What changed between the draft committee report and the plenary report

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

Recital 71: (71) To enable the verification of compliance with the re-use targets, it is necessary that the respective economic operators report to the competent authorities. Economic operators should report the relevant data for each calendar year, starting from 1 January 2030. Member States should make this data publicly available.

Change 9

Removed:Recital 73: (73) In view of the results of the evaluation study on plastic carrier bags62, and the data published by Eurostat, further measures, which could go as far as placing restrictions on the market, need to be taken to reduce both the consumption of lightweight plastic carrier bags, and that of very lightweight plastic carrier bags and also assess possible substitution effects with thicker plastic carrier bags above 50 microns.

Added:Recital 73 a (new): (73a) As very lightweight plastic carrier bags, below 15 microns, 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.

Removed:Self-justification.

Added:Recital 74 a (new): (74a) A reduction in the use of plastic carrier bags should not lead to a substitution with paper carrier bags. The Commission should monitor the use of paper carrier bags and propose a target, and, if appropriate, measures for the reduction of the consumption of paper carrier bags.

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).

Recital 91: (91) To achieve an ambitious and sustained reduction in the overall packaging waste generation, targets should be laid down for the reduction of packaging waste per capita to be achieved by 2030. Meeting a target of 5 % reduction in 2030 compared to 2018 should entail an overall absolute reduction of approximately 19 % on average across the Union in 2030 compared to the 2030 baseline. Member States should reduce packaging waste generation by 10 %, compared to 2018, by 2035; this is estimated to reduce packaging waste by 29 % compared to the 2030 baseline. In order to ensure that the reduction efforts continue beyond 2030, a reduction target of 10 % from 2018, which would mean a reduction of 29 % compared to baseline, should be set for 2035 and, for 2040, a reduction target of 15 % from 2018, which means a reduction of 37 % compared to baseline should be established. Member States which have established a different system for the management of household packaging waste, on one hand, and of industrial and commercial packaging waste, on the other, should have the opportunity to retain their specificity.

Change 10

Removed:Some Member States, 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 of Regulation.

Added:Recital 91 a (new): (91a) As part of its Circular Economy Action Plan, the Commission adopted the communication of 16 January 2018 on a European Strategy for Plastics in a Circular Economy to reduce marine pollution, greenhouse gas emissions and our European dependence on fossil fuels. With plastic consumption on the rise, the strategy calls for better circularity of plastics and effective prevention measures. In line with that strategy, this Regulation should be an instrument to fight against superficial, unnecessary plastics, in order to reverse the trend of production and consumption of plastics, especially single-use plastics.

Removed:Recital 91 a (new): (91a) As part of its Circular Economy Action Plan, the European Commission adopted the Communication of 16 January 2018 on a European Strategy for Plastics in a Circular Economy to reduce marine pollution, greenhouse gas emissions and our European dependence on fossil fuels. With plastic consumption on the rise, the strategy calls for better circularity of plastics and effective prevention measures. In line with that strategy, this Regulation should be an instrument to fight against superficial, unnecessary plastics, in order to reverse the trend of production and consumption of plastics, especially single-use plastics.

Added:Recital 92: (92) Member States may achieve these targets by economic instruments and other measures to provide incentives for the application of the waste hierarchy, including measures to be implemented through extended producer responsibility schemes, and by promoting the setting up and effective operation of systems for re-use and encouraging economic operators to offer the end users further possibilities to refill. Such measures should be adopted in parallel and in addition to other measures under this Regulation aiming at packaging and packaging waste reduction, such as requirements on packaging minimisation, re-use targets, refill obligations, volume thresholds and measures to achieve the sustained reduction of consumption of lightweight plastic carrier bags. A Member State may, while observing the general rules laid down in the Treaty and complying with the provisions set out in this Regulation, adopt provisions which go beyond the minimum targets set out in this Regulation.

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.

Recital 96: (96) In line with the polluter-pays principle expressed in Article 191(2) of the Treaty, it is essential that the producers, including e-commerce actors, placing on the Union market packaging and packaged products take responsibility for their management at their end-of life. It should be recalled that extended producer responsibility schemes need to be established, as provided for in Directive 94/62/EC, by 31 December of 2024, as they are the most appropriate means to achieve this and can have a positive environmental impact by reducing the generation of packaging waste and increasing its collection and recycling. There are wide disparities in the way they are set up, in their efficiency and in the scope of responsibility of producers. The rules on extended producer responsibility laid down in Directive 2008/98/EC should therefore in general apply to extended producer responsibility schemes for producers of packaging, and be complemented by further specific provisions where this is necessary and appropriate.

Change 11

Changed:Recital 98: (98) Regulation (EU) 2022/2065 of the European Parliament and of the Council66 lays down rules on the traceability of traders, which more specifically contain obligations for providers of online platforms allowing consumers to conclude distance contracts with producers offering packaging to consumers located in the Union. In order to prevent free-riding from the extended producer responsibility obligations, it should be specified how such providers of online platforms should fulfil those obligations with regard to the registers of packaging producers established pursuant to this Regulation. In that context, providers of online platforms, falling within the scope of Section 4 of Chapter 3 of Regulation (EU) 2022/2065, allowing consumers to conclude distance contracts with producers should be bound by certain obligations applicable to producers, unless they prove that the third party for which it facilitates distance selling or delivery has already fulfilled thesethose obligations. Furthermore, they should obtain from those producers information about their compliance with the extended producer responsibility rules set out in this Regulation. The rules on traceability of traders selling packaging online are subject to the enforcement rules set out in Regulation (EU) 2022/2065.

Change 12

Removed:See justification for amendment to Article 43(3)

Recital 101 a (new): (101a) The separate collection of packaging is a crucial step to ensure its circularity, and to ensure a strong market for secondary raw materials. The establishment of a mandatory collection rate is an incentive to develop efficient and targeted collection systems at national level, and thus increase the quantity of waste sorted and potentially recycled.

Change 13

Removed:Separate collection is an essential step in circularity, as it ensures that there is sufficient feedstock for recycling

Added:Recital 103 a (new): (103a) This Regulation should take into account the diversity of deposit and return systems that exist in the Union, 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 deposit and return system 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:Recital 103 a (new): (103a) Following the best practices already in place in several Member States, giving the possibility to producers contributing to a deposit return scheme (DRS) to purchase a proportionate share of recycled content in the recyclable packaging they put on the market, this Regulation should ensure that other Member States put in place similar systems, in order to avoid the integration of recycled content from packaging into other types of materials, and thus favour a circular approach to packaging

Removed:See justification for amendment to Article 44(1a NEW)

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

Recital 107: (107) Member States which achieve at least 85% collection rate of the targeted packaging types without a deposit and return system two consecutive calendar years preceding the entry into force of this obligation, may request not to establish a deposit and return system.

Change 14

Removed:See amendment for Article 44(3)

Added:Recital 108: (108) As a specific packaging waste generation prevention measure, Member States should actively encourage the re-use and refill solutions. They should support the establishment of systems for re-use and refill and monitor their functioning and compliance with the hygiene standards. Member States are encouraged to take also other measures, such as setting up deposit and return systems covering reusable packaging formats, using economic incentives or establishing requirements for final distributors to make available a certain percentage of other products than those covered by re-use targets and refill obligations in reusable packaging or through refill provided that such requirements will not result in fragmentation of single market and creation of trade barriers.

Removed:Recital 108: (108) As a specific packaging waste generation prevention measure, Member States should actively encourage the re-use and refill solutions. They should support the establishment of systems for re-use and refill and monitor their functioning and compliance with the hygiene standards. Member States are encouraged to take also other measures, such as setting up deposit and return systems covering reusable packaging formats, using economic incentives or establishing requirements for final distributors to make available a certain percentage of other products than those covered by re-use targets in reusable packaging or through refill provided that such requirements will not result in fragmentation of single market and creation of trade barriers.

Added:Recital 113 a (new): (113a) While it is important for the Commission to take into account all processing technologies when drafting the delegated acts establishing the recyclability criteria, as well as the criteria for recyclability at scale, it is essential that the Commission further assess the added value of chemical recycling for those fractions that cannot be processed by mechanical recycling technologies. In the context of the objectives that have been set by Regulation (EU) 2021/1119 of the European Parliament and of the Council1a, the Commission should take into account the energy consumption of new technologies, water consumption, material losses and, in the context of the revision of the Union legislative framework on environmental claims, and avoid misleading environmental claims, by limiting thoese applications to a truly circular approach, excluding, for example, approaches to converting materials into fuel. / 1a Regulation (EU) 2021/1119 of the European Parliament and of the Council of 30 June 2021 establishing the framework for achieving climate neutrality and amending Regulations (EC) No 401/2009 and (EU) 2018/1999 (‘European Climate Law’)( OJ L 243, 9.7.2021, p. 1).

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.

Article 3 – paragraph 1 – point 22: (22) ‘re-use’ means any operation by which reusable packaging is used again several times for the same purpose for which it was conceived and made possible by adequate logistics and promoted by suitable incentive systems, usually by a deposit scheme;

Change 15

Removed:Incentives for re-use are essential to ensure the effectiveness of the schemes and, although the need to set rules for effective and efficient collection is mentioned in Annex VI, Part A, the need for take-back incentives should also be clearly stated in the definition of re-use.