Changes from report parliamentary committee draft to plenary report

AddedRecital 28: (28) In order to ensure a high level of human and animal health protection in accordance with requirements in Union legislation and to avoid any risk to the security of supply and to the safety of medicines and medical devices safety, it is appropriate to provide for the exclusion from the obligation of a minimum recycled content in plastic packaging for immediate packaging as defined in Article 1, point 23, of Directive 2001/83/EC and in Article 4, point 25, of Regulation (EU) 2019/6, as well as for contact sensitive plastic packaging of medical devices covered by Regulation (EU) 2017/745, for contact sensitive packaging of in vitro diagnostics medical devices covered by Regulation (EU) 2017/746 and for contact-sensitive plastic packaging of foods intended for infants and young children and food for special medical purposes covered by Regulation (EU) No 609/2013. This exclusion should also apply to outer packaging of human and veterinary medicinal products as defined in Article 1, point 24, of Directive 2001/83/EC and in Article 4, point 26, of Regulation (EU) 2019/6 in cases where it has to comply with specific requirements to preserve the quality of the medicinal product. Finally, that exclusion should apply to inks, adhesives, paints, varnishes and lacquers used on packaging and for any plastic part representing less than 5% of the total weight of the whole packaging unit.

Change 3

ChangedRecital 2628 a (new): (26a) To(28a) ensureIn aorder fairto competitionachieve betweenthe materialstargets andfor avoidthe aintegration shiftof torecycled lesscontent environmentallyreferred performingto packaging,in andthis assessRegulation, the possibilityCommission ofshould similarpublish, requirementsno forlater otherthan types31 ofDecember materials,2025, thea Commissionreport shouldassessing carrythe outpossibility anof evaluationsetting oftargets for the integrationuse of recycledbio-based contentplastic inraw plasticmaterials packaging,in packaging in particularorder basedto onachieve the achievementtarget up to a maximum of the50%, targetsbased seton forsustainability 2030.requirements.

Change 4

RemovedSee justification for amendment in Article 7(11)

AddedRecital 29: (29) In order to prevent barriers to the internal market and ensure the efficient implementation of the obligations, economic operators should ensure that plastic packaging, on average per format, per manufacturing plant, and per year contains a certain minimum percentage of recycled content recovered from post-consumer plastic waste.

RemovedRecital 28: (28) In order to ensure a high level of human and animal health protection in accordance with requirements in Union legislation and to avoid any risk to the security of supply and to the safety of medicines and medical devices safety, it is appropriate to provide for the exclusion from the obligation of a minimum recycled content in plastic packaging for immediate packaging as defined in Article 1, point 23, of Directive 2001/83/EC and in Article 4, point 25, of Regulation (EU) 2019/6, as well as for contact sensitive plastic packaging of medical devices covered by Regulation (EU) 2017/745, for contact sensitive packaging of in vitro diagnostics medical devices covered by Regulation (EU) 2017/746 and for contact-sensitive plastic packaging of foods intended for infants and young children and food for special medical purposes covered by Regulation (EU) No 609/2013. This exclusion should also apply to outer packaging of human and veterinary medicinal products as defined in Article 1, point 24, of Directive 2001/83/EC and in Article 4, point 26, of Regulation (EU) 2019/6 in cases where it has to comply with specific requirements to preserve the quality of the medicinal product.

AddedRecital 31: (31) In order to ensure uniform conditions for the implementation of the rules on calculating and verifying, per post-consumer plastic waste in the packaging format, per manufacturing plant, and per year, the share of recycled content recovered from post-consumer plastic waste present, considering the environmental impact of the recycling process and establishing the format for technical documentation, the Commission should be empowered to adopt implementing provisions, in accordance with Article 5 of Regulation (EU) No 182/2011 of the European Parliament and of the Council55.

RemovedSee amendment for Article 7(3a)

AddedRecital 33: (33) The power to adopt acts in accordance with Article 290 of the Treaty should be delegated to the Commission in respect of amending the targets for mandatory recycled content in plastic packaging. In evaluating the justification of such a delegated act, the Commission should assess well-reasoned requests from natural and legal persons.

RemovedRecital 28 a (new): (28a) In order to achieve the targets for the integration of recycled content referred to in this Regulation, a pathway should be included in this Regulation to introduce targets for bio-based raw materials for virgin materials in packaging through delegated acts by 2026, with specific sustainability criteria.

AddedRecital 33 a (new): (33a) The Union packaging recycling market should be strengthened in order to improve the recycling rate, avoid landfill and minimise the export of waste to third countries. The development of Union recycling capacities should occur in cooperation with the sector's actors and industries, and be based on a regulated value chain allowing for quality checks, quality assurance, certification, logistics and pricing.

RemovedSee justification for amendment of Article 7(a).

AddedRecital 35: (35) The bio-waste waste stream is often contaminated with conventional plastics and the material recycling streams are often contaminated with compostable plastics. This cross-contamination leads to waste of resources, lower quality secondary raw materials and should be prevented at source. As the proper disposal route for compostable plastic packaging is becoming increasingly confusing for consumers, it is justified and necessary to lay down clear and common rules on the use of compostable plastic packaging, mandating it only when its use brings a clear benefit for the environment or for human health. This is particularly the case when the use of compostable packaging helps collect or dispose of bio-waste, for example for products where the separation between the content and packaging is particularly complex, such as tea bags or coffee pods.

RemovedRecital 29: (29) In order to prevent barriers to the internal market and ensure the efficient implementation of the obligations, economic operators should ensure that plastic packaging, per format, per plant, per year contains a certain minimum percentage of recycled content recovered from post-consumer plastic waste.

AddedRecital 36: (36) For limited packaging applications made of biodegradable plastic polymers, there is a demonstrable environmental benefit of using compostable packaging, which enters composting plants, including anaerobic digestion facilities under controlled conditions. In addition, the biodegradable waste should not lead to the presence of contaminants in the compost. To facilitate the use of compostable packaging that helps collect or dispose of bio-waste, the requirements of EN 13432 "Packaging - Requirements for packaging recoverable by composting and biodegradation - Test scheme and evaluation criteria for final acceptance of packaging" should be revised with regard to composting times, permissible levels of contamination and restrictions on the release of microplastic to allow these materials to be processed in bio-waste treatment facilities in an appropriate manner. In addition, a similar standard for home-composting should be established in the Union.

RemovedSee justification for amendment of article 7(1)

AddedRecital 40: (40) Packaging should be designed so as to minimise its volume and weight while maintaining its ability to perform the packaging functions. The manufacturer of packaging should assess the packaging against the performance criteria, as listed in Annex IV of this Regulation. In view of the objective of this Regulation to reduce packaging and packaging waste generation and to improve circularity of packaging across the internal market, it is appropriate to further specify the existing criteria and to make them more stringent. The list of the packaging performance criteria, as listed in the existing harmonised standard EN 13428:200057, should therefore be modified. While marketing and consumer acceptance remain relevant for packaging design, they should not be part of performance criteria justifying on their own additional packaging weight and volume. However, this should not compromise product specifications for craft and industrial products and food and agricultural products that are registered and protected under the EU geographical indication protection scheme, as part of the Union’s objective to protect cultural heritage and traditional know-how, or packaging design that is subject to legal protection under Council Regulation (EC) No 6/200257a. On the other hand, recyclability, the use of recycled content, and re-use may justify additional packaging weight or volume, and should be added to the performance criteria. Packaging with double walls, false bottoms and other charact…

RemovedRecital 31: (31) In order to ensure uniform conditions for the implementation of the rules on calculating and verifying, per post-consumer plastic waste in the packaging format, per plant, per year, the share of recycled content recovered from post-consumer plastic waste present, considering the environmental impact of the recycling process and establishing the format for technical documentation, the Commission should be empowered to adopt implementing provisions, in accordance with Article 5 of Regulation (EU) No 182/2011 of the European Parliament and of the Council55.

AddedRecital 44: (44) It is necessary to inform consumers and to enable them to appropriately dispose of any packaging waste. The most appropriate manner to do this is to establish a harmonised labelling system based on the material composition of packaging for sorting of waste, and to pair it with corresponding labels on waste receptacles. The need for such a harmonised labelling system to be recognised by all citizens irrespective of their circumstances, such as age and language knowledge, should be a guiding factor in their design. This can be achieved through the use of pictograms with minimal language used. This would also serve to minimise the costs for translation of language used, which would otherwise be required.

RemovedConsistent with amendment in article 7.1.

RemovedRecital 32: deleted

RemovedSee amendment in Article 7(2).

RemovedRecital 33: deleted

RemovedAs stated in the amendment to recital 28a, the mandatory inclusion of recycled content is an economic tool to stimulate the recycling of packaging and to create a robust market for recyclate. The possibility to give the Commission the power of delegated act to suspend, even temporarily, the recycled content targets goes against this logic of creating a stable and robust plastic recyclate market over time.

RemovedRecital 33 a (new): (33a) The Union packaging recycling market should be strengthened in order to improve the recycling rate, avoid landfill and minimise the export of waste to third countries. The development of Union recycling capacities should happen in cooperation with the sector's actors and industries, and be based on a regulated value chain allowing for quality checks, quality assurance, certification, logistics and pricing.

RemovedIn order to achieve the objectives set out in Article 7 of this Regulation, a robust European market for plastic recyclates must be established.

RemovedRecital 35: (35) The bio-waste waste stream is often contaminated with conventional plastics and the material recycling streams are often contaminated with compostable plastics. This cross-contamination leads to waste of resources, lower quality secondary raw materials and should be prevented at source. As the proper disposal route for compostable plastic packaging is becoming increasingly confusing for consumers, it is justified and necessary to lay down clear and common rules on the use of compostable plastic packaging, mandating it only when its use brings a clear benefit for the environment or for human health. This is particularly the case when the use of compostable packaging helps collect or dispose of bio-waste, for example for products where the separation between the content and packaging is particularly complex, such as tea bags.

RemovedSelf-justification

RemovedRecital 36: (36) For limited packaging applications made of biodegradable plastic polymers, there is a demonstrable environmental benefit of using compostable packaging, which enters composting plants, including anaerobic digestion facilities under controlled conditions. In addition, the biodegradable waste should not lead to the presence of contaminants in the compost. They should comply with the requirements of EN 13432 "Packaging - Requirements for packaging recoverable by composting and biodegradation - Test scheme and evaluation criteria for final acceptance of packaging". However, the standard should be revised with regard to the requirements for biodegradable plastic waste - for example, with regard to composting times, permissible levels of contamination and other requirements necessary to actually allow these materials to be processed in bio-waste treatment facilities in an appropriate manner.

RemovedThere is increasing scientific evidence that a number of conditions have to be met to ensure that the production and use of these bio-based, biodegradable and compostable plastics result in overall positive environmental outcomes and do not exacerbate problems of plastic pollution and biodiversity loss. Before legislating further, and given the differences in approach between Member States, the Commission's priority is to request the revision of the existing European standard EN 13432 with a view to clarifying the concepts of biodegradability and compostability.

RemovedRecital 37: deleted

RemovedMandatory compostability of packaging should be limited to very specific applications, where it is very difficult to separate the organic content from the packaging, as for example in tea bags. The current Regulation seems to take into account all possible applications, and it is therefore unnecessary to provide for the possibility of an additional delegated act.

RemovedRecital 41: (41) In order to comply with the packaging minimisation requirements, particular attention should be paid to limiting the empty space, grouped and transport packaging, including e-commerce packaging. The minimisation criteria for e-commerce packaging should also meet the performance criteria set out in Part I of Annex IV.

RemovedSee amendment for Article 21(1)

RemovedRecital 44: (44) It is necessary to inform consumers and to enable them to appropriately dispose of any packaging waste. The most appropriate manner to do this is to establish a harmonised labelling system based on the material composition of packaging for sorting of waste, and to pair it with corresponding labels on waste receptacles.

RemovedLabelling requirements should apply to all packaging materials for which there is a defined waste management route.

Recital 44 a (new): (44a) Sorting is an essential step to ensure greater circularity of packaging. The improvement of sorting capacities, notably through technological innovations, should be encouraged in order to allow a better quality of sorting, and thus a better quality of feedstock for recycling.

Change 5

RemovedQuite forgotten in the framework of this Regulation, the sorting stage is nevertheless essential in order to guarantee a good treatment of waste, and subsequently to guarantee a high quality of recycling.

AddedRecital 49: (49) To support the implementation of the objectives of this Regulation, consumers should be protected from misleading and confusing information about packaging characteristics and its appropriate end-of-life treatment, for which harmonised labels have been established under this Regulation

RemovedRecital 47: (47) In order to inform end-users about reusability, availability of systems for re-use and location of collection points as regards reusable packaging, such packaging should bear a QR code or other data carrier that provides such information. The QR code should also facilitate tracking and the calculation of trips and rotations. In addition, reusable sales packaging should be clearly identified at the point of sale. To avoid misleading consumers and prevent confusion, labelling of reused packaging should clearly indicate the preferred means of sorting.

RemovedSelf-justification.

Recital 50 a (new): (50a) An expert group should be set up with a balanced participation of representatives of Member States and all parties concerned with packaging. The group should be referred to as the "Packaging Forum" and should contribute in particular to preparing, developing and clarifying sustainability requirements, reviewing the effectiveness of established market surveillance mechanisms and assessing any self-regulatory measures.

Change 6

RemovedSee new article 12 a creating a Packaging forum.

AddedRecital 60: (60) The problem of excessive packaging waste generation cannot be fully addressed by setting obligations on packaging design. For certain packaging types, obligations to reduce the empty space should be set on economic operators in terms of reducing the empty space when using such packaging. In case of grouped, transport and e-commerce packaging used for supply of products to final distributors or end user, the empty space ration should not exceed 40 %. In line with the waste hierarchy, it should be possible for economic operators using sales packaging as e-commerce packaging to be exempted from this obligation. That obligation shall not apply to reusable packaging.

RemovedRecital 51: (51) Economic operators should ensure that packaging complies with the requirements under this Regulation. They should take appropriate measures to ensure such compliance in relation to their respective roles in the supply chain in order to ensure the free movement of packaging in the internal market and to improve its sustainability. In a waste reduction approach, economic actors are strongly encouraged to put in place waste reduction plans, along the lines of those submitted by Member States, in order to ensure better circularity of their packaging and reduce their environmental impacts.

RemovedMember States are required to submit packaging reduction plans. In line with this, economic actors, especially large companies, are encouraged to do the same, in order to better integrate circular packaging practices into their business model.

RemovedRecital 60: (60) The problem of excessive packaging waste generation cannot be fully addressed by setting obligations on packaging design. For certain packaging types, obligations to reduce the empty space should be set on economic operators in terms of reducing the empty space when using such packaging. In case of grouped, transport and e-commerce packaging used for supply of products to final distributors or end user, the empty space ration should not exceed 40 %, and be compatible with the requirements set out in Annex IV. In line with the waste hierarchy, it should be possible for economic operators using sales packaging as e-commerce packaging to be exempted from this obligation.

RemovedSee amendment for Article 21(1)

RemovedRecital 61: (61) In order to ensure a high level of environmental protection in the internal market as well as a high level of food safety and hygiene, and facilitate the achievement of the packaging waste prevention targets, unnecessary or avoidable packaging should not be allowed to be placed on the market. The list of such packaging formats is provided in Annex V of this Regulation. In order to adapt the list to the technical and scientific progress the power to adopt acts in accordance with Article 290 of the Treaty should be delegated to the Commission to add other packaging formats to the list.

RemovedSee amendment for Article 22(4)

Recital 65: (65) To incentivise waste prevention, a new concept of ‘refill’ should be introduced. Refill should be considered as a specific waste prevention measure that counts towards and is necessary for meeting the prevention targets as set out in this Regulation.

Change 7

RemovedSee justification for amendment to Article 26 - Title.

Recital 66: (66) Where economic operators offer the possibility to purchase products through refill, they should ensure that their refill stations meet certain requirements in order to ensure the health and safety of consumers. In this context, where the consumers use their own containers, the economic operators should therefore inform about the conditions for safe refill and use of those containers. In order to encourage refill, economic operators should not provide packaging free of charge or not being a part of deposit and return system at the refill stations. Economic actors should be exempted from liability for food safety problems that could arise from the use of containers provided by consumers.

Change 8

RemovedSee justification for amendment 25(4)

AddedRecital 67: (67) In order to reduce the increasing proportion of packaging that is single use and the growing amounts of packaging waste generated, it is necessary to establish quantitative re-use targets on packaging in sectors, which have been assessed as having the greatest potential for packaging waste reduction, namely food and beverages for take-away, large-white goods and transport packaging. This was appraised based on factors such as existing systems for re-use, necessity of using packaging and the possibility of fulfilling the functional requirements in terms of containment, tidiness, health, hygiene and safety. Differences of the products and their production and distribution systems were also taken into account. The setting of the targets is expected to support the innovation and increase the proportion of re-use and refill solutions. Single use packaging for food and beverages filled and consumed, within the premises in the HORECA sector should not be allowed. Consumers should always have the option to purchase food and beverages for take-away in reusable or their own containers at conditions not less favourable than food and beverages offered in single-use packaging. Economic operators selling food or beverages for take-away should offer consumers the option to purchase the food or beverages in their own containers and the option to purchase beverages in reusable packaging.

RemovedRecital 67: (67) In order to reduce the increasing proportion of packaging that is single use and the growing amounts of packaging waste generated, it is necessary to establish quantitative re-use targets on packaging in sectors, which have been assessed as having the greatest potential for packaging waste reduction, large-white goods and transport packaging. This is appraised based on factors such as existing systems for re-use, necessity of using packaging and the possibility of fulfilling the functional requirements in terms of containment, tidiness, health, hygiene and safety. Differences of the products and their production and distribution systems, were also taken into account. The setting of the targets is expected to support the innovation and increase the proportion of re-use solutions. The use of single use packaging for food and beverages filled and consumed within the premises in the HORECA sector should not be allowed.

AddedRecital 68: (68) To increase their effectiveness and ensure the equal treatment of economic operators, re-use targets should be placed on the final distributors. The targets should be calculated as a percentage of sales in reusable packaging within a system for re-use or, in case of transport packaging, as a percentage of uses. The targets should be material neutral. In order to ensure uniform conditions for the implementation of targets for re-use and refill, the power to adopt an implementing act in accordance with Article 291 of the Treaty on the methodology for their calculation, should be conferred to the Commission.

RemovedIn the European Union, there is no consistent system of re-use for take-away food and drink. Furthermore, reuse and refill concepts should not be mixed as they have a different function in the concept of circularity.

RemovedRecital 68: (68) To increase their effectiveness and ensure the equal treatment of economic operators, re-use targets should be placed on the final distributors. The targets should be calculated as a percentage of sales in reusable packaging within a system for re-use or, in case of transport packaging, as a percentage of uses. The targets should be material neutral. In order to ensure uniform conditions for the implementation of targets for re-use and refill, the power to adopt an implementing act in accordance with Article 291 of the Treaty on the methodology for their calculation, should be delegated to the Commission.

RemovedSee justification to amendment of Article 26 - Title. Following, the legislation in place in different Member States for reuse in beverage sectors, the mandatory targets should be put only on the final distributor and the targets should be aspirational for manufacturers.

RemovedRecital 70: (70) Achieving re-use targets can be challenging for smaller economic operators. Therefore, certain economic operators should be exempted from the obligation to meet the packaging re-use targets if they place less than a certain volume of packaging on the market, or fulfil the definition of micro-company under Commission Recommendation 2003/36160, or have the sales area, including all storage and dispatch areas, under a certain surface limit. The power to adopt acts in accordance with Article 290 of the Treaty should be delegated to the Commission to establish re-use targets for other products or to lay down further exemptions for other economic operators.