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

On the proposal for a regulation of the European Parliament and of the Council on Packaging and packaging waste, amending Regulation (EU) 2019/1020 and Directive (EU) 2019/904, and repealing Directive 94/62/EC

ITRE-PA-746712

Committee on Industry, Research and Energy · Rapporteur: Patrizia Toia

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The Committee on Industry, Research and Energy's draft opinion asks the environment committee to take its amendments into account on the proposed packaging and packaging waste regulation. It proposes that the Commission request CEN to set design-for-recycling criteria, with deadlines for delegated and implementing acts and five years for companies to comply. It wants recycled content measured as an average of a producer's portfolio, not per unit, with preferential access to recycled material and earmarked fees. It seeks a 90% separate collection target for 2030, optional deposit and return systems, and investment in collection and sorting infrastructure. It would delete restrictions on certain packaging formats, remove 2040 re-use targets pending life-cycle analysis, and raise the small-business exemption to 200 m².

Committee position. The rapporteur proposes that the ITRE Committee call on the environment committee to take into account amendments that tighten the definition of innovative packaging, extend its derogation to seven years, prevent additional national labelling, task CEN with design-for-recycling criteria, set deadlines for acts and standards, apply recycled content as a portfolio average, introduce preferential access to recycled material, establish a Packaging Forum, remove certain packaging format restrictions, subject 2040 re-use targets to life-cycle analysis, raise the small-business exemption to 200 m², and set a 90% separate collection target for 2030 with optional deposit and return systems.

Key points

  1. The rapporteur proposes extending the derogation from recyclability obligations for innovative packaging from five to seven years and tightening the definition of innovative packaging.
  2. Member States should not be able to introduce additional packaging labelling requirements, to prevent fragmentation of the single market.
  3. European standardisation bodies (CEN) should set design-for-recycling criteria, while co-legislators should revise restrictions on packaging uses under the ordinary legislative procedure.
  4. Deadlines should be introduced for adopting delegated and implementing acts and CEN standards, with companies given five years to comply with recycled content targets.
  5. Recycled content requirements should apply as an average of a producer's portfolio, not per unit, and exclude non-structural elements such as adhesives, inks and coatings.
  6. Preference systems should give operators with recycled content obligations preferential access to recycled material, including closed-loop recycling.
  7. Investment in sorting infrastructure should be stepped up, and extended producer responsibility contributions should be earmarked for collection, sorting and recycling infrastructure.
  8. A consultative Packaging Forum should be set up with balanced participation of Member States' representatives and stakeholders to help shape delegated and implementing acts.
  9. Restrictions on certain packaging formats should be removed, and any further restrictions should be decided by co-legislators.
  10. More ambitious 2040 re-use targets should only be set after a life-cycle analysis, and 2030 targets should be limited to Member States not achieving 90% separate collection.
  11. The exemption for operators with a sales area of no more than 100 m² should be increased to 200 m².
  12. A 90% separate collection target for all packaging waste by 2030 should be introduced, with collection infrastructure in public spaces and at final distributors, and deposit and return systems made optional.

Who is affected

  • Economic operators placing packaging on the EU market, who would face recycled content, labelling and re-use rules.
  • Small businesses with a sales area up to 200 m², who would be exempt from certain re-use targets.
  • Member States, which would need to set up separate collection systems and may choose deposit and return schemes.
  • Producers subject to extended producer responsibility, whose fees would be modulated and earmarked.
  • The Commission, which would be empowered to adopt delegated and implementing acts and request CEN standards.

Figures and deadlines

  • Seven years for innovative packaging to comply with recyclability requirements, instead of five.
  • Five years for companies to comply with recycled content targets after adoption of acts and standards.
  • 90% separate collection target for all packaging waste by 2030.
  • Sales area threshold of 200 m² for exemption from re-use targets, increased from 100 m².
  • 31 December 2026 deadline for the Commission to request CEN harmonised standards on design for recycling.
  • 31 December 2025 deadline for the Commission to adopt implementing acts on recycled content calculation methodology.
  • 31 December 2025 deadline for the Commission to assess derogations from recycled content targets.
  • 31 December 2035 deadline for the Commission to assess derogations from 2040 recycled content targets.