Changes from report parliamentary committee draft to plenary report

RemovedThe application of this "per unit" measure is rather restrictive, and does not correspond to the industrial realities of the sector. While keeping the same level of ambition, the application of "per format packaging per plant per year" allows for a much more representative accounting view of the integration of recycled content.

AddedArticle 6 – paragraph 10 – point b: (b) contact sensitive packaging of medical devices covered by Regulation (EU) 2017/745;

RemovedArticle 7 – paragraph 1 – point b: deleted

AddedArticle 6 – paragraph 10 – point c: (c) contact sensitive packaging of in vitro diagnostics medical devices covered by Regulation (EU) 2017/746.

RemovedThe technology to achieve this goal for contact-sensitive non-PET packaging does not exist today. Considering the very short timeframe to reach this target, the Commission should not make technological bets on recycling, and therefore not set targets for the integration of unattainable recycled content.

AddedArticle 6 – paragraph 10 – point c a (new): (ca) contact sensitive packaging for infant formula and follow-on formula, processed cereal-based food and baby food, and food for special medical purposes as defined in Article 1, points (a), (b) and (c), of Regulation (EU) No 609/2013.

RemovedArticle 7 – paragraph 2 – introductory part: 2. From 1 January 2040 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 a (new): 10a. The Commission shall assess the need to extend the derogation established under paragraph 10. That assessment shall take into account the available scientific guidelines of the relevant regulatory authorities, the state of scientific and technical progress, and the availability and prices of recyclable materials. On that basis and after consultation with relevant stakeholders, the Commission shall present, if appropriate, a legislative proposal.

RemovedSame justification as for the amendments to Article 7(1) on packaging being placed on the EU market, and unit of packaging.

AddedArticle 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 4 and 6 of this Article and, as regards plastic packaging, also in accordance with the Article 7(6). Financial contributions shall, in accordance with Article 8a of Directive 2008/98/EC, be earmarked to finance the net cost of collection, sorting and recycling infrastructures of the packaging type it is paid for, following the categories set in Annex II, Table 1.

RemovedArticle 7 – paragraph 2 a (new): 2a. Economic operators shall be exempted from the obligation to meet the targets in paragraphs 1 and 2 if, during a calendar year, they: / (a) produce no more than 100 tonnes of plastic; or / (b) comply with the definition of microenterprise in accordance with the rules set out in the Commission Recommendation 2003/361/EC1a. / 1a Commission Recommendation of 6 May 2003 concerning the definition of micro, small and medium-sized enterprises (OJ L 124, 20.5.2003, p. 36).

AddedArticle 6 a (new): Article 6a / Inert packaging / By 1 January 2029, the Commission shall adopt delegated acts in accordance with Article 21a in order to supplement this Regulation where necessary to deal with any difficulties encountered in applying the provisions of this Regulation, in particular, to inert packaging materials placed on the market in very small quantities (i.e. approximately 0,1 % by weight) in the Union.

RemovedSmaller economic actors will find it more difficult to source recycled plastics to meet the requirements in this article. A maximum of 2,000 plastic packaging converters representing 10% of the sector could benefit from this derogation already provided for in Article 26 on reuse targets.

AddedArticle 7 – paragraph 1 – introductory part: 1. From 1 January 2030, the plastic part in packaging placed on the market shall, unless this results in non-compliance with food safety requirements laid down at Union level, contain the following minimum percentage of recycled content recovered from post-consumer plastic waste, per packaging format as referred to in Table 1 of Annex II, calculated as an average per manufacturing plant, per year:

RemovedArticle 7 – paragraph 3 – point e (new): (e) 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 7 – paragraph 1 – point a: (a) 30 % for contact sensitive packaging, except single use beverage bottles, made from polyethylene terephthalate (PET) as the major component;

RemovedSee justification for amendment of Article 6(10a).

AddedArticle 7 – paragraph 1 – point b: (b) 7,5 % for contact sensitive packaging made from plastic materials other than PET, except single use plastic beverage bottles;

Change 33

ChangedArticle 7 – paragraph 4: 4. Paragraphs 1 and– 2point shalld: not(d) apply35 to% compostablefor plastic packaging other than those referred to in Articlepoints 8(1).(a), (b) and (c).

Change 34

ChangedArticle 7 – paragraph 6:2 6.– Byintroductory part: 2. From 1 January 2030,2040, the financial contributionsplastic paidpart byin producerspackaging toshall complycontain withthe theirfollowing extendedminimum producerpercentage responsibilityof obligationsrecycled ascontent laidrecovered downfrom inpost-consumer Articleplastic 40,waste, shallper bepackaging modulatedformat basedas onreferred theto percentagein ofTable recycled1 contentof orAnnex bio-basedII, contentper usedmanufacturing inplant, theper packaging.year:

Change 35

RemovedIf economic actors can meet part of the recycled content requirements with bioplastics, then the presence of bio-sourced plastics should be taken into account in the modulation of EPR fees.

AddedArticle 7 – paragraph 2 – point a a (new): (aa) 25% for contact sensitive packaging made from plastic materials other than PET.

AddedArticle 7 – paragraph 2 a (new): 2a. Economic operators shall be exempted from the obligation to meet the targets in paragraphs 1 and 2 if, during a calendar year, they fall within the definition of microenterprise set out in the Commission Recommendation 2003/361/EC1a. / 1a Commission Recommendation of 6 May 2003 concerning the definition of micro, small and medium-sized enterprises (OJ L 124, 20.5.2003, p. 36).

AddedArticle 7 – paragraph 3 – point b: (b) contact sensitive plastic packaging of medical devices, or devices exclusively destined for research use and investigational devices covered by Regulation (EU) 2017/745;

AddedArticle 7 – paragraph 3 – point d a (new): (da) contact sensitive plastic packaging for food intended for infants and young children, food for special medical purposes and packaging for drinks and food typically used for young children as defined in Article 1, points (a), (b) and (c), of Regulation (EU) No 609/2013.

AddedArticle 7 – paragraph 3 – point d b (new): (db) 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 is needed to be in line with the quality standards of the medicinal product

AddedArticle 7 – paragraph 4: 4. Paragraphs 1 and 2 shall not apply to : / (a) compostable plastic packaging; / (b) inks, adhesives, paints, varnishes and lacquers used on packaging; / (c) any plastic part representing less than 5% of the total weight of the whole packaging unit.

AddedArticle 7 – paragraph 4 a (new): 4a. Member States shall ensure that comprehensive collection and sorting infrastructures are in place to facilitate recycling and to ensure availability plastic feedstock for recycling.

AddedArticle 7 – paragraph 5: 5. Compliance with the requirements set out in paragraphs 1 and 3 shall be demonstrated by economic operators in the technical information concerning the packaging referred to in Annex VII.

Article 7 – paragraph 7: 7. By 31 December 2026, the Commission shall adopt delegated acts in accordance with Article 58 in order to supplement this Regulation by establishing the methodology for the calculation and verification of the percentage of recycled content recovered from post-consumer plastic waste and the format for the technical documentation referred to in Annex VII. Those delegated acts shall take into account the environmental impact of the recycling process.

Change 36

RemovedThe measures to be adopted by the Commission through comitology are measures relating to essential aspects of the legislation, and therefore cannot be adopted by implementing acts. Introducing an environmental consideration will favour recycling technologies with the lowest environmental impact and avoid that parts of recycled materials negatively impact the end-of-life recycling rate.

AddedArticle 7 – paragraph 8: 8. As of 1 January 2029, the calculation and verification of the percentage of recycled content contained in packaging under paragraph 1 shall comply with the rules laid down in the delegated act referred to in paragraph 7.

RemovedArticle 7 – paragraph 9 – subparagraph 1: deleted

AddedArticle 7 – paragraph 9 – subparagraph 1: By 1 January 2032, the Commission shall assess the situation regarding the use of recycled packaging materials in plastics, focusing on the lack of availability of recycled plastics or on adverse effects on human or animal health, security of food supply or the environment, where suitable recycling technologies to recycle plastic packaging are not available because they are not authorised under the relevant Union rules or are not sufficiently installed in practice, or are not sufficiently resource and energy efficient.

RemovedThis derogation was justified by the presence in the text published by the Commission of the 10% integration target for non-PET recycled content. The removal of this target also justifies the removal of this assessment requirement for the Commission.

AddedArticle 7 – paragraph 9 – subparagraph 2 – point a: (a) provide for derogations from the scope, timing or level of minimum percentage laid down in paragraph 2,

Change 37

ChangedArticle 7 – paragraph 9 – subparagraph 2:2 deleted– /point (deleted)a /a (deleted)(new): /(aa) (deleted)modify the targets established in paragraphs 1 and 2,

Change 38

RemovedLink with previous amendment to Article 7-paragraph 9- subparagraph 2.

AddedArticle 7 – paragraph 9 – subparagraph 3: deleted

Article 7 – paragraph 10: deleted

Change 39

RemovedThe mandatory inclusion of recycled content is an economic tool to stimulate the recycling of packaging, to create a robust market for recyclate, but also to ensure that recycled plastics have a stable price. In addition, the possibility to give the Commission the power to adopt 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.

AddedArticle 7 – paragraph 11 a (new): 11a. By 31 December 2025, the Commission shall publish a report assessing the possibility of laying down targets for the use of bio-based plastic feedstock in packaging in order to meet the targets set out in of Article 7(1) and (2). / Where appropriate and based on the report referred to in paragraph 1, the Commission shall present a legislative proposal in order to: / (a) lay down targets for the use of bio-based plastic feedstock in packaging; / (b) lay down sustainability requirements for bio-based plastic feedstock to become eligible to contribute to the targets, considering the existing sustainable criteria laid down in Article 29 of Directive (EU) 2018/2001; / (c) introduce the possibility to meet up to a maximum of 50% of the targets set out in Article 7(1) and (2) by using bio-based plastic feedstock.

RemovedArticle 7 – paragraph 11: 11. By [OP: Please insert the date = 8 years after the date of entry into force of this Regulation], the Commission shall review the situation regarding the use of recycled packaging materials in plastics with a particular focus on market prices for recycled plastics, technical developments in the recycling sector and the development of the Union recycling infrastructure. On this basis, the Commission shall assess the possibility of: / (a) modifying the 2040 integration of recycled content targets for plastic packaging listed in paragraph 2 of this Article, by delegated acts in accordance with Article 58; / (b) setting new targets for recycled content in packaging other than plastics, through a legislative proposal.

AddedArticle 8 – paragraph 1: 1. By [OP: please insert the date = 36 months from the entry into force of this Regulation], packaging referred to in Article 3(1), point (f), sticky labels attached to fruit and vegetables shall be compostable to home composting standards or in industrially controlled conditions in bio-waste treatment facilities.

RemovedMandatory inclusion of recycled content is an economic tool to stimulate packaging recycling, to create a robust recyclate market, but also for recycled plastics to have a stable price, unlike the fluctuations of virgin plastic. Based on the achievement of the 2030 targets for the integration of recycled content, the Commission should carry out an evaluation, in order to open up the possibility of amending the 2040 targets, but also to open up the possibility of integrating recycled content into other types of materials.

AddedArticle 8 – paragraph 1 a (new): 1a. By ... [OP: please insert the date = 36 months from the entry into force of this Regulation], very lightweight plastic carrier bags required for loose food for hygiene reasons or provided as primary packaging for loose food when this helps to prevent food wastage, shall be compostable in industrially controlled conditions in bio-waste treatment facilities and therefore allowed to be collected in bio-waste receptacles.

RemovedArticle 7 – paragraph 11 a (new): 11a. 1. By 31 December 2026, the Commission shall publish a report assessing: / (a) the possibility to introduce new bio-based feedstock targets for plastic packaging, considering their potential contribution to meet the targets set out in Article 7(1) and (2); / (b) sustainability requirements for bio-based feedstock; the Commission shall consider the existing sustainable criteria laid down in Article 29 of Directive (EU) 2018/2001 when assessing requirements for non-fossil bio-based feedstock. / 2. Based on the assessment set out in the report referred to in paragraph 1, the Commission is empowered to adopt delegated acts in accordance with Article 58 to supplement this Regulation in order to: / (a) establish bio-based targets used in plastic packaging towards achievements of the recycled content targets under Article 7(1) and (2); / (b) establish sustainability requirements for bio-based feedstocks to be eligible to contribute towards the targets.

AddedArticle 8 – paragraph 2: 2. Where appropriate waste collection schemes and waste treatment infrastructure are available to ensure that packaging referred to in paragraph 1 enters the organic waste management stream, Member States having implemented Article 22 of Directive 2008/98/EC may require that lightweight plastic carrier bags shall be made available on their market for the first time only if it can be demonstrated that those lightweight plastic carrier bags are compostable.

RemovedIn order to reduce the greenhouse gas impact footprint of the packaging sector, bioplastics are convincingly positioned as a sustainable alternative to traditional plastics, provided that they meet the recyclability and circularity requirements of this Regulation, and that the assessment of their footprint is based on a credible analysis, e.g. based on the "Life Cycle Assessment (LCA) of alternative feedstocks for plastics production" developed by the European Commission's Joint Research Centre in 2021 (JRC125046).

AddedArticle 8 – paragraph 3: 3. By ... [OP: Please insert the date = 36 months from the date of entry into force of this Regulation], packaging other than that referred to in paragraphs 1 and 2, including packaging made of biodegradable plastic polymers and other biodegradable materials, shall allow material recycling, in accordance with Article 6, and without affecting the recyclability of other waste streams.

RemovedArticle 7 a (new): Article 7a / 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.

AddedArticle 8 – paragraph 3 a (new): 3a. By way of derogation from Article 8(3), Member States are empowered to require that those packaging that are compostable in their territory may be processed under the bio-waste stream process.

RemovedSeparate collection is an essential step in circularity, and implementing a mandatory separate collection target, upstream of the recycled content integration targets, seems to be an essential first step to ensure the creation of a real market for recyclates.

AddedArticle 8 – paragraph 5: 5. After consultating expert groups, the Commission shall be empowered to adopt delegated acts in accordance with Article 58 to amend paragraphs 1, 1a and 2 of this Article by adding other types of packaging to the types of packaging covered by those paragraphs when it is justified and appropriate due to technological and regulatory developments, including on labelling of compostability, impacting the disposal of compostable packaging and under the conditions set out in Annex III.

RemovedArticle 8 – paragraph 1: 1. By [OP: please insert the date = 24 months from the entry into force of this Regulation], packaging referred to in Article 3(1), point (f), sticky labels attached to fruit and vegetables, and very lightweight plastic carrier bags required for hygiene reasons or provided as primary packaging for loose food when this helps to prevent food wastage shall be compostable in industrially controlled conditions in bio-waste treatment facilities, and therefore allowed to be collected in bio-waste receptacles.

AddedArticle 8 – paragraph 5 a (new): 5a. By 31 May 2025, the Commission shall request the European standardisation organisations to update the harmonised standard (EN 13432) on the "Requirements for packaging recoverable through composting and biodegradation - testing schemes and evaluation criteria". / By 31 May 2025, the Commission shall also request the European standardisation organisations to prepare harmonised standards laying down the detailed technical specifications of the requirements on home compostable packaging in this Article.

RemovedMandatory compostability for certain types of packaging should be limited to applications where the organic content is difficult to separate from the packaging. This is the case for very lightweight plastic carrier bags used to pack fresh and wet products. Furthermore, the single-use unit needed to hold a coffee or tea can be made of aluminium or plastic and can already be sorted and recycled. Recycling should be favoured in order to keep the materials in the circuit as long as possible, whereas after composting and anaerobic digestion, virgin materials must be sought to make new products.

AddedArticle 9 – paragraph 1: 1. By 1 January 2030, packaging shall be designed so that its weight and volume is reduced to the minimum necessary for ensuring its functions, as listed in Annex IV, part 1, taking account of the shape and the material that the packaging is made of.

RemovedArticle 8 – paragraph 2: 2. Where appropriate waste collection schemes and waste treatment infrastructure are available to ensure that packaging referred to in paragraph 1 enters the organic waste management stream, Member States are empowered to require that lightweight plastic carrier bags shall be made available on their market for the first time only if it can be demonstrated that those lightweight plastic carrier bags have been entirely manufactured following the harmonised European standard for industrial compostable packaging EN 13432.

AddedArticle 9 – paragraph 2: 2. Packaging not necessary to comply with any of the performance criteria set out in Annex IV, and packaging with characteristics that are only aimed to increase the perceived volume of the product including double walls, false bottoms, and unnecessary layers, shall not be placed on the market, unless the packaging design is subject to geographical indications of origin under Union legislation or it is subject to legal protection under Regulation (EC) No 6/2002.