What changed between the draft committee report and the plenary report

Added:Article 3 – paragraph 1 – point 26: (26) ‘systems for re-use’ means organisational, technical and/or financial arrangements, together with incentives, that allow the re-use either in a closed loop or open loop system. Deposit and return systems, when they ensure that packaging is collected for re-use, are considered as part of a ‘system for re-use’;

Removed:Article 3 – paragraph 1 – point 26: (26) ‘systems for re-use’ means organisational, technical and/or financial arrangements, together with incentives, that allow re-use either in a closed loop or open loop system. Deposit and return systems, when they ensure that packaging is collected for re-use, are considered as part of a ‘system for re-use’;

Added:Article 3 – paragraph 1 – point 28: (28) ‘refill’ means an operation by which an end user fills its own container or a container provided at the point of sale by the final distributor, which fulfils the packaging function, with a product or several products purchased through a final distributor;

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.

Article 3 – paragraph 1 – point 31 a (new): (31a) 'recyclability' means the assessment of the compatibility of packaging with the management and processing of waste by design, based on separate collection, sorting in separate streams, recycling at scale, and use of recycled materials to replace primary raw materials in new packaging;

Change 16

Removed:Recyclability is never defined in this Regulation, although the concept is used several times. For reasons of understanding and coherence, the Rapporteur proposes here a definition of recyclability that will be completed by a more complex definition during the elaboration of the delegated acts concerning the criteria of recyclability, as specified in Article 6.

Added:Article 3 – paragraph 1 – point 32: (32) ‘recycled at scale’ means the existence of a sufficient capacity for the collected packaging waste to be directed to defined and recognised waste streams through established industrial processes for reprocessing in actual systems proven in operational environment, including packaging waste exported from the Union that meets the requirements of Article 47(5);

Change 17

Changed:Article 3 – paragraph 1 – point 32:32 (32)a ‘recycled(new): at(32a) scale’'high quality recycling’ means theany existencerecovery operation, as defined in Article 3, point (17), of aDirective clear2008/98/EC, pathwaythat andensures sufficientthat capacitythe fordistinct quality of the waste collected packagingis wastepreserved toor berecovered directedduring tothat definedrecovery andoperation, recognisedso wastethat streamsit throughcan establishedbe industrialsubsequently processesrecycled forand reprocessing,used includingin packagingthe wastesame exportedway fromor thefor Uniona thatsimilar meetsapplication, thewith requirementsminimal loss of Articlequantity, 47(5);quality or function;

Change 18

Removed:The current definition, and more specifically the notion of "75% of the European population", is not adapted to the challenge of having all packaging recyclable at scale by 2035, given the large differences in consumption habits between European countries, and the fact that the type of packaging can vary greatly from one country to another. The new definition is much more cross-cutting, as it takes into account the existence of established industrial processes in Europe.

Added:Article 3 – paragraph 1 – point 34: (34) ‘integrated component’ means a packaging component that may be distinct from the main body of the packaging unit, and may be of a different material, but is integral to the packaging unit and its functioning and does not need to be separated from the main packaging unit and is typically discarded at the same time as the packaging unit, although not necessarily in the same disposal route;

Removed:Article 3 – paragraph 1 – point 32 a (new): (32a) 'high quality recycling’ means any recovery operation, as defined in Article 3, point (17), of Directive 2008/98/EC, that ensures that the distinct quality of the waste collected is preserved or recovered during that recovery operation, so that it can be subsequently recycled and used in the same way and for a similar application, with minimal loss of quantity, quality or function;

Added:Article 3 – paragraph 1 – point 35: (35) ‘separate component’ means a packaging component that is distinct from the main body of the packaging unit, which may be of a different material, that needs to be disassembled completely and permanently from the main packaging unit, and that is typically discarded prior to and separately from the packaging unit;

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

Article 3 – paragraph 1 – point 51: (51) ‘deposit and return system’ means a system, in which a deposit is charged to the end user when purchasing a packaged or filled product covered by this system, and redeemed to the end user when the deposit bearing packaging is returned to a collection point established for that purpose or properly deposited in the type of waste receptacle provided for that purpose, at home or in public spaces;

Change 19

Removed:DRS systems in Europe are characterised by great diversity, depending on local waste management specificities and cultures. The introduction of this precision in the definition allows, under the same conditions as those adopted by this Regulation, to open the door to innovative DRS systems, such as digital deposit systems

Article 3 – paragraph 1 – point 57: (57) ‘packaging presenting a risk’ means a packaging that, by not complying with a requirement set out in or pursuant to this Regulation other than those listed in Article 56(1), may adversely affect the environment, health, or other public interests protected by that requirement;

Change 20

Removed:Article 4 – paragraph 4 a (new): 4a. Member States shall be entitled to adopt the necessary additional sustainability requirements to reduce per capita packaging waste in order to reach the targets set out in Article 38.

Added:Article 4 – paragraph 5: deleted

Removed:There is a contradiction between Art. 4 on free movement, which prevents Member States from developing measures to restrict packaging that complies with the Regulation, and Art. 38.2-5, which requires Member States to develop waste prevention provisions in order to achieve their packaging waste reduction targets. It is therefore necessary to ensure that more ambitious measures can still be implemented in Member States, in particular those necessary to achieve the waste prevention targets.

Added: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, and the adverse impact on the environment due to micro-plastics.

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.

Change 21

Changed:Article 56 – paragraph 3:2 3.– Compliancesubparagraph with1 the– requirementspoint seta: out(a) init paragraphsis 1designed andfor 2recycling, shallas beset demonstratedout in the technicaldelegated documentationacts drawnadopted upby inthe accordanceCommission withpursuant Annexto VII.paragraph 4 ;

Change 22

Removed:Clarification on the requirements of the Regulation to be taken into account in the conformity assessment.

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

Removed:Article 5 – paragraph 4: 4. 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 manufacturing of a packaging or packaging component, or from a substance present in a packaging or packaging component when it is placed on the market or during the subsequent stages of its life cycle. They shall address substances of concern that have a negative impact on the reuse, 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.

Added:Article 6 – paragraph 2 – subparagraph 2: Points (a) to (d) shall apply from 36 months after the date of publication of the delegated acts referred to in paragraph 4 and point (e) shall apply from 36 months after the date of publication of the delegated acts referred to in paragraph 6.

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.

Change 23

Changed:Article 6 – paragraph 24 – subparagraph 12: –The pointCommission a:is (a)empowered itto isadopt designeddelegated foracts recycling,in asaccordance setwith outArticle in58 theto delegatedamend actsTable adopted1 byof theAnnex CommissionII pursuantin order to paragraphadapt 7;it to scientific and technical development in material and product design, collection, sorting and recycling infrastructure.