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DRAFT REPORT (COM(2022)0677 – C90400/2022 – 2022/0396(COD))

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

ENVI-PR-742297

Committee on the Environment, Public Health and Food Safety · Rapporteur: Frédérique Ries

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The rapporteur's draft report sets out Parliament's position on the proposed packaging and packaging waste regulation, amending Regulation (EU) 2019/1020 and Directive (EU) 2019/904 and repealing Directive 94/62/EC. It requires all packaging placed on the market to be recyclable from 1 January 2030, bans paper and cardboard food packaging containing PFASs, and sets mandatory separate collection of 90% of listed materials by 1 January 2029. It sets recycled content targets for plastic packaging per format, per plant, per year, with exemptions for small operators, and adds plastic packaging waste reduction targets of 10% by 2030, 15% by 2035 and 20% by 2040. It restructures re-use targets, placing them on final distributors for beverages, removing take-away food and drink re-use targets, and introducing a refill obligation for the takeaway sector. It limits mandatory compostability to specific packaging, requires the Commission to request an update of standard EN 13432, and restricts very lightweight plastic carrier bags. It creates a Packaging Forum, extends extended producer responsibility to online platforms, and limits the Commission's delegated powers to five years.

Committee position. The rapporteur proposes to amend the Commission proposal by strengthening recyclability and recycled content rules, banning PFASs in food packaging, setting separate collection and plastic waste reduction targets, restructuring re-use targets, and limiting delegated powers.

Key points

  1. All packaging placed on the market must be recyclable from 1 January 2030, and packaging with performance grade E or not recyclable at scale is not considered recyclable.
  2. Paper and cardboard food packaging containing per- and polyfluorinated alkyl substances (PFASs) shall not be placed on the market.
  3. Member States must ensure separate collection of 90% of the materials listed in Article 46 by 1 January 2029, supplementing targets for single-use plastic bottles.
  4. Plastic packaging must contain minimum recycled content per format, per plant, per year from 1 January 2030 and 2040, with exemptions for operators producing no more than 100 tonnes of plastic or meeting the microenterprise definition.
  5. Member States must reduce plastic packaging waste per capita by 10% by 2030, 15% by 2035 and 20% by 2040 compared to 2018.
  6. Final distributors must ensure re-use targets for non-alcoholic beverages (20% by 2030, 35% by 2040) and alcoholic beverages (10% by 2030, 25% by 2040).
  7. Final distributors in the takeaway sector must provide a system for consumers to bring their own container for cold or hot beverages and take-away ready-prepared food.
  8. Mandatory compostability applies to sticky labels attached to fruit and vegetables, very lightweight plastic carrier bags for hygiene or loose food, and tea bags, with the Commission to request an update of EN 13432 by 31 May 2026.
  9. Economic operators shall not place very lightweight plastic carrier bags on the market, except those required for hygiene reasons or as primary packaging for loose food to prevent food wastage.
  10. A Packaging Forum shall be established with balanced participation of Member States and interested parties to prepare delegated and implementing acts and examine market surveillance.
  11. Providers of online platforms must comply with extended producer responsibility requirements unless they prove that the producers comply.
  12. The Commission's power to adopt delegated acts is conferred for five years, and the Commission shall review the use of recycled content in plastics and assess modifying 2040 targets or setting targets for other materials.

Who is affected

  • Economic operators placing packaging on the market, including producers, importers and online platforms, must meet recyclability, recycled content and labelling rules.
  • Final distributors in the beverage and takeaway sectors must meet re-use targets and provide refill systems.
  • Member States must ensure separate collection, meet waste reduction targets and may adopt additional sustainability requirements.
  • Small economic operators, including microenterprises and those producing no more than 100 tonnes of plastic, are exempted from certain recycled content and re-use targets.
  • The Commission must adopt delegated acts, establish a Packaging Forum and request an update of standard EN 13432.

Figures and deadlines

  • 1 January 2030: date from which all packaging placed on the market must be recyclable.
  • 1 January 2029: deadline for Member States to ensure separate collection of 90% of listed materials.
  • 100 tonnes of plastic: threshold below which economic operators are exempted from recycled content targets.
  • 10% by 2030, 15% by 2035 and 20% by 2040: plastic packaging waste reduction targets per capita compared to 2018.
  • 20% by 2030 and 35% by 2040: re-use targets for non-alcoholic beverages.
  • 10% by 2030 and 25% by 2040: re-use targets for alcoholic beverages.
  • 31 May 2026: deadline for the Commission to request an update of the harmonised standard EN 13432.
  • 40%: maximum empty space ratio for grouped, transport and e-commerce packaging.

Legal basis: Article 294(2) and Article 114 of the Treaty on the Functioning of the European Union.