Changes from plenary report to adopted text

Recital 91: (91) To achieve an ambitious and sustained reduction in the overall packaging waste generation, targets should be laid down for the reduction of packaging waste per capita to be achieved by 2030. Meeting a target of 5 % reduction in 2030 compared to 2018 should entail an overall absolute reduction of approximately 19 % on average across the Union in 2030 compared to the 2030 baseline. Member States should reduce packaging waste generation by 10 %, compared to 2018, by 2035; this is estimated to reduce packaging waste by 29 % compared to the 2030 baseline. In order to ensure that the reduction efforts continue beyond 2030, a reduction target of 10 % from 2018, which would mean a reduction of 29 % compared to baseline, should be set for 2035 and, for 2040, a reduction target of 15 % from 2018, which means a reduction of 37 % compared to baseline should be established. Member States which have established a different system for the management of household packaging waste, on one hand, and of industrial and commercial packaging waste, on the other, should have the opportunity to retain their specificity.

Recital 91 a (new): (91a) As part of its Circular Economy Action Plan, the Commission adopted the communication of 16 January 2018 on a European Strategy for Plastics in a Circular Economy to reduce marine pollution, greenhouse gas emissions and our European dependence on fossil fuels. With plastic consumption on the rise, the strategy calls for better circularity of plastics and effective prevention measures. In line with that strategy, this Regulation should be an instrument to fight against superficial, unnecessary plastics, in order to reverse the trend of production and consumption of plastics, especially single-use plastics.

Recital 92: (92) Member States may achieve these targets by economic instruments and other measures to provide incentives for the application of the waste hierarchy, including measures to be implemented through extended producer responsibility schemes, and by promoting the setting up and effective operation of systems for re-use and encouraging economic operators to offer the end users further possibilities to refill. Such measures should be adopted in parallel and in addition to other measures under this Regulation aiming at packaging and packaging waste reduction, such as requirements on packaging minimisation, re-use targets, refill obligations, volume thresholds and measures to achieve the sustained reduction of consumption of lightweight plastic carrier bags. A Member State may, 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 targets set out in this Regulation.

Recital 96: (96) In line with the polluter-pays principle expressed in Article 191(2) of the Treaty, it is essential that the producers, including e-commerce actors, placing on the Union market packaging and packaged products take responsibility for their management at their end-of life. It should be recalled that extended producer responsibility schemes need to be established, as provided for in Directive 94/62/EC, by 31 December of 2024, as they are the most appropriate means to achieve this and can have a positive environmental impact by reducing the generation of packaging waste and increasing its collection and recycling. There are wide disparities in the way they are set up, in their efficiency and in the scope of responsibility of producers. The rules on extended producer responsibility laid down in Directive 2008/98/EC should therefore in general apply to extended producer responsibility schemes for producers of packaging, and be complemented by further specific provisions where this is necessary and appropriate.

Recital 98: (98) Regulation (EU) 2022/2065 of the European Parliament and of the Council66 lays down rules on the traceability of traders, which more specifically contain obligations for providers of online platforms allowing consumers to conclude distance contracts with producers offering packaging to consumers located in the Union. In order to prevent free-riding from the extended producer responsibility obligations, it should be specified how such providers of online platforms should fulfil those obligations with regard to the registers of packaging producers established pursuant to this Regulation. In that context, providers of online platforms, falling within the scope of Section 4 of Chapter 3 of Regulation (EU) 2022/2065, allowing consumers to conclude distance contracts with producers should be bound by certain obligations applicable to producers, unless they prove that the third party for which it facilitates distance selling or delivery has already fulfilled those obligations. Furthermore, they should obtain from those producers information about their compliance with the extended producer responsibility rules set out in this Regulation. The rules on traceability of traders selling packaging online are subject to the enforcement rules set out in Regulation (EU) 2022/2065.

Recital 101 a (new): (101a) The separate collection of packaging is a crucial step to ensure its circularity, and to ensure a strong market for secondary raw materials. The establishment of a mandatory collection rate is an incentive to develop efficient and targeted collection systems at national level, and thus increase the quantity of waste sorted and potentially recycled.

Recital 103 a (new): (103a) This Regulation should take into account the diversity of deposit and return systems that exist in the Union, and ensure that technological developments in these systems are not hindered when they meet the conditions and criteria for increasing collection rates and ensuring better quality recycling. For example, digital deposit and return system offers consumers a QR code system, with a refund of the deposit when deposited at a separate collection point at home or on-the-go.

Recital 107: (107) Member States which achieve at least 85% 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.

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

Recital 113 b (new): (113b) An economic operator should be able to make environmental claims on packaging placed on the market only if they are substantiated in accordance with the Directive on Green Claims. As regards recyclability, the level of recycled content and reusability, those claims should be possible only for packaging properties exceeding the applicable minimum requirements set out in this Regulation.

Recital 117 a (new): (117a) Separate out-of-home collection is an important element in order to increase collection rates of packaging, and improve its circularity. Member States and economic actors should be able to take specific measures for separate out-of-home collection, adapted to the location and habits of consumers.

Recital 123: (123) Effective enforcement of sustainability requirements is essential to ensure fair competition to ensure that this Regulation’s expected benefits and contribution to achieving the Union’s climate, energy and circularity objectives are achieved. Therefore, a minimum number of checks of economic operators placing packaging on the Union market should be established, and Regulation (EU) 2019/1020 of the European Parliament and of the Council73setting out a horizontal framework for market surveillance and control of products entering the Union market should apply to packaging for which sustainability requirements are set pursuant to this Regulation.

Recital 130: (130) In order to safeguard the functioning of the internal market, and create a level playing field, it is necessary to ensure that packaging from third countries entering the Union market complies with this Regulation, whether it is imported as self-standing packaging or in a packaged product. In particular, it is necessary to ensure that appropriate conformity assessment procedures have been carried out by manufacturers with regard to that packaging. Priority should be given to cooperation in the market between market surveillance authorities and economic operators. Therefore, whereas they may concern any packaging entering the Union market, interventions by authorities designated pursuant to Article 25(1) of Regulation (EU) 2019/1020 should focus primarily on packaging subject to prohibition measures taken by market surveillance authorities. In case they take such prohibition measures, and they are not restricted to the national territory, market surveillance authorities should communicate to authorities designated for the controls on packaging entering the Union market the details necessary for the identification of such non-compliant packaging at the borders, including information on the packaged products and the economic operators to enable a risk-based approach for products entering the Union market. In such cases, customs will aim at identifying and stopping this packaging at the borders.

Article 1 – paragraph 1: 1. This Regulation establishes requirements for the entire life cycle of packaging as regards environmental sustainability and labelling, to allow its placing on the market, as well as for the extended producer responsibility, prevention, reduction in unnecessary packaging, reuse or refill of packaging, collection, treatment and recycling of packaging waste.

Article 1 – paragraph 3: 3. This Regulation contributes to the transition to a circular economy and achieving climate neutrality at the latest by 2050 as provided for under Regulation (EU) 2021/1119, by laying down measures in line with the hierarchy of waste in accordance with Article 4 of Directive 2008/98/EC and by providing a supportive legal framework which gives certainty to European industry for their investments towards achieving circularity of packaging.

Article 3 – paragraph 1 – point 1 – point f: (f) permeable tea or coffee bags or soft after-use system and single-serve units that contain a tea or coffee product and are intended to be used and disposed of together with the product;

Article 3 – paragraph 1 – point 1 – point g: (g) non-permeable coffee or tea system single-serve unit necessary to contain a coffee or tea product and intended to be used and disposed of together with the product;

Article 3 – paragraph 1 – point 4: (4) ‘transport packaging’ means packaging conceived so as to facilitate handling and transport of any number of sales units or grouped packages, including e-commerce packaging but excluding road, rail, ship and air containers, in order to prevent damage from physical handling and transport to the product;

Article 3 – paragraph 1 – point 16: (16) ‘final distributor’ means the distributor who delivers packaged products or products that can be purchased through refill or re-use to the end user;

Article 3 – paragraph 1 – point 22: (22) ‘re-use’ means any operation by which reusable packaging is used again several times for the same purpose for which it was conceived and made possible by adequate logistics and promoted by suitable incentive systems, usually by a deposit scheme;

Article 3 – paragraph 1 – point 26: (26) ‘systems for re-use’ means organisational, technical and/or financial arrangements, together with incentives, that allow the re-use either in a closed loop or open loop system. Deposit and return systems, when they ensure that packaging is collected for re-use, are considered as part of a ‘system for re-use’;

Article 3 – paragraph 1 – point 28: (28) ‘refill’ means an operation by which an end user fills its own container or a container provided at the point of sale by the final distributor, which fulfils the packaging function, with a product or several products purchased through a final distributor;

Article 3 – paragraph 1 – point 31: (31) ‘design for recycling’ means design of packaging, including individual components of packaging, in order to ensure its recyclability with state-of-the-art collection, sorting and recycling processes, giving priority to mechanical recycling processes;

Article 3 – paragraph 1 – point 31 a (new): (31a) 'recyclability' means the assessment of the compatibility of packaging with the management and processing of waste by design, based on separate collection, sorting in separate streams, recycling at scale, and use of recycled materials to replace primary raw materials in new packaging;

Article 3 – paragraph 1 – point 32: (32) ‘recycled at scale’ means the existence of a sufficient capacity for the collected packaging waste to be directed to defined and recognised waste streams through established industrial processes for reprocessing in actual systems proven in operational environment, including packaging waste exported from the Union that meets the requirements of Article 47(5);

Article 3 – paragraph 1 – point 34: (34) ‘integrated component’ means a packaging component that may be distinct from the main body of the packaging unit, and may be of a different material, but is integral to the packaging unit and its functioning and does not need to be separated from the main packaging unit and is typically discarded at the same time as the packaging unit, although not necessarily in the same disposal route;

Article 3 – paragraph 1 – point 35: (35) ‘separate component’ means a packaging component that is distinct from the main body of the packaging unit, which may be of a different material, that needs to be disassembled completely and permanently from the main packaging unit, and that is typically discarded prior to and separately from the packaging unit;

Article 3 – paragraph 1 – point 37: (37) ‘innovative packaging’ means a form of packaging that is manufactured using new and innovative materials, 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 overall, with the exception of packaging that is the result of modification of existing packaging for the main purpose of improved presentation of products and marketing;

Article 3 – paragraph 1 – point 38: (38) ‘secondary raw materials’ means materials that have been obtained through recycling processes and have undergone all necessary checking and sorting and can substitute primary raw materials;

Article 3 – paragraph 1 – point 40: (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, Directive 2002/46/EC of the European Parliament and of the Council1a, or Directive 2008/68/EC; / 1a Directive 2002/46/EC of the European Parliament and of the Council of 10 June 2002 on the approximation of the laws of the Member States relating to food supplements (OJ L 183, 12.7.2002, p. 51).

Article 3 – paragraph 1 – point 41: (41) 'compostable packaging’ means packaging capable of undergoing physical, chemical, thermal or biological decomposition such that most of the finished compost ultimately decomposes into carbon dioxide, mineral salts, biomass and water, according to Article 47(8), and does not hinder the separate collection and the composting or anaerobic digestion process or activity into which it is introduced in industrially controlled conditions, in accordance with the applicable requirements laid down in the harmonised European standards EN 13432;

Article 3 – paragraph 1 – point 50: (50) ‘deposit’ means a defined sum of money, not being part of the price of a packaged or filled product that is collected from the end user when purchasing such packaged or filled product, covered by a deposit and return system in a given Member State and redeemable when the end user, or any other person, returns the deposit bearing packaging to a collection point established for that purpose;

Article 3 – paragraph 1 – point 51: (51) ‘deposit and return system’ means a system, in which a deposit is charged to the end user when purchasing a packaged or filled product covered by this system, and redeemed to the end user when the deposit bearing packaging is returned to a collection point established for that purpose or properly deposited in the type of waste receptacle provided for that purpose, at home or in public spaces;

Article 3 – paragraph 1 – point 57: (57) ‘packaging presenting a risk’ means a packaging that, by not complying with a requirement set out in or pursuant to this Regulation other than those listed in Article 56(1), may adversely affect the environment, health, or other public interests protected by that requirement;

Article 4 – paragraph 5: deleted

Article 5 – paragraph 1: 1. Packaging shall be so manufactured that the presence and concentration of substances of concern as constituents of the packaging material or of any of the packaging components is minimised, including with regard to their presence in emissions and any outcomes of waste management, such as secondary raw materials, ashes or other material for final disposal, and the adverse impact on the environment due to micro-plastics.

Article 5 – paragraph 2 a (new): 2a. Food contact packaging containing intentionally added per- and polyfluorinated alkyl substances (PFASs) shall not be placed on the market from ... [OP: Please insert the date = 18 months from the date of entry into force of this Regulation].

Article 5 – paragraph 2 b (new): 2b. Food contact packaging containing intentionally added Bisphenol A (BPA, CAS 80-05-7) shall not be placed on the market from ... [OP: Please insert the date = 18 months from the date of entry into force of this Regulation].

Article 5 – paragraph 3: 3. Compliance with the requirements set out in paragraphs 1, 2, 2a and 2b shall be demonstrated in the technical documentation drawn up in accordance with Annex VII.

Article 5 – paragraph 4: 4. Without prejudice to paragraphs 2a and 2b, recyclability requirements established in delegated acts adopted pursuant to Article 6(5) shall not restrict the presence of substances in packaging or packaging components for reasons primarily related to chemical safety, unless there is an unacceptable risk to human health or to the environment arising from the use of a substance in the packaging at any stage of its life cycle. They shall also address substances of concern that have a negative impact on the re-use, sorting and recycling of materials in the packaging in which they are present, and identify the specific substances concerned and the criteria and limitations associated with them.

Article 6 – paragraph 1: All packaging placed on the market shall be recyclable in accordance with paragraph 2.

Article 6 – paragraph 2 – subparagraph 1 – point a: (a) it is designed for recycling, as set out in the delegated acts adopted by the Commission pursuant to paragraph 4 ;

Article 6 – paragraph 2 – subparagraph 1 – point e: (e) it is recyclable at scale in accordance with the methodology established in the delegated acts adopted by the Commission pursuant to paragraph 6.

Article 6 – paragraph 2 – subparagraph 2: Points (a) to (d) shall apply from 36 months after the date of publication of the delegated acts referred to in paragraph 4 and point (e) shall apply from 36 months after the date of publication of the delegated acts referred to in paragraph 6.

Article 6 – paragraph 3: 3. Recyclable packaging shall : / (a) comply with the design for recycling criteria as laid down in the delegated acts adopted pursuant to paragraph 4 no later than 36 months after the date of publication of the delegated acts referred to in paragraph 4; and / (b) comply with the recyclability at scale requirements laid down in the delegated acts adopted pursuant to paragraph 6 no later than 36 months after the date of publication of the delegated acts referred to in paragraph 6, in addition to point (a) of this paragraph. / Where such packaging complies with those delegated acts, it shall be considered to comply with paragraph 2, points (a) and (e).

Article 6 – paragraph 3 a (new): 3a. The criteria and requirements referred to in paragraph 3 shall establish: / (a) the manner in which to express the result of the recyclability assessment in recyclability performance grades from A to E, as set out in Table 3 of Annex II, based on the percentage of the packaging unit, in weight, which is recyclable in accordance with paragraph 1; / (b) detailed design for recycling criteria , including specific requirements for high quality recycling, where appropriate, for each packaging material and category listed in Table 1 of Annex II; / (c) a description, for each packaging category listed in Table 1 of Annex II, of the conditions for compliance with the respective performance grades; / (d) the modulation of the financial contributions to be paid by producers to comply with their extended producer responsibility obligations as referred to in Article 40, based on the packaging performance grade; / (e) the manner in which to assess the recyclability at scale for each packaging category listed in Table 1 of Annex II in order to establish updated recyclability performance grades.

Article 6 – paragraph 4 – subparagraph 1: By 1 January 2027 the Commission shall, after consulting the Packaging Forum established under Article 12a and taking into consideration standards developed by the European Standards Organisations, adopt delegated acts in accordance with Article 58 to supplement this Regulation in order to : / (a) establish design for recycling criteria and recycling performance grades based on the criteria and parameters listed in Tables 2 and 2a of Annex II for packaging categories listed in Table 1 of that Annex; design-for-recycling criteria shall consider state-of-the-art collection, sorting and recycling processes and shall cover all packaging components; / (b) 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 where applicable, the percentage of recycled content.

Article 6 – paragraph 4 – subparagraph 2: The Commission is empowered 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.

Article 6 – paragraph 5 – subparagraph 1: From 36 months after the date of publication of the delegated acts referred to in paragraph 4, 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.

Article 6 – paragraph 5 – subparagraph 1 a (new): From 96 months after the date of publication of the delegated acts referred to in paragraph 4, packaging shall not be considered recyclable if it corresponds to performance grade D or below 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.

Article 6 – paragraph 5 – subparagraph 1 b (new): From 36 months after the date of publication of the delegated acts referred to in paragraph 6, packaging shall not be considered recyclable if it does not comply with the recyclability at scale requirements laid down in the delegated acts adopted pursuant to paragraph 6.

Article 6 – paragraph 5 – subparagraph 2: deleted

Article 6 – paragraph 6 – introductory part: 6. No later than 60 months after the date of publication of the delegated acts referred to in paragraph 4 the Commission shall adopt delegated acts in accordance with Article 58 to supplement this Regulation , for each packaging type listed in Table 1 of Annex II, in order to establish the methodology to assess if packaging is recyclable at scale. That methodology shall be based at least on the following elements: