Changes between two versions
What changed between the plenary report and the adopted text
From · plenary report· 6 Nov 2023
on the proposal for a regulation of the European Parliament and of the Council on packaging and packaging waste, amending Regulation (EU) 2019/1020 and Directive (EU) 2019/904, and repealing Directive 94/62/EC
Changes to the text itself, in document order. Cover page, citations and punctuation-only edits are left out; they are under “Every difference”.
The changes · 58
Change 1
Added:Recital 1: (1) Products need appropriate packaging to be protected and easy to transport from where they are produced to where they are used or consumed. Prevention of barriers to the internal market for packaging is key for the functioning of the internal market for products. Fragmented rules and vague requirements cause uncertainty and additional cost to the economic operators.
Removed:Recital 1: (1) Products need appropriate packaging to be protected and easy to transport from where they are produced to where they are used or consumed. Prevention of barriers to the internal market for packaging is key for the functioning of the internal market for products. Fragmented rules and vague requirements cause uncertainty and additional cost to the economic operators
Change 2
Changed:Recital 15 d (new): (15d) In a scientific opinion1a published in January 2015, and in light of the availability of new data EFSA's expert groups indicated that exposure to Bisphenol A was likely to have adverse effects on the kidneys and liver,.liver. The findings led EFSA experts to significantly reduce the safe level of BPA - from 50 micrograms per kilogram of body weight per day (µg/kg bw/day) to 4 µg/kg bw/day. / 1a https://www.efsa.europa.eu/en/efsajournal/pub/3978
Change 3
Changed:Recital 49: (49) To support the implementation of the objectives of this Regulation, consumers should be protected from misleading and confusing information about packaging characteristics and its appropriate end-of-life treatment, for which harmonised labels have been established under this Regulation / (deleted)
Change 4
Changed:Recital 113 a (new): (113a) While it is important for the Commission to take into account all processing technologies when drafting the delegated acts establishing the recyclability criteria, as well as the criteria for recyclability at scale, it is essential that the Commission further assess the added value of chemical recycling for those fractions that cannot be processed by mechanical recycling technologies. In the context of the objectives that have been set by Regulation (EU) 2021/1119 of the European Parliament and of the Council1a, the Commission should take into account the energy consumption of new technologies, water consumption, material losses and, in the context of the revision of the Union legislative framework on environmental claims, and avoid misleading environmental claims, by limiting thoesethose applications to a truly circular approach, excluding, for example, approaches to converting materials into fuel. / 1a Regulation (EU) 2021/1119 of the European Parliament and of the Council of 30 June 2021 establishing the framework for achieving climate neutrality and amending Regulations (EC) No 401/2009 and (EU) 2018/1999 (‘European Climate Law’)( OJ L 243, 9.7.2021, p. 1).
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Change 5
Changed:Article 2 – paragraph 2:1: 2.1. This Regulation applies without prejudice to Union regulatory requirements for packaging such as those regardingall safety,packaging, quality,with the protectionexception of health and thepackaging hygieneapproved offor the packed products, or to transport requirements, as well as without prejudice to the provisions of the Directive 2008/98/EC as regardsdangerous thegoods, managementregardless of hazardous waste and, in accordance withthe Articlematerial 4used, ofand thatto Directive,all thepackaging applicationwaste, bywhether Membersuch Stateswaste ofis measuresused relatingin toor theoriginates wastefrom hierarchyindustry, whichother allowmanufacturing, theretail bestor environmentaldistribution, resultoffices, toservices beor achieved.households.
Change 6
Changed:Article 3 – paragraph 1 – point 19: (19) ‘composite packaging’ means a unit of packaging made of two or more different materials, excluding materials used for labels, coatings, lining, varnishes, paints, inks, adhesives, lacquers, closures and sealing which are part of the weight of the main packaging material, which cannot be separated manually and therefore form a single integral unit, unless a given material constitutes an insignificant part of the packaging unit and in no case more than 10% of the total mass of the packaging unit;
Change 7
Changed:Article 3 – paragraph 1 – point 32 a (new): (32a) 'high quality recycling’ means any recovery operation, as defined in Article 3, point (17), of Directive 2008/98/EC, that ensures that the distinct quality of the waste collected and sorted waste is preserved or recovered during that recovery operation, so that it can be subsequently recycled and used in the same way or forresulting arecycled similarmaterials application,are withof minimalsufficient lossquality ofto quantity,substitute qualityprimary orraw function;materials;
Change 8
Changed:Article 3 – paragraph 1 – point 41 ba (new): (41b)(41a) ‘home compostable packaging’ means packaging that can also biodegrade in non-controlled conditions compared to industrial scale composting facilities and the composting process of which is performed by private individuals with the aim of producing compost for their own use.
Change 9
Changed:Article 3 – paragraph 1 – point 41 ab (new): (41a)(41b) 'bio-based plastic' means a plastic whose raw materials are made from biomass1a; / 1a Communication for an EU policy framework on bio-based, biodegradable and compostable plastics, COM(2022), 682 final, 30/11/2022.
Change 10
Added:Article 6 – paragraph 2 – subparagraph 1 – point d: (d) it can be recycled so that the resulting secondary raw materials are of sufficient quality to substitute primary raw materials;
Change 11
Changed:Article 6 – paragraph 8 – subparagraph 2: (a) where a unit of packaging includes integrated components, the assessment of compliance with the design for recycling criteria and with the at scale recyclability requirements shall include all integrated components.components;
Change 12
Removed:Article 6 – paragraph 9 – subparagraph 3: After the period referred to in the first sub-paragraph, such packaging shall be accompanied by the technical documentation referred to in paragraph 8 and shall therefore be in compliance with the requirements set out in this Article.
Added:Amendments 110 and 369
Added:Article 6 – paragraph 9 – subparagraph 3
Added:Amendment: After the period referred to in the first sub-paragraph, such packaging shall be accompanied by the technical documentation referred to in paragraph 8 and shall therefore be in compliance with the requirements set out in this Article. / Member States shall continuously aim to improve collection and sorting infrastructures for innovative packaging with expected environmental benefits.
Change 13
Changed:Article 6 – paragraph 10 a (new): 10a. The Commission shall assess the need to extendUntil the derogation established under paragraph 10. That assessment shall take into account the available scientific guidelines of the relevanttheir regulatorystatus authorities,by the state of scientific and technical progress, andCommission thepursuant availabilityto andparagraph prices10b of recyclable materials. Onthis thatArticle, basisthis andArticle aftershall consultationnot withapply relevantto stakeholders,wood thepackaging Commissionand shallwax present,packaging ifcovered appropriate,by aRegulation legislative(EC) proposal.1935/2004.
Change 14
Added:Article 6 – paragraph 10 b (new): 10b. 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.
Change 15
Removed:Article 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.
Added:Amendments 117, 427 and 450
Added:Article 6 a (new)
Added:Amendment: Article 6a / Inert packaging / By 1 January 2029, the Commission shall adopt delegated acts in accordance with Article 58 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. / Obligations under Article 6 shall not apply to this kind of packaging until those delegated acts are adopted.
Change 16
Changed:Article 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 609/2013.609/2013;
Change 17
Changed:Article 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 productproduct.
Change 18
Changed:Article 7 – paragraph 4: 4. Paragraphs 1 and 2 shall not apply to :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.
Change 19
Changed:Article 7 – paragraph 4 a (new): 4a. MemberParagraphs States1 and 2 shall ensurenot thatapply comprehensiveto collectionplastic andpackaging sortingintended infrastructuresto arecome into contact with food in placecase the amount of recycled content poses a threat to facilitatehuman recyclinghealth and torisks ensurecompromising availabilitythe plasticcompliance feedstockrequirement forof recycling.products.
Change 20
Added:Article 7 – paragraph 4 b (new): 4b. Member States shall ensure that comprehensive collection and sorting infrastructures are in place to facilitate recycling and to ensure availability plastic feedstock for recycling.
Change 21
Added:Article 7 a (new): Article 7a / Bio-based feedstock in plastic packaging / By 31 December 2025, the Commission shall publish a report assessing the possibility of laying down targets for the use of bio-based feedstock in plastic packaging. Where appropriate, and based on that report, the Commission shall present a legislative proposal in order to: / (a) lay down sustainability requirements for bio-based feedstock in plastic packaging, taking into consideration the existing sustainable criteria laid down in Article 29 of Directive (EU) 2018/2001; / (b) lay down targets for the use of bio-based feedstock in plastic packaging.
Change 22
Changed:Article 8 – paragraph 5: 5. After consultatingconsulting 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.
Change 23
Changed:Article 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, and the purpose of the product, taking account of the shape and the material that the packaging is made of.
Change 24
Changed:Article 11 – paragraph 4 – subparagraph 1: Labels referred to in paragraphs 1 to 3 and, where applicable,and the QR code or other type of digital data carrier referred to in paragraphs 1 andparagraph 2 shall be placed, printed or engraved visibly, clearly legibly,legibly and accessiblefirmly on the packaging.packaging, so that it cannot be easily erased. 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. / Where this is not possible or not warranted on account of the nature and size of the packaging or where it is relevant to provide for non-discriminatory access to information for vulnerable groups, particularly visually impaired persons, labels referred to in paragraphs 1 and 3 shall be provided via a single electronically readable code or other type of data carrier.
Change 25
Removed:Article 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.
Change 26
Changed:Article 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 made 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.
Change 27
Changed:Article 13 – paragraph 8 a (new): 8a. By way of derogation from paragraph,paragraph 8, 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.
Change 28
Changed:Article 17 – paragraph 3 – subparagraph 2 a (new): Information disclosed by the producer shall not be used by the distributor for any purposeotherpurpose other than to verify compliance with applicable requirements. The misuse of such information by distributors for commercial purposes shall be prohibited.
Change 29
Changed:Article 21 – paragraph 1: 1. EconomicBy 1 January 2030, economic operators who supply products to a final distributor or an end user in grouped packaging, transport packaging or e-commerce packaging, shall ensure that the empty space ratio is maximum 40 %minimised in accordanceline with the provisions laid down byin PartsPart 1 of Annex IV, unless it is required to protect and 2transport fragile goods or it would lead to an increased amount of Annexpackaging IV.material due to the specific shape of the product or sales packaging.
Change 30
Removed:Article 22 – paragraph 1: 1. By 31 December 2027 at the latest, economic operators shall not place on the market packaging in the formats and for the purposes listed in Annex V.
Added:Amendments 437 and 499
Added:Article 22 – paragraph 1
Added:Amendment: 1. From 1 January 2030, economic operators shall not place on the market packaging in the formats and for the purposes listed in Annex V unless: / (a) such placing on the market is in line with Article 4(2) of Directive 2008/98/EC; and / (b) the economic operators can show effective collection for recycling of these packaging formats, on the basis of the predominant packaging material, at least 85 % by weight by 2028 and every year thereafter.
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Added:Article 22 – paragraph 1 a (new): 1a. The provision laid down in paragraph 1 shall be without prejudice to Article 8(3a).
Added:Article 22 – paragraph 2: 2. By way of derogation from paragraph 1, economic operators shall not place on the market packaging in the formats and for the purposes listed in point 3 of Annex V as of 1 January 2030 unless they can demonstrate that at least 85 %, by weight, of the packaging waste they place on the market for immediate consumption is separately collected for recycling at the point of sale, based on the predominant packaging material. / Economic operators subject to the obligation referred to in the first subparagraph shall report on a yearly basis to the Member States the weight of separately collected packaging waste per material. Each Member State shall provide aggregated data per separately collected packaging material to the Commission.
Change 31
Changed:Article 22 – paragraph 4: 4. The Commission shall be empowered to adopt delegated acts in accordance with Article 58 to amend Annex V in order to adapt it to technicalBy and... scientific[OP: progressplease withinsert the objective to reducingdate packaging= waste5 andyears improvingafter the overall environmental outcome, which may require specific waste streamsdate departingof fromentry theinto hierarchyforce whereof this is justified by an independent and peer reviewed life-cycle assessment. When adopting those delegated acts,Regulation], the Commission shall consider the potential ofreview 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. To that end, the Commission shall submit a report to the European Parliament and to the Council, accompanied, if appropriate, by a legislative proposal.
Change 32
Removed:Article 26 – paragraph 1: 1. Economic operators, including online platforms, making large household appliances listed in point 1 of Annex II to Directive 2012/19/EU available on the market for the first time within the territory of a Member State : / (a) shall ensure that from 1 January 2030, 50% of those products are made available in reusable transport packaging within a system for reuse; / (b) shall aim to ensure that from 1 January 2040, 90% of those products are made available in reusable transport packaging within a system for reuse.
Added:Amendments 197, 374 and 442
Added:Article 26 – paragraph 1
Added:Amendment: 1. Economic operators, including online platforms, making large household appliances listed in point 1 of Annex II to Directive 2012/19/EU available on the market for the first time within the territory of a Member State : / (a) shall ensure that from 1 January 2030, 50% of those products are made available in reusable transport packaging, excluding cardboard, within a system for reuse; / (b) shall aim to ensure that from 1 January 2040, 90% of those products are made available in reusable transport packaging, excluding cardboard, within a system for reuse. / Protective packaging which is designed to protect fragile and/or heavy goods and which is custom-designed to protect specific appliances shall be exempt from the re-use requirement.
Change 33
Changed:Article 26 – paragraph 3 a (new): 3a. Where a final distributor makes non-alcoholic beveragesbeverages, with the exception of milk, in sales packaging available on the market: / (a) it shall ensure that, within the territory of a Member State from 1 January 2030, at least 20 % of those products are made available in reusable packaging within a system for re-use; / (b) it shall aim to ensure that from 1 January 2040, at least 35 % of those products are made available in reusable packaging within a system for re-use.
Change 34
Added:Article 26 – paragraph 6 a (new): 6a. Member States shall exempt economic operators from the obligation under paragraphs 3a, point (a), and 3b, point (a), of this Article when the rate of recycling as reported by the Member States to the Commission under Article 50(2), point (c), is above 85 % by weight of such packaging material placed on the market of that Member State in the calendar years 2026 and 2027. / Where such reporting shows that the rate of recycling of the respective packaging material is below 85 %, the Member State shall submit an implementation plan to the Commission showing a strategy with concrete actions, including a timeline, that ensure the achievement of the 85 % recycling rate by weight of the respective packaging material within two years.
Change 35
Removed:Article 26 – paragraph 7 – point b: (b) shall aim to ensure that from 1 January 2040, at least 90 % of such packaging used is reusable packaging within a system for re-use.
Added:Article 26 – paragraph 7 – point b: deleted
Change 36
Removed:Article 26 – paragraph 8 – point b: (b) shall aim to ensure that from 1 January 2040, at least 50 % of such packaging used is reusable packaging within a system for re-use;
Added:Article 26 – paragraph 8 – point b: deleted
Change 37
Removed:Article 26 – paragraph 9 – point b: (b) shall aim to ensure that from 1 January 2040, at least 30 % of such packaging used for transport is reusable packaging within a system for re-use;
Added:Article 26 – paragraph 9 – point b: deleted
Change 38
Removed:Article 26 – paragraph 10 – point b: (b) shall aim to ensure that from 1 January 2040, at least 25 % of such packaging they used is reusable packaging within a system for re-use.
Added:Article 26 – paragraph 10 – point b: deleted
Added:Article 26 – paragraph 10 a (new): 10a. The targets laid down in paragraphs 3a and 3b may also be achieved by enabling refill.
Change 39
Added:Article 26 – paragraph 13 a (new): 13a. Economic operators shall be exempted from the obligation to meet targets in this Article, when the rate of recycling of the predominant packaging material as reported by the Member States to the Commission under Article 50(2), point (c), or when the rate of recycling of packaging formats - such as PET bottles or aluminium cans - is above 85 % by weight of such packaging placed on the market on the territory of that Member State in the calendar year 2027 or any calendar year thereafter.
Added:Article 26 – paragraph 13 b (new): 13b. The targets laid down in this Article shall not apply to in sales packaging of highly perishable drinks and beverages as defined in Regulation (EU) No 1169/2011.
Added:Amendment 505/rev1
Added:Article 26 – paragraph 13 c (new)
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Added:Amendment: 13c. The targets laid down in this Article shall not apply to in sales packaging of wine, sparkling wine, aromatised wine products and spirituous beverages as defined by nomenclature codes 2208.
Change 40
Removed:Article 26 – paragraph 15: 15. Economic operators shall be exempted from the obligation to meet the targets in paragraphs 3a and 3b if, during a calendar year, they have a sales area of not more than 100 m2, including also all storage and dispatch areas.
Added:Article 26 – paragraph 14 a (new): 14a. By ... [OP: please insert date two years from the date of entry into force of this Regulation], the Commission shall adopt delegated acts in accordance with Article 58 regarding the requirements for the preparation of a life cycle assessment to justify an exemption under this Article. Economic operators shall be exempted from the obligation to meet the targets in this Article if reuse is not the option that delivers the best overall environmental outcome on the basis of such a life cycle assessment.
Added:Article 26 – paragraph 15: 15. Economic operators shall be exempted from the obligation to meet the targets in this Article if: / (a) they have a sales area of not more than 200 m2, including also all storage and dispatch areas; / (b) reuse is not the option that delivers the best overall environmental outcome on the basis of a life cycle assessment, in line with the waste hierarchy as defined in Article 4 of Directive 2008/98/EC, and without prejudice to requirements on health, hygiene and safety.
Added:Article 26 – paragraph 15 a (new): 15a. Economic operators shall be exempted from the obligations under this Article if the rate of separate collection, as required under Article 43(3), (4) and (4b), of the respective packaging material, as reported to the Commission under Article 50(1) point (c), is above 85 % by weight of such packaging placed on the market on the territory of the Member State in which they operate in the calendar years 2026 and 2027. / Where such reporting shows that the rate of separate collection of the respective packaging material is below 85 %, the Member State shall submit an implementation plan showing a strategy with concrete actions, including a timeline that ensures the achievement of the 85 % separate collection rate by weight of the respective packaging material within two years.
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Added:Article 26 – paragraph 15 b (new): 15b. Economic operators shall be exempted from the obligation to meet the targets laid down in paragraphs 7, 12 and 13 of this Article for all transport packaging that is in direct contact with food as defined in Regulation (EC) No 178/2002 and feed.
Added:Article 26 – paragraph 15 c (new): 15c. Economic operators shall be exempted from the obligation to meet the targets laid down in this Article for all products subject to geographical indications of origin protected under Union legislation.
Change 41
Removed:Article 26 – paragraph 16 – point a: (a) targets for other products than those covered by paragraphs 1 to 6 of this Article and other packaging formats than those in paragraphs 7 to 10, based on the positive experiences with measures taken by Member States under Article 45(2) and with a particular emphasis on the sectors of cold and hot takeaway beverages, takeaway food, detergents, hygiene, ready-prepared meals and pet food,
Added:Article 26 – paragraph 16 – point a: deleted
Change 42
Changed:Article 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.reuse,
Change 43
Removed:Article 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.
Added:Article 26 – paragraph 16 – point c a (new): (ca) requirements for the preparation of a life cycle assessment to justify an exemption under paragraph 15, point (b).
Added:Article 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 based on an independent and peer reviewed life-cycle assessment. The Commission shall also assess the development of cardboard packaging waste and its environmental impacts and material substitution effects that might occur due to material exemptions in Article 22, in combination with Annex V, and due to Article 26(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, and (b), if necessary, setting new targets for the reuse in other sectors and for other packaging formats and materials.
Change 44
Removed:Article 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.
Added:Article 34 – paragraph 4 a (new): 4a. By 31 December 2025, the Commission shall develop a methodology to certify that materials labelled and documented as recycled content placed on the Union market are indeed produced from recovered and recycled materials and not virgin materials. The Commission shall ensure that this methodology is taken into account in the checks performed pursuant to this Article.
Added:Article 34 – paragraph 4 b (new): 4b. 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 the 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 checks 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 to 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 the event 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/EC of the European Parliament and of the Council1a and shall be made publicly available. / 1a Directive 2003/4/EC of the European Parliament and of the Council of 28 January 2003 on public access to environmental information and repealing Council Directive 90/313/EEC (OJ L 41, 14.2.2003, …
Change 45
Added:Article 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.
Change 46
Changed:Article 44 – paragraph 1 – point a: (a) single use plastic beverage bottles with the capacity of 0.1from litres0,1 uplitre to three litres; and
Change 47
Changed:Article 44 – paragraph 1 – point b: (b) single use metal beverage containers with a capacity of 0, 1from litres0,1 uplitre to three litres.
Change 48
Removed:Article 44 – paragraph 3 – introductory part: 3. Without prejudice to paragraph 1 of this Article, Member States will be exempted from the obligation under paragraph 1 provided that at least one of the following conditions is met:
Added:Amendments 275 and 430
Added:Article 44 – paragraph 3 – introductory part
Added:Amendment: 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:
Change 49
Changed:Article 45 – paragraph 1: 1. By December31 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.
Change 50
Changed:Article 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 relvantrelevant to the risk. The relevant economic operators shall cooperate as necessary with the market surveillance authorities.
Change 51
Changed:Article 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 periodrevoke shall beput extendedan byend twoto monthsthe atdelegation of the initiativepower specified in that decision. It shall take effect the day following the publication of the decision in the Official Journal of the European ParliamentUnion or ofat a later date specified therein. It shall not affect the Council.validity of any delegated acts already in force.
Change 52
Added:Article 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.
Change 53
Added:Amendment 510/rev1
Added:Annex I – paragraph 6
Added:Amendment: Transport trays and carry packs for flower and plants pots intended to be used only for selling and transporting
Change 54
Added:Amendment 511/rev1
Added:Annex I – paragraph 15
Added:Amendment: Flower and plants pots, including directly fillable bedding packs, used throughout different stages of production or intended to be sold with the plant
Change 55
Added:Table 1
Change 56
Changed:Annex IV – Part I – point 6:3 6.a Legal(new): requirements:3a. Packaging functionality: the packaging design shall ensure that the packaging andits packagedfunctionality, productincluding cancriteria complyfor withconsumers’ theproducts applicableacceptance. legislationDesign includingelements therequired protectionto ofindicate geographicaldistinctive indicationsproduct protectedrecognition, underintellectual Unionproperty legislationrights or thegeographical legalindications protectionof origin under RegulationUnion (EC)legislation Noshall 6/2002.be respected.
Change 57
Added:Annex IV – Part I – point 6: 6. Legal requirements: the packaging design shall ensure that the packaging and packaged product can comply with the applicable legislation including the protection of geographical indications under Union legislation or legal protection under intellectual property rights.
Change 58
Added:Amendments 391cp1 and 512
Added:Amendments 391cp2 and 513
Added:Amendment 391cp3