Changes from adopted text to adopted text

RemovedArticle 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.

RemovedArticle 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.

RemovedArticle 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.

RemovedArticle 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.

RemovedArticle 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.

RemovedArticle 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.

RemovedArticle 40 – paragraph 3 – introductory part: 3. Providers of online platforms falling under Section 4 of Chapter 3 of Regulation (EU) No 2022/2065, allowing consumers to conclude distance contracts with producers, as 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 they can prove that producers offering packaging to consumers located in the Union, comply with those requirements by obtaining:

RemovedArticle 40 – paragraph 3 – point b: (b) information on compliance with the extended producer responsibility requirements referred to in paragraphs 1 and 2 of this article in the Member State where the consumer is located.

RemovedArticle 40 – paragraph 3 – subparagraph 1 a (new): Where producers sell their products via the online marketplace and are not registered in accordance with Article 39(2), the online marketplace in which the products are offered for sale may fulfil the obligations under Article 39(7) in respect of such producers collectively.

RemovedArticle 40 – paragraph 3 a (new): 3a. Upon receiving the information referred to paragraph 3 and prior to allowing the producer concerned to use its services, the provider of online platforms and fulfilment service providers shall assess whether the information referred to in point (a) and (b) is reliable and complete.

RemovedArticle 40 – paragraph 3 b (new): 3b. Member States shall ensure that the producers cover the costs pursuant to the extended producer responsibility provisions in Directives 2008/98/EC and 94/62/EC and, insofar as not already included, cover at least the costs of waste collection for those products that are discarded in public collection systems, including the infrastructure and its operation, and the subsequent transport and treatment of that waste. / The costs to be covered shall be established in a transparent and in a cost-efficient way. The costs of cleaning up litter shall be limited to activities undertaken by public authorities or on their behalf. The calculation methodology shall be developed in a way that allows for the costs of cleaning up litter to be established in a proportionate way on the basis of the packaging formats that are more prone to be littered or not separately collected.

RemovedArticle 41 – paragraph 2: 2. Where, in the territory of a Member State, multiple producer responsibility organisations are authorised to fulfil extended producer responsibility obligations on behalf of producers, the Member State shall ensure that the producer responsibility organisations and producers that have not entrusted a producer responsibility organisation, when taken together, cover the whole territory of the Member State as regards the activities in accordance with Articles 42(3), 43 and 44. Member States shall entrust the competent authority, or appoint an independent third party, to oversee that producer responsibility organisations fulfil their obligations in a coordinated manner.

RemovedArticle 42 – paragraph 3 – point b: (b) the measures put in place by the producer or producer responsibility organisation are sufficient to allow for the return, collection, transport and treatment of all packaging waste in accordance with Article 43(1) and (2) and Article 44, free of charge, with a frequency proportionate to the area and volume covered, of packaging waste with regard to the amount and types of packaging made available on the market for the first time within the territory of a Member State by that producer or producers on whose behalf the producer responsibility organisation acts;

RemovedArticle 43 – paragraph 1: 1. Member States shall ensure that systems and infrastructures are set up to provide for the return and separate collection of all packaging waste from the end users in order to ensure that it is treated in accordance with Articles 4, 10 and 13 of Directive 2008/98/EC, and to facilitate its preparation for re-use and high quality recycling.

RemovedArticle 43 – paragraph 1 a (new): 1a. In order to facilitate high quality recycling, Member States shall ensure that a system is in place to provide safe and equitable access to recycled materials for use in applications where the distinct quality of the recycled material is preserved or recovered in such a way that it can be recycled further and used in the same way and for a similar application, with minimal loss of quantity, quality or function.

RemovedArticle 43 – paragraph 2: 2. Member States may allow derogations from the return and separate waste collection obligation in paragraph 1 for certain types of waste provided that collecting packaging or fractions of such packaging waste together or together with other waste does not affect the capacity of such packaging or fractions of packaging waste to undergo preparing for re-use, recycling or other recovery operations in accordance with Articles 4 and 13 of Directive 2008/98/EC and generates output from those operations which is of comparable quality to that achieved through separate collection.

RemovedArticle 43 – paragraph 3 – point c a (new): (ca) be open to data access, regarding the reporting in weight and cost of management of packaging waste flows, up to date and provided by means of: / (i) a website or other means of electronic communication, in the official language of the concerned Member State; / (ii) public reports in the official language of the Member State concerned. / Point (ca) shall be without prejudice to commercially sensitive information or data protection laws.

RemovedArticle 43 – paragraph 3 a (new): 3a. By 1 January 2029, Member States shall ensure that, in public spaces, sufficient separate collection systems are set up for the different fractions of packaging waste materials.

RemovedArticle 43 – paragraph 3 b (new): 3b. By 1 January 2029, the final distributor making available on the market food and beverages filled and consumed within the premises in the HORECA sector shall ensure that separate collection systems are set up for the different fractions of packaging waste materials, to help the consumer to sort packaging waste. / Economic operators subject to the obligation referred to in paragraph 3 shall report on a yearly basis to the Member State the weight of separately collected packaging waste per material. Each Member State shall provide aggregated data per separately collected packaging material to the Commission.

RemovedArticle 43 – paragraph 5: deleted

RemovedArticle 43 – paragraph 5 a (new): 5a. From 1 January 2030, Member States may ensure that packaging waste that is not separately collected is sorted prior to disposal or energy recovery operations to remove packaging designed for recycling.

RemovedArticle 43 a (new): Article 43a / 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.

RemovedArticle 44 – paragraph 1 – point a: (a) single use plastic beverage bottles with the capacity from 0,1 litre to three litres; and

RemovedArticle 44 – paragraph 1 – point b: (b) single use metal beverage containers with a capacity from 0,1 litre to three litres.

RemovedAmendments 275 and 430

RemovedArticle 44 – paragraph 3 – introductory part

RemovedAmendment: 3. Without prejudice to paragraph 1 of this Article, Member States will be exempted from the obligation under paragraph 1 provided that either of the following conditions is met:

RemovedArticle 44 – paragraph 3 – point a: (a) the rate of separate collection as required under Article 43(3) and (4) of the respective packaging format as reported to the Commission under Article 50(1) point (c) is equal or higher than 85% by weight of such packaging placed on the market on the territory of that Member State in the calendar years 2026 and 2027. Where such reporting has not yet been submitted to the Commission, the Member State shall provide a reasoned justification, based on validated national data, and description of the implemented measures, that the conditions for the exemption set out in this paragraph are fulfilled;

RemovedArticle 44 – paragraph 3 – point b: (b) at the latest 24 months before the deadline laid down in paragraph 1 of this Article, the Member State notifies the Commission of its request for exemption and submits an implementation plan showing a strategy with concrete actions, including timeline that ensure the achievement of the separate collection rate by weight of the packaging referred to in point (a) of paragraph 3.

RemovedArticle 44 – paragraph 7: 7. A Member State may, while observing the general rules laid down in the Treaty and complying with the provisions set out in this Regulation, adopt provisions which go beyond the minimum requirements set out in this Article and the possibility to include packaging for other products.

RemovedArticle 45 – paragraph 1: 1. By 31 December 2028, Member States shall take measures to ensure the set-up of systems for re-use of packaging with sufficient incentives for return and systems for refill in an environmentally sound manner. Those systems shall comply with the requirements laid down in Articles 24 and 25 and Annex VI of this Regulation and shall not compromise food hygiene or the safety of consumers.

RemovedArticle 45 – paragraph 2 – point c: (c) requirements on manufacturers and final distributors to make available in reusable packaging within a system for re-use or through refill a certain percentage of other products than those covered by targets laid down in Article 26 on the condition that this does not lead to distortions on the internal market or trade barriers for products from other Member States.

RemovedArticle 45 – paragraph 2 a (new): 2a. The Commission shall request European standardisation organisations the development of voluntary standards for reusable packaging, with the aim of promoting the characteristics needed for the deployment of well-designed re-use systems. Such standards shall address the design, labelling, cleaning, and traceability of reusable packaging, among other aspects. The Commission shall support the development and dissemination of such standards.

RemovedArticle 45 – paragraph 2 b (new): 2b. Member States shall ensure that extended producer responsibility schemes and deposit systems dedicate a minimum share of their budget to financing reduction and prevention actions and re-use infrastructure for the deployment of re-use system.

RemovedArticle 46 – paragraph 2 – introductory part: 2. Without prejudice to paragraph 1, point (a), and recognising the different starting point of each Member State in relation to the specific target defined for each material, a Member State, may postpone the deadlines set out in paragraph 1, points (b) (i) to (vi), by up to 5 years, under the following conditions:

RemovedArticle 47 – paragraph 5: deleted

RemovedArticle 47 – paragraph 9: 9. The amount of packaging waste materials that have ceased to be waste as a result of a recovery operation by which waste materials are reprocessed into products, materials or substances either for the original or other purposes may be counted as recycled. However, end-of-waste materials to be used as fuels or other means to generate energy, or to be incinerated, backfilled or landfilled, shall not be counted as recycled.

RemovedArticle 47 – paragraph 12: 12. Packaging waste exported from the Union shall be counted as recycled by the Member State in which it was collected only if the requirements set out in paragraph 3 are met and if, in accordance with Regulation (EC) No 1013/2006, the exporter provides documentary evidence approved by the competent authority of destination that the shipment of waste complies with the requirements of that Regulation, including that the treatment of packaging waste outside the Union took place under conditions that are equivalent to the requirements of the relevant Union environmental law.

RemovedArticle 49 – paragraph 1 – point f: (f) the composting properties and appropriate waste management options for compostable packaging, including information to consumers that compostable packaging that is compostable in industrially controlled conditions is not to be thrown in home compost or nature.

RemovedArticle 50 – paragraph 1 – subparagraph 1 – point b: (b) the annual consumption of very lightweight plastic carrier bags, lightweight plastic carrier bags, thick plastic carrier bags, very thick plastic carrier bags and paper carrier bags per person, separately for each category;

RemovedArticle 50 – paragraph 2 – introductory part: 2. Member States shall report for each calendar year data on:

RemovedArticle 50 – paragraph 2 – point a: (a) the amounts of packaging placed on the market for each packaging type and material as listed in Table 1 of Annex II;

RemovedArticle 50 – paragraph 2 – point b: (b) amounts of separately collected packaging waste for each packaging material as listed in Table 3 in the Annex XII;

RemovedArticle 50 – paragraph 2 – point c: (c) the recycling rates of packaging waste as listed in Table 4 of Annex XII;

RemovedArticle 51 – paragraph 2 a (new): 2a. The packaging databases shall be accessible to the wider public in an open format that can be machine-readable and ensures interoperability and re-use of data.

RemovedArticle 52 – paragraph 1 – subparagraph 1: Without prejudice to Article 19 of the Regulation (EU) 2019/1020, where the market surveillance authorities of one Member State have sufficient reason to believe that packaging covered by this Regulation presents a risk to the environment or human and animal health, they shall, without undue delay, carry out an evaluation in relation to the packaging concerned covering all requirements laid down in this Regulation that are relevant to the risk. The relevant economic operators shall cooperate as necessary with the market surveillance authorities.

RemovedArticle 52 – paragraph 6 – introductory part: 6. The information to the Commission and the other Member States referred to in paragraph 5 shall be communicated through the information and communication system referred to in Article 34 of Regulation (EU) 2019/1020 and shall include all available details, in particular the data necessary for the identification of the non-compliant packaging, the origin of the packaging, the nature of the non-compliance alleged and the risk involved, the nature and duration of the national measures taken and the arguments put forward by the relevant economic operator and, where applicable, the information referred to in Article 55(1). The market surveillance authorities shall also indicate whether the non-compliance is due to either of the following:

RemovedArticle 53 – paragraph 1 – subparagraph 1: Where, on completion of the procedure set out in Article 52(5) and (6), objections are raised against a measure taken by a Member State, or where the Commission considers a national measure to be contrary to Union legislation, the Commission shall without delay enter into consultation with the Member States and the relevant economic operator or operators and shall evaluate the national measure. On the basis of the results of that evaluation, the Commission shall decide by means of an implementing act whether the national measure is justified or not.

RemovedArticle 54 – paragraph 1: 1. Where, having carried out an evaluation under Article 52, a Member State finds that although packaging is in compliance with the applicable requirements set out in Articles 5 to 11, it presents a risk to the environment or to human and animal health, it shall without delay require the relevant economic operator to take all appropriate measures, within a reasonable period prescribed by the market surveillance authorities and commensurate with the nature and, where relevant, the degree of risk, to ensure that the packaging concerned, when placed on the market, no longer presents that risk, to withdraw the packaging from the market or to recall it.

RemovedArticle 55 – paragraph 2 a (new): 2a. The authorities designated pursuant to Article 25(1) of Regulation (EU) 2019/1020 shall use the information communicated pursuant to paragraph 1 of this Article to carry out their risk analysis under Article 25(3) of Regulation (EU) 2019/1020.

RemovedArticle 56 – paragraph 1 – point k a (new): (ka) the requirements on recyclable packaging are not fulfilled;

RemovedArticle 56 – paragraph 1 – point k b (new): (kb) the requirements on minimum recycled content for packaging are not fulfilled;

RemovedArticle 58 – paragraph 2: 2. The power to adopt delegated acts referred to in Article 5(5), Article 6(4), Article 6(6), Article 7(7), Article 7(9), Article 8(5), Article 22(4), Article 26(16), Article 27(4) and Article 57(3) shall be conferred on the Commission for a period of five years from date of entry into force of this Regulation. The Commission shall draw up a report in respect of the delegation of power no later than nine months before the end of the five-year period. The delegation of power shall be tacitly extended for periods of an identical duration, unless the European Parliament or the Council opposes such extension no later than 3 months before the end of each period.

RemovedArticle 58 – paragraph 3: 3. The delegation of power referred to in Article 5(5), Article 6(4), Article 6(6), Article 7(7), Article 7(9), Article 8(5), Article 22(4), Article 26(16), Article 27(4) and Article 57(3) may be revoked at any time by the European Parliament or by the Council. A decision to revoke shall put an end to the delegation of the power specified in that decision. It shall take effect the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force.

RemovedArticle 58 – paragraph 4: 4. Before adopting a delegated act, the Commission shall consult the Packaging Forum and experts designated by each Member State in accordance with the principles laid down in the Interinstitutional Agreement of 13 April 2016 on Better Law-Making.

RemovedArticle 58 – paragraph 6: 6. A delegated act adopted pursuant to Article 5(5), Article 6(4), Article 6(6), Article 7(7), Article 7(9), Article 8(5), Article 22(4), Article 26(16), Article 27(4) and Article 57(3) shall enter into force only if no objection has been expressed either by the European Parliament or the Council within a period of two months of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by two months at the initiative of the European Parliament or of the Council.

RemovedArticle 62 – paragraph 1: 1. By [OP: Please insert the date = 24 months after the date of entry into force of this Regulation], Member States shall lay down the rules on penalties applicable to infringements of this Regulation and shall take all measures necessary to ensure that they are implemented. In accordance with Directive (EU) 2015/1535 of the European Parliament and of the Council1a, Member States shall communicate to the Commission those rules and of those measures and, without delay, of any subsequent amendments affecting them. The penalties provided for shall be effective, proportionate and dissuasive. / Those penalties may include: / (a) fines proportionate to the environmental damage and the value of the relevant products concerned, calculating the level of such fines in such way as to ensure that they effectively deprive those responsible of the economic benefits derived from their infringements, and gradually increasing the level of such fines for repeated infringements; / (b) confiscation of revenues gained by the manufacturer, producer, supplier, distributor, importer, authorised representatives, or appointed representatives for extended producer responsibility from a transaction with the relevant products concerned; / (c) temporary exclusion for a maximum period of 12 months from public procurement processes and from access to public funding, including tendering procedures, grants and concessions; / (d) temporary prohibition from placing or making available on the market, or exportin…

RemovedArticle 62 a (new): Article 62a / Access to Justice / 1. Any natural or legal person having a sufficient interest, as determined in accordance with the existing national systems of legal remedies, including where such persons meet the criteria, if any, laid down in the national law, including persons who have submitted a substantiated concern in accordance with Article 62a, shall have access to administrative or judicial procedures to review the legality of the decisions, acts or failure to act of the competent authorities under this Regulation. / 2. This Regulation shall be without prejudice to any provisions of national law which regulate access to justice and those which require that administrative review procedures be exhausted prior to recourse to judicial proceedings.

RemovedArticle 62 b (new): Article 62b / Request for action / 1. Natural or legal persons affected or likely to be affected by a breach of this Regulation, or having a sufficient interest in environmental decision-making relating to the breach of this Regulation, shall be entitled to request the competent authorities to take action under this Regulation with respect to such a breach or an imminent threat of such a breach. / The interest of any non-governmental organisation promoting environmental protection and meeting the requirements laid down in Article 11 of Regulation (EC) No 1367/2006 of the European Parliament and of the Council shall be deemed sufficient for the purposes of the first subparagraph. / 2. The request for action shall be accompanied by the relevant information and data supporting that request. / 3. Where the request for action and the accompanying information and data show in a plausible manner that a breach of this Regulation has occurred, or that there is an imminent threat of such a breach, the competent authorities shall consider any such requests for action and information and data. In such circumstances, the competent authorities shall give the economic operator concerned an opportunity to make its views known with respect to the request for action and the accompanying information and data. / 4. The competent authorities shall, without delay and in accordance with the relevant provisions of Union law, inform the persons who submitted a request pursuant to paragraph 1, of its …

RemovedArticle 63 – paragraph 1: By [OP: Please insert the date = 8 years after the date of application of this Regulation], the Commission shall carry out an evaluation of this Regulation and of its contribution to the functioning of the internal market and the improvement of the environmental sustainability of packaging. That evaluation shall have a part dedicated to, inter alia, the impact of this Regulation on the agri-food system and on food waste. The Commission shall present a report on the main findings of that evaluation to the European Parliament, the Council, the European Economic and Social Committee, and the Committee of the Regions. Member States shall provide the Commission with the information necessary for the preparation of that report.