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

Removed:Article 26 – paragraph 6 a (new): 6a. Member States shall exempt economic operators from the obligation under paragraphs 3a, point (a), and 3b, point (a), of this Article when the rate of recycling as reported by the Member States to the Commission under Article 50(2), point (c), is above 85 % by weight of such packaging material placed on the market of that Member State in the calendar years 2026 and 2027. / Where such reporting shows that the rate of recycling of the respective packaging material is below 85 %, the Member State shall submit an implementation plan to the Commission showing a strategy with concrete actions, including a timeline, that ensure the achievement of the 85 % recycling rate by weight of the respective packaging material within two years.

Removed:Article 26 – paragraph 7 – introductory part: 7. Economic operators using transport packaging or sales packaging only used for transportation within the territory of the Union in the form of pallets, plastic crates, foldable plastic boxes, pails or drums for the conveyance or packaging of products in conditions other than provided for under paragraphs 5 and 6:

Removed:Article 26 – paragraph 7 – point a: (a) shall ensure that from 1 January 2030, at least 30 % of such packaging used is reusable packaging within a system for re-use;

Removed:Article 26 – paragraph 7 – point b: deleted

Removed: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:

Removed: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;

Removed:Article 26 – paragraph 8 – point b: deleted

Removed: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:

Removed: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;

Removed:Article 26 – paragraph 9 – point b: deleted

Removed: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:

Removed: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;

Removed:Article 26 – paragraph 10 – point b: deleted

Removed:Article 26 – paragraph 10 a (new): 10a. The targets laid down in paragraphs 3a and 3b may also be achieved by enabling refill.

Removed:Article 26 – paragraph 11: 11. Targets laid down in this Article shall be calculated for the period of a calendar year.

Removed:Article 26 – paragraph 12 – subparagraph 1 – introductory part: From 1 January 2030, 95% of the transport packaging used by an economic operator shall be reusable where it is used for transporting products:

Removed:Article 26 – paragraph 13 – subparagraph 1: From 1 January 2030, economic operators, including online platforms, delivering products to another economic operator within the same Member State shall use only reusable transport packaging for the purpose of the transportation of such products.

Removed:Article 26 – paragraph 13 a (new): 13a. Economic operators shall be exempted from the obligation to meet targets in this Article, when the rate of recycling of the predominant packaging material as reported by the Member States to the Commission under Article 50(2), point (c), or when the rate of recycling of packaging formats - such as PET bottles or aluminium cans - is above 85 % by weight of such packaging placed on the market on the territory of that Member State in the calendar year 2027 or any calendar year thereafter.

Removed:Article 26 – paragraph 13 b (new): 13b. The targets laid down in this Article shall not apply to in sales packaging of highly perishable drinks and beverages as defined in Regulation (EU) No 1169/2011.

Removed:Amendment 505/rev1

Removed:Article 26 – paragraph 13 c (new)

Removed:Amendment: 13c. The targets laid down in this Article shall not apply to in sales packaging of wine, sparkling wine, aromatised wine products and spirituous beverages as defined by nomenclature codes 2208.

Removed:Article 26 – paragraph 14 – introductory part: 14. Economic operators shall be exempted from the obligation to meet the targets in this Article if, during a calendar year, they:

Removed:Article 26 – paragraph 14 a (new): 14a. By ... [OP: please insert date two years from the date of entry into force of this Regulation], the Commission shall adopt delegated acts in accordance with Article 58 regarding the requirements for the preparation of a life cycle assessment to justify an exemption under this Article. Economic operators shall be exempted from the obligation to meet the targets in this Article if reuse is not the option that delivers the best overall environmental outcome on the basis of such a life cycle assessment.

Removed:Article 26 – paragraph 15: 15. Economic operators shall be exempted from the obligation to meet the targets in this Article if: / (a) they have a sales area of not more than 200 m2, including also all storage and dispatch areas; / (b) reuse is not the option that delivers the best overall environmental outcome on the basis of a life cycle assessment, in line with the waste hierarchy as defined in Article 4 of Directive 2008/98/EC, and without prejudice to requirements on health, hygiene and safety.

Removed:Article 26 – paragraph 15 a (new): 15a. Economic operators shall be exempted from the obligations under this Article if the rate of separate collection, as required under Article 43(3), (4) and (4b), of the respective packaging material, as reported to the Commission under Article 50(1) point (c), is above 85 % by weight of such packaging placed on the market on the territory of the Member State in which they operate in the calendar years 2026 and 2027. / Where such reporting shows that the rate of separate collection of the respective packaging material is below 85 %, the Member State shall submit an implementation plan showing a strategy with concrete actions, including a timeline that ensures the achievement of the 85 % separate collection rate by weight of the respective packaging material within two years.

Removed:Article 26 – paragraph 15 b (new): 15b. Economic operators shall be exempted from the obligation to meet the targets laid down in paragraphs 7, 12 and 13 of this Article for all transport packaging that is in direct contact with food as defined in Regulation (EC) No 178/2002 and feed.

Removed:Article 26 – paragraph 15 c (new): 15c. Economic operators shall be exempted from the obligation to meet the targets laid down in this Article for all products subject to geographical indications of origin protected under Union legislation.

Removed:Article 26 – paragraph 16 – introductory part: 16. In order to take account of the latest scientific and economic data and developments, 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, the Commission shall be empowered to adopt delegated acts in accordance with Article 58 to supplement this Regulation in order to establish:

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

Removed:Article 26 – paragraph 16 – point b: (b) exemptions for economic operators additional to those listed in this Article, due to particular economic constraints encountered in a specific sector related to the compliance with targets set out in this Article,

Removed:Article 26 – paragraph 16 – point c: (c) exemptions for specific packaging formats covered by the targets laid down in paragraphs 2 to 6 of this Article in case of hygiene, food safety or hazardous nature of the product preventing reuse,

Removed:Article 26 – paragraph 16 – point c a (new): (ca) requirements for the preparation of a life cycle assessment to justify an exemption under paragraph 15, point (b).

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. When assessing the impact of the packaging reuse targets, the Commission shall at least evaluate the packaging waste reduction obtained by the reuse 2030 targets, CO2 emission reduction, food waste reduction, reduction of the volumes of virgin raw material used, water and energy use, water contamination and the use of detergents and disinfectants based on an independent and peer reviewed life-cycle assessment. The Commission shall also assess the development of cardboard packaging waste and its environmental impacts and material substitution effects that might occur due to material exemptions in Article 22, in combination with Annex V, and due to Article 26(7), (10), (12) and (13). On the basis of that review, the Commission shall, where appropriate, present a legislative proposal: (a) modifying or confirming the 2040 targets laid down in this Article, and (b), if necessary, setting new targets for the reuse in other sectors and for other packaging formats and materials.

Removed: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:Article 27 – title: Rules on the calculation of the attainment of the re-use targets

Removed:Article 27 – paragraph 2 – introductory part: 2. For the purpose of demonstrating the attainment of the targets laid down in Article 26(3a) and (3b), the final distributor, or manufacturer, as appropriate, making available on the market such products within the territory of a Member State shall calculate, for each target separately, the following:

Removed:Article 27 – paragraph 2 – point a: (a) the number of equivalent units of sales of beverages and food in reusable packaging within a system for re-use made available on the market within the territory of a Member State in a calendar year;

Removed:Article 27 – paragraph 2 – point b: deleted

Removed:Article 27 – paragraph 2 – point c: (c) the number of equivalent units of sales of sales of beverages and food made available on the market within the territory of a Member State by other means than those referred to in point (a) in a calendar year.

Removed:Article 27 – paragraph 3 – point a: (a) the number of equivalent units of each of the packaging formats listed in Article 26(6) and (7) constituting reusable packaging within a system for re-use they used in a calendar year;

Removed:Article 27 – paragraph 3 – point b: (b) the number of equivalent units of each of the packaging formats listed in Article 26(6) and (7) , other than those indicated in point (a), that they used in a calendar year.

Removed:Article 27 – paragraph 4 – subparagraph 1: By 31 December 2026, the Commission shall adopt delegated acts establishing detailed calculation rules and methodology regarding the targets set out in Article 26.

Removed:Article 27 – paragraph 4 – subparagraph 2: deleted

Removed:Article 27 – paragraph 4 – subparagraph 2 a (new): The obligation to demonstrate the attainment of the targets laid down in Article 26 shall apply from 1 January 2030 or [18 months] after the date of entry into force of the delegated acts referred to in subparagraph 1, whichever is later.

Removed:Article 28 – title: Reporting to the competent authorities on re-use targets

Removed:Article 28 – paragraph 6 a (new): 6a. By ... [OP: please insert the date = 24 months from the entry into force of this Regulation], the Commission shall establish a European observatory on re-use. The observatory shall be responsible for monitoring the implementation of the measures laid down in this Regulation, collecting data on re-use practices, and contributing to the development of best practices in the field of re-use.

Removed:Article 28 a (new): Article 28a / Refill obligation for the takeaway sector / 1. By ... [OP: Please insert the date = 24 months from the date of entry into force of this Regulation]: / (a) the final distributor that is conducting its business activity in the HORECA sector and that is making available on the market within the territory of a Member State in sales packaging cold or hot beverages filled into a container at the point of sale for take-away shall provide a system for consumers to bring their own container to be filled; / (b) the final distributor that is conducting its business activity in the HORECA sector and that is making available on the market within the territory of a Member State in sales packaging take-away ready-prepared food, intended for immediate consumption without the need of any further preparation, and typically consumed from the receptacle, shall provide a system for consumers to bring their own container to be filled. / 2. The final distributors referred to in points (a) and (b) shall offer the goods filled in the container brought by the consumer at a lower price and in no less favourable conditions than the sales unit consisting of the same goods and single use packaging. / The final distributors shall inform the end consumers at the point of sale, through clearly visible and readable information boards or signs, about the possibility of obtaining the goods in a refillable container provided by the consumer.

Removed:Article 28 b (new): Article 28b / Reuse offer for the takeaway beverage sector / 1. By ... [OP: Please insert the date = 36 months after the date of entry into force of this Regulation] the final distributor that is conducting its business activity in the HORECA sector and that is making available on the market within the territory of a Member State in sales packaging cold or hot beverages filled into a container at the point of sale for take-away shall provide to the consumers the option of packaging within a system for re-use. / 2. The final distributors shall inform the end consumers at the point of sale, through clearly visible and readable information boards or signs, about the possibility of obtaining the goods in reusable packaging. / 3. The final distributors shall offer the goods filled in reusable packaging at no higher costs, and in no less favourable conditions than the sales unit consisting of the same goods and single use packaging. / 4. The final distributors shall be exempted from the application of this Article if they fall within the definition of a micro enterprise set out in Commission Recommendation 2003/361/EC.

Removed: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:Article 29 – paragraph 4 a (new): 4a. By 31 December 2027, the Commission shall prepare a report on the need and feasibility of reducing the use of paper carrier bags and, where appropriate, submit a legislative proposal setting out targets for a paper carrier bags reduction and measures to achieve these targets.

Removed:Article 34 – paragraph 4 a (new): 4a. By 31 December 2025, the Commission shall develop a methodology to certify that materials labelled and documented as recycled content placed on the Union market are indeed produced from recovered and recycled materials and not virgin materials. The Commission shall ensure that this methodology is taken into account in the checks performed pursuant to this Article.

Removed:Article 34 – paragraph 4 b (new): 4b. Competent authorities shall control the accuracy of at least 10 % of the declarations of conformity per year, assessed on a random basis and shall take the necessary measures to address non-compliance, such as the withdrawal of non-compliant products from the market. / Without prejudice to the checks pursuant to paragraph 1 that are planned in advance, competent authorities shall conduct checks when they obtain or are made aware of relevant information, including based on substantiated concerns provided by third parties concerning a potential non-compliance with this Regulation. / The checks shall be carried out without prior warning to the economic operator, except where prior notification of the operator or trader is necessary in order to ensure the effectiveness of those checks. / The competent authorities shall keep records of the checks, indicating in particular their nature and results, as well as on the measures taken in the event of non-compliance. Records of all checks shall be kept for at least ten years. / Records of checks carried out under this Regulation and reports of their results and outcomes shall constitute environmental information for the purposes of Directive 2003/4/EC of the European Parliament and of the Council1a and shall be made publicly available. / 1a Directive 2003/4/EC of the European Parliament and of the Council of 28 January 2003 on public access to environmental information and repealing Council Directive 90/313/EEC (OJ L 41, 14.2.2003, …

Removed:Article 38 – paragraph 1 a (new): 1a. Each Member State shall reduce the plastic packaging waste generated per capita, as compared to the plastic packaging waste generated per capita in 2018 as reported to the Commission in accordance with Commission Decision 2005/270/EC, by: / (a) 10 % by 2030; / (b) 15 % by 2035; / (c) 20 % by 2040.

Removed:Article 38 – paragraph 1 b (new): 1b. Without prejudice to paragraphs 1 and 1a, Member States that have established a dual system for the management of packaging waste, one system for household packaging waste and the other for industrial and commercial packaging waste, may have the opportunity to retain their specificity.

Removed:Article 38 – paragraph 2: 2. Member States shall implement and take the necessary additional sustainability measures to achieve an ambitious and sustained reduction of the packaging waste generated per capita, in line with the overall objectives of the Union’s waste policy, in particular waste prevention and in order to reach the targets set out in this Article.

Removed: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.

Removed: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.

Removed: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.

Removed: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.