Changes from report parliamentary committee draft to plenary report

Change 57

ChangedArticle 26 – paragraph 16 – point a: (a) targets for products other than those covered by paragraphs 3a and 3b of thisb: Article(b) andexemptions for packagingeconomic sizesoperators otheradditional thanto those referred tolisted in this Article, based on the positive experience of Member States' measures under Article 45(2),due withto particular emphasis oneconomic theconstraints sectorsencountered ofin colda andspecific hotsector takeawayrelated drinks,to takeawaythe food,compliance detergents,with hygiene,targets ready-preparedset mealsout andin petthis food.Article,

Change 58

RemovedThe possibility for the Commission to adopt delegated acts for new sectors should focus on sectors not only with a demonstrated environmental interest, but above all build on existing national practices. The sectors mentioned in this amendment, with the exception of the take-away sector, are all sectors that have been identified as 'high potential' in the study carried out in the framework of the '3R Strategy', conducted by the French Ministry of Ecological Transition

AddedArticle 26 – paragraph 16 – point c: (c) exemptions for specific packaging formats covered by the targets laid down in paragraphs 2 to 6 of this Article in case of hygiene, food safety or hazardous nature of the product preventing reuse.

RemovedArticle 26 – paragraph 16 – point b: (b) exemptions for economic operators additional to those listed in this Article

AddedArticle 26 – paragraph 17: 17. 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 reuse of packaging. When assessing the impact of the packaging reuse targets, the Commission shall at least evaluate the packaging waste reduction obtained by the reuse 2030 targets, CO2 emission reduction, food waste reduction, reduction of the volumes of virgin raw material used, water and energy use, water contamination and the use of detergents and disinfectants. / The Commission shall also assess the development of cardboard packaging waste and its environmental impacts and material substitution effects that may occur due to material exemptions in Article 22 in combination with Annex V, and Article 26, paragraphs 7, 10, 12 and 13. On the basis of that review, the Commission shall, where appropriate, present a legislative proposal: / (a) modifying or confirming the 2040 targets laid down in this Article / (b) if necessary, setting new targets for the reuse in other sectors and for other packaging formats and materials.

RemovedArticle 26 – paragraph 16 – point c: deleted

AddedArticle 26 – paragraph 17 a (new): 17a. From 1 January 2030, all reusable packaging formats issued by distributors in the territory of a Member State in accordance with paragraphs 3a and 3b, shall be taken back by that end distributor.

RemovedConsidering the new requirements for re-use targets for the beverage sector (formerly Articles 2 to 6 and now paragraphs 3a and 3b), the possibility to set up exemptions for certain packaging formats is no longer justified

RemovedArticle 26 – paragraph 17: 17. 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 reuse of packaging, with particular regard to the impact of these measures on hygiene, food safety, climate and the environment. On the basis of that review, the Commission shall assess the possibility of modifying targets laid down in this Article and the appropriateness of setting new targets for the reuse in other sectors, and for other packaging and packaging formats and where necessary present a legislative proposal.

RemovedThe Commission's review should specifically address the environmental, climatic, and hygienic and food safety aspects of the reuse targets set out in this article. On the basis of this assessment, the Commission should be able to amend the reuse targets in the targeted sectors, but also open the door to new sectors, taking into account the delegated acts mentioned in the amendment to Article 26(16)

Article 27 – title: Rules on the calculation of the attainment of the re-use targets

Change 59

RemovedIn order to separate the objectives of refill and reuse, this Article now applies only to reuse.

AddedArticle 27 – paragraph 2 – introductory part: 2. For the purpose of demonstrating the attainment of the targets laid down in Article 26(3a) and (3b), the final distributor, or manufacturer, as appropriate, making available on the market such products within the territory of a Member State shall calculate, for each target separately, the following:

RemovedArticle 27 – paragraph 2 – introductory part: 2. For the purpose of demonstrating the attainment of the targets laid down in Article 26(2) and (3), the final distributor, or manufacturer, as appropriate, making available on the market such products within the territory of a Member State shall calculate, for each target separately, the following:

RemovedRemoval of reference to refill

Article 27 – paragraph 2 – point a: (a) the number of equivalent units of sales of beverages and food in reusable packaging within a system for re-use made available on the market within the territory of a Member State in a calendar year;

Change 60

RemovedLarge transport packaging, such as kegs, can carry a very large volume of products, and therefore should not be counted as just "one" reusable package, but rather as an aggregation of several. The exact size of this "equivalent of units" will have to be defined via the implementing acts as defined in Article 27(4)

Article 27 – paragraph 2 – point b: deleted

Change 61

RemovedRemoval of reference to refill

AddedArticle 27 – paragraph 2 – point c: (c) the number of equivalent units of sales of sales of beverages and food made available on the market within the territory of a Member State by other means than those referred to in point (a) in a calendar year.

RemovedArticle 27 – paragraph 2 – point c: (c) the number of equivalent units of sales of sales of beverages and food made available on the market within the territory of a Member State by other means than those referred to in points (a) in a calendar year.

RemovedLarge transport packaging, such as kegs, can carry a very large volume of products, and therefore should not be counted as just "one" reusable package, but rather as an aggregation of several. The exact size of this "equivalent of units" will have to be defined via the implementing acts as defined in Article 27(4)

RemovedArticle 27 – paragraph 3 – introductory part: 3. For the purpose of demonstrating the attainment of the targets laid down in Article 26(6) and (7) , the economic operator using such packaging shall calculate, for each target separately, the following:

Article 27 – paragraph 3 – point a: (a) the number of equivalent units of each of the packaging formats listed in Article 26(6) and (7) constituting reusable packaging within a system for re-use they used in a calendar year;

Article 27 – paragraph 3 – point b: (b) the number of equivalent units of each of the packaging formats listed in Article 26(6) and (7) , other than those indicated in point (a), that they used in a calendar year.

Change 62

ChangedArticle 27 – paragraph 4 – subparagraph 1: By 31 December 2027,2026, the Commission shall adopt delegated acts establishing detailed calculation rules and methodology regarding the targets set out in Article 26.

Change 63

RemovedThe secondary legislation on re-use objectives contains essential elements and should therefore be the subject of a delegated act, not an implementing act. Furthermore, the adoption of delegated acts by the Commission at the end of 2028 would leave only one full year for economic operators to adapt to the requirements of Article 26, which is not sufficient.

Article 27 – paragraph 4 – subparagraph 2: deleted

Change 64

AddedArticle 27 – paragraph 4 – subparagraph 2 a (new): The obligation to demonstrate the attainment of the targets laid down in Article 26 shall apply from 1 January 2030 or [18 months] after the date of entry into force of the delegated acts referred to in subparagraph 1, whichever is later.

Article 28 – title: Reporting to the competent authorities on re-use targets

Change 65

ChangedArticle 28 a (new): Article 28a / Refill obligation– forparagraph the6 takeawaya sector(new): /6a. By ... [OP: Pleaseplease insert the date = 24 months afterfrom the date of entry into force of this Regulation]: / (a) the final distributor making available on the market within the territory of a Member State in sales packaging cold or hot beverages filled into a container atRegulation], the point of sale for take-awayCommission shall provideestablish a system for consumersEuropean toobservatory bringon theirre-use. ownThe containerobservatory toshall be filled;responsible /for (b)monitoring the final distributor thatimplementation isof conductingthe itsmeasures businesslaid activitydown in the HORECA sectorthis andRegulation, thatcollecting isdata makingon availablere-use onpractices, theand marketcontributing withinto the territorydevelopment of a Memberbest Statepractices in sales packaging take-away ready-prepared food, intended for immediate consumption without the needfield of any further preparation, and typically consumed from the receptacle, shall provide a system for consumers to bring their own container to be filled.re-use.

Change 66

RemovedThe removal of the food and drink take-away sector from the re-use targets does not justify the sector not taking specific action to tackle single-use packaging. In addition to the Commission's assessment of the value of re-use for these sectors, final distributors will have to ensure that they have to provide their customers with a refill system, or put more simply: 'bring your own container'.

AddedArticle 28 a (new): Article 28a / Refill obligation for the takeaway sector / 1. By ... [OP: Please insert the date = 24 months from the date of entry into force of this Regulation]: / (a) the final distributor that is conducting its business activity in the HORECA sector and that is making available on the market within the territory of a Member State in sales packaging cold or hot beverages filled into a container at the point of sale for take-away shall provide a system for consumers to bring their own container to be filled; / (b) the final distributor that is conducting its business activity in the HORECA sector and that is making available on the market within the territory of a Member State in sales packaging take-away ready-prepared food, intended for immediate consumption without the need of any further preparation, and typically consumed from the receptacle, shall provide a system for consumers to bring their own container to be filled. / 2. The final distributors referred to in points (a) and (b) shall offer the goods filled in the container brought by the consumer at a lower price and in no less favourable conditions than the sales unit consisting of the same goods and single use packaging. / The final distributors shall inform the end consumers at the point of sale, through clearly visible and readable information boards or signs, about the possibility of obtaining the goods in a refillable container provided by the consumer.

RemovedArticle 29 – paragraph 1 – subparagraph 1: Member States shall take measures to achieve a sustained reduction in the consumption of both lightweight and very lightweight plastic carrier bags on their territory.

AddedArticle 28 b (new): Article 28b / Reuse offer for the takeaway beverage sector / 1. By ... [OP: Please insert the date = 36 months after the date of entry into force of this Regulation] the final distributor that is conducting its business activity in the HORECA sector and that is making available on the market within the territory of a Member State in sales packaging cold or hot beverages filled into a container at the point of sale for take-away shall provide to the consumers the option of packaging within a system for re-use. / 2. The final distributors shall inform the end consumers at the point of sale, through clearly visible and readable information boards or signs, about the possibility of obtaining the goods in reusable packaging. / 3. The final distributors shall offer the goods filled in reusable packaging at no higher costs, and in no less favourable conditions than the sales unit consisting of the same goods and single use packaging. / 4. The final distributors shall be exempted from the application of this Article if they fall within the definition of a micro enterprise set out in Commission Recommendation 2003/361/EC.

RemovedFollowing data on lightweight plastic carrier bags published by Eurostat on 16 November 2022, if the consumption of LPCBs (from 15 to less than 50 microns thick) remained more or less stable in 2020 (19.9 bn), the increase in the consumption of VLPCBs (from (14.0 bn in 2018to14.7 bn in 2020) is problematic and could be seen as a substitution effect resulting from the plastic bags directive. This is why the Directive (EU) 2015/720 has to be amended accordingly to include in its scope VLPCBs.

AddedArticle 29 – paragraph 2: 2. Measures to be taken by Member States to meet the target set out in paragraph 1 shall take into consideration the environmental impact of lightweight plastic carrier bags when they are manufactured, recycled or disposed of, and their composting properties, durability or specific intended use. Such measures may, by way of derogation from Article 4, include marketing restrictions, provided that they are proportionate and non-discriminatory.

Change 67

ChangedArticle 29 – paragraph 1 – subparagraph4 2:a A(new): sustained4a. reductionBy is31 achievedDecember if2027, the annualCommission consumptionshall doesprepare nota exceedreport 40on lightweightthe plasticneed and veryfeasibility lightweightof reducing the use of paper carrier bags perand, person,where orappropriate, thesubmit equivalenta targetlegislative inproposal weight,setting byout 31targets Decemberfor 2025,a andpaper subsequentlycarrier bybags 31reduction Decemberand inmeasures eachto yearachieve thereafter.these targets.

Change 68

RemovedConsistent with the changes made in the Regulation in order to include and to amend the Directive (EU) 2015/720 on the consumption of lightweight plastic carrier bags.

AddedArticle 34 – paragraph 4 a (new): 4 a. Competent authorities shall control the accuracy of at least 10% of the declarations of conformity per year, assessed on a random basis and shall take necessary measures to address non-compliance, such as the withdrawal of non-compliant products from the market. / Without prejudice to the checks pursuant to paragraph 1 that are planned in advance, competent authorities shall conduct the checks pursuant to in paragraph 1 when they obtain or are made aware of relevant information, including based on substantiated concerns provided by third parties concerning a potential non-compliance with this Regulation. / The checks shall be carried out without prior warning of the economic operator, except where prior notification of the operator or trader is necessary in order to ensure the effectiveness of those checks. / The competent authorities shall keep records of the checks, indicating in particular their nature and results, as well as on the measures taken in case of non-compliance. Records of all checks shall be kept for at least ten years. / Records of checks carried out under this Regulation and reports of their results and outcomes shall constitute environmental information for the purposes of Directive 2003/4/EC38 and shall be made publicly available.

RemovedArticle 29 – paragraph 2: 2. Measures to be taken by Member States to meet the target set out in paragraph 1 shall take into consideration the global negative environmental impact of both lightweight and very lightweight plastic carrier bags when they are manufactured, recycled or disposed of, and their composting properties, durability or specific intended use. Such measures shall, by way of derogation from Article 4, include marketing restrictions, provided that they are proportionate and non-discriminatory.

RemovedLink with the two previous amendments to Article 29.

Article 38 – paragraph 1 a (new): 1a. Each Member State shall reduce the plastic packaging waste generated per capita, as compared to the plastic packaging waste generated per capita in 2018 as reported to the Commission in accordance with Commission Decision 2005/270/EC, by: / (a) 10 % by 2030; / (b) 15 % by 2035; / (c) 20 % by 2040.

Change 69

RemovedIn addition to the overall packaging reduction targets set out in this Regulation, the establishment of specific targets for plastics is in line with the objectives set out in the European Plastics strategy, in order to encourage “additional measures at EU and national levels can be developed to reduce the unnecessary generation of plastic waste”

AddedArticle 38 – paragraph 1 b (new): 1b. Without prejudice to paragraphs 1 and 1a, Member States that have established a dual system for the management of packaging waste, one system for household packaging waste and the other for industrial and commercial packaging waste, may have the opportunity to retain their specificity.

RemovedArticle 38 – paragraph 1 b (new): 1b. Member States which have established a dual system for the management of packaging waste, one for household packaging waste and the other for industrial and commercial packaging waste may have the opportunity to retain their specificity.

AddedArticle 38 – paragraph 2: 2. Member States shall implement and take the necessary additional sustainability measures to achieve an ambitious and sustained reduction of the packaging waste generated per capita, in line with the overall objectives of the Union’s waste policy, in particular waste prevention and in order to reach the targets set out in this Article.

RemovedSome Countries, such as Belgium, use another relevant criterion for calculation of grouped and transport packaging waste, which is the evolution of the gross domestic product of the industrial sector. This specificity should be taken into account by the proposal for a Regulation.

AddedArticle 38 – paragraph 2 a (new): 2a. For the purpose of paragraph 2, Member States shall ensure that customers in restaurants, canteens, bars, cafés and catering services may request to be served tap water for free or for a low service fee.

AddedArticle 38 – paragraph 3: 3. For the purpose of paragraph 2, Member States may introduce measures that may include, but are not limited to, the use of economic instruments and other measures to provide incentives for the application of the waste hierarchy, such as measures referred to in Annexes IV and IVa to Directive 2008/98/EC, or other appropriate instruments and measures, including incentives through extended producer responsibility schemes and requirements on producers or producer responsibility organisations to adopt waste prevention plans. Such measures shall be proportionate and non-discriminatory and be designed so as to avoid barriers to trade or distortions of competition in conformity with the Treaty and with Article 4 of this Regulation.

AddedArticle 38 – paragraph 4: 4. By [OP: Please insert the date = 5 years after the date of entry into force of this Regulation], the Commission shall review the targets laid down in paragraphs 1 and 1a and assess the need to include specific targets for paper and cardboard, glass, metal and composite material. To that end, the Commission shall submit a report to the European Parliament and to the Council, accompanied, if the Commission finds it appropriate, by a legislative proposal.

AddedArticle 39 – paragraph 1 – subparagraph 2: The register shall provide links to other national registers of producers’ websites to facilitate, in all Member States, registration of producers or authorised representatives for the extended producer responsibility. The register shall be easily accessible and free of charge to the public online.

AddedArticle 39 – paragraph 2: 2. Producers shall be obliged to register in the register referred to in paragraph 1. They shall, to that end, submit an application for registration in each Member State where they make packaging available on the market for the first time. Where a producer has appointed a producer responsibility organisation as referred to in Article 41(1), the obligations set out in this Article shall be met by that organisation. Micro enterprises shall be exempt from the obligations of this paragraph, unless they have appointed a producer responsibility organisation.

AddedArticle 39 – paragraph 4: 4. Producers shall not make available packaging on the market, if they or, where applicable, in accordance with Article 40, their authorised representatives for the extended producer responsibility, are not registered in such Member State.

AddedArticle 39 – paragraph 6: 6. Where an authorised representative for the extended producer responsibility represents more than one producer, it shall in addition to the information to be provided pursuant to paragraph 5, provide the name and the contact details of each one of the represented producers separately.

AddedArticle 39 – paragraph 10: 10. The information in the register of producers shall be publicly accessible. Member States shall ensure that fulfilment service providers and providers of online platforms allowing consumers to conclude distance contracts with producers are granted access, including online access, free of charge, to the information in the register, including through digital register extracts. However, the confidentiality of commercially sensitive information in conformity with the relevant Union and national law shall be preserved. The list of registered producers shall be machine readable, sortable and searchable, respecting open standards for third party use.

Article 40 – paragraph 1: 1. Producers shall have extended producer responsibility under the schemes established in accordance with Articles 8 and 8a of Directive 2008/98/EC and with this Section for the packaging that they make available on the market for the first time within the territory of a Member State.

Change 70

RemovedClarification, as the definition of producers in this Regulation includes the notion of packaging producers

AddedArticle 40 – paragraph 2: 2. A producer shall appoint, by written mandate, an authorised representative for the extended producer responsibility in each Member State other than the Member State where it is established where it makes packaging available for the first time.

Change 71

ChangedArticle 40 – paragraph 3 – introductory part: 3. Providers of online platforms,platforms falling within the scope ofunder Section 4 of Chapter 3 of Regulation (EU) No 2022/2065, allowing consumers to conclude distance contracts with producers, areas well as fulfilment service providers, shall be required to comply with the extended producer responsibility requirements referred to in paragraphs 1 and 2 of this Article, unless that they can prove that producers offering packaging to consumers located in the Union areUnion, complyingcomply with thesethose requirements by obtaining: