Changes from report parliamentary committee draft to plenary report

RemovedParagraph needed related to Controls on products entering the Union market

AddedArticle 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.

Change 86

ChangedArticle 58 – paragraph 2:3: 2.3. The power to adoptdelegation delegatedof actspower 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) shallmay 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 arevoked reportat inany respecttime ofby the delegation of power no later than nine months beforeEuropean theParliament endor ofby the five-year period.Council. TheA delegationdecision ofto powerperiod shall be tacitly extended forby periodstwo ofmonths anat identicalthe duration,initiative unlessof the European Parliament or the Council opposes such extension no later than 3 months before the end of eachthe period.Council.

Change 87

RemovedThe empowerment of the Commission should be limited to the regular 5-year period.

AddedArticle 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.

RemovedAnnex I: Beverage system capsules (e.g. coffee, cacao, milk) intended to be disposed empty after use

AddedArticle 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.

RemovedIt clarifies the type of coffee/cacao/milk capsule the Annex wishes to cover.

AddedArticle 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…

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

AddedArticle 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.

RemovedThis table, with comprehensive description for each specific design, provides better visibility on the criteria that the Commission will take into account when drawing up its recyclability criteria, via delegated act, under the conditions described in Article 6.

AddedArticle 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 …

RemovedThis amendment provides the necessary clarifications concerning the performance levels (from A to E) that will determine the amount of contributions that producers will have to pay under EPR systems should be taken over: the higher the recycling performance level, the lower the contribution for the producer.

AddedArticle 64 – paragraph 2 – point a: (a) Article 8(2) of Directive 94/62/EC shall continue to apply until [OP: Please insert the date = 30 months after the entry into force of the implementing act referred to in Article 11(5)];

RemovedSee the cross-cutting justification in previous Amendment.

AddedArticle 64 – paragraph 2 – point a a (new): (aa) Article 9(1) and (2) of Directive 94/62/EC shall continue to apply with regard to the essential requirements pursuant to Annex II, point 1, first indent until 31 December 2029;

RemovedSee the cross-cutting justification in previous Amendment.

AddedAnnex I – paragraph 12: Tea or coffee bags and pads, beverage system capsules (e.g. single-serve units for tea or coffee)

RemovedSee the cross-cutting justification in previous Amendment.

AddedAnnex I – paragraph 14 a (new): Boxes used for toothpaste tubes

RemovedSee the cross-cutting justification in previous Amendment.

AddedAnnex I – paragraph 44 a (new): Tyre labelling stickers (EU 2020/740)

RemovedAnnex III – point c a (new): (ca) it is compliant with standard EN 13432 or any relevant new EU standard

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

RemovedLink with amendment of Article 8(2) and 8(6a)

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

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

AddedAnnex 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,

RemovedLink with amendment of Article 8(2) and 8(6a)

AddedAnnex 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;

RemovedThis is a cross-cutting application for all beverage packaging formats. In order to complete the list, it therefore seems logical to include bottles as well

AddedAnnex 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.

Removed"Unless it is necessary to avoid loss of water or turgidity, microbiological hazards or physical shocks" are unclear criteria, and do not give sufficient visibility on which fruit and vegetable packages will be concerned. In order to add clarity to this ban, while ensuring a high level of food safety and avoiding food waste, it is advisable to ask the European Food Safety Agency to draw up this list, also providing for derogations for PDO and PGI fruit and vegetables, registered in the EU geographical indications register (eAmbrosia), which may have special storage conditions.

AddedAnnex IV – Part I – point 6: 6. Legal requirements: the packaging design shall ensure that the packaging and packaged product can comply with the applicable legislation including the protection of geographical indications protected under Union legislation or the legal protection under Regulation (EC) No 6/2002.

AddedAnnex IV – Part II – paragraph 1 – point a: (a) for each performance criterion as listed in Part I, a list of design requirements which prevent further reduction of the packaging weight or volume without endangering the packaging functionality, including safety and hygiene, for the packaged product, packaging and user. The method used for the identification of these design requirements shall be described, and the reasons preventing further reduction of the packaging weight or volume shall be explained. All reduction opportunities with a given packaging material shall be investigated, such as the reduction of any superfluous layer which does not perform a packaging function. Substitution of one packaging material with another shall not be considered sufficient;

AddedAnnex 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.

Change 88

RemovedThe reconditioning process of reusable packaging can have a significant impact on the environment if it is not carried out by experienced economic operators and in compliance with many European legislations. In particular, the cleaning and washing processes produce residues that need to be managed accordingly, in order to minimise the impact on the environment.

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

Change 89

RemovedReformulation to allow the consumer to know the exact quantity of the product they are buying via the refill, rather than just the weight of its initial packaging

AddedAnnex 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;

RemovedAnnex X – point j: (j) part of the annual turnover of the system operator is used for public awareness campaigns on the management of packaging waste covered by the DRS system;

AddedAnnex 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;

RemovedEconomic operators should have the freedom to decide how much of their turnover to allocate to information campaigns concerning DRS systems.

AddedAnnex 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.

RemovedAnnex X – 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;

AddedAnnex 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.

RemovedAnnex X – 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

RemovedClarification that labelling should only apply to packaging that is covered by a DRS system, and should not apply to packaging that has to be collected separately.

RemovedAnnex X: 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 and for the same or similar product category it comes from.