Changes from report parliamentary committee draft to plenary report

Change 24

RemovedSelf-justification.

AddedArticle 6 – paragraph 5 – subparagraph 1: From 36 months after the date of publication of the delegated acts referred to in paragraph 4, packaging shall not be considered recyclable if it corresponds to performance grade E under the design for recycling criteria established in the delegated act adopted pursuant to paragraph 4 for the packaging category, to which the packaging belongs.

RemovedArticle 6 – paragraph 2 – subparagraph 1 – point b: deleted

AddedArticle 6 – paragraph 5 – subparagraph 1 a (new): From 96 months after the date of publication of the delegated acts referred to in paragraph 4, packaging shall not be considered recyclable if it corresponds to performance grade D or below under the design for recycling criteria established in the delegated act adopted pursuant to paragraph 4 for the packaging category, to which the packaging belongs.

RemovedParagraphs b, c and d are not deleted permanently, but simply redistributed in the criteria to be taken into account when drafting the delegated acts on recyclability criteria, and on recyclability at scale.

AddedArticle 6 – paragraph 5 – subparagraph 1 b (new): From 36 months after the date of publication of the delegated acts referred to in paragraph 6, packaging shall not be considered recyclable if it does not comply with the recyclability at scale requirements laid down in the delegated acts adopted pursuant to paragraph 6.

RemovedArticle 6 – paragraph 2 – subparagraph 1 – point c: deleted

RemovedParagraphs c, d and e are not deleted permanently, but simply redistributed in the criteria to be taken into account when drafting the delegated acts on recyclability criteria, and on recyclability at scale.

RemovedArticle 6 – paragraph 2 – subparagraph 1 – point d: deleted

RemovedParagraphs b, c and d are not deleted permanently, but simply redistributed in the criteria to be taken into account when drafting the delegated acts on recyclability criteria, and on recyclability at scale.

RemovedArticle 6 – paragraph 2 – subparagraph 1 – point e: (e) it is recyclable at scale according to the methodology established in delegated acts adopted by the Commission pursuant to paragraph 6.

RemovedSelf-justification.

RemovedArticle 6 – paragraph 2 – subparagraph 2: deleted

RemovedClarification of the date from Article 6(1)

RemovedArticle 6 – paragraph 3: deleted

RemovedDeleted as incorporated in paragraph 6 (2).

RemovedArticle 6 – paragraph 3 a (new): 3a. All packaging corresponding to performance grade E, according to the design for recycling criteria, and all packaging assessed as not being recyclable at scale, shall not be considered as recyclable.

RemovedClarification, induced in the Commission's version, that packaging with a grade E, and packaging considered non-recyclable at scale, are not considered recyclable.

RemovedArticle 6 – paragraph 4 – subparagraph 1: By 1 January 2027 the Commission shall adopt delegated acts in accordance with Article 58 to supplement this Regulation concerning: / (a) design for recycling criteria, performance grades for the packaging categories listed in Annex II, and rules for the modulation of financial contributions to be paid by producers to comply with their extended producer, based on the parameters listed in Annex II, table 3, and on the criteria set out in paragraph 7 and responsibility obligations set out in Article 40(1); / (b) methodology to assess the recyclability at scale of packaging, based on the criteria set out in paragraph 6.

RemovedEconomic actors need to anticipate the requirements for recyclability of packaging, so that they can adapt their practices accordingly. This amendment, in addition to clarifying the structure of the paragraph, sets dates by which the Commission must publish the relevant delegated acts.

RemovedArticle 6 – paragraph 5 – subparagraph 1: deleted

RemovedNew paragraph 6(3).

Article 6 – paragraph 5 – subparagraph 2: deleted

Change 25

RemovedMention directly in the amendment to Article 6(4)

AddedArticle 6 – paragraph 6 – introductory part: 6. No later than 60 months after the date of publication of the delegated acts referred to in paragraph 4 the Commission shall adopt delegated acts in accordance with Article 58 to supplement this Regulation , for each packaging type listed in Table 1 of Annex II, in order to establish the methodology to assess if packaging is recyclable at scale. That methodology shall be based at least on the following elements:

Change 26

ChangedArticle 6 – paragraph 6 – introductorypoint part:b: 6.(b) Theamounts delegatedof actseparately establishing,collected forpackaging eachwaste, per packaging typematerial listed in Table 1 of Annex II, in the methodologyUnion toas assesswhole ifand packagingin iseach recyclableMember atState, scaletaking shallinto beaccount basedMember atStates leastobligations onunder theArticle following43 elements:of this Regulation;

Change 27

RemovedRewording, in order to require that the Commission take these criteria into account when drafting the delegated act on recyclability at scale.

AddedArticle 6 – paragraph 6 – point d: (d) installed infrastructure capacities for sorting and recycling in the Union as a whole for each packaging type listed in Table 1 of Annex II, taking into account Member States’ obligations under Article 43 of this Regulation.

RemovedArticle 6 – paragraph 7 – introductory part: 7. The delegated acts establishing design for recycling criteria, performance grades and modulation of financial contributions shall:

AddedArticle 6 – paragraph 6 – subparagraph 1 a (new): The data referred to in points (a) to (d) shall be available and easily accessible by the public.

RemovedThe purpose of this amendment, together with the amendments below, is to clarify the criteria to be used by the Commission when drawing up delegated acts concerning recycling criteria, performance grades and modulation of financial contributions. No criteria have been deleted, but simply reorganised to better reflect the importance of each element to be taken into account.

AddedArticle 6 – paragraph 7: deleted / (deleted) / (deleted) / (deleted) / (deleted) / (deleted)

RemovedArticle 6 – paragraph 7 – point a: (a) describe the manner in which to express the result of the recyclability assessment in recyclability performance grades from A to E, as described in Table 3 of Annex II, based on the percentage of the packaging unit, in weight, which is recyclable according to paragraph 1;

AddedArticle 6 – paragraph 7 a (new): 7a. Where proven to be environmentally beneficial and technically feasible, Member States may, especially through design of schemes established in compliance with Article 44, prioritise recycling of packaging so that it can be subsequently recycled and used in the same way or for a similar application, with minimal loss of quantity, quality or function, whereby producers obliged to meet recycled content targets can benefit from fair access to the material derived from the recycled packaging.

RemovedSee justification for amendment to Article 6(7) - introductory part

RemovedArticle 6 – paragraph 7 – point a a (new): (aa) take into consideration state-of-the-art collection, sorting and recycling processes and cover all packaging components;

RemovedSee justification to amendment of Article 6(7) - introductory part

RemovedArticle 6 – paragraph 7 – point b: (b) establish detailed design for recycling criteria for each packaging material and category listed in Table 1 of Annex II;

RemovedSee justification for amendment to Article 6(7) - introductory part

RemovedArticle 6 – paragraph 7 – point c: (c) contain a description, for each packaging category listed in Table 1 of Annex II, of the conditions for compliance with the respective performance grades;

RemovedSee justification for amendment of Article 6(7) - introductory part

RemovedArticle 6 – paragraph 7 – point d: (d) establish the modulation of the financial contributions to be paid by producers to comply with their extended producer responsibility obligations as referred to in Article 40, based on the packaging performance grade;

RemovedSee justification for amendment to Article 6(7) - introductory part

RemovedArticle 6 – paragraph 7 – point e: deleted

RemovedMoving the set of criteria concerning recyclability at scale in Article 6(6)

Article 6 – paragraph 8 – subparagraph 1: Compliance with the requirements set out in paragraphs 2 and 3 shall be demonstrated in the technical documentation concerning the packaging as set out in Annex VII and take into consideration the following elements:

Change 28

RemovedSimple clarification, with a shift in the elements of paragraph 8

AddedArticle 6 – paragraph 8 – subparagraph 2: (a) where a unit of packaging includes integrated components, the assessment of compliance with the design for recycling criteria and with the at scale recyclability requirements shall include all integrated components.

Change 29

ChangedArticle 6 – paragraph 8 – subparagraph 2:3: (a)(b) where a unit of packaging includes integratedseparate components, the assessment of compliance with the design for recycling criteriarequirements and with the at scale recyclability requirements shall includebe alldone separately for each separate component; if an integrated components;component of the packaging unit is easily separable by hand and there are clear instructions for the consumer, the overall recyclability shall be a combination of the assessments for each individual component;

Change 30

RemovedArticle 6 – paragraph 8 – subparagraph 3: (b) where a unit of packaging includes separate components, the assessment of compliance with the design for recycling requirements and with the at scale recyclability requirements shall be done separately for each separate component;

Article 6 – paragraph 8 – subparagraph 4: (c) all components of a unit of packaging shall be compatible with the state of the art collection, sorting and recycling processes and shall not hinder the recyclability of the main body of the unit of packaging.

Change 31

ChangedArticle 6 – paragraph 9 – subparagraph 1: From 136 Januarymonths 2030,after the date of publication of the delegated acts referred to in paragraph 4, and by way of derogation from the requirements ofset out in this article,Article, innovative packaging may be placed on the market for a maximum period of 5 years after the end of the calendar year when it has been placed on the market.

Change 32

RemovedArticle 6 – paragraph 10 – point c a (new): (ca) 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.

AddedArticle 6 – paragraph 9 – subparagraph 1 a (new): The Commission shall constantly monitor the impact of the derogation referred to in the first subparagraph on the amount of packaging placed on the market. The Commission shall, where appropriate, adopt a legislative proposal with a view to amending the first subparagraph.

RemovedPlastic packaging for food intended for infants and young children has similar food safety requirements to packaging for medical products, and therefore should have the same flexibility to meet the requirements of this Regulation.

AddedArticle 6 – paragraph 9 – subparagraph 2: Innovative packaging shall be accompanied by technical documentation, referred to in Annex VII, demonstrating its innovative nature, its overall environmental benefit and showing compliance with the definition in Article 3(37) of this Regulation.

RemovedArticle 6 – paragraph 11: 11. The financial contributions to be paid by producers to comply with their extended producer responsibility obligations as referred to in Article 40 shall be modulated on the basis of the recyclability performance grade, as determined in accordance with the delegated acts referred to in paragraphs 6 and 7 of this Article and, as regards plastic packaging, also in accordance with the Article 7(6).

AddedArticle 6 – paragraph 9 – subparagraph 3: After the period referred to in the first sub-paragraph, such packaging shall be accompanied by the technical documentation referred to in paragraph 8 and shall therefore be in compliance with the requirements set out in this Article.

RemovedArticle 7 – paragraph 1 – introductory part: 1. From 1 January 2030, the plastic part in packaging placed on the market shall contain the following minimum percentage of recycled content recovered from post-consumer plastic waste, per format packaging, per plant, per year:

AddedArticle 6 – paragraph 10 – introductory part: 10. Until 72 months after the date of publication of the delegated act referred to in paragraph 6, this Article shall not apply to the following: