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

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

Removed: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 10 – paragraph 1 – point b: (b) it has been conceived and designed to accomplish as many rotations as possible in normally predictable conditions of use;

Removed:Article 10 – paragraph 1 – point h a (new): (ha) it fulfils the requirements regarding consumer health, safety and hygiene.

Removed:Article 10 – paragraph 1a (new): 1a By ... [OP: please insert the date 24 months after the entry into force of this Regulation], the Commission shall adopt delegated act setting a minimum number for the rotations referred to in paragraph 1, point (b), for reusable packaging in different and relevant material and packaging categories.

Removed: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: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 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: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 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: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:Article 11 – paragraph 3: 3. Where packaging covered by Article 7 is marked with a label containing information on the share of recycled content, that label and, where applicable, the QR code or other type of digital data carrier shall comply with the specifications laid down in the relevant implementing act adopted pursuant to Article 11(5) and shall be based on the methodology pursuant to Article 7(7). Where packaging is marked with a label containing information on the share of bio-based plastic content, that label shall comply with the specifications laid down in the relevant implementing act adopted pursuant to Article 11(5).

Removed:Article 11 – paragraph 4 – subparagraph 1: Labels referred to in paragraphs 1 to 3 and the QR code or other type of digital data carrier referred to in paragraph 2 shall be placed, printed or engraved visibly, clearly legibly and firmly on the packaging, so that it cannot be easily erased. Where this is not possible or not warranted on account of the nature and size of the packaging, they shall be affixed to the grouped packaging. / Where this is not possible or not warranted on account of the nature and size of the packaging or where it is relevant to provide for non-discriminatory access to information for vulnerable groups, particularly visually impaired persons, labels referred to in paragraphs 1 and 3 shall be provided via a single electronically readable code or other type of data carrier.

Removed:Article 11 – paragraph 4 – subparagraph 1 a (new): Where information is provided by electronic means in accordance with paragraphs 2 to 3, the following requirements shall apply: / (a) adequate, relevant personal data is collected only for the limited purpose of giving the user access to relevant compliance information referred to in paragraphs 2 to 3 of this Article in respect of Article 5(1) of Regulation 2016/679/EU / (b) the information is not displayed with other information intended for sales or marketing purposes.

Removed: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:Article 11 – paragraph 6: 6. 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 the methodology for identifying the material composition of packaging referred to in paragraph 1 by means of digital marking technologies. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 59(3).

Removed:Article 11 – paragraph 7: From ... [OP: Please insert the date = 24 months after the entry into force of this Regulation], the Commission shall adopt guidelines in order to clarify aspects that are likely to mislead or confuse consumers or other end users.

Removed: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 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: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 12 b (new): Article 12b / Claims / Environmental claims as defined in Article 2, point (o), of Directive 2005/29/EC may be made in relation to packaging placed on the market only if they comply with the following requirements: / (a) they are substantiated in accordance with [Article 3 of Directive on Green Claims]; in particular, they shall specify whether they relate to the packaging unit, part of the packaging unit or to all packaging placed on the market by the producer; / (b) they are made for packaging properties exceeding the applicable minimum requirements set out in this Regulation. / Compliance with the requirements set out in point (b) of this Article shall be demonstrated in the technical documentation concerning the packaging as set out in Annex VII.

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

Removed: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.

Removed: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.

Removed:Article 13 – paragraph 8 a (new): 8a. By way of derogation from paragraph 8, the obligation to bring into conformity, withdraw or recall packaging which is believed not to be in conformity with applicable requirements shall not apply to reusable packaging placed on the market before the entry into force of this Regulation.

Removed: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.

Removed: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.

Removed: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.

Removed: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;

Removed:Article 17 – paragraph 3 – subparagraph 2 a (new): Information disclosed by the producer shall not be used by the distributor for any purpose other than to verify compliance with applicable requirements. The misuse of such information by distributors for commercial purposes shall be prohibited.

Removed: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.

Removed: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.

Removed: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.

Removed:Article 21 – paragraph 1: 1. By 1 January 2030, economic operators who supply products to a final distributor or an end user in grouped packaging, transport packaging or e-commerce packaging, shall ensure that the empty space ratio is minimised in line with the provisions laid down in Part 1 of Annex IV, unless it is required to protect and transport fragile goods or it would lead to an increased amount of packaging material due to the specific shape of the product or sales packaging.

Removed: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.

Removed:Amendments 437 and 499

Removed:Article 22 – paragraph 1

Removed:Amendment: 1. From 1 January 2030, economic operators shall not place on the market packaging in the formats and for the purposes listed in Annex V unless: / (a) such placing on the market is in line with Article 4(2) of Directive 2008/98/EC; and / (b) the economic operators can show effective collection for recycling of these packaging formats, on the basis of the predominant packaging material, at least 85 % by weight by 2028 and every year thereafter.

Removed:Article 22 – paragraph 1 a (new): 1a. The provision laid down in paragraph 1 shall be without prejudice to Article 8(3a).

Removed:Article 22 – paragraph 2: 2. By way of derogation from paragraph 1, economic operators shall not place on the market packaging in the formats and for the purposes listed in point 3 of Annex V as of 1 January 2030 unless they can demonstrate that at least 85 %, by weight, of the packaging waste they place on the market for immediate consumption is separately collected for recycling at the point of sale, based on the predominant packaging material. / Economic operators subject to the obligation referred to in the first subparagraph shall report on a yearly basis to the Member States the weight of separately collected packaging waste per material. Each Member State shall provide aggregated data per separately collected packaging material to the Commission.

Removed: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.

Removed:Article 22 – 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 restrictions on the use of specific packaging formats to reduce the packaging waste generated while ensuring an overall positive environmental impact, and shall take into account the availability of alternative packaging solutions that meet requirements set out in legislation applicable to contact sensitive packaging, as well as their capability to prevent microbiological contamination of the packaged product. To that end, the Commission shall submit a report to the European Parliament and to the Council, accompanied, if appropriate, by a legislative proposal.

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. 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.

Removed: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.

Removed: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:Article 25 – paragraph 3: 3. Economic operators enabling refill shall ensure that if a packaging is offered to the end users at the refill stations, it is not provided free of charge or is provided as a part of a deposit and return system.

Removed:Article 25 – paragraph 4: 4. Economic operators may refuse to refill a container provided by the end user, if the end user does not abide with the requirements communicated by the economic operator in accordance with paragraph 1, in particular if they deem it unhygienic or unsuitable for the food or drink being sold. / Economic operators shall bear no liability for hygiene or food safety issues that may arise from the use of containers provided by the end user.

Removed:Article 25 – paragraph 4 a (new): 4a. From 1 January 2030, final distributors with an area, excluding all storage and dispatch areas, of more than 400m2 shall endeavour to dedicate 10% of their sales area to refill stations for both food and non-food products.

Removed:Article 26 – title: Re-use targets

Removed:Amendments 197, 374 and 442

Removed:Article 26 – paragraph 1

Removed:Amendment: 1. Economic operators, including online platforms, making large household appliances listed in point 1 of Annex II to Directive 2012/19/EU available on the market for the first time within the territory of a Member State : / (a) shall ensure that from 1 January 2030, 50% of those products are made available in reusable transport packaging, excluding cardboard, within a system for reuse; / (b) shall aim to ensure that from 1 January 2040, 90% of those products are made available in reusable transport packaging, excluding cardboard, within a system for reuse. / Protective packaging which is designed to protect fragile and/or heavy goods and which is custom-designed to protect specific appliances shall be exempt from the re-use requirement.

Removed:Article 26 – paragraph 2: deleted / (deleted) / (deleted)

Removed:Article 26 – paragraph 3: deleted / (deleted) / (deleted)

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

Removed: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 4: deleted / (deleted) / (deleted)

Removed:Article 26 – paragraph 5: deleted / (deleted) / (deleted)

Removed:Article 26 – paragraph 6: deleted / (deleted) / (deleted)