What changed between the adopted text of 22 Nov 2023 and the adopted text of 24 Apr 2024

Removed:Article 6 – paragraph 6 – introductory part: 6. No later than 60 months after the date of publication of the delegated acts referred to in paragraph 4 the Commission shall adopt delegated acts in accordance with Article 58 to supplement this Regulation , for each packaging type listed in Table 1 of Annex II, in order to establish the methodology to assess if packaging is recyclable at scale. That methodology shall be based at least on the following elements:

Removed:Article 6 – paragraph 6 – point b: (b) amounts of separately collected packaging waste, per packaging material listed in Table 1 of Annex II, in the Union as whole and in each Member State, taking into account Member States obligations under Article 43 of this Regulation;

Removed:Article 6 – paragraph 6 – point d: (d) installed infrastructure capacities for sorting and recycling in the Union as a whole for each packaging type listed in Table 1 of Annex II, taking into account Member States’ obligations under Article 43 of this Regulation.

Removed:Article 6 – paragraph 6 – subparagraph 1 a (new): The data referred to in points (a) to (d) shall be available and easily accessible by the public.

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

Removed: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:Article 6 – paragraph 8 – subparagraph 1: Compliance with the requirements set out in paragraphs 2 and 3 shall be demonstrated in the technical documentation concerning the packaging as set out in Annex VII and take into consideration the following elements:

Removed:Article 6 – paragraph 8 – subparagraph 2: (a) where a unit of packaging includes integrated components, the assessment of compliance with the design for recycling criteria and with the at scale recyclability requirements shall include all integrated components;

Removed:Article 6 – paragraph 8 – subparagraph 3: (b) where a unit of packaging includes separate components, the assessment of compliance with the design for recycling requirements and with the at scale recyclability requirements shall be done separately for each separate component; if an integrated component of the packaging unit is easily separable by hand and there are clear instructions for the consumer, the overall recyclability shall be a combination of the assessments for each individual component;

Removed:Article 6 – paragraph 8 – subparagraph 4: (c) all components of a unit of packaging shall be compatible with the state of the art collection, sorting and recycling processes and shall not hinder the recyclability of the main body of the unit of packaging.

Removed:Article 6 – paragraph 9 – subparagraph 1: From 36 months after the date of publication of the delegated acts referred to in paragraph 4, and by way of derogation from the requirements set out in this Article, innovative packaging may be placed on the market for a maximum period of 5 years after the end of the calendar year when it has been placed on the market.

Removed:Article 6 – paragraph 9 – subparagraph 1 a (new): The Commission shall constantly monitor the impact of the derogation referred to in the first subparagraph on the amount of packaging placed on the market. The Commission shall, where appropriate, adopt a legislative proposal with a view to amending the first subparagraph.

Removed:Article 6 – paragraph 9 – subparagraph 2: Innovative packaging shall be accompanied by technical documentation, referred to in Annex VII, demonstrating its innovative nature, its overall environmental benefit and showing compliance with the definition in Article 3(37) of this Regulation.

Removed:Amendments 110 and 369

Removed:Article 6 – paragraph 9 – subparagraph 3

Removed:Amendment: After the period referred to in the first sub-paragraph, such packaging shall be accompanied by the technical documentation referred to in paragraph 8 and shall therefore be in compliance with the requirements set out in this Article. / Member States shall continuously aim to improve collection and sorting infrastructures for innovative packaging with expected environmental benefits.

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

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

Removed: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 6 – paragraph 10 a (new): 10a. Until the assessment of their status by the Commission pursuant to paragraph 10b of this Article, this Article shall not apply to wood packaging and wax packaging covered by Regulation (EC) 1935/2004.

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

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 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:Amendments 117, 427 and 450

Removed:Article 6 a (new)

Removed:Amendment: Article 6a / Inert packaging / By 1 January 2029, the Commission shall adopt delegated acts in accordance with Article 58 in order to supplement this Regulation where necessary to deal with any difficulties encountered in applying the provisions of this Regulation, in particular, to inert packaging materials placed on the market in very small quantities (i.e. approximately 0,1 % by weight) in the Union. / Obligations under Article 6 shall not apply to this kind of packaging until those delegated acts are adopted.

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

Removed: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;

Removed:Article 7 – paragraph 1 – point d: (d) 35 % for plastic packaging other than those referred to in points (a), (b) and (c).

Removed:Article 7 – paragraph 2 – introductory part: 2. From 1 January 2040, the plastic part in packaging shall 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, per manufacturing plant, per year:

Removed:Article 7 – paragraph 2 – point a a (new): (aa) 25% for contact sensitive packaging made from plastic materials other than PET.

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 fall within the definition of microenterprise 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).

Removed:Article 7 – paragraph 3 – point b: (b) contact sensitive plastic packaging of medical devices, or devices exclusively destined for research use and investigational devices covered by Regulation (EU) 2017/745;

Removed: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;

Removed: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.

Removed: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.

Removed:Article 7 – paragraph 4 a (new): 4a. Paragraphs 1 and 2 shall not apply to plastic packaging intended to come into contact with food in case the amount of recycled content poses a threat to human health and risks compromising the compliance requirement of products.

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

Removed: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:Article 7 – paragraph 7: 7. By 31 December 2026, the Commission shall adopt delegated acts in accordance with Article 58 in order to supplement this Regulation by establishing the methodology for the calculation and verification of the percentage of recycled content recovered from post-consumer plastic waste and the format for the technical documentation referred to in Annex VII. Those delegated acts shall take into account the environmental impact of the recycling process.

Removed:Article 7 – paragraph 8: 8. As of 1 January 2029, the calculation and verification of the percentage of recycled content contained in packaging under paragraph 1 shall comply with the rules laid down in the delegated act referred to in paragraph 7.

Removed:Article 7 – paragraph 9 – subparagraph 1: By 1 January 2032, the Commission shall assess the situation regarding the use of recycled packaging materials in plastics, focusing on the lack of availability of recycled plastics or on adverse effects on human or animal health, security of food supply or the environment, where suitable recycling technologies to recycle plastic packaging are not available because they are not authorised under the relevant Union rules or are not sufficiently installed in practice, or are not sufficiently resource and energy efficient.

Removed: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:Article 7 – paragraph 9 – subparagraph 2 – point a a (new): (aa) modify the targets established in paragraphs 1 and 2,

Removed:Article 7 – paragraph 9 – subparagraph 3: deleted

Removed:Article 7 – paragraph 10: deleted

Removed:Article 7 – paragraph 11 a (new): 11a. By 31 December 2025, the Commission shall publish a report assessing the possibility of laying down targets for the use of bio-based plastic feedstock in packaging in order to meet the targets set out in of Article 7(1) and (2). / Where appropriate and based on the report referred to in paragraph 1, the Commission shall present a legislative proposal in order to: / (a) lay down targets for the use of bio-based plastic feedstock in packaging; / (b) lay down sustainability requirements for bio-based plastic feedstock to become eligible to contribute to the targets, considering the existing sustainable criteria laid down in Article 29 of Directive (EU) 2018/2001; / (c) introduce the possibility to meet up to a maximum of 50% of the targets set out in Article 7(1) and (2) by using bio-based plastic feedstock.

Removed:Article 7 a (new): Article 7a / Bio-based feedstock in plastic packaging / By 31 December 2025, the Commission shall publish a report assessing the possibility of laying down targets for the use of bio-based feedstock in plastic packaging. Where appropriate, and based on that report, the Commission shall present a legislative proposal in order to: / (a) lay down sustainability requirements for bio-based feedstock in plastic packaging, taking into consideration the existing sustainable criteria laid down in Article 29 of Directive (EU) 2018/2001; / (b) lay down targets for the use of bio-based feedstock in plastic packaging.

Removed:Article 8 – paragraph 1: 1. By [OP: please insert the date = 36 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 shall be compostable to home composting standards or in industrially controlled conditions in bio-waste treatment facilities.

Removed: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 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: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 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:Article 8 – paragraph 5: 5. After consulting 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 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:Article 9 – paragraph 1: 1. By 1 January 2030, packaging shall be designed so that its weight and volume is reduced to the minimum necessary for ensuring its functions, as listed in Annex IV, part 1, and the purpose of the product, taking account of the shape and the material that the packaging is made of.

Removed: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: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 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.