Changes from plenary report to adopted text

Article 53 – paragraph 1 – subparagraph 1: Where, on completion of the procedure set out in Article 52(5) and (6), objections are raised against a measure taken by a Member State, or where the Commission considers a national measure to be contrary to Union legislation, the Commission shall without delay enter into consultation with the Member States and the relevant economic operator or operators and shall evaluate the national measure. On the basis of the results of that evaluation, the Commission shall decide by means of an implementing act whether the national measure is justified or not.

Article 54 – paragraph 1: 1. Where, having carried out an evaluation under Article 52, a Member State finds that although packaging is in compliance with the applicable requirements set out in Articles 5 to 11, it presents a risk to the environment or to human and animal health, it shall without delay require the relevant economic operator to take all appropriate measures, within a reasonable period prescribed by the market surveillance authorities and commensurate with the nature and, where relevant, the degree of risk, to ensure that the packaging concerned, when placed on the market, no longer presents that risk, to withdraw the packaging from the market or to recall it.

Article 55 – paragraph 2 a (new): 2a. The authorities designated pursuant to Article 25(1) of Regulation (EU) 2019/1020 shall use the information communicated pursuant to paragraph 1 of this Article to carry out their risk analysis under Article 25(3) of Regulation (EU) 2019/1020.

Article 56 – paragraph 1 – point k a (new): (ka) the requirements on recyclable packaging are not fulfilled;

Article 56 – paragraph 1 – point k b (new): (kb) the requirements on minimum recycled content for packaging are not fulfilled;

Article 58 – paragraph 2: 2. The power to adopt delegated acts referred to in Article 5(5), Article 6(4), Article 6(6), Article 7(7), Article 7(9), Article 8(5), Article 22(4), Article 26(16), Article 27(4) and Article 57(3) shall be conferred on the Commission for a period of five years from date of entry into force of this Regulation. The Commission shall draw up a report in respect of the delegation of power no later than nine months before the end of the five-year period. The delegation of power shall be tacitly extended for periods of an identical duration, unless the European Parliament or the Council opposes such extension no later than 3 months before the end of each period.

Article 58 – paragraph 4: 4. Before adopting a delegated act, the Commission shall consult the Packaging Forum and experts designated by each Member State in accordance with the principles laid down in the Interinstitutional Agreement of 13 April 2016 on Better Law-Making.

Article 58 – paragraph 6: 6. A delegated act adopted pursuant to Article 5(5), Article 6(4), Article 6(6), Article 7(7), Article 7(9), Article 8(5), Article 22(4), Article 26(16), Article 27(4) and Article 57(3) shall enter into force only if no objection has been expressed either by the European Parliament or the Council within a period of two months of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by two months at the initiative of the European Parliament or of the Council.

Article 62 – paragraph 1: 1. By [OP: Please insert the date = 24 months after the date of entry into force of this Regulation], Member States shall lay down the rules on penalties applicable to infringements of this Regulation and shall take all measures necessary to ensure that they are implemented. In accordance with Directive (EU) 2015/1535 of the European Parliament and of the Council1a, Member States shall communicate to the Commission those rules and of those measures and, without delay, of any subsequent amendments affecting them. The penalties provided for shall be effective, proportionate and dissuasive. / Those penalties may include: / (a) fines proportionate to the environmental damage and the value of the relevant products concerned, calculating the level of such fines in such way as to ensure that they effectively deprive those responsible of the economic benefits derived from their infringements, and gradually increasing the level of such fines for repeated infringements; / (b) confiscation of revenues gained by the manufacturer, producer, supplier, distributor, importer, authorised representatives, or appointed representatives for extended producer responsibility from a transaction with the relevant products concerned; / (c) temporary exclusion for a maximum period of 12 months from public procurement processes and from access to public funding, including tendering procedures, grants and concessions; / (d) temporary prohibition from placing or making available on the market, or exportin…

Article 62 a (new): Article 62a / Access to Justice / 1. Any natural or legal person having a sufficient interest, as determined in accordance with the existing national systems of legal remedies, including where such persons meet the criteria, if any, laid down in the national law, including persons who have submitted a substantiated concern in accordance with Article 62a, shall have access to administrative or judicial procedures to review the legality of the decisions, acts or failure to act of the competent authorities under this Regulation. / 2. This Regulation shall be without prejudice to any provisions of national law which regulate access to justice and those which require that administrative review procedures be exhausted prior to recourse to judicial proceedings.

Article 62 b (new): Article 62b / Request for action / 1. Natural or legal persons affected or likely to be affected by a breach of this Regulation, or having a sufficient interest in environmental decision-making relating to the breach of this Regulation, shall be entitled to request the competent authorities to take action under this Regulation with respect to such a breach or an imminent threat of such a breach. / The interest of any non-governmental organisation promoting environmental protection and meeting the requirements laid down in Article 11 of Regulation (EC) No 1367/2006 of the European Parliament and of the Council shall be deemed sufficient for the purposes of the first subparagraph. / 2. The request for action shall be accompanied by the relevant information and data supporting that request. / 3. Where the request for action and the accompanying information and data show in a plausible manner that a breach of this Regulation has occurred, or that there is an imminent threat of such a breach, the competent authorities shall consider any such requests for action and information and data. In such circumstances, the competent authorities shall give the economic operator concerned an opportunity to make its views known with respect to the request for action and the accompanying information and data. / 4. The competent authorities shall, without delay and in accordance with the relevant provisions of Union law, inform the persons who submitted a request pursuant to paragraph 1, of its …

Indicative parameters to be considered when establishing design criteria for recycling under Article 6

Annex III – paragraph 1 – introductory part: Conditions to be considered when mandating or introducing the use of compostable packaging format:

Annex III – paragraph 1 – point c: (c) it is of such biodegradable nature that it allows the packaging to undergo physical, chemical, thermal or biological decomposition, including anaerobic digestion, resulting ultimately in conversion into carbon dioxide and water, new microbial biomass, mineral salts, and, in the absence of oxygen, methane,

Annex III – paragraph 1 – point e: (e) its use significantly reduces the contamination of compost with non-compostable packaging and does not cause any problems in bio-waste processing;

Annex IV – Part I – point 1: 1. Product protection: packaging design shall ensure the product protection from the point of packaging or filling until the end use, with a view to prevent significant product damage, loss, deterioration or waste. Requirements may consist of protection against mechanical or chemical damage, vibration, compression, humidity, light, oxygen, microbiological infection, pest, deterioration of organoleptic properties etc. and include references to specific legislation setting out requirements on product quality. Protection measures may include necessary anti-tamper, anti-theft and anti-counterfeit provisions.

Annex VI – Part A – paragraph 3 a (new): Open loop systems established prior to the entry into force of this Regulation shall be exempted from the requirements under Part A, 1. (a), (b), (c), (d), (f) and (g).

Annex VI – part B – point 1: 1 The reconditioning process shall not create risks to the health and safety of those responsible for doing so and minimize its impact on the environment. It shall be operated in accordance with applicable legislation on contact sensitive materials, waste and industrial emissions.

Annex VI – part C - point b: (b) contain a measuring device allowing the end user to know the exact quantity purchased

Annex X – paragraph 2 – point j: (j) part of the annual turnover of the system operator is used for public awareness campaigns on the management of packaging waste;

Annex X – paragraph 2 – point l a (new): (la) Member States shall take into account the factors referred to in point (l) (ii), (iii), (iv) and (v) when a digital deposit and return system is put in place and not organised at the level of the final distributors;

Annex X – paragraph 2 – point o: (o) all deposit bearing packaging that is to be collected by a DRS system is clearly labelled, so that the end users can easily identify the need to return such packaging.

Annex X – paragraph 3: In addition to the minimum requirements, Member States may set additional requirements, as appropriate, in order to ensure the fulfilment of the objectives of this Regulation, in particular to increase the purity of the collected packaging waste, reduce litter or promote other circular economy objectives such as ensuring a safe and fair access to recycled feedstock for use in applications that allow further recyclability and may be re-used in the same way or for the same or similar product category it comes from.