Changes from report parliamentary committee draft to plenary report

RemovedThere is a European standard for industrial composting. It should be used and most probably revised, rather than using the term "biodegradable plastic polymers" which have not been defined at the EU level.

AddedArticle 9 – paragraph 2 a (new): 2a. By ... [OP: Please insert the date = 36 months from the date of entry into force of this Regulation], the Commission shall request the European standardisation organisations, as appropriate, to prepare or update harmonised standards laying down the methodology for the calculation and measurement of compliance with the requirements concerning packaging minimisation under this Regulation. For most common packaging types and formats such standards should specify maximum adequate weight and volume limits, and, if appropriate, wall thickness and maximum empty space.

RemovedArticle 8 – paragraph 5: deleted

AddedArticle 9 – paragraph 4 – subparagraph 1 – point c: (c) any test results, studies or other relevant sources, such as modelling and simulation, used to assess the minimum necessary volume or weight of the packaging.

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 in tea bags for example. 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.

AddedArticle 9 – paragraph 4 – subparagraph 2 a (new): Micro-companies referred to in Article 22(3) shall be exempted from the obligation set out in this paragraph.

RemovedArticle 8 – paragraph 5 a (new): 5a. The Commission shall, by 31 May 2026, request the European standardisation organisations to update the harmonised standard on the "Requirements for packaging recoverable through composting and biodegradation - testing schemes and evaluation criteria". That standard shall consider the composting times, admissible levels of visual contamination and other requirements needed to reflect the actual conditions in the bio-waste treatment facilities, including anaerobic digestion processes, in line with the scientific and technological developments.

AddedArticle 10 – paragraph 1 – introductory part: 1. Packaging placed on the market shall be considered reusable where if fulfils the following conditions:

RemovedIn connection with the amendment of Article 8(2), the harmonised European standard for industrial compostable packaging EN 13432 should be updated in line with the scientific and technological developments.

AddedArticle 10 – paragraph 1 – point a: (a) it has been conceived, designed and placed on the market with the objective to be re-used for multiple times;

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ChangedArticle 10 – paragraph 1 – point a:b: (a)(b) it has been conceived,conceived and designed andto placedaccomplish onas themany marketrotations withas thepossible objectivein tonormally bepredictable re-used;conditions of use;

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RemovedArticle 11 – paragraph 1 – subparagraph 1: From [OP: Please insert the date = 24 months after the adoption of the implementing acts referred to in paragraph 5 and 6], packaging placed on the market shall be marked with a label containing information on its material composition. This obligation does not apply to transport packaging. However, it applies to e-commerce packaging.

AddedArticle 10 – paragraph 1 – point h a (new): (ha) it fulfils the requirements regarding consumer health, safety and hygiene.

RemovedSame justification as for the amendments to Article 7(1) on packaging being placed on the EU market for the first time. The date of entry into force of the labelling requirements should necessarily be linked to the delegated acts concerning this labelling scheme.

AddedArticle 10 – paragraph 1a (new): 1a By ... [OP: please insert the date 24 months after the entry into force of this Regulation], the Commission shall adopt delegated act setting a minimum number for the rotations referred to in paragraph 1, point (b), for reusable packaging in different and relevant material and packaging categories.

RemovedArticle 11 – paragraph 1 – subparagraph 2: Packaging subject to deposit and return systems referred to in Article 44(1) shall be marked with a harmonised label established in the relevant implementing act adopted pursuant to paragraph 5.

AddedArticle 10 b (new): Article10b / Just Transition / Member States shall, every two years from 2025 onwards, carry out Employment Impact Assessments (EIA) that evaluate the impact of the obligations laid down in this Regulation on the number of jobs created, transformed, and eliminated, as well as on skills and competences anticipation, working conditions, including health and safety at work, and gender equality both at national and regional levels in all sectors covered by this Regulation and submit them to the Commission and the European Parliament. EIAs shall lay down how the Member State intends to address its findings with legislative and non-legislative measures, including public and private investments. / Before submitting the EIAs to the Commission and the European Parliament, Member States shall inform and consult national social partners representing workers and employers in the sectors covered by this Regulation on the EIAs.

RemovedIn order not to mislead consumers, products subject to a reuse system should not use a labelling system similar to the one used for single-use packaging. This proposal aims to clarify that packaging is either single-use packaging, using pictograms, or packaging with a re-use system, depending on the system set up in accordance with Article 44.

AddedArticle 11 – paragraph 1 – subparagraph 1: From [OP: Please insert the date = 24 months after the adoption of the implementing acts referred to in paragraph 5 and 6], packaging placed on the market shall be marked with a label containing information on its material composition in order to facilitate consumer sorting. The label shall be exclusively based on pictograms and be easily understandable, including for persons with disabilities. This obligation does not apply to transport packaging. However, it applies to e-commerce packaging.

RemovedArticle 12 – paragraph 1: By [OP: Please insert the date = 30 months after the adoption of the implementing acts referred to in Article 7 (5) and (6)], labels that enable the separate collection of each material specific fraction of packaging waste that is intended to be discarded in separate receptacles shall be affixed, printed or engraved visibly, legibly and indelibly on all waste receptacles for collection of packaging waste.

AddedArticle 11 – paragraph 1 – subparagraph 1 a (new): The label may be accompanied by a QR code or other type of digital data carrier placed on the packaging that contains information on the destination of each separate component of the packaging in order to facilitate consumer sorting.

RemovedThe date of entry into force of the labelling requirements should necessarily be linked to the delegated acts concerning this labelling scheme.

AddedArticle 11 – paragraph 1 – subparagraph 2: Packaging subject to deposit and return systems referred to in Article 44(1) shall be marked with a colour harmonised label established in the relevant implementing act adopted pursuant to paragraph 5.

RemovedArticle 12 a (new): Article 12a / Packaging forum / The Commission shall ensure that when it conducts its activities, it ensures a balanced participation of Member States’ representatives and all interested parties involved with the packaging industry, including waste treatment industry representatives, manufacturers and packaging suppliers, distributers, retailers, importers, SMEs, environmental protection groups and consumer organisations. Those parties shall contribute in particular to preparing the delegated and implementing acts provided for in this Regulation to develop and further detail the sustainability requirements and examining the effectiveness of the established market surveillance mechanisms. To that end, the Commission shall establish an expert group, in which those parties shall meet, referred to as the ‘Packaging Forum’.

AddedArticle 11 – paragraph 1 – subparagraph 2 a (new): Labels of deposit and return systems established before the entry into force of this Regulation may be used together with the harmonised label until 36 months after the adoption of the implementing act pursuant to paragraph 5.

RemovedConsidering the great diversity of the packaging stakeholders, the creation of a coordinating body, even without an executive role, helps to move in the direction of collaborative governance.

AddedArticle 11 – paragraph 2: 2. From [OP: Please insert the date = 30 months after the entry into force of the implementing act referred to in paragraph 5], reusable packaging placed on the market shall bear a label on packaging reusability. Further information on reusability may be made available through a QR code or other type of digital data carrier that provides further information on packaging reusability including the availability of a system for re-use and of collection points, and that facilitates the tracking of the packaging and the calculation of trips and rotations. In addition, reusable sales packaging shall be clearly identified and distinguished from single use packaging at the point of sale.

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ChangedArticle 2111 – paragraph 1:3: 1.3. EconomicWhere operatorspackaging whocovered supplyby productsArticle to7 is marked with a finallabel distributorcontaining information on the share of recycled content, that label and, where applicable, the QR code or another endtype userof digital data carrier shall comply with the specifications laid down in groupedthe packaging,relevant transportimplementing packagingact oradopted e-commercepursuant packaging,to Article 11(5) and shall ensurebe thatbased on the emptymethodology spacepursuant ratioto Article 7(7). Where packaging is maximummarked 40with %a inlabel linecontaining information on the share of bio-based plastic content, that label shall comply with the provisionsspecifications laid down byin Partsthe 1relevant andimplementing 2act ofadopted Annexpursuant IV.to Article 11(5).

Change 43

RemovedThe minimum threshold of 40% should not exempt actors in the sectors covered by this paragraph from having to comply with the minimisation requirements of Annex IV.

AddedArticle 11 – paragraph 4 – subparagraph 1: Labels referred to in paragraphs 1 to 3 and, where applicable, the QR code or other type of digital data carrier referred to in paragraphs 1 and 2 shall be placed, printed or engraved visibly, clearly legibly, and accessible on the packaging. Where this is not possible or not warranted on account of the nature and size of the packaging, they shall be affixed to the grouped packaging.

RemovedArticle 22 – paragraph 1: 1. By [OP: Please insert date = 12 months after the date of entry into force of this Regulation] economic operators shall not place on the market packaging in the formats and for the purposes listed in Annex V

AddedArticle 11 – paragraph 4 – subparagraph 1 a (new): Where information is provided by electronic means in accordance with paragraphs 2 to 3, the following requirements shall apply: / (a) adequate, relevant personal data is collected only for the limited purpose of giving the user access to relevant compliance information referred to in paragraphs 2 to 3 of this Article in respect of Article 5(1) of Regulation 2016/679/EU / (b) the information is not displayed with other information intended for sales or marketing purposes.

RemovedEconomic actors need time to adapt to integrate the requirements of Annex V into their business models.

AddedArticle 11 – paragraph 5: 5. By [OP: Please insert the date = 18 months after the date of entry into force of this Regulation], the Commission shall adopt implementing acts to establish a harmonised label and specifications for the labelling requirements and formats, including when provided through digital means, for the labelling of packaging, referred to in paragraphs 1 to 3 and the labelling of waste receptacles referred to in Article 12. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 59(3).

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ChangedArticle 2211 – paragraph 2:6: 2.6. By way[OP: Please insert the date = 18 months after the date of derogationentry frominto paragraphforce 1,of economicthis operatorsRegulation], the Commission shall notadopt placeimplementing onacts to establish the marketmethodology packagingfor inidentifying the formatsmaterial andcomposition forof thepackaging purposesreferred listedto in pointparagraph 31 by means of Annexdigital Vmarking astechnologies. ofThose [OP:implementing Pleaseacts insertshall datebe =adopted 36in monthsaccordance afterwith the date ofexamination entryprocedure intoreferred forceto ofin thisArticle Regulation]59(3).

Change 45

RemovedExtending an exemption to the requirements in paragraph 3 to 2030 seems excessive. However, an additional period should be left to allow time for adaptation, in particular for smaller economic actors.

AddedArticle 11 – paragraph 7: From ... [OP: Please insert the date = 24 months after the entry into force of this Regulation], the Commission shall adopt guidelines in order to clarify aspects that are likely to mislead or confuse consumers or other end users.

RemovedArticle 22 – paragraph 3: 3. Economic operators shall be exempted from the application of point 3 of Annex V if they meet the definition of a micro-enterprise according to the rules set out in Commission Recommendation 2003/361, as applicable on [OP: Please insert date = date of entry into force of this Regulation]. In addition, Member States shall grant an exemption where it is not technically feasible not to use packaging or to obtain access to the infrastructure necessary for the functioning of a re-use system.

AddedArticle 11 – paragraph 8: 8. Packaging included in an extended producer responsibility scheme or covered by a deposit and return system other than that referred to in Article 44(1) shall be identified by means of a corresponding symbol throughout the territory in which that scheme or system applies. That symbol shall be clear and unambiguous and shall not mislead consumers or users as to the recyclability or reusability of the packaging.

RemovedEconomic actors must be able to have certainty as to whether or not they are exempt from the measures provided for in Article 22. In a transversal logic, but also in order to preserve the most fragile economic actors, for whom all these measures would be difficult to bear economically and administratively, the exemption should be directly provided for in this Regulation, and not decided by the Member States.

AddedArticle 11 – paragraph 8 a (new): 8a. Packaging as referred to in paragraphs 1, 2 and 3, that is manufactured or imported before the deadlines referred in those paragraphs, may be marketed until 36 months after the date of entry into force of the labelling requirements laid down in paragraphs 1, 2 and 3.

RemovedArticle 22 – paragraph 4: 4. The Commission shall be empowered to adopt delegated acts in accordance with Article 58 to add packaging formats in Annex V in order to adapt it to technical and scientific progress with the objective to reducing packaging waste. When adopting those delegated acts, the Commission shall consider the potential of the restrictions on the use of specific packaging formats to reduce the packaging waste generated while ensuring an overall positive environmental impact, and shall take into account the availability of alternative packaging solutions that meet requirements set out in legislation applicable to contact sensitive packaging, as well as their capability to prevent microbiological contamination of the packaged product.

AddedArticle 12 – paragraph 1: By [OP: Please insert the date = 30 months after the adoption of the implementing acts referred to in paragraph 5 and 6] labels that enable the separate collection of each material specific fraction of packaging waste that is intended to be discarded in separate receptacles shall be affixed, printed or engraved visibly, legibly and indelibly on all waste receptacles for collection of packaging waste.

RemovedIn order to clarify and respect the minimum requirements of this Regulation, this amendment limits the Commission’s power to only adding packaging formats to Annex V, and not to remove it.

AddedArticle 12 a (new): Article 12a / Packaging forum / The Commission shall ensure that, when conducting its activities, there is a balanced participation of Member States’ representatives and all interested parties involved with the packaging industry, including waste treatment industry representatives, manufacturers and packaging suppliers, distributers, retailers, importers, SMEs, environmental protection groups and consumer organisations. Those parties shall be consulted in particular to prepare the delegated and implementing acts provided for in this Regulation to develop and further detail the sustainability requirements and examining the effectiveness of the established market surveillance mechanisms. To that end, the Commission shall establish an expert group, in which those parties shall meet, referred to as the ‘Packaging Forum’.

RemovedArticle 22 a (new): Article 22a / Restriction on the use of certain very lightweight plastic bags packaging / 1. Economic operators shall not place very lightweight plastic carrier bags on the market. / 2. Paragraph 1 shall not apply to very lightweight plastic carrier bags required for hygiene reasons or provided as primary packaging for loose food when this helps to prevent food wastage.

AddedArticle 12 b (new): Article 12b / Claims / Environmental claims as defined in Article 2, point (o), of Directive 2005/29/EC may be made in relation to packaging placed on the market only if they comply with the following requirements: / (a) they are substantiated in accordance with [Article 3 of Directive on Green Claims]; in particular, they shall specify whether they relate to the packaging unit, part of the packaging unit or to all packaging placed on the market by the producer; / (b) they are for packaging properties exceeding the applicable minimum requirements set out in this Regulation. / Compliance with the requirements set out in point (b) of this Article shall be demonstrated in the technical documentation concerning the packaging as set out in Annex VII.

RemovedThis restriction with derogation for Very Lightweight Plastic Carrier Bags (VLPCB) was already adopted in the report presented to the plenary in 2018 (A8-0317/2018) on the proposal for a directive on the reduction of the impact of certain plastic products on the environment, in its amendment 82.

AddedArticle 13 – paragraph 1 – point b a (new): (ba) it complies with the applicable requirements regarding food hygiene and the safety of consumers.

AddedArticle 13 – paragraph 6 a (new): 6a. For medicinal products, as defined in Directive 2001/83/EC, the marketing authorisation holder shall be responsible for the information provided.

AddedArticle 13 – paragraph 8: 8. Manufacturers who consider or have reason to believe that packaging which they have placed on the market from the date of entry into force of this Regulation is not in conformity with one or more of the applicable requirements set out in Articles 5 to 11 shall immediately take the corrective measures necessary to bring that packaging into conformity, to withdraw it or recall it, as appropriate. Manufacturers shall immediately inform the market surveillance authority of the Member State in which they made the packaging available of the suspected non-compliance and of any corrective measures taken.

AddedArticle 13 – paragraph 8 a (new): 8a. By way of derogation from paragraph, the obligation to bring into conformity, withdraw or recall packaging which is believed not to be in conformity with applicable requirements shall not apply to reusable packaging placed on the market before the entry into force of this Regulation.

AddedArticle 13 – paragraph 9: 9. Manufacturers shall, further to a reasoned request from a national authority, provide all the information and documentation necessary to demonstrate the conformity of the packaging, including the technical documentation in a language, or languages, which can be easily understood by that authority. That information and documentation shall be provided in electronic form. The relevant documents shall be made available within 10 days of receipt of the request from the national authority. Manufacturers shall cooperate with the national authority on any action taken to remedy any case of non-compliance with the requirements set out in Articles 5 to 10.

AddedArticle 13 – paragraph 9 a (new): 9a. Paragraphs 1 to 6 shall not apply to custom-made transport packaging for configurable medical devices and medical systems that are to be used in industrial and healthcare environments.

AddedArticle 16 – paragraph 10 a (new): 10a. In order to meet the obligations laid down in this Article, Member States may provide tools to support economic operators importing products into the territory of the Union.

AddedArticle 17 – paragraph 2 – point a: (a) the producer, that is subject to the obligations on extended producer responsibility for the packaging is registered in the register of producers referred to in Article 39;

AddedArticle 17 – paragraph 3 – subparagraph 2 a (new): Information disclosed by the producer shall not be used by the distributor for any purposeother than to verify compliance with applicable requirements. The misuse of such information by distributors for commercial purposes shall be prohibited.

AddedArticle 18 – paragraph 1: Fulfilment service providers and online platforms shall ensure that for packaging that they handle or offer on their online platforms, the conditions during warehousing, handling and packing, addressing or dispatching, do not jeopardise the packaging’s compliance with the applicable requirements set out in Articles 5 to 11.

AddedArticle 18 a (new): Article 18a / Obligations of providers of online platforms / Providers of online platforms shall comply without undue delay with the relevant requirements of Regulation (EU) 2022/2065 and shall ensure that they have internal processes in place for compliance.

AddedArticle 19 – paragraph 1: An importer or a distributor shall be considered a manufacturer for the purposes of this Regulation and shall be subject to the obligations of the manufacturer under Article 13, where they place packaging on the market under their own name or trademark or modify packaging already placed on the market in a way that may affect compliance with the relevant requirements of this Regulation.