Changes from report parliamentary committee draft to plenary report

DRAFT EUROPEAN PARLIAMENT LEGISLATIVE RESOLUTION

▸7 unchanged paragraphs

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

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

(Ordinary legislative procedure: first reading)

The European Parliament,

– having regard to the Commission proposal to Parliament and the Council (COM(2022)0677),

– having regard to Article 294(2) and Article 114 of the Treaty on the Functioning of the European Union, pursuant to which the Commission submitted the proposal to Parliament (C90400/2022),

– having regard to Article 294(3) of the Treaty on the Functioning of the European Union,

Changed– having regard to the opinion of the European Economic and Social Committee of ...27 ,April 2023,

Added– having regard to the reasoned opinions submitted, within the framework of Protocol No 2 on the application of the principles of subsidiarity and proportionality, by the French Senate and the Italian Senate, asserting that the draft legislative act does not comply with the principle of subsidiarity,

– having regard to Rule 59 of its Rules of Procedure,

Changed– having regard to the opinions of the Committee on the InternalIndustry, MarketResearch and Consumer Protection,Energy, the Committee on Industry,the ResearchInternal Market and EnergyConsumer Protection and the Committee on Agriculture,

Changed– having regard to the report of the Committee on the Environment, Public Health and Food Safety (A90000/0000),(A9-0319/2023),

1. Adopts its position at first reading hereinafter set out;

2. Calls on the Commission to refer the matter to Parliament again if it replaces, substantially amends or intends to substantially amend its proposal;

3. Instructs its President to forward its position to the Council, the Commission and the national parliaments.

Change 1

RemovedRecital 5: (5) In line with the Green Deal33, the new Circular Economy Action Plan (CEAP)34 commits to reinforcing the essential requirements for packaging in view of making all packaging reusable or recyclable by 2030, and to consider other measures to reduce (over)packaging and packaging waste, drive design for re-use and recyclability of packaging, reduce the complexity of packaging materials, introduce requirements for recycled content in plastic packaging, and assess the need for recycled content requirements for packaging made of materials other than plastic. It commits the Commission to assess the feasibility of Union-wide labelling that facilitates the correct separation of packaging waste at source

AddedRecital 1: (1) Products need appropriate packaging to be protected and easy to transport from where they are produced to where they are used or consumed. Prevention of barriers to the internal market for packaging is key for the functioning of the internal market for products. Fragmented rules and vague requirements cause uncertainty and additional cost to the economic operators

RemovedLink with amendment 7(6a new)

AddedRecital 2: (2) In addition, packaging uses high amounts of virgin materials (40 % of plastics and 50 % of paper use in the Union is for packaging) and represents 36 % of municipal solid waste30. High and constantly growing levels of packaging generated as well as low levels of re-use and collection and poor recycling, present significant barriers to achieving a low-carbon circular economy. For these reasons, this Regulation should establish rules over the entire life-cycle of packaging contributing to the efficient functioning of the internal market by harmonising national measures, while preventing and reducing the adverse impacts of packaging and packaging waste on the environment and human health. By laying measures in line with the hierarchy of waste, it should contribute to the transition to a circular economy.

RemovedRecital 11: (11) An item, which is an integral part of a product and is necessary to contain, support or preserve that product throughout its lifetime and where all elements are intended to be used, consumed or disposed of together, should not be considered as being packaging given that its functionality is intrinsically linked to it being part of the product. However, in light of the disposal behaviour of consumers regarding tea and coffee bags which in practice are disposed of together with the product residue leading to the contamination of compostable and recycling streams, those specific items should be treated as packaging. This is in line with the objective to increase the separate collection of bio-waste, as required by Article 22 of Directive 2008/98/EC of the European Parliament and of the Council41. Furthermore, to ensure coherence regarding end-of-life financial and operational obligations, also all coffee or tea system single-serve units necessary to contain coffee or tea should be treated as packaging.

AddedRecital 5: (5) In line with the Green Deal33, the new Circular Economy Action Plan (CEAP)34 commits to reinforcing the essential requirements for packaging in view of making all packaging reusable or recyclable by 2030, and to consider other measures to reduce (over)packaging and packaging waste, drive design for re-use and recyclability of packaging, reduce the complexity of packaging materials, introduce requirements for recycled content in plastic packaging, and assess the need for recycled content requirements for packaging made of materials other than plastic. It highlights the necessity to reduce food waste and encourages circular approaches to the use of water and commits the Commission to assess the feasibility of Union-wide labelling that facilitates the correct separation of packaging waste at source.

RemovedSee amendment on Article 8(1)

AddedRecital 9 a (new): (9a) This Regulation is in line with the objectives set out in ...[the forthcoming directive on environmental claims (2023/0085(COD))], and ...[the forthcoming directive on empowering consumers in the green transition (2022/0092(COD))]. It aims to promote and support substantiated alternatives for more sustainable packaging solutions.

RemovedRecital 12: (12) In line with the waste hierarchy set out in Article 4(2) of Directive 2008/98/EC, and in line with life-cycle thinking to deliver the best overall environmental outcome, the measures provided for under this Regulation aim at reducing the amount of packaging placed on the market in terms of its volume and weight, and preventing the generation of packaging waste, especially through packaging minimisation, avoiding packaging where it is not needed, and increased re-use of packaging. In addition, the measures aim at increasing the use of recycled content in packaging, in particular in plastic packaging where the uptake of recycled content is very low, by strengthening high quality recycling systems, thereby increasing recycling rates for all packaging and improving the quality of the resulting secondary raw materials, while reducing other forms of recovery and final disposal

AddedRecital 11: (11) An item, which is an integral part of a product and is necessary to contain, support or preserve that product throughout its lifetime and where all elements are intended to be used, consumed or disposed of together, should not be considered as being packaging given that its functionality is intrinsically linked to it being part of the product. However, in light of the disposal behaviour of consumers regarding tea and coffee bags or soft after-use system which in practice are disposed of together with the product residue leading to the contamination of compostable and recycling streams, those specific items should be treated as packaging. This is in line with the objective to increase the separate collection of bio-waste, as required by Article 22 of Directive 2008/98/EC of the European Parliament and of the Council41. Furthermore, to ensure coherence regarding end-of-life financial and operational obligations, also all coffee or tea system single-serve units necessary to contain coffee or tea should be treated as packaging.

RemovedHigh quality recycling requires efficient systems to be in place to ensure a sufficient rate of integration of recycled content

AddedRecital 12: (12) In line with the waste hierarchy set out in Article 4(2) of Directive 2008/98/EC, and in line with life-cycle thinking to deliver the best overall environmental outcome, the measures provided for under this Regulation aim at reducing the amount of packaging placed on the market in terms of its volume and weight, and preventing the generation of packaging waste, especially through packaging minimisation, avoiding packaging where it is not needed, and increased re-use of packaging. In addition, the measures aim at increasing the use of recycled content in packaging, in particular in plastic packaging where the uptake of recycled content is very low, by strengthening high-quality recycling systems, thereby increasing recycling rates for all packaging and improving the quality of the resulting secondary raw materials, while reducing other forms of recovery and final disposal.

RemovedRecital 12 a (new): (12a) Any requirement for minimum recycled content should be accompanied by incentives. Such incentives should encourage high quality recycling in a closed-loop system which ensures that the quality of the waste collected is preserved and that producers required to meet recycled content targets have secure and fair access to the materials derived from their packaging that are actually recycled.

AddedRecital 12 a (new): (12a) In line with the waste hierarchy which places waste disposal through landfills as the least preferred option, the measures provided for under this Regulation should be complemented by a review of Council Directive 1999/31/EC1a with the aim to accelerate the phasing-out of landfill of packaging waste. / 1a Council Directive 1999/31/EC of 26 April 1999 on the landfill of waste (OJ L 182, 16.7.1999, p. 1).

Removed'Closed-loop' systems, based on high quality recycling, would stimulate the supply of a secondary materials market, reduce foreign dependencies and encourage design for recycling and recyclability.

AddedRecital 13: (13) Packaging should be designed, manufactured and commercialised in such a way as to allow for its re-use as many times as possible or high-quality recycling, and to minimise its impact on the environment during its entire life-cycle and the life cycle of products, for which it was designed. The Commission should be empowered the power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union in order to supplement this Regulation by establishing a minimum number of rotations for reusable packaging in specific packaging categories.

RemovedRecital 12 b (new): (12b) In line with the waste hierarchy which places waste disposal through landfills as the least preferred option, the measures provided for under this Regulation should be complemented by a review of the Directive 1999/31/EC aiming at accelerating the phasing-out of landfill of packaging waste.

AddedRecital 15 a (new): (15a) Per- and polyfluorinated alkyl substances (PFASs) are a large family of more than 4 700 man-made chemicals in accordance with 2018 OECD definitions1a. Since their emergence in the late 1940s, PFASs have been used in an increasingly wide range of consumer products and industrial applications, from food packaging and clothing to electronics, aviation and firefighting foams. They are used for their ability to repel grease and water, as well as for their high stability and resistance to high temperatures, due to their carbon-fluorine bond. That bond is also responsible for their extreme persistence in the environment. Exposure to the most studied PFASs has been associated with a range of adverse health effects1b, including thyroid disease, liver damage, reduced birth weight, obesity, diabetes, hypercholesterolaemia and reduced response to routine vaccinations, as well as increased risk of breast, kidney and testicular cancer.

RemovedSelf-justification

AddedRecital 15 b (new): (15b) On 27 May 2020, Denmark published Order No. 681 of May 25, 2020 ‘Executive Order on Food Contact Materials and Penal Code for Violation of Related EU Acts’ in its Official Gazette (Lovtidende A) to prohibit PFASs chemicals in food contact paper and board materials and articles. Following that example, in light of the health and environmental emergency represented by PFASs and awaiting ECHA's opinion on a wider ban on PFASs for all packaging and for other sectors all paper, cardboard food packaging containing intentionally added PFASs should not be placed on the Union market.

RemovedRecital 13: (13) Packaging should be designed, manufactured and commercialised in such a way as to allow for its re-use as many times as possible or high-quality recycling, and to minimise its impact on the environment during its entire life-cycle and the life cycle of products, for which it was designed.

AddedRecital 15 c (new): (15c) Bisphenol A (BPA) is a chemical compound used in the manufacture of materials that come into contact with food, such as reusable plastic tableware or linings for cans, mainly as a protective layer. BPA residues can migrate into food and drink and be ingested by consumers. BPA from sources other than food, including thermal paper, cosmetics and dust, can be absorbed through the skin and by inhalation.

RemovedIn order to minimise their environmental impact, in terms of life cycle analysis, reusable packaging should be designed to be sustainable and used as many times as possible

AddedRecital 15 d (new): (15d) In a scientific opinion1a published in January 2015, and in light of the availability of new data EFSA's expert groups indicated that exposure to Bisphenol A was likely to have adverse effects on the kidneys and liver,. The findings led EFSA experts to significantly reduce the safe level of BPA - from 50 micrograms per kilogram of body weight per day (µg/kg bw/day) to 4 µg/kg bw/day. / 1a https://www.efsa.europa.eu/en/efsajournal/pub/3978

RemovedRecital 15 a (new): (15a) Per- and polyfluorinated alkyl substances (PFASs) are a large family of more than 4,700 man-made chemicals according to 2018 OECD definitions1a. Since their emergence in the late 1940s, PFASs have been used in an increasingly wide range of consumer products and industrial applications, from food packaging and clothing to electronics, aviation and firefighting foams. They are used for their ability to repel grease and water, as well as for their high stability and resistance to high temperatures, due to their carbon-fluorine bond. That bond is also responsible for their extreme persistence in the environment. Exposure to the most studied PFASs has been associated with a range of adverse health effects1b, including thyroid disease, liver damage, reduced birth weight, obesity, diabetes, hypercholesterolaemia and reduced response to routine vaccinations, as well as increased risk of breast, kidney and testicular cancer. / 1a OECD, 2018. Toward a new comprehensive global database of per-and polyfluoroalkyl substances (PFASs): summary report on updating the OECD 2007 list of per-and polyfluoroalkyl substances (PFASs). Series on Risk Management No. 39 http://www.oecd.org/officialdocuments/publicdisplaydocumentpdf/?cote=ENV-JM-MONO(2018)7&doclanguage=en / 1b European Environment Agency, 2019.Emerging Chemical risks in Europe ‘PFAS’. https://www.eea.europa.eu/publications/emerging-chemical-risks-in-europe

AddedRecital 15 e (new): (15e) Considering the danger posed by the presence of Bisphenol A and the risk of migration into food, the presence of intentionally added BPA should be prohibited in packaging that comes into contact with food.

RemovedLink with the amendment for Article 5(2a).

AddedRecital 19: (19) Without prejudice to the restriction of PFAS and Bisphenol A, this Regulation should not enable the restriction of substances based on reasons of chemical safety, or for reasons related to food safety, unless there is an unacceptable risk to human health or the environment, including but not limited to the restrictions on lead, cadmium, mercury and hexavalent chromium that were already established on the basis of Directive 94/62/EC and should continue to be addressed under this Regulation, given that such restrictions are addressed under other Union legislation. It should also allow for the restriction of substances present in packaging and packaging components or used in their manufacturing processes, which negatively affect the sustainability of packaging, in particular as regards its circularity, especially re-use or recycling processes.

RemovedRecital 15 b (new): (15b) The European Chemicals Agency (ECHA) published on 7 February 2023 a "restriction report" for PFASs1a developed by the authorities of four Member States (Germany, Denmark, the Netherlands and Sweden) and Norway. Fourteen sectors and/or applications, subdivided into numerous sub-uses, have been examined in detail in that report. For the Union, this results in an estimated 140,000 to 310,000 tonnes of PFASs entering the market in 2020, a figure which is expected to increase further due to the expected economic growth in several sectors. Two restriction options are being assessed: a full ban without derogations and a transition period of 18 months, or a full ban with use-specific time-limited derogations. / 1a https://echa.europa.eu/documents/10162/f605d4b5-7c17-7414-8823-b49b9fd43aea

RemovedLink with the amendment for Article 5(2a).

RemovedRecital 15 c (new): (15c) On 27 May 2020, Denmark published Order No. 681 of May 25, 2020 ‘Executive Order on Food Contact Materials and Penal Code for Violation of Related EU Acts’ in its Official Gazette (Lovtidende A) to prohibit PFASs chemicals in food contact paper and board materials and articles. Following that example, in light of the health and environmental emergency represented by PFASs and awaiting ECHA's restriction opinion on a wider ban on PFASs for all packaging and for other sectors all paper, cardboard food packaging containing PFASs should not be placed on the Union market.

RemovedLink with the amendment for Article 5(2a).

RemovedRecital 19: (19) This Regulation should not enable the restriction of substances based on reasons of chemical safety, or for reasons related to food safety, unless there is an unacceptable risk to human health or the environment, including but not limited to the restrictions on lead, cadmium, mercury and hexavalent chromium that were already established on the basis of Directive 94/62/EC and should continue to be addressed under this Regulation, given that such restrictions are addressed under other Union legislation. It should also allow for the restriction of substances present in packaging and packaging components or used in their manufacturing processes, which negatively affect the sustainability of packaging, in particular as regards its circularity, especially re-use or recycling.

RemovedIt is important to leave the door open in this legislation for health protection measures and therefore to limit the use in article 5 of chemicals of very high concern.

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

RemovedThe PPWR makes no reference to ongoing standardisation work. As the industry is working on voluntary design criteria to ensure a harmonised definition of recyclability of plastic packaging, the delegated acts should incorporate these criteria, and in particular those developed by CEN, the European Committee for Standardisation.

RemovedRecital 22: (22) In order to establish harmonised rules on packaging design to ensure its recyclability, the power to adopt delegated acts should be delegated to the Commission to set out detailed criteria for packaging design for recycling per packaging materials and categories, as well as for the assessment of the packaging recyclability at scale including for categories of packaging not listed in this Regulation. In order to give economic operators and Member States sufficient time to collect and report the necessary data to establish the “at scale” recycling methodology, the manufacturers should ensure that packaging is recycled at scale as of 2030. That should ensure that packaging complies with the design for recycling criteria, and is also recycled in practice on the basis of the state of the art processes for separate collection, sorting and recycling.

RemovedAll packaging must be recyclable by 2030. Considering that the Commission considers packaging to be recyclable if it is "designed for recycling" and "recyclable at scale", then all packaging must be recyclable at scale by 2030.

Recital 23: (23) In order to stimulate innovation in packaging, it is appropriate to allow that packaging, which presents innovative features resulting in significant improvement in the core function of packaging and has demonstrable environmental benefits, is given limited additional time of five years to comply with the recyclability requirements. The innovative features should be justified, especially concerning the use of new or innovative materials and explained in the technical documentation accompanying the packaging.

Change 2

RemovedSee amendment for Article 3(37)

AddedRecital 24: (24) In order to protect human and animal health and safety, due to the nature of the packaged products and the related requirements, it is appropriate that the recyclability requirements should not apply to immediate packaging as defined in Article 1 of Directive 2001/83/EC of the European Parliament and of the Council50 and in Article 4(25) of Regulation (EU) 2019/6 of the European Parliament and of the Council51 , which are in direct contact with the medicinal product, of contact sensitive plastic packaging of medical devices covered by Regulation (EU) 2017/745 of the European Parliament and of the Council52 of in vitro diagnostics medical devices covered by Regulation (EU) 2017/746 of the European Parliament and of the Council53, of contact sensitive plastic packaging for foods intended for infants and young children and food for special medical purposes covered by Regulation (EU) No 609/2013 of the European Parliament and of the Council53a as well as packaging of supplies, components, and immediate packaging components for the manufacturing of medicinal products under Directive 2001/83/EC and for veterinary medicinal products under Regulation (EU) 2019/6 where such packaging needs to comply with the quality standards of the medicinal product. These exemptions should apply until 1 January 2035. / 53a Regulation (EU) No 609/2013 of the European Parliament and of the Council of 12 June 2013 on food intended for infants and young children, food for special medical purposes, …

RemovedRecital 24: (24) In order to protect human and animal health and safety, due to the nature of the packaged products and the related requirements, it is appropriate that the recyclability requirements should not apply to immediate packaging as defined in Article 1 of Directive 2001/83/EC of the European Parliament and of the Council50 and in Article 4(25) of Regulation (EU) 2019/6 of the European Parliament and of the Council51 , which are in direct contact with the medicinal product, as well as contact sensitive plastic packaging of medical devices covered by Regulation (EU) 2017/745 of the European Parliament and of the Council52 of in vitro diagnostics medical devices covered by Regulation (EU) 2017/746 of the European Parliament and of the Council53 and of contact sensitive plastic packaging for foods intended for infants and young children and food for special medical purposes covered by Regulation (EU) No 609/2013. These exemptions should apply until 1 January 2035.

AddedRecital 25: (25) Some Member States are taking action to encourage recyclability of packaging through modulation of extended producer responsibility fees; such initiatives taken at the national level may create regulatory uncertainty for the economic operators, in particular where they supply packaging in several Member States. At the same time, modulation of extended producer responsibility fees is an effective economic instrument to incentivise more sustainable packaging design leading to better recyclable packaging while improving the functioning of the internal market. It is therefore necessary to harmonise criteria for the modulation of extended producer responsibility fees based on the recyclability performance grade obtained through recyclability assessment, while not setting the actual amounts of such fees and to ensure that such fees are earmarked to finance the net cost of collection, sorting and recycling of packaging. As the criteria should be related to the criteria on packaging recyclability, it is appropriate to empower the Commission to adopt such harmonised criteria at the same time as establishing the detailed design for recycling criteria per packaging categories.

RemovedSee amendment of Article 6(10c)