of products.

Or. fren

Amendment 14

Proposal for a regulation

Recital 6831

Text proposed by the Commission

Amendment

(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.

(31) In order to ensure uniform conditions for the implementation of the rules on calculating and verifying, per unit of post-consumer plastic waste in packaging, the share of recycled content recovered from post-consumer plastic waste present and establishing the format for technical documentation, the Commission should be empowered to adopt implementing provisions, in accordance with Article 5 of Regulation (EU) No 182/2011 of the European Parliament and of the Council55 .

(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.

(31) In order to ensure uniform conditions for the implementation of the rules on calculation and verification of the share of recycled content recovered from post-consumer plastic waste present and establishing the format for technical documentation, the Commission should be empowered to adopt implementing provisions, in accordance with Article 5 of Regulation (EU) No 182/2011 of the European Parliament and of the Council55 .

~~Or. fr~~

__________________

55 Regulation (EU) No 182/2011 of the European Parliament and of the Council of 16 February 2011 laying down the rules and general principles concerning mechanisms for control by Member States of the Commission’s exercise of implementing powers (OJ L 55, 28.2.2011, p. 13).

Or. en

Amendment 15

Proposal for a regulation

Recital ~~100~~36

Text proposed by the Commission

Amendment

(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.

(36) For limited packaging applications made of biodegradable plastic polymers, there is a demonstrable environmental benefit of using compostable packaging, which enters composting plants, including anaerobic digestion facilities under controlled conditions. Furthermore, where appropriate waste collection schemes and waste treatment infrastructures are available in a Member State, there should be a limited flexibility in deciding whether to mandate the use of compostable plastics for lightweight plastic carrier bags on its territory. In order to avoid consumer confusion about the correct disposal and considering the environmental benefit of circularity of the carbon, all other plastic packaging should go into material recycling and the design of such packaging should ensure that it does not affect the recyclability of other waste streams.

(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. fren

Amendment 16

Proposal for a regulation

~~Recital 100 a (new)~~

Recital 40

Text proposed by the Commission

Amendment

~~(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.~~

(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.

~~Or. fr~~

(40) Packaging should be designed so as to minimise its volume and weight while maintaining its ability to perform the packaging functions, including those referred to in Article 3(1) of this Regulation, and without compromising the need for a high standard of quality and recognition and respect of intellectual property rights. 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 presentation, design, and differentiation functionality, they should not be the main performance criteria justifying on their own additional packaging weight and volume. However, as set out in Article 9 of this Regulation, this should not compromise product or packaging specifications designs or shapes for craft and industrial products and food, wine, spirit drinks, other alcoholic beverages and agricultural products which are registered EU geographical indications, or otherwise protected by Union intellectual property law or agreements between the EU and third countries which recognise products of a distinctive origin, as part of the Union’s objective to protect intellectual property, cultural heritage and traditional, artisanal or of rural origin 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.

__________________

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

Or. en

Amendment 17

Proposal for a regulation

Recital ~~101~~42

Text proposed by the Commission

Amendment

(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.

(42) In order to facilitate conformity assessment with requirements on packaging minimisation, it is necessary to provide 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 specify measurable design criteria, including where appropriate, maximum weight or empty space limits for specific packaging formats as well as by-default, standardised packaging designs that comply with the packaging minimisation requirement.

(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. fren

Amendment 18

Proposal for a regulation

Recital ~~102~~43

Text proposed by the Commission

Amendment

(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.

(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.

(43) To promote the circularity and sustainable use of packaging, reusable packaging and systems for re-use should be incentivised without prejudice to Article 4(2) of Directive 2008/98/EC and where re-use does not pose risks to the quality of food and/or compromises its organoleptic properties. 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. In light of the significant amount of water needed to implement a re-use system at industrial level, Member States should maintain a level of flexibility in adopting such provision. The Commission should produce a risk assessment of the implementation of reusable packaging vis-à-vis EU water management strategy and European water waste reduction targets.

Or. fren

Amendment 19

Proposal for a regulation

Recital ~~103~~47

Text proposed by the Commission

Amendment

(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.

(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.

(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. In case of packaging used for foodstuffs, the introduction of a QR code or other data on recyclability should be clearly distinguishable and should not affect the provision of nutrition information on packaging as set out in Regulation (EU) No 1169/2011 on the provision of food information to consumers57a.

~~Or. fr~~

__________________

57a Regulation (EU) No 1169/2011 of the European Parliament and of the Council of 25 October 2011 on the provision of food information to consumers, amending Regulations (EC) No 1924/2006 and (EC) No 1925/2006 of the European Parliament and of the Council, and repealing Commission Directive 87/250/EEC, Council Directive 90/496/EEC, Commission Directive 1999/10/EC, Directive 2000/13/EC of the European Parliament and of the Council, Commission Directives 2002/67/EC and 2008/5/EC and Commission Regulation (EC) No 608/2004 (OJ L 304, 22.11.2011).

Or. en

Amendment 20

Proposal for a regulation

Recital ~~107~~60

Text proposed by the Commission

Amendment

(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.

(60) The problem of excessive packaging waste generation cannot be fully addressed by setting obligations on packaging design. For certain packaging types, obligations to reduce the empty space should be set on economic operators in terms of reducing the empty space when using such packaging. In case of grouped, transport and e-commerce packaging used for supply of products to final distributors or end user, the empty space ration should not exceed 40 %. In line with the waste hierarchy, it should be possible for economic operators using sales packaging as e-commerce packaging to be exempted from this obligation.

(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.

(60) The problem of excessive packaging waste generation cannot be fully addressed by setting obligations on packaging design. For certain packaging types, obligations to reduce the empty space should be set on economic operators in terms of reducing the empty space when using such packaging. In case of grouped, transport and e-commerce packaging used for supply of products to final distributors or end user, the empty space ration should not exceed 40 %, unless, in case of foodstuffs, such obligation risks exposing products to physical shocks therefore compromising their quality and generating food waste. In line with the waste hierarchy, it should be possible for economic operators using sales packaging as e-commerce packaging to be exempted from this obligation.

Or. fren

Amendment 21

Proposal for a regulation

Recital ~~110~~61

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.

(61) In order to ensure a high level of environmental protection in the internal market as well as a high level of food safety and hygiene, and facilitate the achievement of the packaging waste prevention targets, unnecessary or avoidable packaging should not be allowed to be placed on the market, unless, in case of foodstuffs, packaging is needed as a barrier against microbiological degradation, oxygen or loss of aromas to preserve the composition and organoleptic properties of products, as well as to ensure protection from mechanical damage, therefore increasing the shelf life of products, especially in case of products from agricultural production. The list of such packaging formats is provided in Annex V of this Regulation. In order to adapt the list to the technical and scientific progress the power to adopt acts in accordance with Article 290 of the Treaty should be delegated to the Commission to amend the list.

Or. fren

Amendment 22

Proposal for a regulation

~~Article 2 – paragraph 2~~

Recital 63

Text proposed by the Commission

Amendment

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.

(63) Reusable packaging has to be safe for its users. Therefore, economic operators offering their products in reusable packaging have to ensure that, before a reusable packaging is used again, it is subject to a reconditioning process, for which requirements should be laid down.

(63) Reusable packaging has to be safe for its users and should guarantee that the organoleptic characteristics and conformity requirements of foodstuffs are not compromised. Therefore, economic operators offering their products in reusable packaging have to ensure that, before a reusable packaging is used again, it is subject to a reconditioning process, for which requirements should be laid down.

Or. fren

~~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 2 – paragraph 2 – subparagraph 1 (new)~~

Recital 67

Text proposed by the Commission

Amendment

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

~~Or. fr~~

~~Justification~~

Or. en

~~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 3 – paragraph 1 – point 36~~

Recital 69

Text proposed by the Commission

Amendment

(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;

(69) Certain uses of single use transport packaging formats are not necessary, as there is a wide range of well-functioning reusable alternatives. In order to ensure that such alternatives are effectively used, it is appropriate to require economic operators, when transporting products between different sites of the same economic operator or between the economic operator and the linked or partner enterprises, to use only reusable transport packaging with respect to packaging formats such as pallets, foldable plastic boxes, plastic crates, intermediate bulk containers, both rigid and flexible, or drums. The same obligation should, for the same reasons, apply to economic operators transporting products within one Member State.

~~deleted~~

Or. fren

Amendment 25

Proposal for a regulation

~~Article 3 – paragraph 1 – point 40~~

Recital 70

Text proposed by the Commission

Amendment

(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;

(70) Achieving re-use and refill targets can be challenging for smaller economic operators. Therefore, certain economic operators should be exempted from the obligation to meet the packaging re-use targets if they place less than a certain volume of packaging on the market, or fulfil the definition of micro-company under Commission Recommendation 2003/36160 , or have the sales area, including all storage and dispatch areas, under a certain surface limit, or in case of farms and agricultural businesses that carry out direct sales activities in farmers' markets regulated by national or regional law. The power to adopt acts in accordance with Article 290 of the Treaty should be delegated to the Commission to establish re-use and refill targets for other products, to lay down further exemptions for other economic operators or to exempt specific packaging formats covered by the reuse or refill targets in case of severe hygiene, food safety or environmental issues preventing the achievement of these targets. Such delegated act should lay down the requirements for the preparation of life cycle assessments according to which exemptions from the obligation to reusable packaging pursuant to Article 4(2) of Directive 2008/98/EC can be justified.

~~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.~~

60 Commission Recommendation of 6 May 2003 concerning the definition of micro, small and medium-sized enterprises (notified under document number C(2003) 1422) (OJ L 124, 20.5.2003, p. 36).

Or. en

Amendment 26

Proposal for a regulation

~~Article 3 – paragraph 1 – point 43 a (new)~~

Recital 84

Text proposed by the Commission

Amendment

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

(84) Waste management in the Union should be improved, with a view to protecting, preserving and improving the quality of the environment, protecting human health, ensuring prudent efficient and rational utilisation of natural resources, promoting the principles of the circular economy, enhancing the use of renewable energy, increasing energy efficiency, reducing the dependence of the Union on imported resources, providing new economic opportunities and contributing to long-term competitiveness. The more efficient use of resources would also bring substantial net savings for Union businesses, public authorities and consumers, while reducing total annual greenhouse gas emissions.

~~Or. fr~~

(84) Waste management in the Union should be improved, with a view to protecting, preserving and improving the quality of the environment, protecting human health, ensuring prudent efficient and rational utilisation of natural resources, promoting the principles of the circular economy, enhancing the use of renewable energy, increasing energy efficiency, reducing the dependence of the Union on imported resources, contributing to food security in the EU, providing new economic opportunities and contributing to long-term competitiveness. The more efficient use of resources would also bring substantial net savings for Union businesses, public authorities and consumers, while reducing total annual greenhouse gas emissions.

Or. en

Amendment 27

Proposal for a regulation

~~Article 4 a (new)~~

Recital 90

Text proposed by the Commission

Amendment

~~Article 4a~~

~~Forum on packaging and of packaging waste~~

(90) Waste prevention is the most efficient way to improve resource efficiency and to reduce the environmental impact of waste. It is important therefore that economic operators take appropriate measures to reduce the waste generation by eliminating excessive packaging and restrict the uses of certain packaging formats, extending the life span of packaging, re-designing products so that no packaging or less packaging can be used, including bulk sales, and by shifting from single use packaging to reusable packaging. Measures aimed at reducing waste generation should also contribute to the achievement of EU food waste reduction targets therefore refraining from imposing packaging requirements that negatively affect the preservation of organoleptic properties and the shelf life of foodstuff.

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

Or. en

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 6 – paragraph 1~~

Recital 104

Text proposed by the Commission

Amendment

~~1. All packaging shall be recyclable.~~

(104) Given the nature of the products and the differences in their production and distribution systems, deposit and return systems should however not be obligatory for packaging for wine, aromatised wine products, spirit drinks and milk and milk products listed in Part XVI of Annex I of the Regulation (EU) No 1308/2013 of the European Parliament and of the Council67 . Member States may establish deposit and return systems covering also other packaging.

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

(104) Given the nature of the products and the differences in their production and distribution systems, deposit and return systems should however not apply to packaging for wine, aromatised wine products, spirit drinks and milk and milk products listed in Part XVI of Annex I of the Regulation (EU) No 1308/2013 of the European Parliament and of the Council67 .

~~Or. fr~~

__________________

67 Regulation (EU) No 1308/2013 of the European Parliament and of the Council of 17 December 2013 establishing a common organisation of the markets in agricultural products and repealing Council Regulations (EEC) No 922/72, (EEC) No 234/79, (EC) No 1037/2001 and (EC) No 1234/2007 (OJ L 347, 20.12.2013, p. 671).

Or. en

Amendment 29

Proposal for a regulation

~~Article 6 – paragraph 2 – subparagraph 1 – point a a (new)~~

Recital 108

Text proposed by the Commission

Amendment

~~(aa) it can be recycled at scale:~~

(108) As a specific packaging waste generation prevention measure, Member States should actively encourage the re-use and refill solutions. They should support the establishment of systems for re-use and refill and monitor their functioning and compliance with the hygiene standards. Member States are encouraged to take also other measures, such as setting up deposit and return systems covering reusable packaging formats, using economic incentives or establishing requirements for final distributors to make available a certain percentage of other products than those covered by re-use and refill targets in reusable packaging or through refill provided that such requirements will not result in fragmentation of single market and creation of trade barriers.

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

(108) As a specific packaging waste generation prevention measure, Member States should actively encourage the re-use and refill solutions, where economically feasible, taking into account food specificities and unless the use of easily recyclable single-use packaging is shown to be the best option according to a life cycle assessment. They should support the establishment of systems for re-use and refill and monitor their functioning and compliance with the hygiene standards. Member States are encouraged to take also other measures, such as setting up deposit and return systems covering reusable packaging formats, using economic incentives or establishing requirements for final distributors to make available a certain percentage of other products than those covered by re-use and refill targets in reusable packaging or through refill provided that such requirements will not result in fragmentation of single market and creation of trade barriers.

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

Or. en

~~– 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 6 – paragraph 2 – subparagraph 1 – point b~~

Recital 117

Text proposed by the Commission

Amendment

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

(117) Producers and producer responsibility organisations should be actively involved in providing information to end users, in particular consumers, on prevention and management of packaging waste. This information should include availability of re-use arrangements for packaging, meaning of labels displayed on packaging and other instructions on the discarding of packaging waste. The producers should also inform that end users have an important role in ensuring an environmentally optimal management of packaging waste. The disclosure of information to all end users as well as reporting on packaging should make use of modern information technologies. The information should be provided either by classical means, such as posters both indoors and outdoors and social media campaigns, or by more innovative means, such as electronic access to websites provided by QR codes affixed to the packaging.

~~deleted~~

(117) Producers and producer responsibility organisations should be actively involved in providing information to end users, in particular consumers, on prevention and management of packaging waste. This information should include availability of re-use arrangements for packaging, meaning of labels displayed on packaging and other instructions on the discarding of packaging waste. The producers should also inform that end users have an important role in ensuring an environmentally optimal management of packaging waste. The disclosure of information to all end users as well as reporting on packaging should make use of modern information technologies and should not negatively impact on other labelling requirements and the provision of food information to consumers under EU law. The information should be provided either by classical means, such as posters both indoors and outdoors and social media campaigns, or by more innovative means, such as electronic access to websites provided by QR codes affixed to the packaging.

Or. fren

Amendment 31

Proposal for a regulation

~~Article 6 – paragraph 2 – subparagraph 1 – point c~~

Recital 136

Text proposed by the Commission

Amendment

~~(c) it is sorted into defined waste streams without affecting the recyclability of other waste streams;~~

(136) The Commission should carry out an evaluation of this Regulation. Pursuant to paragraph 22 of the Inter-institutional Agreement on Better Law-Making, that evaluation should be based on the five criteria of efficiency, effectiveness, relevance, coherence and Union value added and should provide the basis for impact assessments of possible further measures. The Commission should submit to the European Parliament, to the Council, the European Economic and Social Committee, and to the Committee of the Regions a report on the implementation of this Regulation and its impact on the environmental sustainability of packaging and the functioning of the internal market.

~~deleted~~

(136) The Commission should carry out an evaluation of this Regulation. Pursuant to paragraph 22 of the Inter-institutional Agreement on Better Law-Making, that evaluation should be based on the five criteria of efficiency, effectiveness, relevance, coherence and Union value added and should provide the basis for impact assessments of possible further measures. The evaluation should have a dedicated part to, inter alia, the impact of this Regulation on the agri-food system. The Commission should submit to the European Parliament, to the Council, the European Economic and Social Committee, and to the Committee of the Regions a report on the implementation of this Regulation and its impact on the environmental sustainability of packaging and the functioning of the internal market.

Or. fren

Amendment 32

Proposal for a regulation

~~Article 6 – paragraph 2 – subparagraph 1 – point d~~

Recital 137

Text proposed by the Commission

Amendment

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

(137) It is necessary to provide for sufficient time for economic operators to comply with their obligations under this Regulation, and for Member States to set up the administrative infrastructure necessary for its application. The application of this Regulation should therefore also be deferred to a date where those preparations can reasonably be finalised. Particular attention should be paid to facilitate compliance by SMEs with their obligations and requirements under this Regulation, including through guidance to be provided by the Commission to facilitate compliance by economic operators, with a focus on SMEs.

~~deleted~~

(137) It is necessary to provide for sufficient time for economic and businesses operators to adapt to the requirements established by this Regulation, and for Member States to set up the administrative infrastructure necessary for its application. The application of this Regulation should therefore also be deferred to a date where those preparations can reasonably be finalised. Particular attention should be paid to facilitate compliance by SMEs with their obligations and requirements under this Regulation, including through guidance to be provided by the Commission to facilitate compliance by economic operators, with a focus on SMEs.

Or. fren

Amendment 33

Proposal for a regulation

Article 63 – paragraph ~~2 – subparagraph~~ 1 – point e21 a (new)

Text proposed by the Commission

Amendment

~~(e) it can be recycled at scale.~~

(21a) ‘recycling’ means any physical and/or chemical process used to transform a waste material into recycled products, materials or substances in line with Article 3 of Directive 2008/98/EC;

~~deleted~~

Or. en

~~Or. fr~~

Amendment 34

Proposal for a regulation

Article 63 – paragraph 31 – point 24 a (new)

Text proposed by the Commission

Amendment

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).

(24a) ‘traceability’ means the ability to trace and follow a material or article through all stages of manufacture, processing and distribution;

Or. en

~~Or. fr~~

Amendment 35

Proposal for a regulation

Article 63 – paragraph 41 – ~~subparagraph~~point 141

Text proposed by the Commission

Amendment

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.

(41) ‘compostable packaging’ means packaging capable of undergoing physical, chemical, thermal or biological decomposition such that most of the finished compost ultimately decomposes into carbon dioxide, mineral salts, biomass and water, according to Article 47(4), and does not hinder the separate collection and the composting process or activity into which it is introduced in industrially controlled conditions;

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.

(41) ‘compostable packaging’ means packaging capable of undergoing physical, chemical, thermal or biological decomposition such that most of the finished compost ultimately decomposes into carbon dioxide, mineral salts, biomass and water, according to Article 47(4), and does not hinder the quality of the compost in line with European standard EN 13432:2000 or separate collection and the composting process or activity into which it is introduced in industrially controlled conditions;

Or. fren

Amendment 36

Proposal for a regulation

Article 63 – paragraph 61 – ~~introductory~~point ~~part~~56 a (new)

Text proposed by the Commission

Amendment

6. The Commission shall, for each packaging type listed in Table 1 of Annex II, establish the methodology to assess if packaging is recyclable at scale. That methodology shall be based at least on the following elements:

(56a) ‘shelf-life’ means either the period corresponding to the period preceding the ‘use by’ or the minimum durability date until which the foodstuff retains its specific properties when properly stored;

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. en

~~Or. fr~~

Amendment 37

Proposal for a regulation

Article 6 – paragraph 64 – ~~point d a~~subparagraph ~~(new)~~1

Text proposed by the Commission

Amendment

~~(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~~

Or. en

Amendment 38

Proposal for a regulation

Article 6 – paragraph 710 – ~~subparagraph 1~~introductory ~~(new)~~part

Text proposed by the Commission

Amendment

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.

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

~~Or. fr~~

10. This Article shall not apply to the following:

Or. en

Amendment 39

Proposal for a regulation

Article 6 – paragraph 10 – ~~introductory~~point ~~part~~b a (new)

Text proposed by the Commission

Amendment

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

(ba) contact sensitive plastic packaging of medical devices covered by Regulation (EU) 2019/6;

~~10. This Article shall not apply to the following:~~

Or. en

~~Or. fr~~

Amendment 40

Proposal for a regulation

Article 76 – paragraph 110 – ~~introductory~~point ~~part~~c a (new)

Text proposed by the Commission

Amendment

~~1. From 1 January 2030, the plastic part in packaging shall contain the following minimum percentage of recycled content recovered from post-consumer plastic waste, per unit of packaging:~~

(ca) items that are sold along with the product with the objective to be used for the application or dispensing of the product by the end user and will therefore be in contact with the products covered under points (a), (b), (ba) or (c);

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. en

~~Or. fr~~

Amendment 41

Proposal for a regulation

Article 76 – paragraph 210 – ~~introductory~~point ~~part~~c b (new)

Text proposed by the Commission

Amendment

~~2. From 1 January 2040, the plastic part in packaging shall contain the following minimum percentage of recycled content recovered from post-consumer plastic waste, per unit of packaging:~~

(cb) packaging for food intended for special medicinal purposes and vulnerable groups such as infants and young children as defined in Article 1, point (a), (b) and (c) of Regulation (EU) No 609/2013.

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. en

~~Or. fr~~

Amendment 42

Proposal for a regulation

Article 7 – paragraph 31 – ~~point d a~~introductory ~~(new)~~part

Text proposed by the Commission

Amendment

~~(da) insulated transport packaging with high thermal performance;~~

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:

~~Or. fr~~

1. From 1 January 2030, plastic packaging shall contain the following minimum percentage of recycled content recovered from post-consumer plastic waste:

Or. en

Amendment 43

Proposal for a regulation

Article 7 – paragraph 31 – point ~~d b (new)~~a

Text proposed by the Commission

Amendment

~~(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.~~

(a) 30 % for contact sensitive packaging made from polyethylene terephthalate (PET) as the major component;

~~Or. fr~~

(a) 30 % for contact sensitive plastic packaging made from polyethylene terephthalate (PET) as the major component;

Or. en

Amendment 44

Proposal for a regulation

Article 7 – paragraph 71 – point b

Text proposed by the Commission

Amendment

7. By 31 December 2026, the Commission is empowered to adopt implementing acts establishing the methodology for the calculation and verification of the percentage of recycled content recovered from post-consumer plastic waste, per unit of plastic packaging, and the format for the technical documentation referred to in Annex VII. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 59(3).

(b) 10 % for contact sensitive packaging made from plastic materials other than PET, except single use plastic beverage bottles;

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).

(b) 10 % for contact sensitive plastic packaging made from plastic materials other than PET, except single use plastic beverage bottles;

Or. fren

Amendment 45

Proposal for a regulation

Article 7 – paragraph 91 – subparagraph 1 (new)

Text proposed by the Commission

Amendment

By 1 January 2028, the Commission shall assess the need for derogations from the minimum percentage laid down in paragraph 1, points b and d, for specific plastic packaging, or for the revision of the derogation established under paragraph 3 for specific plastic packaging.

Targets shall be calculated as an average of the plastic packaging placed by a producer on the Union market.

~~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. en

~~Or. fr~~

Amendment 46

Proposal for a regulation

Article 7 – paragraph ~~9 – subparagraph~~ 2 – introductory part

Text proposed by the Commission

Amendment

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

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:

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.

2. From 1 January 2040, plastic packaging shall contain the following minimum percentage of recycled content recovered from post-consumer plastic waste:

Or. fren

Amendment 47

Proposal for a regulation

Article 7 – paragraph 92 – subparagraph ~~2 – point~~1 a(new)

Text proposed by the Commission

Amendment

~~(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,~~

Targets shall be calculated as an average of the plastic packaging placed by a producer on the Union market.

~~deleted~~

Or. en

~~Or. fr~~

Amendment 48

Proposal for a regulation

Article 7 – paragraph 93 – ~~subparagraph 2~~point –d ~~point~~a b(new)

Text proposed by the Commission

Amendment

~~(b) revise the derogations established in paragraph 3,~~

(da) items that are sold along with the product with the objective to be used for the application or dispensing of the product by the end user and will therefore be in contact with the products covered under point (a), (b), (ba) or (c);

~~deleted~~

Or. en

~~Or. fr~~

Amendment 49

Proposal for a regulation

Article 7 – paragraph 103 a– point d b (new)

Text proposed by the Commission

Amendment

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.

(db) packaging for food intended for special medicinal purposes and vulnerable groups such as infants and young children as defined in Article 1, point (a), (b) and (c) of Regulation (EU) No 609/2013.

Or. fren

Amendment 50

Proposal for a regulation

Article 87 – paragraph 14 a (new)

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.

4a. Paragraphs 1 and 2 should not apply to plastic packaging intended to come into contact with food or feed in case the amount of recycled content poses threat to human and animal health and risks compromising the organoleptic properties and compliance requirement of products.

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. en

~~Or. fr~~

Amendment 51

Proposal for a regulation

Article 97 – paragraph 17

Text proposed by the Commission

Amendment

~~1. Packaging shall be designed so that its weight and volume is reduced to the minimum necessary for ensuring its functionality taking account of the material that the packaging is made of.~~

1. 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.

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, 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. fren

Amendment 52

Proposal for a regulation

Article 97 – paragraph 29 – subparagraph 1 a (new)

Text proposed by the Commission

Amendment

By 31 December 2035, the Commission shall assess the need for derogations from the minimum percentage laid down in paragraph 2, points a, b and c for specific plastic packaging, or for the revision of the derogation established under paragraph 3 for specific plastic packaging.

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. en

~~Or. fr~~

Amendment 53

Proposal for a regulation

Article 97 – paragraph 39 – subparagraph 1 ~~– introductory~~b ~~part~~(new)

Text proposed by the Commission

Amendment

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

These assessments shall be based on market availability and prices of recycled plastics on an annual basis from the year of entry into force of this Regulation. These assessments shall consider Eurostat data for the EU-27 achieved plastic packaging recycling levels, recycled plastic price indices and annual rates of price change based on a monitoring tool to be established by the European Commission, and be based on the uptake of new recycling technologies and their impact on available market volumes.

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

Or. en

~~Or. fr~~

Amendment 54

Proposal for a regulation

Article 97 – paragraph 39 – subparagraph 2 – introductory part

Text proposed by the Commission

Amendment

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.

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 these assessments, the Commission is empowered to adopt delegated acts in accordance with Article 58 to amend this Regulation in order to:

Or. fren

Amendment 55

Proposal for a regulation

Article 97 – paragraph 49 – subparagraph 12 – point ba

Text proposed by the Commission

Amendment

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

(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,

(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;

(a) provide for derogations from the scope, timing or level of minimum percentage laid down in paragraph 1, points a, b and d, and/or in paragraph 2, points a, b and c for specific plastic packaging, and, as appropriate,

Or. fren

Amendment 56

Proposal for a regulation

Article 97 – paragraph 49 a–subparagraph ~~(new)~~3

Text proposed by the Commission

Amendment

~~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.~~

where suitable recycling technologies to recycle plastic packaging are not available because they are not authorised under the relevant Union rules or are not sufficiently installed in practice.

~~Or. fr~~

where suitable recycling technologies to recycle plastic packaging are not available because they are not authorised under the relevant Union rules or are not sufficiently installed in practice or where there is no sufficient availability of recycled plastic on the market suitable for contact with food.

Or. en

Amendment 57

Proposal for a regulation

Article 108 – paragraph 1 ~~– introductory part~~

Text proposed by the Commission

Amendment

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

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

1. By [OP: please insert the date = 72 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.

Or. fren

Amendment 58

Proposal for a regulation

Article 118 – paragraph 1 ~~– subparagraph~~a 1(new)

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.

1a. Paragraph 1 should only apply in those situations where the introduction of packaging as referred to in that paragraph into the organic waste management stream does not affect the quality of compost according to standard EN 13432:2000 or poses contamination risks.

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. en

~~Or. fr~~

Amendment 59

Proposal for a regulation

Article 119 – paragraph 31

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).

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.

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).

1. Packaging shall be designed so that its weight and volume is reduced to the minimum necessary for ensuring its functionality taking account of:

~~Or. fr~~

(a) the material that the packaging is made of;

(b) a particular shape or design protected by intellectual property rights, to help distinguish and protect a product, and

(c) the preservation of a high standard of quality to ensure the safety of the consumer and to protect the reputation of geographical indications and other products of distinctive origin protected under Union law.

Or. en

Amendment 60

Proposal for a regulation

Article 119 – 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.

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.

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 product or packaging design is subject to intellectual property protection, or the product benefits from the Union's geographical indications of origin protection which apply to EU and third country geographical indications registered in the Union, or the product has been given distinctive product recognition by the Union, and in each case is protected under Union legislation.

Or. fren

Amendment 61

Proposal for a regulation

Article 119 – paragraph 82 a (new)

Text proposed by the Commission

Amendment

~~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.~~

2a. Paragraphs 1 and 2 should apply without detriment to packaging used for agri-food products to preserve the organoleptic characteristics of foodstuffs and protect products from physical shocks.

Or. fren

Amendment 62

Proposal for a regulation

Article 169 – paragraph 104 a– ~~(new)~~subparagraph 1 – point b

Text proposed by the Commission

Amendment

~~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.~~

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

~~Or. fr~~

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

Or. en

Amendment 63

Proposal for a regulation

Article 1710 – paragraph 21 – point af

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;~~

(f) it can be emptied, unloaded, refilled or reloaded while maintaining the quality and safety of the packaged product and allowing for the attachment of labelling, and the provision of information on the properties of that product and on the packaging itself, including any relevant instructions and information for ensuring safety, adequate use, traceability and shelf-life of the product;

~~deleted~~

(f) it can be emptied, unloaded, refilled or reloaded while maintaining the quality and safety of the packaged product, including its organoleptic properties in case of foodstuffs, and allowing for the attachment of labelling, and the provision of information on the properties of that product and on the packaging itself, including any relevant instructions and information for ensuring safety, adequate use, traceability and shelf-life of the product;

Or. fren

Amendment 64

Proposal for a regulation

Article 1711 – paragraph 37

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.

~~deleted~~

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. For packaging used for foodstuffs, the introduction of a QR code or other data on recyclability should be clearly distinguishable and do not affect the provision of nutrition information on packaging, especially in light of the provisions on packaging minimisation referred to in Article 9.

~~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. en

~~Or. fr~~

Amendment 65

Proposal for a regulation

Article 1722 – paragraph 43

Text proposed by the Commission

Amendment

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.

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.

~~deleted~~

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], as well as farms and agricultural businesses that carry out direct sales activities in farmers’ markets regulated by national or regional law, 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.

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.

Or. en

~~Or. fr~~

Amendment 66

Proposal for a regulation

Article 2126 – paragraph 1

Text proposed by the Commission

Amendment

1. Economic operators who supply products to a final distributor or an end user in grouped packaging, transport packaging or e-commerce packaging, shall ensure that the empty space ratio is maximum 40 %.

1. From 1 January 2030, economic operators making large household appliances listed in point 2 of Annex II to Directive 2012/19/EU available on the market for the first time within the territory of a Member State shall ensure that 90 % of those products are made available in reusable transport packaging within a system for re-use.

1. From 1 January 2030, economic operators ~~who~~making ~~supply~~large ~~products~~household toappliances alisted ~~final~~in ~~distributor~~point or1 anof ~~end~~Annex ~~user~~II into ~~grouped~~Directive ~~packaging,~~2012/19/EU ~~transport~~available ~~packaging~~on orthe ~~e-commerce~~market ~~packaging~~for ~~shall~~the ~~ensure~~first ~~that~~time within the ~~empty~~territory ~~space~~of ~~ratio~~a isMember ~~maximum~~State 40shall %ensure onthat ~~average~~90 % of ~~all~~those ~~relevant~~products ~~packaging~~are ~~placed~~made onavailable ~~the~~in ~~Union~~reusable ~~market~~transport bypackaging ~~the~~within ~~economic~~a ~~operator~~system ~~concerned.~~for re-use.

Or. fren

Amendment 67

Proposal for a regulation

Article 2126 – paragraph ~~2 –~~4 ~~subparagraph~~a 2(new)

Text proposed by the Commission

Amendment

~~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.~~

4a. Paragraphs 2, 3 and 4 should not apply to economic operators identified in paragraph 3 of Article 22.

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.

Or. en

~~Or. fr~~

Amendment 68

Proposal for a regulation

Article 2226 – paragraph 15

Text proposed by the Commission

Amendment

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

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:

~~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.~~

deleted

~~Or. fr~~

(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. en

Amendment 69

Proposal for a regulation

Article 2226 – paragraph 26 – introductory part

Text proposed by the Commission

Amendment

~~2. By way of derogation from paragraph 1, economic operators shall not place on the market packaging in the formats and for the purposes listed in point 3 of Annex V as of 1 January 2030.~~

6. The manufacturer and the final distributor making available on the market within the territory of a Member State in sales packaging non-alcoholic beverages in the form of water, water with added sugar, water with other sweetening matter, flavoured water, soft drinks, soda lemonade, iced tea and similar beverages which are immediately ready to drink, pure juice, juice or must of fruits or vegetables and smoothies without milk and non-alcoholic beverages containing milk fat, shall ensure that:

~~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.~~

6. The manufacturer and the final distributor making available on the market within the territory of a Member State in sales packaging non-alcoholic beverages in the form of water, water with added sugar, water with other sweetening matter, flavoured water, soft drinks, soda lemonade, iced tea and similar beverages which are immediately ready to drink, and non-alcoholic beverages containing milk fat, shall ensure that:

Or. fren

Amendment 70

Proposal for a regulation

Article 2226 – paragraph 37 – introductory part

Text proposed by the Commission

Amendment

7. Economic operators using transport packaging in the form of pallets, plastic crates, foldable plastic boxes, pails and drums for the conveyance or packaging of products in conditions other than provided for under paragraphs 12 and 13 shall ensure that:

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.

Or. fren

Amendment 71

Proposal for a regulation

Article 2326 – paragraph 7 – subparagraph 1 (new)

Text proposed by the Commission

Amendment

~~1. Economic operators who place reusable packaging on the market shall ensure that a system for re-use of such packaging is in place, which meets the requirements laid down in Article 24 and Annex VI.~~

This obligation does not apply to food businesses as defined in Article 3, point (2), of Regulation (EC) No 178/2002, which are engaged in logistics and wholesale B2B distribution and large scale industrial production and processing.

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. en

~~Or. fr~~

Amendment 72

Proposal for a regulation

Article 2426 – paragraph 112 – 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.

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.

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

Or. fren

Amendment 73

Proposal for a regulation

Article 26 – paragraph 113 a– ~~(new)~~subparagraph 2

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.

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

~~Or. fr~~

This obligation applies to pallets, boxes, excluding cardboard, plastic crates intermediate bulk containers, and drums, of all sizes and materials not in direct contact with food, including flexible formats.

Or. en

Amendment 74

Proposal for a regulation

Article 26 – paragraph 214 a (new)

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:

14a. Economic operators shall also be exempted from the obligation to meet the targets in paragraphs 7, 12 and 13 in the event that transport packaging placed on the market is manufactured with fully recycled and recyclable raw materials and in the event that such economic operators have adopted, individually or collectively, a waste management system that enables the collection and initiation to recycling of packaging at the end of its life in compliance with the minimum recycling targets foreseen under current legislation.

~~deleted~~

Or. en

~~(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 316 – point c

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:

(c) exemptions for specific packaging formats covered by the targets laid down in paragraphs 2 to 6 of this Article in case of hygiene, food safety or environmental issues preventing the achievement of those targets.

~~deleted~~

(c) exemptions for specific packaging formats covered by the targets laid down in paragraphs 2 to 6 of this Article in case of hygiene, food safety, food security or environmental issues preventing the achievement of those targets.

~~(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;~~

Or. en

~~(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 2644 – paragraph 42 – point b

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:

(b) milk and milk products listed in Part XVI of Annex I to Regulation (EU) No 1308/2013.

~~deleted~~

(b) milk and milk products listed in Part XVI of Annex I to Regulation (EU) No 1308/2013;

~~(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;~~

Or. en

~~(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 2644 – paragraph 52 – point b a (new)

Text proposed by the Commission

Amendment

(ba) olive oil;

~~deleted~~

Or. en

~~(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 2644 – paragraph 62 – point b b (new)

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.~~

(bb) food intended for special medicinal purposes and vulnerable groups such as infants and young children as defined in Article 1, point (a), (b) and (c) of Regulation (EU) No 609/2013.

~~deleted~~

Or. en

~~Or. fr~~

Amendment 79

Proposal for a regulation

~~Article 26 – paragraph 7 – point b~~

Annex I – paragraph 6

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.~~

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

~~deleted~~

Transport trays and carry packs for flower pots intended to be used only for the selling and transporting of plants

Or. fren

Amendment 80

Proposal for a regulation

~~Article 26 – paragraph 8 – point b~~

Annex I – paragraph 15

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;~~

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

~~deleted~~

Flower pots, including directly fillable bedding packs, used throughout different stages of production or intended to be sold with the plant

Or. fren

Amendment 81

Proposal for a regulation

~~Article~~Annex 26III – paragraph 91 – point bc

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;~~

(c) it is of biodegradable nature allowing the packaging to undergo physical, chemical, thermal or biological decomposition, including anaerobic digestion, resulting ultimately in conversion into carbon dioxide or methane, in the absence of oxygen, mineral salts, biomass and water,

~~deleted~~

Or. fren

Amendment 82

Proposal for a regulation

~~Article~~Annex 26III – paragraph 101 – point be

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.~~

(e) its use significantly reduces the contamination of compost with non-compostable packaging; and

~~deleted~~

(e) its use significantly reduces the contamination of compost with non-compostable packaging and does not cause any problems in biowaste processing; and

Or. fren

Amendment 83

Proposal for a regulation

~~Article 26 – paragraph 12 – subparagraph 2~~

Annex IV – Part I – point 6

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.~~

6. Legal requirements: the packaging design shall ensure that the packaging and packaged product can comply with the applicable legislation.

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.

6. Legal requirements: the packaging design shall ensure that the packaging and packaged product can comply with the applicable legislation and relevant intellectual property rights.

Or. fren

Amendment 84

Proposal for a regulation

~~Article 26 – paragraph 15~~

Annex V – point 2

~~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

Single use plastic packaging, single use composite packaging or other single use packaging for fresh fruit and vegetables

Single use packaging for less than 1.5 kg fresh fruit and vegetables, unless there is a demonstrated need to avoid water loss or turgidity loss, microbiological hazards or physical shocks.

Nets, bags, trays, containers

Amendment

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. fren

Amendment ~~104~~85

~~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~~V – point 53

Text proposed by the Commission

Single use plastic, single use composite packaging or other single use packaging

Single use packaging for foods and beverages filled and consumed within the premises in the HORECA sector, which include all eating area inside and outside a place of business, covered with tables and stools, standing areas, and eating areas offered to the end users jointly by several economic operators or third party for the purpose of food and drinks consumption.

Trays, disposable plates and cups, bags, foil, boxes

Amendment

~~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.~~

Single use plastic, single use composite packaging or other single use packaging

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 .

Single use packaging for foods cooked, prepared and consumed and beverages filled and consumed within the premises in the HORECA sector, which include all eating area inside and outside a place of business, covered with tables and stools, standing areas, and eating areas offered to the end users jointly by several economic operators or third party for the purpose of food and drinks consumption.

~~Or. fr~~

Trays, disposable plates and cups, bags, foil, boxes

~~Amendment 106~~

Or. en

Amendment 86

Proposal for a regulation

Annex ~~IV – Part I~~V – point ~~7 a (new)~~4

Text proposed by the Commission

Single use packaging for condiments, preserves, sauces, coffee creamer, sugar, and seasoning in HORECA sector

Single use packaging in the HORECA sector, containing individual portions or servings, used for condiments, preserves, sauces, coffee creamer, sugar and seasoning, except such packaging provided together with take-away ready-prepared food intended for immediate consumption without the need of any further preparation

Sachets, tubs, trays, boxes

Amendment

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

Single use packaging for condiments, preserves, sauces, coffee creamer, sugar, and seasoning in HORECA sector

~~Or. fr~~

Single use packaging in the HORECA sector, containing individual portions or servings, used for condiments, sauces, coffee creamer, sugar and seasoning, except such packaging provided together with take-away ready-prepared food intended for immediate consumption without the need of any further preparation

Sachets, tubs, trays, boxes

Or. en