Changes from report parliamentary committee draft to plenary report

Change 72

RemovedTo be consistent with European Parliament resolution of 10 February 2021 on the New Circular Economy Action Plan (2020/2077(INI)) where in par.72 it: “urges the Commission to take measures to ascertain that all online sellers, regardless of their location, comply with the essential requirements and report and contribute financially to the EPR systems in the EU Member States where the products are placed on the market, online platform should comply with the EPR scheme.

AddedArticle 40 – paragraph 3 – point b: (b) information on compliance with the extended producer responsibility requirements referred to in paragraphs 1 and 2 of this article in the Member State where the consumer is located.

RemovedArticle 43 – paragraph 1 a (new): 1a. In order to facilitate high quality recycling, Member States shall ensure that a system is in place to provide safe and equitable access to recycled raw materials for use in applications where the distinct quality of the recycled material is preserved or recovered in such a way that it can be recycled further and used in the same way and for a similar application, with minimal loss of quantity, quality or function.

AddedArticle 40 – paragraph 3 – subparagraph 1 a (new): Where producers sell their products via the online marketplace and are not registered in accordance with Article 39(2), the online marketplace in which the products are offered for sale may fulfil the obligations under Article 39(7) in respect of such producers collectively.

RemovedIt is vital to ensure that high quality recycled materials suitable for food grade applications are always available in food grade applications (and therefore meet the proposed definition of high quality recycling). Without this measure, high quality materials (meeting strict EU and EFSA food safety requirements) could be downgraded and used in non-food applications that do not require the same level of quality. Without the necessary support for access to raw materials, the recycled content targets set out in Article 7 will be difficult to achieve for industry, especially for SME.

AddedArticle 40 – paragraph 3 a (new): 3a. Upon receiving the information referred to paragraph 3 and prior to allowing the producer concerned to use its services, the provider of online platforms and fulfilment service providers shall assess whether the information referred to in point (a) and (b) is reliable and complete.

AddedArticle 40 – paragraph 3 b (new): 3b. Member States shall ensure that the producers cover the costs pursuant to the extended producer responsibility provisions in Directives 2008/98/EC and 94/62/EC and, insofar as not already included, cover at least the costs of waste collection for those products that are discarded in public collection systems, including the infrastructure and its operation, and the subsequent transport and treatment of that waste. / The costs to be covered shall be established in a transparent and in a cost-efficient way. The costs of cleaning up litter shall be limited to activities undertaken by public authorities or on their behalf. The calculation methodology shall be developed in a way that allows for the costs of cleaning up litter to be established in a proportionate way on the basis of the packaging formats that are more prone to be littered or not separately collected.

AddedArticle 41 – paragraph 2: 2. Where, in the territory of a Member State, multiple producer responsibility organisations are authorised to fulfil extended producer responsibility obligations on behalf of producers, the Member State shall ensure that the producer responsibility organisations and producers that have not entrusted a producer responsibility organisation, when taken together, cover the whole territory of the Member State as regards the activities in accordance with Articles 42(3), 43 and 44. Member States shall entrust the competent authority, or appoint an independent third party, to oversee that producer responsibility organisations fulfil their obligations in a coordinated manner.

AddedArticle 42 – paragraph 3 – point b: (b) the measures put in place by the producer or producer responsibility organisation are sufficient to allow for the return, collection, transport and treatment of all packaging waste in accordance with Article 43(1) and (2) and Article 44, free of charge, with a frequency proportionate to the area and volume covered, of packaging waste with regard to the amount and types of packaging made available on the market for the first time within the territory of a Member State by that producer or producers on whose behalf the producer responsibility organisation acts;

AddedArticle 43 – paragraph 1: 1. 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 in order to ensure that it is treated in accordance with Articles 4, 10 and 13 of Directive 2008/98/EC, and to facilitate its preparation for re-use and high quality recycling.

AddedArticle 43 – paragraph 1 a (new): 1a. In order to facilitate high quality recycling, Member States shall ensure that a system is in place to provide safe and equitable access to recycled materials for use in applications where the distinct quality of the recycled material is preserved or recovered in such a way that it can be recycled further and used in the same way and for a similar application, with minimal loss of quantity, quality or function.

AddedArticle 43 – paragraph 2: 2. Member States may allow derogations from the return and separate waste collection obligation in paragraph 1 for certain types of waste provided that collecting packaging or fractions of such packaging waste together or together with other waste does not affect the capacity of such packaging or fractions of packaging waste to undergo preparing for re-use, recycling or other recovery operations in accordance with Articles 4 and 13 of Directive 2008/98/EC and generates output from those operations which is of comparable quality to that achieved through separate collection.

AddedArticle 43 – paragraph 3 – point c a (new): (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 Member State concerned. / Point (ca) shall be without prejudice to commercially sensitive information or data protection laws.

AddedArticle 43 – paragraph 3 a (new): 3a. By 1 January 2029, Member States shall ensure that, in public spaces, sufficient separate collection systems are set up for the different fractions of packaging waste materials.

Article 43 – paragraph 5: deleted

Change 73

RemovedParagraph deleted as it repeats the paragraph 2.

AddedArticle 43 – paragraph 5 a (new): 5a. From 1 January 2030, Member States may ensure that packaging waste that is not separately collected is sorted prior to disposal or energy recovery operations to remove packaging designed for recycling.

RemovedArticle 44 – paragraph 3 – introductory part: 3. Without prejudice to paragraph 1 of this Article, a Member State will be exempted from the obligation under paragraph 1 provided that at least one of the following conditions is met:

AddedArticle 43 a (new): Article 43a / Mandatory separate collection / 1. By 1 January 2029, Member States shall take the necessary measures to ensure the separate collection of 90% of the materials listed in Article 46 in a given year by weight. / The objective referred to in the first subparagraph may be achieved through all the measures referred to in this Regulation, as well as through separate out-of-home collection measures. / 2. Paragraph 1 shall supplement separate collection targets laid down for single-use plastic bottles covered by Article 9 of Directive (EU) 2019/904.

RemovedPoints a) and b) are not cumulative as they are contradictory: A Member State that reaches the 90% target in 2026 does not need to notify a derogation and submit an implementation plan explaining how it will reach the 90% target in 2029. Only two exemption options should be available to Member States: (a) they meet the collection target within a given timeframe or (b) They can notify the Commission of an exemption request together with an implementation plan to reach the collection target.

AddedArticle 44 – paragraph 1 – point a: (a) single use plastic beverage bottles with the capacity of 0.1 litres up to three litres; and

AddedArticle 44 – paragraph 1 – point b: (b) single use metal beverage containers with a capacity of 0, 1 litres up to three litres.

AddedArticle 44 – paragraph 3 – introductory part: 3. Without prejudice to paragraph 1 of this Article, Member States will be exempted from the obligation under paragraph 1 provided that at least one of the following conditions is met:

Article 44 – paragraph 3 – point a: (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 equal or higher than 85% 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;

Change 74

RemovedIt is important to give a little more flexibility to Member States that have very high collection rates

AddedArticle 44 – paragraph 3 – point b: (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 separate collection rate by weight of the packaging referred to in point (a) of paragraph 3.

Change 75

ChangedArticle 44 – paragraph 3 – point b:7: (b)7. atA theMember latestState 24may, monthswhile beforeobserving the deadlinegeneral rules laid down in paragraph 1 of this Article, the Member State notifies the Commission of its request for exemptionTreaty and submitscomplying anwith implementationthe planprovisions showingset aout strategyin withthis concreteRegulation, actions,adopt includingprovisions timelinewhich thatgo ensurebeyond the achievement ofminimum therequirements separateset collectionout ratein bythis weightArticle ofand the packaging referredpossibility to ininclude paragraphpackaging 3a.for other products.

Change 76

AddedArticle 45 – paragraph 1: 1. By December 31, 2028, Member States shall take measures to ensure the set-up of systems for re-use of packaging with sufficient incentives for return and systems for refill in an environmentally sound manner. Those systems shall comply with the requirements laid down in Articles 24 and 25 and Annex VI of this Regulation and shall not compromise food hygiene or the safety of consumers.

AddedArticle 45 – paragraph 2 – point c: (c) requirements on manufacturers and final distributors to make available in reusable packaging within a system for re-use or through refill a certain percentage of other products than those covered by targets laid down in Article 26 on the condition that this does not lead to distortions on the internal market or trade barriers for products from other Member States.

AddedArticle 45 – paragraph 2 a (new): 2a. The Commission shall request European standardisation organisations the development of voluntary standards for reusable packaging, with the aim of promoting the characteristics needed for the deployment of well-designed re-use systems. Such standards shall address the design, labelling, cleaning, and traceability of reusable packaging, among other aspects. The Commission shall support the development and dissemination of such standards.

AddedArticle 45 – paragraph 2 b (new): 2b. Member States shall ensure that extended producer responsibility schemes and deposit systems dedicate a minimum share of their budget to financing reduction and prevention actions and re-use infrastructure for the deployment of re-use system.

AddedArticle 46 – paragraph 2 – introductory part: 2. Without prejudice to paragraph 1, point (a), and recognising the different starting point of each Member State in relation to the specific target defined for each material, a Member State, may postpone the deadlines set out in paragraph 1, points (b) (i) to (vi), by up to 5 years, under the following conditions:

Article 47 – paragraph 5: deleted

Change 77

RemovedDeletion of this paragraph as it is a repetition of paragraph 12

Article 47 – paragraph 9: 9. The amount of packaging waste materials that have ceased to be waste as a result of a recovery operation by which waste materials are reprocessed into products, materials or substances either for the original or other purposes may be counted as recycled. However, end-of-waste materials to be used as fuels or other means to generate energy, or to be incinerated, backfilled or landfilled, shall not be counted as recycled.

Change 78

RemovedAccording to Article 3(17) of Directive 2008/98/EC, recycling is a recovery operation (and not a preparatory operation) by which waste is reprocessed into products, materials or substances, whether for the original purpose or for other purposes. With the proposed amendments, the calculation rule is consistent with the definition of recycling and at the same time ensures that only recycled materials that are actually used in final consumer products are taken into account in the recycling targets of the Regulation.

AddedArticle 47 – paragraph 12: 12. Packaging waste exported from the Union shall be counted as recycled by the Member State in which it was collected only if the requirements set out in paragraph 3 are met and if, in accordance with Regulation (EC) No 1013/2006, the exporter provides documentary evidence approved by the competent authority of destination that the shipment of waste complies with the requirements of that Regulation, including that the treatment of packaging waste outside the Union took place under conditions that are equivalent to the requirements of the relevant Union environmental law.

AddedArticle 49 – paragraph 1 – point f: (f) the composting properties and appropriate waste management options for compostable packaging, including information to consumers that compostable packaging that is compostable in industrially controlled conditions is not to be thrown in home compost or nature.

AddedArticle 50 – paragraph 1 – subparagraph 1 – point b: (b) the annual consumption of very lightweight plastic carrier bags, lightweight plastic carrier bags, thick plastic carrier bags, very thick plastic carrier bags and paper carrier bags per person, separately for each category;

Article 50 – paragraph 2 – introductory part: 2. Member States shall report for each calendar year data on:

Change 79

RemovedSimple correction

Article 50 – paragraph 2 – point a: (a) the amounts of packaging placed on the market for each packaging type and material as listed in Table 1 of Annex II;

Change 80

RemovedSimple correction

Article 50 – paragraph 2 – point b: (b) amounts of separately collected packaging waste for each packaging material as listed in Table 3 in the Annex XII;

Change 81

RemovedSimple correction

Article 50 – paragraph 2 – point c: (c) the recycling rates of packaging waste as listed in Table 4 of Annex XII;

Change 82

RemovedSimple correction

AddedArticle 51 – paragraph 2 a (new): 2a. The packaging databases shall be accessible to the wider public in an open format that can be machine-readable and ensures interoperability and re-use of data.

Change 83

ChangedArticle 52 – paragraph 61 – introductory part:subparagraph 6.1: TheWithout informationprejudice to theArticle Commission19 andof the other Member States referred to in paragraph 4 shallRegulation be(EU) communicated2019/1020, throughwhere the information and communication system referred to inmarket Articlesurveillance 34authorities of Regulation (EU) 2019/1020 and shall include all available details,one inMember particularState thehave datasufficient necessaryreason forto thebelieve identificationthat ofpackaging thecovered non-compliantby packaging,this theRegulation originpresents ofa therisk packaging,to the nature of theenvironment non-complianceor allegedhuman and theanimal riskhealth, involved,they theshall, naturewithout andundue durationdelay, ofcarry theout nationalan measuresevaluation takenin andrelation theto argumentsthe putpackaging forwardconcerned bycovering theall relevantrequirements economiclaid operatordown and,in wherethis applicable,Regulation thethat informationare referredrelvant to in Articlethe 55(1).risk. The marketrelevant surveillanceeconomic authoritiesoperators shall also indicate whether the non-compliancecooperate isas duenecessary towith eitherthe ofmarket thesurveillance following:authorities.

Change 84

RemovedSimple correction

AddedArticle 52 – paragraph 6 – introductory part: 6. The information to the Commission and the other Member States referred to in paragraph 5 shall be communicated through the information and communication system referred to in Article 34 of Regulation (EU) 2019/1020 and shall include all available details, in particular the data necessary for the identification of the non-compliant packaging, the origin of the packaging, the nature of the non-compliance alleged and the risk involved, the nature and duration of the national measures taken and the arguments put forward by the relevant economic operator and, where applicable, the information referred to in Article 55(1). The market surveillance authorities shall also indicate whether the non-compliance is due to either of the following:

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.

Change 85

RemovedSimple correction

AddedArticle 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.

RemovedArticle 54 – paragraph 5 – subparagraph 3: On duly justified imperative grounds of urgency relating to the protection of the environment or human health, the Commission shall adopt an immediately applicable implementing act in accordance with the procedure referred to in Article 59(4) which shall remain in force for a period not exceeding three months.

AddedArticle 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.

RemovedArticle 8 Regulation (EU) 182/2011 provides limit of 6 months unless the basic act provides otherwise.

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

RemovedArticle 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 for carrying out their risk analysis under Article 25(3) of Regulation (EU) 2019/1020.

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