Sittings · Document

DRAFT OPINION (COM(2022)0677 – C90400/2022 – 2022/0396(COD)) 2023-05-02

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

Committee on the Internal Market and Consumer Protection · Rapporteur: Virginie Joron

PA_Legam

EXPLANATORY MEMORANDUM

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.

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.

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.

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:

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.

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.

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.

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.

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.

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.

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 and Consumer Protection 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 8

Text proposed by the Commission

Amendment

(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.

__________________

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

Or. fr

Amendment 2

Proposal for a regulation

Recital 12 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.

Or. fr

Amendment 3

Proposal for a regulation

Recital 13

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.

Or. fr

Amendment 4

Proposal for a regulation

Recital 20

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.

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

Or. fr

Amendment 5

Proposal for a regulation

Recital 22

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.

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

Or. fr

Amendment 6

Proposal for a regulation

Recital 22 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.

Or. fr

Amendment 7

Proposal for a regulation

Recital 26 a (new)

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

Amendment 8

Proposal for a regulation

Recital 40

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.

(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.

Or. fr

Amendment 9

Proposal for a regulation

Recital 41

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.

Or. fr

Amendment 10

Proposal for a regulation

Recital 43

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.

Or. fr

Amendment 11

Proposal for a regulation

Recital 43 a (new)

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

Amendment 12

Proposal for a regulation

Recital 44 a (new)

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.

Or. fr

Amendment 13

Proposal for a regulation

Recital 67

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.

Or. fr

Amendment 14

Proposal for a regulation

Recital 68

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.

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

Or. fr

Amendment 15

Proposal for a regulation

Recital 100

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.

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

Or. fr

Amendment 16

Proposal for a regulation

Recital 100 a (new)

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.

Or. fr

Amendment 17

Proposal for a regulation

Recital 101

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.

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

Or. fr

Amendment 18

Proposal for a regulation

Recital 102

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.

Or. fr

Amendment 19

Proposal for a regulation

Recital 103

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.

Or. fr

Amendment 20

Proposal for a regulation

Recital 107

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.

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

Or. fr

Amendment 21

Proposal for a regulation

Recital 110

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.

Or. fr

Amendment 22

Proposal for a regulation

Article 2 – paragraph 2

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.

Or. fr

Justification

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

Amendment 23

Proposal for a regulation

Article 2 – paragraph 2 – subparagraph 1 (new)

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

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

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;

deleted

Or. fr

Amendment 25

Proposal for a regulation

Article 3 – paragraph 1 – point 40

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;

Or. fr

Justification

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

Amendment 26

Proposal for a regulation

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

Text proposed by the Commission

Amendment

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

Or. fr

Amendment 27

Proposal for a regulation

Article 4 a (new)

Text proposed by the Commission

Amendment

Article 4a

Forum on packaging and of packaging waste

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

When establishing the composition of the Forum, the Commission shall ensure a balanced participation of Member States’ representatives and all interested parties involved with the packaging industry, including waste treatment industry representatives, manufacturers and packaging suppliers, distributers, retailers, importers, SMEs, environmental protection groups and consumer organisations. Those parties shall in particular contribute to the preparation of the delegated and implementing acts provided for in this regulation.

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

Or. fr

Justification

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

Amendment 28

Proposal for a regulation

Article 6 – paragraph 1

Text proposed by the Commission

Amendment

1. All packaging shall be recyclable.

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

Or. fr

Amendment 29

Proposal for a regulation

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

Text proposed by the Commission

Amendment

(aa) it can be recycled at scale:

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

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

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

Or. fr

Justification

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

Amendment 30

Proposal for a regulation

Article 6 – paragraph 2 – subparagraph 1 – point b

Text proposed by the Commission

Amendment

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

deleted

Or. fr

Amendment 31

Proposal for a regulation

Article 6 – paragraph 2 – subparagraph 1 – point c

Text proposed by the Commission

Amendment

deleted

Or. fr

Amendment 32

Proposal for a regulation

Article 6 – paragraph 2 – subparagraph 1 – point d

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;

deleted

Or. fr

Amendment 33

Proposal for a regulation

Article 6 – paragraph 2 – subparagraph 1 – point e

Text proposed by the Commission

Amendment

(e) it can be recycled at scale.

deleted

Or. fr

Amendment 34

Proposal for a regulation

Article 6 – paragraph 3

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).

Or. fr

Amendment 35

Proposal for a regulation

Article 6 – paragraph 4 – subparagraph 1

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.

From 1 January 2026, the Commission is empowered to adopt delegated acts in accordance with Article 58 to supplement this Regulation in order to establish design for recycling criteria and recycling performance grades based on the criteria and parameters listed in Table 2 of Annex II for packaging categories listed in Table 1 of that Annex, as well as rules concerning the modulation of financial contributions to be paid by producers to comply with their extended producer responsibility obligations set out in Article 40(1), based on the packaging recycling performance grade, and for plastic packaging, the percentage of recycled content. Design-for-recycling criteria shall consider state of the art collection, sorting and recycling processes and shall cover all packaging components.

Or. fr

Amendment 36

Proposal for a regulation

Article 6 – paragraph 6 – introductory part

Text proposed by the Commission

Amendment

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

6. From 1 January 2026, the Commission shall, for each packaging type listed in Table 1 of Annex II, establish the methodology to assess if packaging is recyclable at scale. That methodology shall be based at least on the following elements:

Or. fr

Amendment 37

Proposal for a regulation

Article 6 – paragraph 6 – point d a (new)

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

Amendment 38

Proposal for a regulation

Article 6 – paragraph 7 – subparagraph 1 (new)

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.

Or. fr

Amendment 39

Proposal for a regulation

Article 6 – paragraph 10 – introductory part

Text proposed by the Commission

Amendment

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

10. This Article shall not apply to the following:

Or. fr

Amendment 40

Proposal for a regulation

Article 7 – paragraph 1 – introductory part

Text proposed by the Commission

Amendment

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

1. From 1 January 2030, provided that the appropriate infrastructure is in place and operational, and that suitable recycled materials are available, plastic packaging shall contain the following minimum percentage of recycled content recovered from post-consumer plastic waste, on average over all plastic packaging placed on the market by each undertaking:

Or. fr

Amendment 41

Proposal for a regulation

Article 7 – paragraph 2 – introductory part

Text proposed by the Commission

Amendment

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

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

Or. fr

Amendment 42

Proposal for a regulation

Article 7 – paragraph 3 – point d a (new)

Text proposed by the Commission

Amendment

(da) insulated transport packaging with high thermal performance;

Or. fr

Amendment 43

Proposal for a regulation

Article 7 – paragraph 3 – point d b (new)

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.

Or. fr

Amendment 44

Proposal for a regulation

Article 7 – paragraph 7

Text proposed by the Commission

Amendment

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

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

Or. fr

Amendment 45

Proposal for a regulation

Article 7 – paragraph 9 – subparagraph 1

Text proposed by the Commission

Amendment

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

By 1 January 2028, the Commission shall assess the need for derogations from the minimum percentage laid down in paragraph 1, points b and d, for specific plastic packaging.

Or. fr

Amendment 46

Proposal for a regulation

Article 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:

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

Or. fr

Amendment 47

Proposal for a regulation

Article 7 – paragraph 9 – subparagraph 2 – point a

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,

deleted

Or. fr

Amendment 48

Proposal for a regulation

Article 7 – paragraph 9 – subparagraph 2 – point b

Text proposed by the Commission

Amendment

(b) revise the derogations established in paragraph 3,

deleted

Or. fr

Amendment 49

Proposal for a regulation

Article 7 – paragraph 10 a (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.

Or. fr

Amendment 50

Proposal for a regulation

Article 8 – paragraph 1

Text proposed by the Commission

Amendment

1. By [OP: please insert the date = 24 months from the entry into force of this Regulation], packaging referred to in Article 3(1), points (f) and (g), sticky labels attached to fruit and vegetables and very lightweight plastic carrier bags shall be compostable in industrially controlled conditions in bio-waste treatment facilities.

1. By [OP: please insert the date = 24 months from the entry into force of this Regulation], sticky labels attached to fruit and vegetables and very lightweight plastic carrier bags shall be compostable in industrially controlled conditions in bio-waste treatment facilities.

Or. fr

Amendment 51

Proposal for a regulation

Article 9 – paragraph 1

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.

Or. fr

Amendment 52

Proposal for a regulation

Article 9 – paragraph 2

Text proposed by the Commission

Amendment

2. Packaging not necessary to comply with any of the performance criteria set out in Annex IV and packaging with characteristics that are only aimed to increase the perceived volume of the product, including double walls, false bottoms, and unnecessary layers, shall not be placed on the market, unless the packaging design is subject to geographical indications of origin protected under Union legislation.

2. From 1 January 2030, packaging not necessary to comply with any of the performance criteria set out in Annex IV and packaging with characteristics that are only aimed to increase the perceived volume of the product, including double walls, false bottoms, and unnecessary layers, shall not be placed on the market, unless the packaging design and/or the products packaged are subject to geographical indications of origin and/or intellectual property rights (patent, licence, trademark, design or model) that are protected under Union legislation.

Or. fr

Amendment 53

Proposal for a regulation

Article 9 – paragraph 3 – subparagraph 1 – introductory part

Text proposed by the Commission

Amendment

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

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

Or. fr

Amendment 54

Proposal for a regulation

Article 9 – paragraph 3 – subparagraph 2

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.

Or. fr

Amendment 55

Proposal for a regulation

Article 9 – paragraph 4 – subparagraph 1 – point b

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;

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

Or. fr

Amendment 56

Proposal for a regulation

Article 9 – paragraph 4 a (new)

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.

Or. fr

Amendment 57

Proposal for a regulation

Article 10 – 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:

Or. fr

Amendment 58

Proposal for a regulation

Article 11 – paragraph 1 – subparagraph 1

Text proposed by the Commission

Amendment

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

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

Or. fr

Amendment 59

Proposal for a regulation

Article 11 – paragraph 3

Text proposed by the Commission

Amendment

3. Where a unit of packaging covered by Article 7 is marked with a label containing information on the share of recycled content, that label shall comply with the specifications laid down in the relevant implementing act adopted pursuant to Article 11(5) and shall be based on the methodology pursuant to Article 7(7). Where a unit of plastic packaging is marked with a label containing information on the share of biobased plastic content, that label shall comply with the specifications laid down in the relevant implementing act adopted pursuant to Article 11(5).

3. Where packaging covered by Article 7 is marked with a label containing information on the share of recycled content, that label shall comply with the specifications laid down in the relevant implementing act adopted pursuant to Article 11(5) and shall be based on the methodology pursuant to Article 7(7). Where plastic packaging is marked with a label containing information on the share of biobased plastic content, that label shall comply with the specifications laid down in the relevant implementing act adopted pursuant to Article 11(5).

Or. fr

Amendment 60

Proposal for a regulation

Article 11 – paragraph 4 – subparagraph 1

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.

Or. fr

Amendment 61

Proposal for a regulation

Article 11 – paragraph 8 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.

Or. fr

Amendment 62

Proposal for a regulation

Article 16 – paragraph 10 a (new)

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.

Or. fr

Amendment 63

Proposal for a regulation

Article 17 – paragraph 2 – point a

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;

deleted

Or. fr

Amendment 64

Proposal for a regulation

Article 17 – paragraph 3

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

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

Or. fr

Amendment 65

Proposal for a regulation

Article 17 – paragraph 4

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.

deleted

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. fr

Amendment 66

Proposal for a regulation

Article 21 – 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 who supply products to a final distributor or an end user in grouped packaging, transport packaging or e-commerce packaging shall ensure that the empty space ratio is maximum 40 % on average of all relevant packaging placed on the Union market by the economic operator concerned.

Or. fr

Amendment 67

Proposal for a regulation

Article 21 – paragraph 2 – subparagraph 2

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.

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. fr

Amendment 68

Proposal for a regulation

Article 22 – paragraph 1

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.

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.

Or. fr

Amendment 69

Proposal for a regulation

Article 22 – paragraph 2

Text proposed by the Commission

Amendment

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

2. 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.

Or. fr

Amendment 70

Proposal for a regulation

Article 22 – paragraph 3

Text proposed by the Commission

Amendment

3. Member States may exempt economic operators from point 3 of Annex V if they comply with the definition of micro-company in accordance with rules set out in the Commission Recommendation 2003/361, as applicable on [OP: Please insert the date = the date of entry into force of this Regulation], and where it is not technically feasible not to use packaging or to obtain access to infrastructure that is necessary for the functioning of a reuse system.

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. fr

Amendment 71

Proposal for a regulation

Article 23 – paragraph 1

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

Or. fr

Amendment 72

Proposal for a regulation

Article 24 – paragraph 1

Text proposed by the Commission

Amendment

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

Or. fr

Amendment 73

Proposal for a regulation

Article 26 – paragraph 1 a (new)

Text proposed by the Commission

Amendment

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

Or. fr

Amendment 74

Proposal for a regulation

Article 26 – paragraph 2

Text proposed by the Commission

Amendment

2. The final distributor making available on the market within the territory of a Member State in sales packaging cold or hot beverages filled into a container at the point of sale for take-away shall ensure that:

deleted

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

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

Or. fr

Amendment 75

Proposal for a regulation

Article 26 – paragraph 3

Text proposed by the Commission

Amendment

3. A final distributor that is conducting its business activity in the HORECA sector and that is making available on the market within the territory of a Member State in sales packaging take-away ready-prepared food, intended for immediate consumption without the need of any further preparation, and typically consumed from the receptacle, shall ensure that:

deleted

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

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

Or. fr

Amendment 76

Proposal for a regulation

Article 26 – paragraph 4

Text proposed by the Commission

Amendment

4. The manufacturer and the final distributor making available on the market within the territory of a Member State in sales packaging alcoholic beverages in the form of beer, carbonated alcoholic beverages, fermented beverages other than wine, aromatised wine products and fruit wine, products based on spirit drinks, wine or other fermented beverages mixed with beverages, soda, cider or juice, shall ensure that:

deleted

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

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

Or. fr

Amendment 77

Proposal for a regulation

Article 26 – paragraph 5

Text proposed by the Commission

Amendment

5. The manufacturer and the final distributor making available on the market within the territory of a Member State in sales packaging alcoholic beverages in the form of wine, with the exception of sparkling wine, shall ensure that:

deleted

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

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

Or. fr

Amendment 78

Proposal for a regulation

Article 26 – paragraph 6 – point b

Text proposed by the Commission

Amendment

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

deleted

Or. fr

Amendment 79

Proposal for a regulation

Article 26 – paragraph 7 – point b

Text proposed by the Commission

Amendment

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

deleted

Or. fr

Amendment 80

Proposal for a regulation

Article 26 – paragraph 8 – point b

Text proposed by the Commission

Amendment

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

deleted

Or. fr

Amendment 81

Proposal for a regulation

Article 26 – paragraph 9 – point b

Text proposed by the Commission

Amendment

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

deleted

Or. fr

Amendment 82

Proposal for a regulation

Article 26 – paragraph 10 – point b

Text proposed by the Commission

Amendment

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

deleted

Or. fr

Amendment 83

Proposal for a regulation

Article 26 – paragraph 12 – subparagraph 2

Text proposed by the Commission

Amendment

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

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

Or. fr

Amendment 84

Proposal for a regulation

Article 26 – paragraph 15

Text proposed by the Commission

Amendment

15. Economic operators shall be exempted from the obligation to meet the targets in paragraphs 2 to 6 if, during a calendar year, they have a sales area of not more than 100 m2, including also all storage and dispatch areas, and if it is not technically feasible to use reusable packaging or to have access to infrastructure necessary for the reuse system to function.

Or. fr

Amendment 85

Proposal for a regulation

Article 26 – paragraph 15 a (new)

Text proposed by the Commission

Amendment

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

Or. fr

Amendment 86

Proposal for a regulation

Article 27 – paragraph 4 – subparagraph 1

Text proposed by the Commission

Amendment

By 31 December 2028, the Commission shall adopt implementing acts establishing detailed calculation rules and methodology regarding the targets set out in Article 26.

By 31 December 2026, the Commission shall adopt implementing acts establishing detailed calculation rules and methodology regarding the targets set out in Article 26.

Or. fr

Amendment 87

Proposal for a regulation

Article 43 – paragraph 1

Text proposed by the Commission

Amendment

1. Member States shall ensure that systems are set up to provide for the return and separate collection of all packaging waste from the end users in order to ensure that it is treated in accordance with Articles 4 and 13 of Directive 2008/98/EC, and to facilitate its preparation for re-use and high quality recycling.

1. From 1 January 2030, Member States shall ensure that systems are set up to provide for the return and separate collection of all packaging waste from the end users in order to ensure that it is treated in accordance with Articles 4 and 13 of Directive 2008/98/EC, and to facilitate its preparation for re-use and high quality recycling.

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

Or. fr

Amendment 88

Proposal for a regulation

Article 43 – paragraph 3 – point c

Text proposed by the Commission

Amendment

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

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

Or. fr

Amendment 89

Proposal for a regulation

Article 43 – paragraph 5 a (new)

Text proposed by the Commission

Amendment

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

Or. fr

Amendment 90

Proposal for a regulation

Article 44 – paragraph 1 – introductory part

Text proposed by the Commission

Amendment

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

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

Or. fr

Amendment 91

Proposal for a regulation

Article 44 – paragraph 2 – point a

Text proposed by the Commission

Amendment

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

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

Or. fr

Amendment 92

Proposal for a regulation

Article 44 – paragraph 3 – point a

Text proposed by the Commission

Amendment

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

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

Or. fr

Amendment 93

Proposal for a regulation

Article 44 – paragraph 3 – point b

Text proposed by the Commission

Amendment

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

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

Or. fr

Amendment 94

Proposal for a regulation

Article 44 – paragraph 4

Text proposed by the Commission

Amendment

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

deleted

Or. fr

Amendment 95

Proposal for a regulation

Article 44 – paragraph 5

Text proposed by the Commission

Amendment

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

deleted

Or. fr

Amendment 96

Proposal for a regulation

Article 44 – paragraph 6

Text proposed by the Commission

Amendment

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

deleted

Or. fr

Amendment 97

Proposal for a regulation

Article 44 – paragraph 9

Text proposed by the Commission

Amendment

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

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

Or. fr

Amendment 98

Proposal for a regulation

Article 58 – paragraph 2

Text proposed by the Commission

Amendment

2. The power to adopt delegated acts referred to in Article 5(5), Article 6(4), Article 6(6), Article 7(9), Article 7(10), Article 7(11), Article 8(5), Article 22(4), Article 26(16) and Article 57(3) shall be conferred on the Commission for a period of ten years from date of entry into force of this Regulation. The Commission shall draw up a report in respect of the delegation of power no later than nine months before the end of the five-year period. The delegation of power shall be tacitly extended for periods of an identical duration, unless the European Parliament or the Council opposes such extension no later than 3 months before the end of each period.

2. The power to adopt delegated acts referred to in Article 5(5), Article 6(4), Article 6(6), Article 7(9), Article 7(10), Article 7(11), Article 8(5), Article 22(4), Article 26(16) and Article 57(3) shall be conferred on the Commission for a period of five years from date of entry into force of this Regulation. The Commission shall draw up a report in respect of the delegation of power no later than nine months before the end of the five-year period. The delegation of power shall be tacitly extended for periods of an identical duration, unless the European Parliament or the Council opposes such extension no later than 3 months before the end of each period.

Or. fr

Amendment 99

Proposal for a regulation

Article 62 – paragraph 1

Text proposed by the Commission

Amendment

1. By [OP: Please insert the date = 24 months after the date of entry into force of this Regulation], Member States shall lay down the rules on penalties applicable to infringements of this Regulation and shall take all measures necessary to ensure that they are implemented. The penalties provided for shall be effective, proportionate and dissuasive. Failure to comply with the requirements of Articles 21 to 26 shall be sanctioned by an administrative fine imposed on the relevant economic operator.

1. By [OP: Please insert the date = 36 months after the date of entry into force of this Regulation], Member States shall lay down the rules on penalties applicable to infringements of this Regulation and shall take all measures necessary to ensure that they are implemented. The penalties provided for shall be effective, proportionate and dissuasive. Failure to comply with the requirements of Articles 21 to 26 shall be sanctioned by an administrative fine imposed on the relevant economic operator.

Or. fr

Amendment 100

Proposal for a regulation

Article 65 – paragraph 2

Text proposed by the Commission

Amendment

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

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

Or. fr

Amendment 101

Proposal for a regulation

Annex I – paragraph 6

Text proposed by the Commission

Amendment

Flower pots intended to be used only for the selling and transporting of plants and not intended to stay with the plant throughout its life time

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

Or. fr

Amendment 102

Proposal for a regulation

Annex I – paragraph 15

Text proposed by the Commission

Amendment

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

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

Or. fr

Amendment 103

Proposal for a regulation

Annex I – paragraph 31

Text proposed by the Commission

Amendment

Plastic foil for cleaned clothes in laundries

deleted

Or. fr

Amendment 104

Proposal for a regulation

Annex I – paragraph 36 a (new)

Text proposed by the Commission

Amendment

Plastic foil for cleaned clothes in laundries

Or. fr

Amendment 105

Proposal for a regulation

Annex IV – Part I – point 5

Text proposed by the Commission

Amendment

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

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

Or. fr

Amendment 106

Proposal for a regulation

Annex IV – Part I – point 7 a (new)

Text proposed by the Commission

Amendment

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

Or. fr