What changed between the draft committee report and the plenary report

Removed:Recital 60: (60) The problem of excessive packaging waste generation cannot be fully addressed by setting obligations on packaging design. For certain packaging types, obligations to reduce the empty space should be set on economic operators in terms of reducing the empty space when using such packaging. In case of grouped, transport and e-commerce packaging used for supply of products to final distributors or end user, the empty space ration should not exceed 40 %, and be compatible with the requirements set out in Annex IV. In line with the waste hierarchy, it should be possible for economic operators using sales packaging as e-commerce packaging to be exempted from this obligation.

Removed:See amendment for Article 21(1)

Removed:Recital 61: (61) In order to ensure a high level of environmental protection in the internal market as well as a high level of food safety and hygiene, and facilitate the achievement of the packaging waste prevention targets, unnecessary or avoidable packaging should not be allowed to be placed on the market. The list of such packaging formats is provided in Annex V of this Regulation. In order to adapt the list to the technical and scientific progress the power to adopt acts in accordance with Article 290 of the Treaty should be delegated to the Commission to add other packaging formats to the list.

Removed:See amendment for Article 22(4)

Removed:In the European Union, there is no consistent system of re-use for take-away food and drink. Furthermore, reuse and refill concepts should not be mixed as they have a different function in the concept of circularity.

Removed:Recital 68: (68) To increase their effectiveness and ensure the equal treatment of economic operators, re-use targets should be placed on the final distributors. The targets should be calculated as a percentage of sales in reusable packaging within a system for re-use or, in case of transport packaging, as a percentage of uses. The targets should be material neutral. In order to ensure uniform conditions for the implementation of targets for re-use and refill, the power to adopt an implementing act in accordance with Article 291 of the Treaty on the methodology for their calculation, should be delegated to the Commission.

Removed:See justification to amendment of Article 26 - Title. Following, the legislation in place in different Member States for reuse in beverage sectors, the mandatory targets should be put only on the final distributor and the targets should be aspirational for manufacturers.

Removed:Recital 70: (70) Achieving re-use targets can be challenging for smaller economic operators. Therefore, certain economic operators should be exempted from the obligation to meet the packaging re-use targets if they place less than a certain volume of packaging on the market, or fulfil the definition of micro-company under Commission Recommendation 2003/36160, or have the sales area, including all storage and dispatch areas, under a certain surface limit. The power to adopt acts in accordance with Article 290 of the Treaty should be delegated to the Commission to establish re-use targets for other products or to lay down further exemptions for other economic operators.

Removed:See justification for amendment of Article 26 concerning the exemption power given to the Commission

Removed:Recital 73 a (new): (73a) As very light plastic carrier bags have a high potential to become waste and contribute to marine pollution, measures should be taken to restrict their placing on the market except for strictly necessary uses. Those plastic bags should not be placed on the market as packaging for bulk foodstuffs, except for hygienic reasons or for packaging wet bulk foodstuffs such as raw meat, fish or dairy products. For very lightweight plastic carrier bags to which that marketing restriction does not apply, the provisions introduced by Article 29 (aligned with Directive (EU) 2015/720) should apply.

Removed:See justification for amendment to Article 22(a - NEW).

Removed:Self-justification.

Removed:Recital 91 b (new): (91b) A first round of negotiations on an international treaty to end plastic pollution opened under the auspices of the United Nations on 28 November 2022 in Uruguay, as a result of a resolution against plastic pollution approved on 2 March 2022 by 175 states in Nairobi, Kenya, at the United Nations Environment Assembly. On 24 November 2022, the 35 member countries of the Coalition of Countries to Stop Plastic Pollution, including the European Union, issued a declaration calling for the most ambitious treaty possible, making it essential that this Regulation lives up to the challenge of tackling plastic pollution.

Removed:Self-justification.

Removed:Recital 103 b (new): (103b) This Regulation should take into account the diversity of DRS systems that exist in Europe, and ensure that technological developments in these systems are not hindered when they meet the conditions and criteria for increasing collection rates and ensuring better quality recycling. For example, digital DRS offers consumers a QR code system, with a refund of the deposit when deposited at a separate collection point at home or on-the-go.

Removed:See amendment in Annex X

Removed:See justification for Article 26 - Title

Added:Recital 113 b (new): (113b) An economic operator should be able to make environmental claims on packaging placed on the market only if they are substantiated in accordance with the Directive on Green Claims. As regards recyclability, the level of recycled content and reusability, those claims should be possible only for packaging properties exceeding the applicable minimum requirements set out in this Regulation.

Removed: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, the Commission should take into account the energy consumption of new technologies, and, in the context of the revision of the Union legislative framework on environmental claims, avoid misleading environmental claims, by limiting these applications to a truly circular approach, excluding, for example, approaches to converting materials into fuel.

Added:Recital 117 a (new): (117a) Separate out-of-home collection is an important element in order to increase collection rates of packaging, and improve its circularity. Member States and economic actors should be able to take specific measures for separate out-of-home collection, adapted to the location and habits of consumers.

Removed:Chemical recycling has a role to play in packaging circularity, although this terminology refers to many waste treatment techniques, and there is currently no mature industry sector in the field. In order to ensure and preserve the sustainability of the sector, and to avoid greenwashing, it is essential that chemical recycling is only applied to packaging that cannot be treated by mechanical recycling, in a material by material approach. It is also essential that Commission takes into account the climate impact of different recycling technologies.

Added:Recital 123: (123) Effective enforcement of sustainability requirements is essential to ensure fair competition to ensure that this Regulation’s expected benefits and contribution to achieving the Union’s climate, energy and circularity objectives are achieved. Therefore, a minimum number of checks of economic operators placing packaging on the Union market should be established, and Regulation (EU) 2019/1020 of the European Parliament and of the Council73setting out a horizontal framework for market surveillance and control of products entering the Union market should apply to packaging for which sustainability requirements are set pursuant to this Regulation.

Removed:Recital 117 a (new): (117a) Separate out-of-home collection is an important dimension in order to increase collection rates of packaging, and improve its circularity. Member States and economic actors should be able to take specific measures for separate out-of-home collection, adapted to the location and habits of consumers.

Added:Recital 130: (130) In order to safeguard the functioning of the internal market, and create a level playing field, it is necessary to ensure that packaging from third countries entering the Union market complies with this Regulation, whether it is imported as self-standing packaging or in a packaged product. In particular, it is necessary to ensure that appropriate conformity assessment procedures have been carried out by manufacturers with regard to that packaging. Priority should be given to cooperation in the market between market surveillance authorities and economic operators. Therefore, whereas they may concern any packaging entering the Union market, interventions by authorities designated pursuant to Article 25(1) of Regulation (EU) 2019/1020 should focus primarily on packaging subject to prohibition measures taken by market surveillance authorities. In case they take such prohibition measures, and they are not restricted to the national territory, market surveillance authorities should communicate to authorities designated for the controls on packaging entering the Union market the details necessary for the identification of such non-compliant packaging at the borders, including information on the packaged products and the economic operators to enable a risk-based approach for products entering the Union market. In such cases, customs will aim at identifying and stopping this packaging at the borders.

Removed:Out-of-home collection is always a major challenge, especially in tourist or remote areas, while its role in combating litter is essential.

Added:Article 1 – paragraph 1: 1. This Regulation establishes requirements for the entire life cycle of packaging as regards environmental sustainability and labelling, to allow its placing on the market, as well as for the extended producer responsibility, prevention, reduction in unnecessary packaging, reuse or refill of packaging, collection, treatment and recycling of packaging waste.

Removed:Recital 138: deleted

Added:Article 1 – paragraph 3: 3. This Regulation contributes to the transition to a circular economy and achieving climate neutrality at the latest by 2050 as provided for under Regulation (EU) 2021/1119, by laying down measures in line with the hierarchy of waste in accordance with Article 4 of Directive 2008/98/EC and by providing a supportive legal framework which gives certainty to European industry for their investments towards achieving circularity of packaging.

Removed:Repetition with Recital 140

Added:Article 2 – paragraph 2: 2. This Regulation applies without prejudice to Union regulatory requirements for packaging such as those regarding safety, quality, the protection of health and the hygiene of the packed products, or to transport requirements, as well as without prejudice to the provisions of the Directive 2008/98/EC as regards the management of hazardous waste and, in accordance with Article 4 of that Directive, the application by Member States of measures relating to the waste hierarchy which allow the best environmental result to be achieved.

Removed:Recital 139: (139) In order to allow Member States to take the necessary administrative measures regarding the organisation of the authorisation procedures by the competent authorities, while keeping continuity for economic operators, the application of this Regulation should be deferred.

Added:Article 3 – paragraph 1 – point 1 – point f: (f) permeable tea or coffee bags or soft after-use system and single-serve units that contain a tea or coffee product and are intended to be used and disposed of together with the product;

Removed:Simple correction

Added:Article 3 – paragraph 1 – point 1 – point g: (g) non-permeable coffee or tea system single-serve unit necessary to contain a coffee or tea product and intended to be used and disposed of together with the product;

Removed:Article 1 – paragraph 1: 1. This Regulation establishes requirements for the entire life cycle of packaging as regards environmental sustainability and labelling, to allow its placing on the market, as well as for the extended producer responsibility, collection, treatment and recycling, reuse or refill of packaging waste.

Added:Article 3 – paragraph 1 – point 4: (4) ‘transport packaging’ means packaging conceived so as to facilitate handling and transport of any number of sales units or grouped packages, including e-commerce packaging but excluding road, rail, ship and air containers, in order to prevent damage from physical handling and transport to the product;

Removed:Reuse and refill are part of the set of solutions and practices that are addressed in this Regulation to ensure the environmental sustainability of packaging.

Added:Article 3 – paragraph 1 – point 16: (16) ‘final distributor’ means the distributor who delivers packaged products or products that can be purchased through refill or re-use to the end user;

Removed:Article 1 – paragraph 3: 3. This Regulation contributes to the transition to a circular economy, by laying down measures in line with the hierarchy of waste in accordance with Article 4 of Directive 2008/98/EC and a supportive legal framework for the industry’s ongoing investments towards achieving packaging circularity.

Added: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, 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;

Removed:This Regulation should support the packaging sector's efforts towards environmental sustainability and circularity by providing a clear legal framework and a clear timetable.

Removed:Article 3 – paragraph 1 – point 16: (16) 'final distributor’ means the distributor who delivers packaged products or products that can be purchased through refill or re-use to the end user;

Removed:Final distributors, mentioned several times in Article 26, are also involved in reuse, hence this clarification.

Removed:Refer to the amendment to Article 3(22)

Added:Article 3 – paragraph 1 – point 31: (31) ‘design for recycling’ means design of packaging, including individual components of packaging, in order to ensure its recyclability with state-of-the-art collection, sorting and recycling processes, giving priority to mechanical recycling processes;

Removed:Article 3 – paragraph 1 – point 28: (28) ‘refill’ means an operation, considered as a packaging waste prevention measure, by which an end user fills its own container, which fulfils the packaging function with a product or several products offered by the final distributor in the context of a commercial transaction;

Removed:As currently defined in the proposal, the action of refilling refers to an operation by which an end-user fills his own container. In this sense, the container is not a packaging but a product belonging to the consumer. Therefore, the refilling operation by a consumer should be considered as a packaging waste prevention measure.

Removed:The notion of high quality recycling is mentioned several times in the text, without ever being defined. The introduction of this new definition clarifies this important aspect of the Regulation.

Added:Article 3 – paragraph 1 – point 37: (37) ‘innovative packaging’ means a form of packaging that is manufactured using new and innovative materials, design or production processes, resulting in a significant improvement in the functions of packaging, such as containment, protection, handling, delivery of products, and in demonstrable environmental benefits overall, with the exception of packaging that is the result of modification of existing packaging for the main purpose of improved presentation of products and marketing;

Removed:Article 3 – paragraph 1 – point 37: (37) ‘innovative packaging’ means a form of packaging that is manufactured using new materials, including innovative polymers, design or production processes, resulting in a significant improvement in the functions of packaging, such as containment, protection, handling, delivery of products, and in demonstrable environmental benefits, with the exception of packaging that is the result of modification of existing packaging for the sole purpose of improved presentation of products and marketing;

Added:Article 3 – paragraph 1 – point 38: (38) ‘secondary raw materials’ means materials that have been obtained through recycling processes and have undergone all necessary checking and sorting and can substitute primary raw materials;

Removed:Mere presentation, as stated at the end of the definition, does not seem to be a sufficient criterion to justify all exemptions for innovative packaging. Furthermore, innovative polymers, as defined in the amendment to Article 3(37a new), are the kind of new materials that provide a net environmental benefit, and also stimulate innovation in the packaging sector.

Added:Article 3 – paragraph 1 – point 40: (40) ‘contact sensitive packaging’ means packaging that is intended to be used in any packaging applications in the scope of Regulations: (EC) No 1831/2003, (EC) No 1935/2004, (EC) No 767/2009, (EC) No 2009/1223, (EU) 2017/745, (EU) 2017/746, (EU) 2019/4, (EU) 2019/6, Directive 2001/83/EC, Directive 2002/46/EC of the European Parliament and of the Council1a, or Directive 2008/68/EC; / 1a Directive 2002/46/EC of the European Parliament and of the Council of 10 June 2002 on the approximation of the laws of the Member States relating to food supplements (OJ L 183, 12.7.2002, p. 51).

Removed:Article 3 – paragraph 1 – point 37 a (new): (37a) ‘innovative polymer’ means a polymer that has not been chemically modified and that: is bio-based, is created by using or replicating or imitating naturally occurring processes found in plants, fungi, or bacteria, retains its basic chemical structure during any process to convert it, and neither contains nor generates persistent synthetic polymers microparticles during biodegradation;

Added:Article 3 – paragraph 1 – point 41: (41) 'compostable packaging’ means packaging capable of undergoing physical, chemical, thermal or biological decomposition such that most of the finished compost ultimately decomposes into carbon dioxide, mineral salts, biomass and water, according to Article 47(8), and does not hinder the separate collection and the composting or anaerobic digestion process or activity into which it is introduced in industrially controlled conditions, in accordance with the applicable requirements laid down in the harmonised European standards EN 13432;

Removed:See the justification for the amendment to Article 3(37) on innovative polymers.

Added:Article 3 – paragraph 1 – point 41 b (new): (41b) ‘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.

Removed:Article 3 – paragraph 1 – point 41 a (new): (41a) 'biodegradable packaging’ means packaging that is capable of undergoing physical and biological decomposition so that it eventually breaks down into carbon dioxide (CO2), biomass and water and is, in accordance with European packaging standards, recoverable through composting and anaerobic digestion;

Added:Article 3 – paragraph 1 – point 41 a (new): (41a) '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.

Removed:The introduction of this new definition clarifies the provisions of Article 8 concerning compostability.

Added:Article 3 – paragraph 1 – point 50: (50) ‘deposit’ means a defined sum of money, not being part of the price of a packaged or filled product that is collected from the end user when purchasing such packaged or filled product, covered by a deposit and return system in a given Member State and redeemable when the end user, or any other person, returns the deposit bearing packaging to a collection point established for that purpose;

Removed:Article 3 – paragraph 1 – point 50: (50) ‘deposit’ means a defined sum of money, not being part of the price of a packaged or filled product that is collected from the end user when purchasing such packaged or filled product, covered by a deposit and return system in a given Member State and redeemable when the end user returns the deposit bearing packaging to a collection point established for that purpose;

Removed:Deposits/refunds will be modified over time depending on economic circumstances and performance, therefore the word "fixed" must be changed

Removed:Article 4 – paragraph 5: 5. In addition to the labelling requirements laid down in Article 11, Member States may provide for further labelling requirements, for the purpose of identifying the extended producer responsibility scheme or a deposit and return system other than those referred to in Article 44(1), as long as such labelling does not create a risk of confusion for the consumer.

Added:Article 5 – paragraph 2 a (new): 2a. Food contact packaging containing intentionally added per- and polyfluorinated alkyl substances (PFASs) shall not be placed on the market from ... [OP: Please insert the date = 18 months from the date of entry into force of this Regulation].

Removed:Article 5 – paragraph 1: 1. Packaging shall be so manufactured that the presence and concentration of substances of concern as constituents of the packaging material or of any of the packaging components is minimised, including with regard to their presence in emissions and any outcomes of waste management, such as secondary raw materials, ashes or other material for final disposal including their immediate and cumulative impact on the environment in the case of microplastic generation.

Added:Article 5 – paragraph 2 b (new): 2b. Food contact packaging containing intentionally added Bisphenol A (BPA, CAS 80-05-7) shall not be placed on the market from ... [OP: Please insert the date = 18 months from the date of entry into force of this Regulation].

Removed:See justification for the amendment of Recital(30).

Added:Article 5 – paragraph 3: 3. Compliance with the requirements set out in paragraphs 1, 2, 2a and 2b shall be demonstrated in the technical documentation drawn up in accordance with Annex VII.

Removed:Article 5 – paragraph 2 a (new): 2a. Paper and cardboard food packaging containing per- and polyfluorinated alkyl substances (PFASs) shall not be placed on the market.

Added:Article 5 – paragraph 4: 4. Without prejudice to paragraphs 2a and 2b, recyclability requirements established in delegated acts adopted pursuant to Article 6(5) shall not restrict the presence of substances in packaging or packaging components for reasons primarily related to chemical safety, unless there is an unacceptable risk to human health or to the environment arising from the use of a substance in the packaging at any stage of its life cycle. They shall also address substances of concern that have a negative impact on the re-use, sorting and recycling of materials in the packaging in which they are present, and identify the specific substances concerned and the criteria and limitations associated with them.

Removed:In relation to recital 15a, b and c, PFASs are used in an increasingly wide range of consumer products, including packaging. The authorities of four Member States have asked ECHA to investigate the possibility of banning PFASs in a restriction report, which highlights the health and environmental risks associated with their exposure. In May 2020, Denmark banned PFASs in food contact materials and articles made of paper and cardboard. Based on this example, pending ECHA's restriction opinion on a broader ban on PFASs, all paper and cardboard food packaging containing PFASs should be banned.

Added:Article 6 – paragraph 1: All packaging placed on the market shall be recyclable in accordance with paragraph 2.

Removed:The rapporteur supports the Commission's approach that restrictions due to chemical or food safety risks should be dealt with in other frameworks (REACH, food contact regulation) except when the risk is not controllable and is the subject of a scientific consensus as on PFASs.

Added:Article 6 – paragraph 3: 3. Recyclable packaging shall : / (a) comply with the design for recycling criteria as laid down in the delegated acts adopted pursuant to paragraph 4 no later than 36 months after the date of publication of the delegated acts referred to in paragraph 4; and / (b) comply with the recyclability at scale requirements laid down in the delegated acts adopted pursuant to paragraph 6 no later than 36 months after the date of publication of the delegated acts referred to in paragraph 6, in addition to point (a) of this paragraph. / Where such packaging complies with those delegated acts, it shall be considered to comply with paragraph 2, points (a) and (e).

Removed:Article 6 – paragraph 1: 1. From 1 January 2030, all packaging placed on the market shall be recyclable.

Added:Article 6 – paragraph 3 a (new): 3a. The criteria and requirements referred to in paragraph 3 shall establish: / (a) the manner in which to express the result of the recyclability assessment in recyclability performance grades from A to E, as set out in Table 3 of Annex II, based on the percentage of the packaging unit, in weight, which is recyclable in accordance with paragraph 1; / (b) detailed design for recycling criteria , including specific requirements for high quality recycling, where appropriate, for each packaging material and category listed in Table 1 of Annex II; / (c) a description, for each packaging category listed in Table 1 of Annex II, of the conditions for compliance with the respective performance grades; / (d) the modulation of the financial contributions to be paid by producers to comply with their extended producer responsibility obligations as referred to in Article 40, based on the packaging performance grade; / (e) the manner in which to assess the recyclability at scale for each packaging category listed in Table 1 of Annex II in order to establish updated recyclability performance grades.

Removed:Establishment of a clear date for the recyclability requirement for all packaging placed on the European market

Added:Article 6 – paragraph 4 – subparagraph 1: By 1 January 2027 the Commission shall, after consulting the Packaging Forum established under Article 12a and taking into consideration standards developed by the European Standards Organisations, adopt delegated acts in accordance with Article 58 to supplement this Regulation in order to : / (a) establish design for recycling criteria and recycling performance grades based on the criteria and parameters listed in Tables 2 and 2a of Annex II for packaging categories listed in Table 1 of that Annex; design-for-recycling criteria shall consider state-of-the-art collection, sorting and recycling processes and shall cover all packaging components; / (b) establish rules concerning the modulation of financial contributions to be paid by producers to comply with their extended producer responsibility obligations set out in Article 40(1), based on the packaging recycling performance grade, and where applicable, the percentage of recycled content.

Removed:Paragraphs b, c and d are not deleted permanently, but simply redistributed in the criteria to be taken into account when drafting the delegated acts on recyclability criteria, and on recyclability at scale.

Added:Article 6 – paragraph 5 – subparagraph 1 b (new): From 36 months after the date of publication of the delegated acts referred to in paragraph 6, packaging shall not be considered recyclable if it does not comply with the recyclability at scale requirements laid down in the delegated acts adopted pursuant to paragraph 6.

Removed:Article 6 – paragraph 2 – subparagraph 1 – point c: deleted

Removed:Paragraphs c, d and e are not deleted permanently, but simply redistributed in the criteria to be taken into account when drafting the delegated acts on recyclability criteria, and on recyclability at scale.

Removed:Article 6 – paragraph 2 – subparagraph 1 – point d: deleted

Removed:Paragraphs b, c and d are not deleted permanently, but simply redistributed in the criteria to be taken into account when drafting the delegated acts on recyclability criteria, and on recyclability at scale.

Removed:Article 6 – paragraph 2 – subparagraph 1 – point e: (e) it is recyclable at scale according to the methodology established in delegated acts adopted by the Commission pursuant to paragraph 6.

Removed:Self-justification.

Removed:Article 6 – paragraph 2 – subparagraph 2: deleted

Removed:Clarification of the date from Article 6(1)

Removed:Article 6 – paragraph 3: deleted

Removed:Deleted as incorporated in paragraph 6 (2).

Removed:Article 6 – paragraph 3 a (new): 3a. All packaging corresponding to performance grade E, according to the design for recycling criteria, and all packaging assessed as not being recyclable at scale, shall not be considered as recyclable.

Removed:Clarification, induced in the Commission's version, that packaging with a grade E, and packaging considered non-recyclable at scale, are not considered recyclable.

Removed:Article 6 – paragraph 4 – subparagraph 1: By 1 January 2027 the Commission shall adopt delegated acts in accordance with Article 58 to supplement this Regulation concerning: / (a) design for recycling criteria, performance grades for the packaging categories listed in Annex II, and rules for the modulation of financial contributions to be paid by producers to comply with their extended producer, based on the parameters listed in Annex II, table 3, and on the criteria set out in paragraph 7 and responsibility obligations set out in Article 40(1); / (b) methodology to assess the recyclability at scale of packaging, based on the criteria set out in paragraph 6.

Removed:Economic actors need to anticipate the requirements for recyclability of packaging, so that they can adapt their practices accordingly. This amendment, in addition to clarifying the structure of the paragraph, sets dates by which the Commission must publish the relevant delegated acts.

Removed:Article 6 – paragraph 5 – subparagraph 1: deleted

Removed:New paragraph 6(3).

Removed:The purpose of this amendment, together with the amendments below, is to clarify the criteria to be used by the Commission when drawing up delegated acts concerning recycling criteria, performance grades and modulation of financial contributions. No criteria have been deleted, but simply reorganised to better reflect the importance of each element to be taken into account.

Added:Article 6 – paragraph 7: deleted / (deleted) / (deleted) / (deleted) / (deleted) / (deleted)

Removed:Article 6 – paragraph 7 – point a: (a) describe the manner in which to express the result of the recyclability assessment in recyclability performance grades from A to E, as described in Table 3 of Annex II, based on the percentage of the packaging unit, in weight, which is recyclable according to paragraph 1;

Added:Article 6 – paragraph 7 a (new): 7a. Where proven to be environmentally beneficial and technically feasible, Member States may, especially through design of schemes established in compliance with Article 44, prioritise recycling of packaging so that it can be subsequently recycled and used in the same way or for a similar application, with minimal loss of quantity, quality or function, whereby producers obliged to meet recycled content targets can benefit from fair access to the material derived from the recycled packaging.

Removed:See justification for amendment to Article 6(7) - introductory part

Removed:Article 6 – paragraph 7 – point a a (new): (aa) take into consideration state-of-the-art collection, sorting and recycling processes and cover all packaging components;

Removed:See justification to amendment of Article 6(7) - introductory part

Removed:Article 6 – paragraph 7 – point b: (b) establish detailed design for recycling criteria for each packaging material and category listed in Table 1 of Annex II;

Removed:See justification for amendment to Article 6(7) - introductory part

Removed:Article 6 – paragraph 7 – point c: (c) contain a description, for each packaging category listed in Table 1 of Annex II, of the conditions for compliance with the respective performance grades;

Removed:See justification for amendment of Article 6(7) - introductory part

Removed:Article 6 – paragraph 7 – point d: (d) establish the modulation of the financial contributions to be paid by producers to comply with their extended producer responsibility obligations as referred to in Article 40, based on the packaging performance grade;

Removed:See justification for amendment to Article 6(7) - introductory part

Removed:Article 6 – paragraph 7 – point e: deleted

Removed:Moving the set of criteria concerning recyclability at scale in Article 6(6)

Removed:Article 6 – paragraph 11: 11. The financial contributions to be paid by producers to comply with their extended producer responsibility obligations as referred to in Article 40 shall be modulated on the basis of the recyclability performance grade, as determined in accordance with the delegated acts referred to in paragraphs 6 and 7 of this Article and, as regards plastic packaging, also in accordance with the Article 7(6).

Added: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.

Removed:Article 7 – paragraph 1 – introductory part: 1. From 1 January 2030, the plastic part in packaging placed on the market shall contain the following minimum percentage of recycled content recovered from post-consumer plastic waste, per format packaging, per plant, per year:

Added:Article 6 – paragraph 10 – introductory part: 10. Until 72 months after the date of publication of the delegated act referred to in paragraph 6, this Article shall not apply to the following:

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

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

Removed:Article 7 – paragraph 1 – point b: deleted

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

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

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

Removed:Article 7 – paragraph 2 – introductory part: 2. From 1 January 2040 the plastic part in packaging placed on the market shall contain the following minimum percentage of recycled content recovered from post-consumer plastic waste, per format packaging, per plant, per year:

Added:Article 6 – paragraph 10 a (new): 10a. The Commission shall assess the need to extend the derogation established under paragraph 10. That assessment shall take into account the available scientific guidelines of the relevant regulatory authorities, the state of scientific and technical progress, and the availability and prices of recyclable materials. On that basis and after consultation with relevant stakeholders, the Commission shall present, if appropriate, a legislative proposal.

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

Added:Article 6 – paragraph 11: 11. The financial contributions to be paid by producers to comply with their extended producer responsibility obligations as referred to in Article 40 shall be modulated on the basis of the recyclability performance grade, as determined in accordance with the delegated acts referred to in paragraphs 4 and 6 of this Article and, as regards plastic packaging, also in accordance with the Article 7(6). Financial contributions shall, in accordance with Article 8a of Directive 2008/98/EC, be earmarked to finance the net cost of collection, sorting and recycling infrastructures of the packaging type it is paid for, following the categories set in Annex II, Table 1.

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

Added: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.

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

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

Removed:Article 7 – paragraph 3 – point e (new): (e) contact sensitive plastic packaging of foods intended for infants and young children and food for special medical purposes covered by Regulation (EU) No 609/2013.

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

Removed:See justification for amendment of Article 6(10a).

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

Added: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.

Added: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 product

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

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

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

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

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

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

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

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

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

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

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

Removed:Article 7 a (new): Article 7a / Mandatory separate collection / 1. By 1 January 2029, Member States shall take the necessary measures to ensure the separate collection of 90% of the materials listed in Article 46, in a given year by weight. / The objective referred to in the first subparagraph may be achieved through all the measures referred to in this Regulation, as well as through separate out-of-home collection measures. / 2. Paragraph 1 shall supplement separate collection targets laid down for single-use plastic bottles covered by Article 9 of Directive (EU) 2019/904.

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

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

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

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

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

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

Added: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, taking account of the shape and the material that the packaging is made of.

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

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

Removed:There 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.

Added:Article 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.

Removed:Article 8 – paragraph 5: deleted

Added:Article 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.

Removed:Mandatory 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.

Added:Article 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.

Removed:Article 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.

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

Removed:In 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.

Added:Article 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;

Removed:Article 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.

Added:Article 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.

Removed:In 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.

Added:Article 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.

Removed:Article 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.

Added:Article 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.

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

Added:Article 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.

Removed:Article 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’.

Added:Article 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.

Removed:Considering 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.

Added:Article 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.

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

Added:Article 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).

Removed:Economic 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.

Added:Article 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.

Removed:Article 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.

Added:Article 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.

Removed:In 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.

Added:Article 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’.

Removed:Article 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.

Added: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 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.

Removed:This 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.

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

Added:Article 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.

Added:Article 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.

Added:Article 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.

Added:Article 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.

Added:Article 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.

Added:Article 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.

Added:Article 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;

Added:Article 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.

Added:Article 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.

Added:Article 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.

Added:Article 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.

Added:Article 21 – paragraph 1: 1. 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 % in accordance with the provisions laid down by Parts 1 and 2 of Annex IV.

Added:Article 21 – paragraph 3 a (new): 3a. Economic operators using reusable packaging within a system of reuse shall be exempted from the obligation laid down in paragraph 1.

Added: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:Article 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-company in accordance with 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 has been demonstrated that it is not technically feasible not to use packaging or to obtain access to the infrastructure necessary for the functioning of a reuse system.

Added: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 technical and scientific progress with the objective to reducing packaging waste and improving the overall environmental outcome, which may require specific waste streams departing from the hierarchy where this is justified by an independent and peer reviewed life-cycle assessment. 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.

Added:Article 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. Without prejudice to Article 8(1a), paragraph 1 of this Article 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.

Added:Article 23 – paragraph 1: 1. Economic operators who place reusable packaging on the market shall ensure that a system for re-use of such packaging is in place, including an incentive to ensure collection, which meets the requirements laid down in Article 24 and Annex VI. This paragraph shall be considered fulfilled by existing systems for reuse already in place in the Member States.

Added:Article 24 – paragraph 2 a (new): 2a. Economic operators making use of reusable packaging may designate third parties responsible of one or more mutualised systems for re-use. The appointed third parties shall ensure that the systems for reuse, which the reusable packaging is part of, comply with the requirements laid down in Part A of Annex VI. / Where economic operators have appointed a third party as referred in paragraph 2a, the obligations set out in this Article shall be met by the third parties on their behalf.

Removed:See justification for amendment to Article 26(2)

Added:Article 26 – paragraph 3 b (new): 3b. Where a final distributor makes alcoholic beverages, with the exception of wine and sparkling wines, in sales packaging available on the market within the territory of a Member State : / (a) it shall ensure that from 1 January 2030, at least 10 % 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 25 % of those products are made available in reusable packaging within a system for re-use; / (c) shall meet the targets referred to in points (a) and (b) of this paragraph in a manner that other alcoholic beverage category, as defined in Council Directive 92/83/EEC, fairly contributes to the re-use target; / (d) it shall ensure that brands owned by the final distributor contribute fairly to the re-use target; / (e) it shall allow manufacturers the flexibility to achieve reuse targets across their portfolio.

Removed:Article 26 – paragraph 3 – point b: deleted

Removed:See justification for amendment to Article 26(2)

Removed:Article 26 – paragraph 3 a (new): 3a. Where a final distributor makes non-alcoholic beverages in sales packaging available on the market within the territory of a Member State, it shall ensure that: / (a) from 1 January 2030, 20 % of those products are made available in reusable packaging within a system for re-use; / (b) from 1 January 2040, 35 % of those products are made available in reusable packaging within a system for re-use.

Removed:The restructuring of this article allows for an overall clarification of the objectives for the beverage sector, separating the alcoholic and non-alcoholic beverage sectors and aggregating the different provisions of Article 26 as presented by the Commission in relation to these sectors. In addition, the amendments to this article shift the responsibility from manufacturers and final distributors to final distributors only, following the logic of re-use legislation in several European countries, e.g. Spain and Austria.

Removed:Article 26 – paragraph 3 b (new): 3b. Where a final distributor makes alcoholic beverages in sales packaging available on the market within the territory of a Member State, it shall ensure that: / (a) from 1 January 2030, 10 % of those products are made available in reusable packaging within a system for re-use; / (b) from 1 January 2040, 25 % of those products are made available in reusable packaging within a system for re-use.

Removed:See justification for amendment 3a new

Added: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 8 – introductory part: 8. Economic operators using transport packaging within the territory of the Union for the transport and delivery of non-food items made available on the market for the first time via e-commerce:

Added:Article 26 – paragraph 8 – point a: (a) shall ensure that from 1 January 2030, at least 10 % of such packaging used is reusable packaging within a system for re-use;

Added: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 9 – introductory part: 9. Economic operators using transport packaging within the territory of the Union for stabilization and protection of products put on pallets during transport, including, but not limited to, pallet wrappings or straps:

Added:Article 26 – paragraph 9 – point a: (a) shall ensure that from 1 January 2030, at least 10 % of such packaging used is reusable packaging within a system for re-use;

Added: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 10 – introductory part: 10. Economic operators, including online platforms, using grouped packaging within the territory of the Union in the form of boxes, excluding cardboard, used outside of sales packaging to group a certain number of products to create a stock-keeping or distribution unit:

Added:Article 26 – paragraph 10 – point a: (a) shall ensure that from 1 January 2030, at least 10 % of such packaging used is reusable packaging within a system for re-use;

Added: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.

Removed:Article 26 – paragraph 16 – point c: deleted

Added:Article 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.

Removed:Considering 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

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, 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.

Removed:The 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)

Removed:Article 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:

Removed:Following 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.

Added:Article 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.

Removed:Some 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.

Added:Article 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.

Added:Article 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.

Added:Article 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.

Added:Article 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.

Added:Article 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.

Added:Article 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.

Added:Article 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.

Added:Article 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.

Removed:It is vital to ensure that high quality recycled materials suitable for food grade applications are always available in food grade applications (and therefore meet the proposed definition of high quality recycling). Without this measure, high quality materials (meeting strict EU and EFSA food safety requirements) could be downgraded and used in non-food applications that do not require the same level of quality. Without the necessary support for access to raw materials, the recycled content targets set out in Article 7 will be difficult to achieve for industry, especially for SME.

Added:Article 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.

Added:Article 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.

Added:Article 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.

Added:Article 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;

Added:Article 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.

Added:Article 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.

Added:Article 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.

Added:Article 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.

Added:Article 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.

Removed:Points a) and b) are not cumulative as they are contradictory: A Member State that reaches the 90% target in 2026 does not need to notify a derogation and submit an implementation plan explaining how it will reach the 90% target in 2029. Only two exemption options should be available to Member States: (a) they meet the collection target within a given timeframe or (b) They can notify the Commission of an exemption request together with an implementation plan to reach the collection target.

Added:Article 44 – paragraph 1 – point a: (a) single use plastic beverage bottles with the capacity of 0.1 litres up to three litres; and

Added:Article 44 – paragraph 1 – point b: (b) single use metal beverage containers with a capacity of 0, 1 litres up to three litres.

Added: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:Article 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:

Removed:Article 8 Regulation (EU) 182/2011 provides limit of 6 months unless the basic act provides otherwise.

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

Removed:Article 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 for carrying out their risk analysis under Article 25(3) of Regulation (EU) 2019/1020.

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

Removed:Paragraph needed related to Controls on products entering the Union market

Added:Article 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.

Removed:It clarifies the type of coffee/cacao/milk capsule the Annex wishes to cover.

Added:Article 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…

Removed:Parameters to be considered when establishing design criteria for recycling under Article 6

Added:Article 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.

Removed:This table, with comprehensive description for each specific design, provides better visibility on the criteria that the Commission will take into account when drawing up its recyclability criteria, via delegated act, under the conditions described in Article 6.

Added:Article 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 …

Removed:This amendment provides the necessary clarifications concerning the performance levels (from A to E) that will determine the amount of contributions that producers will have to pay under EPR systems should be taken over: the higher the recycling performance level, the lower the contribution for the producer.

Added:Article 64 – paragraph 2 – point a: (a) Article 8(2) of Directive 94/62/EC shall continue to apply until [OP: Please insert the date = 30 months after the entry into force of the implementing act referred to in Article 11(5)];

Removed:See the cross-cutting justification in previous Amendment.

Added:Article 64 – paragraph 2 – point a a (new): (aa) Article 9(1) and (2) of Directive 94/62/EC shall continue to apply with regard to the essential requirements pursuant to Annex II, point 1, first indent until 31 December 2029;

Removed:See the cross-cutting justification in previous Amendment.

Added:Annex I – paragraph 12: Tea or coffee bags and pads, beverage system capsules (e.g. single-serve units for tea or coffee)

Removed:See the cross-cutting justification in previous Amendment.

Added:Annex I – paragraph 14 a (new): Boxes used for toothpaste tubes

Removed:See the cross-cutting justification in previous Amendment.

Added:Annex I – paragraph 44 a (new): Tyre labelling stickers (EU 2020/740)

Removed:Annex III – point c a (new): (ca) it is compliant with standard EN 13432 or any relevant new EU standard

Added:Indicative parameters to be considered when establishing design criteria for recycling under Article 6

Removed:Link with amendment of Article 8(2) and 8(6a)

Added:Annex III – paragraph 1 – introductory part: Conditions to be considered when mandating or introducing the use of compostable packaging format:

Removed:Annex III – point e: (e) its use significantly reduces the contamination of compost with non-compostable packaging and does not cause any problems in biowaste processing;

Added:Annex III – paragraph 1 – point c: (c) it is of such biodegradable nature that it allows the packaging to undergo physical, chemical, thermal or biological decomposition, including anaerobic digestion, resulting ultimately in conversion into carbon dioxide and water, new microbial biomass, mineral salts, and, in the absence of oxygen, methane,

Removed:Link with amendment of Article 8(2) and 8(6a)

Added:Annex III – paragraph 1 – point e: (e) its use significantly reduces the contamination of compost with non-compostable packaging and does not cause any problems in bio-waste processing;

Removed:This is a cross-cutting application for all beverage packaging formats. In order to complete the list, it therefore seems logical to include bottles as well

Added:Annex IV – Part I – point 1: 1. Product protection: packaging design shall ensure the product protection from the point of packaging or filling until the end use, with a view to prevent significant product damage, loss, deterioration or waste. Requirements may consist of protection against mechanical or chemical damage, vibration, compression, humidity, light, oxygen, microbiological infection, pest, deterioration of organoleptic properties etc. and include references to specific legislation setting out requirements on product quality. Protection measures may include necessary anti-tamper, anti-theft and anti-counterfeit provisions.

Removed:"Unless it is necessary to avoid loss of water or turgidity, microbiological hazards or physical shocks" are unclear criteria, and do not give sufficient visibility on which fruit and vegetable packages will be concerned. In order to add clarity to this ban, while ensuring a high level of food safety and avoiding food waste, it is advisable to ask the European Food Safety Agency to draw up this list, also providing for derogations for PDO and PGI fruit and vegetables, registered in the EU geographical indications register (eAmbrosia), which may have special storage conditions.

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 protected under Union legislation or the legal protection under Regulation (EC) No 6/2002.

Added:Annex IV – Part II – paragraph 1 – point a: (a) for each performance criterion as listed in Part I, a list of design requirements which prevent further reduction of the packaging weight or volume without endangering the packaging functionality, including safety and hygiene, for the packaged product, packaging and user. The method used for the identification of these design requirements shall be described, and the reasons preventing further reduction of the packaging weight or volume shall be explained. All reduction opportunities with a given packaging material shall be investigated, such as the reduction of any superfluous layer which does not perform a packaging function. Substitution of one packaging material with another shall not be considered sufficient;

Added:Annex VI – Part A – paragraph 3 a (new): Open loop systems established prior to the entry into force of this Regulation shall be exempted from the requirements under Part A, 1. (a), (b), (c), (d), (f) and (g).

Removed:Economic operators should have the freedom to decide how much of their turnover to allocate to information campaigns concerning DRS systems.

Added:Annex X – paragraph 2 – point o: (o) all deposit bearing packaging that is to be collected by a DRS system is clearly labelled, so that the end users can easily identify the need to return such packaging.

Removed:Annex X – point l a (new): (la) Member States shall take into account the factors referred to in point (l) (ii), (iii), (iv) and (v) when a digital deposit and return system is put in place and not organised at the level of the final distributors;

Added:Annex X – paragraph 3: In addition to the minimum requirements, Member States may set additional requirements, as appropriate, in order to ensure the fulfilment of the objectives of this Regulation, in particular to increase the purity of the collected packaging waste, reduce litter or promote other circular economy objectives such as ensuring a safe and fair access to recycled feedstock for use in applications that allow further recyclability and may be re-used in the same way or for the same or similar product category it comes from.

Removed:Annex X – point o: (o) all deposit bearing packaging that is to be collected by a DRS system is clearly labelled, so that the end users can easily identify the need to return such packaging

Removed:Clarification that labelling should only apply to packaging that is covered by a DRS system, and should not apply to packaging that has to be collected separately.

Removed:Annex X: In addition to the minimum requirements, Member States may set additional requirements, as appropriate, in order to ensure the fulfilment of the objectives of this Regulation, in particular to increase the purity of the collected packaging waste, reduce litter or promote other circular economy objectives such as ensuring a safe and fair access to recycled feedstock for use in applications that allow further recyclability and may be re-used in the same way and for the same or similar product category it comes from.