Sittings · Document

OPINION (COM(2022)0677 – C90400/2022 – 2022/0396(COD)) 2023-07-19

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 Industry, Research and Energy · Rapporteur: Patrizia Toia

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SHORT JUSTIFICATION

On the date that the draft opinion was tabled, the competences of the ITRE Committee were not yet clear. It may therefore be necessary to revise some of the proposals or to supplement them further.

The ITRE rapporteur’s proposals

Innovative packaging – the rapporteur proposes that the definition be tightened and that the derogation from recyclability obligations be extended from the five years proposed by the Commission to seven years.

Free movement – to prevent the fragmentation of the single market that this proposal for a Regulation seeks to create, individual Member States should not be able to introduce additional packaging labelling requirements.

Delegation of powers to the Commission – the proposal for a regulation delegates power to the Commission on a number of multi-faceted aspects. The rapporteur believes that European standardisation bodies (CEN) should be tasked with setting the design for recycling criteria. By contrast, the co-legislators should revise the restrictions on the uses of certain packaging and, therefore, the ordinary legislative procedure should be applied for that task.

Recycled content requirements – while the rapporteur agrees with the level of ambition set in the Commission proposal and the proposed recycled content targets, businesses must be given not only clarity on how long it will take for technical and secondary legislation and common standards to be established, but also a clear timeframe within which they will be expected to comply with the recycled content targets. The rapporteur therefore proposes that deadlines be introduced for the adoption of delegated and implementing acts and CEN standards, and that companies be given five years to comply with them.

Secondly, the rapporteur takes the view that recycled content requirements should be set as an average of the entire portfolio of each producer rather than on the individual packaging unit, and that non-structural packaging elements, such as adhesives, inks and coatings, should not be subject to those requirements.

Lastly, preference systems in access to recycled material should be introduced for operators who have to meet recycled content requirements for the packaging that they place on the market.

Infrastructure – as it stands, it is not possible for all sorting infrastructure for packaging waste everywhere to sort all types of packaging, even for some of the types for which the Commission proposal is proposing recycled content requirements. Investment in infrastructure development therefore needs to be stepped up. What is more, it is important to ensure that contributions paid by operators under extended producer responsibility schemes are channelled primarily into the development of collection, sorting and recycling infrastructure.

Packaging forum – the rapporteur is calling for the establishment of a consultative forum in which Member States’ representatives and all relevant stakeholders can participate in a balanced manner and in which they can help to shape the delegated and implementing acts. This idea mirrors what the Commission itself proposed in the proposal for an ecodesign regulation.

Restrictions on the uses of certain packaging formats – the rapporteur believes that some of the restrictions proposed by the Commission would not necessarily have environmental benefits and that they concern products that are currently recyclable and recycled and should therefore be removed.

Re-use targets – the rapporteur agrees with the overall structure of the Commission proposal and acknowledges the value that reusing certain packaging could have in some sectors and applications. However, more ambitious reuse targets for 2040 should only be set once a thorough life-cycle analysis of the solutions available has been carried out, taking account of health, hygiene and safety requirements.

Application of the re-use targets set for 2030 should also be subject to a prior analysis of that kind and be limited to Member States that have not achieved 90 % separate collection.

The rapporteur welcomes the derogation introduced by the Commission for operators with a sales area of no more than 100 m², including storage and shipping areas, but believes that, to better reflect small businesses’ circumstances, that figure should be increased to 200 m².

Separate collection and deposit and return schemes – with a view to ensuring that recycled material is available for use in other packaging, the rapporteur proposes that a separate collection target of 90 % of all packaging waste be introduced for 2030. Similarly, the requisite collection infrastructure should be established both in public spaces and at final distributors’ premises. Deposit schemes are a tool available to Member States to help them to meet the separate collection and recycling targets.

AMENDMENTS

The Committee on Industry, Research and Energy 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 44

Text proposed by the Commission

Amendment

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

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

Amendment 2

Proposal for a regulation

Recital 45

Text proposed by the Commission

Amendment

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

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

Amendment 3

Proposal for a regulation

Recital 46

Text proposed by the Commission

Amendment

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

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

Amendment 4

Proposal for a regulation

Recital 70

Text proposed by the Commission

Amendment

(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. 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.

(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. The power to adopt acts in accordance with Article 290 of the Treaty should be delegated to the Commission to lay down further exemptions for other economic operators.

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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).

Amendment 5

Proposal for a regulation

Recital 137

Text proposed by the Commission

Amendment

(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.

(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 and micro-enterprises 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 and micro-enterprises.

Amendment 6

Proposal for a regulation

Article 3 – paragraph 1 – point 18 a (new)

Text proposed by the Commission

Amendment

(18a) ‘plastic packaging’ means a packaging that is wholly or predominantly made of plastic;

Amendment 7

Proposal for a regulation

Article 3 – paragraph 1 – point 37

Text proposed by the Commission

Amendment

(37) ‘innovative packaging’ means a form of packaging that is manufactured using new materials, design or production processes, resulting in a significant improvement in the functions of packaging, such as containment, protection, handling, delivery or presentation of products, and in demonstrable environmental benefits, with the exception of packaging that is the result of modification of existing packaging for the sole purpose of improved presentation of products and marketing;

(37) ‘innovative packaging’ means packaging that is manufactured using new and innovative materials or polymers, design or production processes, resulting in a significant improvement in the functions of packaging, such as containment, protection, handling, delivery of products, and in demonstrable environmental benefits, such as in end-of-life treatment, with the exception of packaging that is the result of modification of existing packaging for the sole purpose of improved presentation of products and marketing;

Amendment 8

Proposal for a regulation

Article 4 – paragraph 4

Text proposed by the Commission

Amendment

4. In case Member States choose to maintain or introduce national sustainability requirements or information requirements additional to those laid down in this Regulation, those requirements shall not conflict with those laid down in this Regulation and the Member States shall not prohibit, restrict or impede the placing on the market of packaging that complies with the requirements under this Regulation for reasons of non-compliance with those national requirements.

4. Member States shall not prohibit, restrict or impede the placing on the market of packaging that complies with the requirements under this Regulation for reasons of non-compliance with national requirements.

Amendment 9

Proposal for a regulation

Article 4 – paragraph 5

Text proposed by the Commission

Amendment

5. In addition to the labelling requirements laid down in Article 11, Member States may provide for further labelling requirements, for the purpose of identifying the extended producer responsibility scheme or a deposit and return system other than those referred to in Article 44(1).

5. In addition to the labelling requirements laid down in Article 11, Member States may provide for further labelling requirements, for the purpose of identifying a deposit and return system other than those referred to in Article 44(1).

Amendment 10

Proposal for a regulation

Article 4 – paragraph 6 a (new)

Text proposed by the Commission

Amendment

6a. Medicinal products, as defined in Article 1, point (2) of Directive 2001/83/EC, that have been lawfully placed on the market before the date of application referred to in Article 65 of this Regulation or the date of entry into force of specific measures, and that have not been repackaged or relabeled after these dates, may be further made available on the market until their expiry date without being required to comply with the specific rules laid down in Articles 6, 7, 11 and 13.

Amendment 11

Proposal for a regulation

Article 6 – paragraph 1

Text proposed by the Commission

Amendment

1. All packaging shall be recyclable.

1. All packaging shall be recyclable in accordance with paragraph 2 of this article.

Amendment 12

Proposal for a regulation

Article 6 – paragraph 2 – subparagraph 2

Text proposed by the Commission

Amendment

Point (a) shall apply from 1 January 2030 and point (e) shall apply from 1 January 2035.

Point (a) shall apply 5 years after the date of entry into force of the delegated act referred to in paragraph 4 and no earlier than 1 January 2030. Point (e) shall apply 5 years after the date of entry into force of the delegated act referred to in paragraph 6 and no earlier than 5 years after the application of point (a).

Amendment 13

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).

3. Five years after the publication in the Official Journal of the European Union of the harmonised standard developed by CEN-European Committee for Standardisation referred to in paragraph 4 and no earlier than 1 January 2030, recyclable packaging shall comply with the design for recycling criteria as laid down in that harmonised standard. Five years after the publication in the Official Journal of the European Union of the harmonised standard developed by CEN-European Committee for Standardisation referred to in paragraph 6 and no earlier than 5 years after the application of point (a) of paragraph 2, recyclable packaging shall also comply with the recyclability at scale requirements as laid down in that harmonised standard. Where such packaging complies with those standards, it shall be considered to comply with paragraph 2, points (a) and (e).

Amendment 14

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.

The Commission shall request the CEN-European Committee for Standardisation, to develop, at the latest by 31 December 2025, harmonised standards 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. From the date of publication of the references to harmonised standards in the Official Journal of the European Union, packaging which is in conformity with those standards shall be presumed to be in conformity with the requirement laid down in paragraph 1.

The Commission is empowered to adopt delegated acts in accordance with Article 58 to supplement this Regulation in order to establish 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.

Amendment 15

Proposal for a regulation

Article 6 – paragraph 4 – subparagraph 2

Text proposed by the Commission

Amendment

The Commission is empowered to adopt delegated acts in accordance with Article 58 to amend Table 1 of Annex in order to adapt it to scientific and technical development in material and product design, collection, sorting and recycling infrastructure.

The Commission is empowered, in close cooperation with stakeholders, to adopt delegated acts in accordance with Article 58 to amend Table 1 of Annex II in order to adapt it to scientific and technical development in material and product design, collection, sorting and recycling infrastructure.

Amendment 16

Proposal for a regulation

Article 6 – paragraph 5 – subparagraph 1

Text proposed by the Commission

Amendment

From 1 January 2030, packaging shall not be considered recyclable if it corresponds to performance grade E under the design for recycling criteria established in the delegated act adopted pursuant to paragraph 4 for the packaging category, to which the packaging belongs.

Five years after the publication in the Official Journal of the European Union of the harmonised standard developed by CEN-European Committee for Standardisation laying down design for recycling criteria pursuant to paragraph 4 and no earlier than 1 January 2030, packaging shall not be considered recyclable if it corresponds to performance grade E under the design for recycling criteria established in those standards for the packaging category, to which the packaging belongs.

Amendment 17

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. The Commission is empowered to adopt delegated acts in accordance with Article 58 to supplement this Regulation in order to establish for each packaging type listed in Table 1 of Annex II, the methodology to assess if packaging is recyclable at scale. That methodology shall be based at least on the following elements:

Amendment 18

Proposal for a regulation

Article 6 – paragraph 7 a (new)

Text proposed by the Commission

Amendment

7a. Where proven environmentally beneficial and technically feasible, Member States shall, especially through design of schemes established in compliance with Art. 40 and 44, prioritise recycling of packaging in closed material loops, whereby producers obliged to meet recycled content targets shall benefit from preferential access to the material derived from the recycled packaging.

Amendment 19

Proposal for a regulation

Article 6 – paragraph 9 – subparagraph 1

Text proposed by the Commission

Amendment

From 1 January 2030, and by way of derogation from paragraphs 2 and 3, innovative packaging may be placed on the market for a maximum period of 5 years after the end of the calendar year when it has been placed on the market.

From 1 January 2030, and by way of derogation from the requirements of this article, innovative packaging may be placed on the market for a maximum period of 5 years after the end of the calendar year when it has been placed on the market.

Amendment 20

Proposal for a regulation

Article 6 – paragraph 9 – subparagraph 2

Text proposed by the Commission

Amendment

Where use is made of this derogation, innovative packaging shall be accompanied by technical documentation, referred to in Annex VII, demonstrating its innovative nature and showing compliance with the definition in Article 3(34) of this Regulation.

Amendment 21

Proposal for a regulation

Article 6 – paragraph 9 – subparagraph 3

Text proposed by the Commission

Amendment

After the period referred to in the first sub-paragraph, such packaging shall be accompanied by the technical documentation referred to in paragraph 8.

Member States shall continuously aim to improve collection and sorting infrastructures for innovative packaging with expected environmental benefits.

Amendment 22

Proposal for a regulation

Article 6 – paragraph 10 – point c a (new)

Text proposed by the Commission

Amendment

(ca) any reusable transport packaging placed on the market prior to the date of application of this Regulation.

Amendment 23

Proposal for a regulation

Article 6 – paragraph 11

Text proposed by the Commission

Amendment

11. The financial contributions to be paid by producers to comply with their extended producer responsibility obligations as referred to in Article 40 shall be modulated on the basis of the recyclability performance grade, as determined in accordance with the CEN Standards referred to in paragraphs 4 and 6 of this Article and, as regards plastic packaging, also in accordance with the Article 7(6). Financial contributions shall be earmarked to finance the net cost of collection and sorting infrastructures of the packaging type it is paid for, following the types set in Annex II, Table 1.

Amendment 24

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, plastic packaging shall contain the following minimum percentage of recycled content recovered from post-consumer plastic waste. Targets shall be calculated as an average of the plastic packaging placed by a producer on the Union market.

Amendment 25

Proposal for a regulation

Article 7 – paragraph 1 – point a

Text proposed by the Commission

Amendment

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

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

Amendment 26

Proposal for a regulation

Article 7 – paragraph 1 – point b

Text proposed by the Commission

Amendment

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

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

Amendment 27

Proposal for a regulation

Article 7 – paragraph 1 – point d

Text proposed by the Commission

Amendment

(d) 35 % for packaging other than those referred to in points (a), (b) and (c).

(d) 35 % for plastic packaging other than those referred to in points (a), (b) and (c).

Amendment 28

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, plastic packaging shall contain the following minimum percentage of recycled content recovered from post-consumer plastic waste. Targets shall be calculated as an average of the plastic packaging placed by a producer on the Union market.

Amendment 29

Proposal for a regulation

Article 7 – paragraph 4 a (new)

Text proposed by the Commission

Amendment

4a. Member States shall ensure that comprehensive collection and sorting infrastructures are in place to guarantee the availability of recycled content.

Amendment 30

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 2025, 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, as an average of plastic packaging placed by a producer on the Union market, 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).

Amendment 31

Proposal for a regulation

Article 7 – paragraph 8

Text proposed by the Commission

Amendment

8. As of 1 January 2029, the calculation and verification of the percentage of recycled content contained in packaging under paragraph 1 shall comply with the rules laid down in the implementing act referred to in paragraph 7.

8. As of 1 January 2029, the calculation and verification of the percentage of recycled content contained in plastic packaging under paragraph 1 shall comply with the rules laid down in the implementing act referred to in paragraph 7.

Amendment 32

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 31 December 2025, 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 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.

Amendment 33

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,

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

Amendment 34

Proposal for a regulation

Article 7 – paragraph 11 a (new)

Text proposed by the Commission

Amendment

11a. By 31 December 2025, the Commission shall assess the possibility to introduce recycled biobased feedstock targets for plastic packaging, considering their potential contribution to meet the targets set out in Article 7(1) and (2);

Amendment 35

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, in line with the EN 13432 standard “Packaging - Requirements for packaging recoverable through composting and biodegradation - Test scheme and evaluation criteria for the final acceptance of packaging”.

Amendment 36

Proposal for a regulation

Article 8 – paragraph 2

Text proposed by the Commission

Amendment

2. Where appropriate waste collection schemes and waste treatment infrastructure are available to ensure that packaging referred to in paragraph 1 enters the organic waste management stream, Member States are empowered to require that lightweight plastic carrier bags shall be made available on their market for the first time only if it can be demonstrated that those lightweight plastic carrier bags have been entirely manufactured from biodegradable plastic polymers, which are compostable in industrially controlled conditions.

2. Where appropriate waste collection schemes and waste treatment infrastructure are available to ensure that compostable packaging enters the organic waste management stream, Member States are empowered to require that lightweight plastic carrier bags, and any other packaging compliant with the requirements listed in Annex III, shall be made available on their market for the first time only if it can be demonstrated that those lightweight plastic carrier bags and other packaging are compostable in industrially controlled conditions.

Amendment 37

Proposal for a regulation

Article 8 – paragraph 3

Text proposed by the Commission

Amendment

3. By [OP: Please insert the date = 24 months from the date of entry into force of this Regulation], packaging other than that referred to in paragraphs 1 and 2, including packaging made of biodegradable plastic polymers, shall allow material recycling without affecting the recyclability of other waste streams.

3. By [OP: Please insert the date = 24 months from the date of entry into force of this Regulation], compostable packaging other than that referred to in paragraphs 1 and 2 and labelled as compostable may be placed on the market if compliant with criteria listed in Annex III.

Amendment 38

Proposal for a regulation

Article 8 – paragraph 5

Text proposed by the Commission

Amendment

5. The Commission shall be empowered to adopt delegated acts in accordance with Article 58 to amend paragraphs 1 and 2 of this Article by adding other types of packaging to the types of packaging covered by those paragraphs when it is justified and appropriate due to technological and regulatory developments impacting the disposal of compostable packaging and under the conditions set out in Annex III.

deleted

Amendment 39

Proposal for a regulation

Article 8 – paragraph 5 a (new)

Text proposed by the Commission

Amendment

5a. The Commission shall, no later than 31 December 2025, request the European standardisation organisations to update the harmonised standard on the requirements for packaging recoverable through composting and biodegradation - test schemes and evaluation criteria. This standard shall consider, in line with the scientific and technological developments and the relevant legislation, the proper composting times, quality of the output and admissible levels of visual contamination.

Amendment 40

Proposal for a regulation

Article 8 – paragraph 5 b (new)

Text proposed by the Commission

Amendment

5b. By [OP: Please insert the date = 5 years after the date of entry into force of this Regulation], the Commission shall assess the possibility to add other types of packaging to the types of packaging covered by paragraphs 1 and 2 when it is justified and appropriate due to technological and regulatory developments impacting the disposal of compostable packaging and under the conditions set out in Annex III. To that end, the Commission shall submit a report to the European Parliament and to the Council, accompanied, if appropriate, by a legislative proposal.

Amendment 41

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.

Packaging placed on the market from 30 months after the adoption of the implementing acts referred to in paragraphs 5 and 6 shall be marked with a harmonized label containing information on the destination of each separate component of the packaging, in order to facilitate uniform and intelligible information as well as consumer sorting. This obligation does not apply to transport packaging nor to packaging covered by a deposit or return system. However, it applies to e-commerce packaging.

Amendment 42

Proposal for a regulation

Article 11 – paragraph 1 – subparagraph 2

Text proposed by the Commission

Amendment

Packaging subject to deposit and return systems referred to in Article 44(1) shall, in addition to the labelling referred to in the first subparagraph, be marked with a harmonised label established in the relevant implementing act adopted pursuant to paragraph 5.

Packaging subject to deposit and return systems referred to in Article 44(1) shall be marked with a harmonised label established in the relevant implementing act adopted pursuant to paragraph 5.

Amendment 43

Proposal for a regulation

Article 11 – paragraph 2

Text proposed by the Commission

Amendment

2. From [OP: Please insert the date = 48 months after the date of entry into force of this Regulation], packaging shall bear a label on packaging reusability and a QR code or other type of digital data carrier that provides further information on packaging reusability including the availability of a system for re-use and of collection points, and that facilitates the tracking of the packaging and the calculation of trips and rotations. In addition, reusable sales packaging shall be clearly identified and distinguished from single use packaging at the point of sale.

2. Reusable packaging placed on the market from 36 months after the adoption of the implementing acts referred to in paragraph 5 shall bear a label on packaging reusability and a QR code or other type of digital data carrier that provides further information on packaging reusability including the availability of a system for re-use and of collection points, and that facilitates the tracking of the packaging and the calculation of trips and rotations. In addition, reusable sales packaging shall be clearly identified and distinguished from single use packaging at the point of sale.

Amendment 44

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 referred to in paragraphs 1 to 3 and the QR code or other type of digital data carrier referred to in paragraph 2 shall be placed, printed or engraved visibly, clearly legibly and firmly on the packaging, so that it cannot be easily erased. Where this is not possible or not warranted on account of the nature and size of the packaging, they shall be affixed to the grouped packaging.

Where this is not possible or not warranted on account of the nature and size of the packaging or where it is relevant to provide for non-discriminatory access to information from vulnerable groups, particularly visually impaired persons, labels referred to in paragraphs 1 and 3 shall be provided via a single electronically readable code or other type of data carrier.

Amendment 45

Proposal for a regulation

Article 11 – paragraph 4 – subparagraph 2

Text proposed by the Commission

Amendment

Where Union legislation requires information on the packaged product to be provided via a data carrier, a single data carrier shall be used for providing the information required for both the packaged product and the packaging. This data carrier may include further information, such as material composition and the presence of substances of concern, but shall not include information for selling or marketing purposes.

Amendment 46

Proposal for a regulation

Article 11 – paragraph 5

Text proposed by the Commission

Amendment

5. By [OP: Please insert the date = 18 months after the date of entry into force of this Regulation], the Commission shall adopt implementing acts to establish a harmonised label and specifications for the labelling requirements and formats for the labelling of packaging referred to in paragraphs 1 to 3 and the labelling of waste receptacles referred to in Article 12. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 59(3).

5. By [OP: Please insert the date = 12 months after the date of entry into force of this Regulation], the Commission shall adopt implementing acts to establish a harmonised label and specifications for the labelling requirements and formats for the labelling of packaging referred to in paragraphs 1 to 3 and the labelling of waste receptacles referred to in Article 12. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 59(3).

Amendment 47

Proposal for a regulation

Article 11 – paragraph 6

Text proposed by the Commission

Amendment

6. By [OP: Please insert the date = 24 months after the date of entry into force of this Regulation], the Commission shall adopt implementing acts to establish the methodology for identifying the material composition of packaging referred to in paragraph 1 by means of digital marking technologies. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 59(3).

6. By [OP: Please insert the date = 18 months after the date of entry into force of this Regulation], the Commission shall adopt implementing acts to establish the methodology for identifying each separate component of packaging referred to in paragraph 1 by means of digital marking technologies. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 59(3).

Amendment 48

Proposal for a regulation

Article 11 – paragraph 7

Text proposed by the Commission

Amendment

7. Without prejudice to requirements concerning other harmonised EU labels, economic operators shall not provide or display labels, marks, symbols or inscriptions that are likely to mislead or confuse consumers or other end users with respect to the sustainability requirements for packaging, other packaging characteristics or packaging waste management options, for which harmonised labelling has been laid down in this Regulation. From [OP: Please insert the date = 24 months after the entry into force of this Regulation] the Commission shall adopt guidance regarding aspects that are likely to mislead or confuse consumers or other end users.

Amendment 49

Proposal for a regulation

Article 11 – paragraph 8

Text proposed by the Commission

Amendment

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

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

Amendment 50

Proposal for a regulation

Article 12 a (new)

Text proposed by the Commission

Amendment

Article12a

Packaging Forum

The Commission shall ensure that when it conducts its activities, it observes a balanced participation of Member States’ representatives and all interested parties involved with packaging industry, including waste treatment industry representatives, manufacturers and packaging suppliers, distributers, retailers, importers, SMEs, environmental protection groups and consumer organisations. These parties shall contribute in particular to preparing the delegated and implementing acts provided for in this Regulation to develop and further detail the sustainability requirements and ensure a strong focus on innovative solutions to reduce the environmental impact of packaging and packaging waste, as well as examining the effectiveness of the established market surveillance mechanisms. To that end, the Commission shall establish an expert group, in which those parties shall meet, referred to as the ‘Packaging Forum’.

Amendment 51

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. 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, as an average of all such packaging that the economic operator places on the market per calendar year, the empty space ratio is maximum 40 %.

Amendment 52

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.

Empty spaces are exempted if they occur due the shape of a product, where the minimisation of empty spaces would lead to an increased amount of packaging material.

Amendment 53

Proposal for a regulation

Article 21 – paragraph 3 a (new)

Text proposed by the Commission

Amendment

3a. Economic operators using reusable packaging shall be exempted from the obligation laid down in paragraph 1.

Amendment 54

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.

deleted

Amendment 55

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.

deleted

Amendment 56

Proposal for a regulation

Article 22 – paragraph 4

Text proposed by the Commission

Amendment

4. The Commission shall be empowered to adopt delegated acts in accordance with Article 58 to amend Annex V in order to adapt it to technical and scientific progress with the objective to reducing packaging waste. When adopting those delegated acts, the Commission shall consider the potential of the restrictions on the use of specific packaging formats to reduce the packaging waste generated while ensuring an overall positive environmental impact, and shall take into account the availability of alternative packaging solutions that meet requirements set out in legislation applicable to contact sensitive packaging, as well as their capability to prevent microbiological contamination of the packaged product.

4. By [OP: Please insert the date = 5 years after the date of entry into force of this Regulation], the Commission shall review the restrictions on the use of specific packaging formats to reduce the packaging waste generated while ensuring an overall positive environmental impact, and shall take into account the availability of alternative packaging solutions that meet requirements set out in legislation applicable to contact sensitive packaging, as well as their capability to prevent microbiological contamination of the packaged product. To that end, the Commission shall submit a report to the European Parliament and to the Council, accompanied, if appropriate, by a legislative proposal.

Amendment 57

Proposal for a regulation

Article 26 – paragraph 1

Text proposed by the Commission

Amendment

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.

Amendment 58

Proposal for a regulation

Article 26 – paragraph 1 a (new)

Text proposed by the Commission

Amendment

1a. From 1 January 2030, final distributors with a sales area larger than 400 m2 shall endeavour to create dedicated spaces for refill stations for food and non-food products without prejudice to requirements on health, hygiene and safety.

Amendment 59

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.

Amendment 60

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.

Amendment 61

Proposal for a regulation

Article 26 – paragraph 3 a (new)

Text proposed by the Commission

Amendment

3a. Economic operators shall endeavour to offer end users the possibility to use their own containers to take away beverages or food without prejudice to requirements on health, hygiene and safety.

Amendment 62

Proposal for a regulation

Article 26 – paragraph 4 – 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

Amendment 63

Proposal for a regulation

Article 26 – paragraph 5 – point b

Text proposed by the Commission

Amendment

(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.

deleted

Amendment 64

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

Amendment 65

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

Amendment 66

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

Amendment 67

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

Amendment 68

Proposal for a regulation

Article 26 – paragraph 10 – introductory part

Text proposed by the Commission

Amendment

10. Economic operators using grouped packaging in the form of boxes, excluding cardboard, used outside of sales packaging to group a certain number of products to create a stock-keeping unit shall ensure that:

Amendment 69

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

Amendment 70

Proposal for a regulation

Article 26 – paragraph 12 – subparagraph 1 – introductory part

Text proposed by the Commission

Amendment

Transport packaging used by an economic operator shall be reusable where it is used for transporting products:

By 1 January 2030, 95% of the transport packaging used by an economic operator shall be reusable where it is used for transporting products:

Amendment 71

Proposal for a regulation

Article 26 – paragraph 13 – subparagraph 1

Text proposed by the Commission

Amendment

Economic operators delivering products to another economic operator within the same Member State shall use only reusable transport packaging for the purpose of the transportation of such products.

By 1 January 2030, economic operators delivering products to another economic operator within the same Member State shall use only at least 95% reusable transport packaging for the purpose of the transportation of such products.

Amendment 72

Proposal for a regulation

Article 26 – paragraph 14 – introductory part

Text proposed by the Commission

Amendment

14. Economic operators shall be exempted from the obligation to meet the targets in paragraphs 2 to 10 if, during a calendar year, they:

14. Economic operators shall be exempted from the obligation to meet the targets in paragraphs 1 to 10 if, during a calendar year, they:

Amendment 73

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.

15. Economic operators shall be exempted from the obligation to meet the targets in this Article if:

a) they have a sales area of not more than 200 m2, including also all storage and dispatch areas;

b) reuse is not the option that delivers the best overall environmental outcome on the basis of a life cycle assessment, in line with the waste hierarchy as defined in article 4 of Directive 2008/98/EC, and without prejudice to requirements on health, hygiene and safety.

Amendment 74

Proposal for a regulation

Article 26 – paragraph 15 a (new)

Text proposed by the Commission

Amendment

15a. Economic operators shall be exempted from the obligation under this Article if the rate of separate collection as required under Article 43(3), (4) (4b) of the respective packaging material as reported to the Commission under Article 50(1) point (c) is above 85% by weight of such packaging placed on the market on the territory of the Member State in which they operate in the calendar years 2026 and 2027.

Where such reporting shows that the rate of separate collection of the respective packaging material is below 85%, the Member State submits an implementation plan showing a strategy with concrete actions, including timeline that ensure the achievement of the 85% separate collection rate by weight of the respective packaging material within two years

Amendment 75

Proposal for a regulation

Article 26 – paragraph 16 – point a

Text proposed by the Commission

Amendment

(a) targets for other products than those covered by paragraphs 1 to 6 of this Article and other packaging formats than those in paragraphs 7 to 10, based on the positive experiences with measures taken by Member States under Article 45(2),

deleted

Amendment 76

Proposal for a regulation

Article 26 – paragraph 16 – point c

Text proposed by the Commission

Amendment

(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

Amendment 77

Proposal for a regulation

Article 26 – paragraph 16 – point c a (new)

Text proposed by the Commission

Amendment

(ca) requirements for the preparation of a life cycle assessment to justify an exemption under paragraph 15, point b.

Amendment 78

Proposal for a regulation

Article 26 – paragraph 17

Text proposed by the Commission

Amendment

17. By [OP: Please insert the date = 8 years after the date of entry into force of this Regulation], the Commission shall review the situation regarding reuse of packaging and, on this basis, assess the appropriateness of establishing measures, reviewing the targets laid down in this Article, and setting new targets for the reuse and refill of packaging, and where necessary present a legislative proposal.

17. By [OP: Please insert the date = 8 years after the date of entry into force of this Regulation], the Commission shall assess the impact of the packaging reuse targets and, on this basis, assess the need for new measures, reviewing the targets laid down in this Article. To that end, the Commission shall submit a report to the European Parliament and to the Council, accompanied, if appropriate, by a legislative proposal.

Amendment 79

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. By 1 January 2029 Member States shall ensure that systems and infrastructures are set up to provide for the return and separate collection of all packaging waste from the end users for each packaging format listed in Table 1 of Annex II placed on the market in a given year 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.

Amendment 80

Proposal for a regulation

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

Text proposed by the Commission

Amendment

(ca) be open to data access, regarding the reporting in weight and cost of management of packaging waste flows, up to date and provided by means of:

(i) a website or other means of electronic communication, in the official language of the concerned Member State;

(ii) public reports in the official language of the concerned Member State.

Point (ca) should be without prejudice to commercially sensitive information or data protection laws.

Amendment 81

Proposal for a regulation

Article 43 – paragraph 3 a (new)

Text proposed by the Commission

Amendment

3a. By 1 January 2029, the final distributor making available on the market food and beverages filled and consumed within the premises in the HORECA sector shall ensure that separate collection systems are set up for the different fractions of packaging waste materials, to help the consumer sort packaging waste.

Amendment 82

Proposal for a regulation

Article 43 – paragraph 3 b (new)

Text proposed by the Commission

Amendment

3b. By 1 January 2029, Member states shall ensure that, in public spaces, separate collection systems are set up for the different fractions of packaging waste materials.

Amendment 83

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. The systems referred to in article 43, paragraph 1 may take the form of a deposit and return systems are set up for:

Amendment 84

Proposal for a regulation

Article 44 – paragraph 1 – point a

Text proposed by the Commission

Amendment

(a) single use plastic beverage bottles with the capacity of up to three litres; and

(a) single use plastic beverage bottles with the capacity of 0,1 litre up to three litres; and

Amendment 85

Proposal for a regulation

Article 44 – paragraph 1 – point b

Text proposed by the Commission

Amendment

(b) single use metal beverage containers with a capacity of up to three litres.

(b) single use metal beverage containers with a capacity of 0,1 litre up to three litres;

Amendment 86

Proposal for a regulation

Article 44 – paragraph 1 – point b a (new)

Text proposed by the Commission

Amendment

(ba) single use glass beverage bottles;

Amendment 87

Proposal for a regulation

Article 44 – paragraph 1 – point b b (new)

Text proposed by the Commission

Amendment

(bb) beverage cartons; and

Amendment 88

Proposal for a regulation

Article 44 – paragraph 1 – point b c (new)

Text proposed by the Commission

Amendment

(bc) reusable packaging, where technically and economically feasible.

Amendment 89

Proposal for a regulation

Article 44 – paragraph 2

Text proposed by the Commission

Amendment

2. The obligation laid down in paragraph 1 does not apply to packaging for:

deleted

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

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

Amendment 90

Proposal for a regulation

Article 44 – paragraph 3

Text proposed by the Commission

Amendment

3. Without prejudice to paragraph 1 of this Article, a Member State will be exempted from the obligation under paragraph 1 under the following conditions:

deleted

(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;

(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.

Amendment 91

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

Amendment 92

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

Amendment 93

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

Amendment 94

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 2028, Member States shall ensure that all existing and future deposit and return systems meet the minimum criteria listed in Annex X and ensure equal and fair access to vulnerable end-users, particularly disabled persons.

Amendment 95

Proposal for a regulation

Annex V

Text proposed by the Commission

RESTRICTIONS ON USE OF PACKAGING FORMATS

Packaging format

Restricted use

Illustrative example

Single-use plastic grouped packaging

Plastic packaging used at retail level to group goods sold in cans, tins, pots, tubs, and packets designed as convenience packaging to enable or encourage end users to purchase more than one product. This excludes grouped packaging necessary to facilitate handling in distribution.

Collation films, shrink wrap

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

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

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

Single use hotel miniature packaging

For cosmetics, hygiene and toiletry products of less than 50 ml for liquid products or less than 100 g for non-liquid products

Shampoo bottles, hand and body lotion bottles, sachets around miniature bar soap

Amendment

Packaging format

Restricted use

Illustrative example

Single-use plastic grouped packaging

Collation films, shrink wrap

deleted

Single use hotel miniature packaging

For cosmetics, hygiene and toiletry products of less than 50 ml for liquid products or less than 100 g for non-liquid products

Shampoo bottles, hand and body lotion bottles, sachets around miniature bar soap

ANNEX: LIST OF ENTITIES OR PERSONS FROM WHOM THE RAPPORTEUR HAS RECEIVED INPUT

The following list is drawn up on a purely voluntary basis under the exclusive responsibility of the rapporteur. The rapporteur has received input from the following entities or persons in the preparation of the draft report:

Entity and/or person

360° Foodservice

A.I.S.E - European association representing cleaning, detergents and household maintenance products

AB InBev

ACE - The alliance for beverage cartons and the environment

AIM - European Brands Association

ALDI Nord

Alleanza delle Cooperative Italiane

ALPLA - Werke Alwin Lehner GmbH & Co KG

Amazon

APEAL - Association of European Producers of Steel for Packaging

APPLiA - Home Appliance Europe

Ball Beverage Packaging Europe

BDE - Bundesverband der Deutschen Entsorgungs-, Wasser- und Kreislaufwirtschaft e. V.

Beam Suntory

BGVZ - Bund Getränkeverpackungen der Zukunft

Braskem

Brown-Forman

Carbios

CEEV - Comité Européen des Entreprises Vins

CEFLEX - The Circular Economy for Flexible Packaging

Cerame-Unie

CITEO - French organisation in charge of recycling household packaging and graphic paper

Coldiretti

CONAI - Consorzio Nazionale Imballaggi

Confagricoltura

Confartigianato

Confcommercio

CONFIDA - Confederazione Italiana Distribuzione Automatica

Confindustria

Confindustria Lecco e Sondrio

Danone

DIGITALEUROPE

DOW Inc.

EAFA - European Aluminium Foil Association

Eastman Chemical Company

ECCIA - European Cultural and Creative Industries Alliance

ECF - European Coffee Federation

Ecommerce Europe

EDA - European Dairy Association

EDANA - nonwovens and related industries

EEB - European Environment Bureau

EGMF - European Garden Machinery industry Federation

EGUALIA - Industrie farmaci accessibili

EPPA - European Paper Packaging Alliance

EUBP - European Bioplastics

EuPC - European Plastics Converters

EURIC - European Recycling Industries' Confederation

Europen - European Organisation for Packaging and the Environment

Farmindustria

FEAD - European Waste Management Association

Federalimentare - Federazione Italiana dell’Industria Alimentare

Federazione Carta e Grafica

Federdistribuzione

Federvini - Federazione Italiana Industriali Produttori, Esportatori ed Importatori

di Vini, Acquaviti, Liquori, Sciroppi, Aceti ed affini

FEFCO - European Federation of Corrugated Board Manufacturers

FEICA - Association of the European Adhesive & Sealant Industry

FEVE - European Container Glass Federation

Flexible Packaging Initiative (Ferrero, Mars, Mondelez, Nestlé, Pepsico, Unilever)

Fondazione per lo Sviluppo Sostenibile

Foodanddrink Europe

FPE - Flexible Packaging Europe

GIFLEX - Gruppo Imballaggio Flessibile

Guala Closures S.p.A.

HOTREC - Association of Hotels, Restaurants, Pubs and Cafes and similar establishments in Europe

Huhtamaki - Food packaging supplies and materials

Innocent drinks

JACOBS DOUWE EGBERTS (JDE) PEET’S

Kemira

KST - Keep Sweden Tidy

LEGO Group

LVMH - Louis Vuitton Moët Hennessy

McDonald's

Medicines for Europe

MedTech Europe

Metal Packaging Europe

Metsä

Municipal Waste Europe

Natural Mineral Waters Europe

Neste

Nestlé Italiana S.p.A.

Novamont

PaperFoam

PCEP - Polyolefin Circular Economy Platform

PepsiCo

Plastics Europe

Plastics Recyclers Europe

Polymateria Limited

PortionPack Group

Procter & Gamble

Profood

RCTP - Roundtable for reusable containers trays and pallets

Reloop

Rethink Plastic Alliance - alliance of leading European NGOs

RPE - Reusable Packaging Europe

Schwarz Group

SEFA - European association of steel drum manufacturers

SFIF - Swedish Forest Industries Federation

Stora Enso

Sulapac Ltd

Syctom - public service in charge of household waste management

Tetra Pack & Alliance for Beverage Cartons and the Environment

The Minderoo Foundation

THIE - Tea & Herbal Infusions Europe

TIE - Toy Industries of Europe

TOMRA

UNESDA - Soft Drink Europe

UNILEVER

Unione Italiana Food

Unionplast - Federazione Gomma Plastica

UPM - The Biofore Company

Utilitalia - Federazione Utilities

VDMA - Machinery and Equipment Manufacturers Association

Versalis S.p.A.

PROCEDURE – COMMITTEE ASKED FOR OPINION

Title

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

References

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

Committee responsible

Date announced in plenary

ENVI

13.3.2023

Opinion by

Date announced in plenary

ITRE

13.3.2023

Associated committees - date announced in plenary

15.6.2023

Rapporteur for the opinion

Date appointed

Patrizia Toia

25.1.2023

Discussed in committee

23.5.2023

Date adopted

19.7.2023

Result of final vote

–:

Members present for the final vote

Nicola Beer, François-Xavier Bellamy, Hildegard Bentele, Vasile Blaga, Michael Bloss, Paolo Borchia, Cristian-Silviu Buşoi, Jerzy Buzek, Maria da Graça Carvalho, Ignazio Corrao, Beatrice Covassi, Nicola Danti, Marie Dauchy, Pilar del Castillo Vera, Martina Dlabajová, Christian Ehler, Valter Flego, Niels Fuglsang, Jens Geier, Nicolás González Casares, Christophe Grudler, Henrike Hahn, Robert Hajšel, Ivo Hristov, Ivars Ijabs, Romana Jerković, Seán Kelly, Zdzisław Krasnodębski, Andrius Kubilius, Thierry Mariani, Marisa Matias, Marina Mesure, Dan Nica, Niklas Nienass, Ville Niinistö, Johan Nissinen, Mauri Pekkarinen, Tsvetelina Penkova, Morten Petersen, Markus Pieper, Manuela Ripa, Robert Roos, Sara Skyttedal, Maria Spyraki, Grzegorz Tobiszowski, Patrizia Toia, Henna Virkkunen, Pernille Weiss, Carlos Zorrinho

Substitutes present for the final vote

Damian Boeselager, Franc Bogovič, Francesca Donato, Matthias Ecke, Ladislav Ilčić, Elena Lizzi, Dace Melbārde, Jutta Paulus, Massimiliano Salini, Jordi Solé, Susana Solís Pérez, Ivan Štefanec, Nils Torvalds, Emma Wiesner

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

Rosanna Conte, Arnaud Danjean, César Luena, Nicola Procaccini, Elżbieta Rafalska, Antonio Maria Rinaldi, Daniela Rondinelli, Nacho Sánchez Amor, Edina Tóth

FINAL VOTE BY ROLL CALL IN COMMITTEE ASKED FOR OPINION

Key to symbols: