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PPWR — Article 38

The article's text

Article 38 Conformity assessment procedure Conformity assessment of packaging as regards the requirements laid down in or pursuant to Articles 5 to 12 shall be carried out in accordance with the procedure set out in Annex VII.

Who tried to change it in committee

Committee-stage amendments targeting exactly this article, by political group. Justifications verbatim, in the authors' own words.

GroupAmendments
ID90
PPE38
Renew35
—12
ECR12
S&D7
Verts/ALE7

Source: the committee amendment documents. n = 49 amendments targeting this article.

Massimiliano Salini, Francesca Peppucci, Marian-Jean Marinescu, Fulvio Martusciello, Adam Jarubas, Christine Schneider, Isabel Benjumea Benjumea, Dolors Montserrat — Article 38 – paragraph 1 – introductory part
The only way to guarantee that each packing material contributes individually, equally, and fairly to waste reduction is through material-specific waste reduction targets.
Massimiliano Salini, Francesca Peppucci, Marian-Jean Marinescu, Fulvio Martusciello, Adam Jarubas, Isabel Benjumea Benjumea, Dolors Montserrat — Article 38 – paragraph 1 – point a
The suggested ambitious reduction targets will encourage the reuse and lightening of packaging, but may also limit the availability of the packaging needed to deliver products to end users.
Grace O'Sullivan — Article 38 – paragraph 1 – point a
The reduction targets need to be strengthened to spur effective measures at Member State level.

What plenary voted on this article

Every vote on this article's amendments, from the voting-results minutes. The bar shows the split; hover for exact counts.

Amfor/against/abstainedLT votesGroups
428Drejected141/473/8Am 428D: +141 / −473 / ~82↑ 8↓ECR 52–3 ID 41–6 NI 17–15 The Left 0–29 — 15–56 Verts/ALE 0–56

Source: the European Parliament's voting-results minutes. n = 1 votes on this article; 'LT votes' is how many Lithuanian members voted for/against in that vote (from roll-call records; not every vote is a roll-call).

Who wrote about this article in the consultations

Filers who named this exact article number in their own text. It is their sentence, not our reading — and not a causal claim.

20
business association
12
NGO
8
company
2
environmental org.
2
EU citizen
WhoCountryWhat they wrote
IKG crewshop24.comDEwhich is in conformity with the requirements laid down in or pursuant to Articles 5 to 12.’ The conformity assessment procedure (Article 38) can be carried out by the manufacturer or by someone else on their behalf (e.g. a laboratory or a certification scheme ↗
CNSBII - Corpo Nazionale delle Sentinelle dei Bacini idrografici ItalianiITanno 24 mesi dopo tale data. I fabbricanti non sono tenuti a effettuare la procedura di valutazione della conformità a norma dell'articolo 38 e dell'allegato VII del regolamento sugli imballaggi e i rifiuti di imballaggio per quanto riguarda la riciclabilità f ↗
Hamza BousroufiDEvereinbar. 2. Konformitätserklärung pro Verpackung ohne Bagatellschwelle Die Pflicht zur EU-Konformitätserklärung (Art. 15 i.V.m. Art. 38, 39 PPWR) trifft Betriebe mit wenigen Mitarbeitern in gleicher Weise wie Konzerne. Wir stellen keine Verpackungen her, son ↗
ANAIPESgislative proposal. In order to assure the industry has time to adapt. Chapter VII Management of packaging and of packaging waste Article 38 Prevention of packaging waste 2. Member States shall implement measures aiming to prevent the generation of packaging ↗
Foreign Investors CouncilRO5% for all beverages, not just alcoholic beverages in the form of wines. 4) Targets to prevent the generation of packaging waste (Article 38 of the Regulation) We support the targets for preventing the generation of packaging waste proposed in the Regulation f ↗
Confederation of Swedish EnterpriseSEalso include a provision stating that any specifica- tions developed should be withdrawn when a new standard is in place. 17 (18) Article 38 - Prevention of packaging waste Article 38 allows Member States to introduce national measures (including economic inst ↗
VÖA – Vereinigung der öffentlichen AbfallwirtschaftsbetriebeATled requirements of an EU regulation do not dissolve or restrict the functioning and recognized regulations of the member states. Art. 38 Prevention of packaging waste: In principle, targets for the prevention of packaging waste are welcomed. ↗
TOMRABE: as outlined in recital (65), refill is a prevention measure and should therefore count towards the prevention targets set under Art. 38, it should not be included in the reuse targets under Art.26 paragraphs (2) to (6). ↗
ReloopBEe life carbon emissions, to ensure that the Regulation’s overall objectives are met and that unintended consequences are avoided. Article 38 Waste prevention targets Commissions proposal Our suggestion Each Member State shall reduce the packaging waste generat ↗
Deutsche Umwelthilfe e.V.DElegated acts on design for recycling and on the calculation of reuse targets should be adopted earlier. Waste prevention targets (Art. 38) » For years, DUH has been calling for concrete waste prevention targets at the EU level. Therefore, we regard the first-t ↗
EsPlásticosESts manufactured outside the European Union, any other accreditation body with whom EA has an international recognition agreement. Article 38 Prevention of packaging waste, paragraph 5 2. Member States shall implement measures aiming to prevent the generation o ↗
ATLAFRire pour des aspects logistiques. Comment sera évalué l’atteinte de l’objectif de réduction des déchets d’emballage par habitant (article 38) ? 2. ↗
Sciaena – associaçao de Ciências Marinhas e CooperaçãoPTto achieve waste prevention and to minimise the environmental impact of packaging, pursuant Article 38. We strongly recommend including Article 191 TFEU (environmental basis) as legal basis for this regulation, next to Article 114 TFEU (single market) regardin ↗
EUROFER, The European Steel AssociationBErinciple). Unnecessary logistics is to be avoided in order to achieve a truly circular economy. 3. Prevention of packaging waste (article 38): Waste reduction targets should be set for each of the specific materials contained in packaging waste: plastic, wood, ↗
APEAL, Steel for PackagingBErinciple). Unnecessary logistics is to be avoided in order to achieve a truly circular economy. 3. Prevention of packaging waste (article 38): Waste reduction targets should be set for each of the specific materials contained in packaging waste: plastic, wood, ↗
Metal Packaging EuropeBEed stable at under 10 kg per capita since 2009). MPE considers that before imposing strict packaging waste prevention measures in Article 38, the role of packaging should be considered. Packaging materials that extend shelf life have an important role to play ↗
Wirtschaftsvereinigung StahlDE„handling and transport of a number of sales units or grouped packages“ and have to be considered as primary packaging. Article 38, paragraph 1 Prevention of packaging waste Article 38, paragraph 1 Prevention of packaging waste Each Member State shall reduce t ↗
Health and Environment Justice SupportDEsetzen und sicherstellen, dass die zur Abfallvermeidung notwendige Maßnahmen umgesetzt werden. Original text Amendments Rationale Article 38 (1) Each Member State shall reduce the packaging waste generated per capita, as compared to the packaging waste generat ↗
AmcorBEsumption). Policy ask: Remove Article 22 and Annex V from the Packaging and Packaging Waste Regulation. Waste prevention targets (Article 38) We fully support the European Commission’s approach in determining the needed prevention targets for packaging waste, ↗
Ecommerce EuropeBEowards packaging prevention measures they could take to meet the new 5% packaging waste reduction target by 2030, as laid down in Article 38. Other good practices on waste prevention could be encouraged by allowing such waste prevention measures to count towar ↗
CEC - European Footwear ConfederationBEetitiveness of companies and generating legal uncertainty. The incentives for the application of the waste hierarchy addressed in art. 38.3 should also be defined, or at least monitored, at EU level, to guarantee the level playing field among economic operator ↗
VOICE of Irish Concern for the EnvironmentIEiversity loss.6 Recommendations: Waste Prevention Adopt ambitious material and sectoral waste prevention targets. Currently under Article 38, the PPRR proposes a 5% reduction target by 2030. Ireland has increased its packaging generation by 42% in just 7 years ↗
EDANABEver, the single market principle could still be hampered by the provisions, set in various articles (e.g., Art. 4 §5, Art. 29 §4, Art. 38 §5) which give Member States the option to define more ambitious goals. This may again lead to differences between Member ↗
ANIAFRs cohérentes et adaptées. Enfin, nous constatons que la métrique de l’objectif de réduction des déchets d’emballage par habitant (article 38) manque de clarté, en particulier pour l’évaluation de son atteinte. ↗
Verband Metallverpackungen e.V. (VMV)DEiate bulk containers should be completely deleted from Article 26 and also from the recitals (69). Prevention of packaging waste: Article 38 sets targets for the reduction of packaging waste. To avoid an increased shift to lighter materials with low recycling ↗
WWF GermanyDEny's point of view, the targets need to be more ambitious. A reduction goal of 5 % until 2030 with base year 2018 as laid down in Article 38 is not sufficient considering that in the last ten years alone, the amount of packaging waste has increased by around 2 ↗
MIWA TechnologiesCZinding reuse and refill targets. MIWA welcomes the Commission’s ambition to gradually decrease waste per capita production set in Article 38 (Prevention of packaging waste) and the provisions targeting reuse as defined in Article 26 (Re-use and refill targets) ↗
European Recycling PlatformDEackaging waste, inter alia through EPR schemes or the development of waste prevention plans by producers and PROs as mentioned in Article 38(3), we would like to point out that PROs have only a limited influence on consumer behaviour, which means that such mea ↗
FEVE - the European Container Glass FederationBE. PACKAGING WASTE PREVENTION a. Packaging Waste reduction targets per capita at Member State level need to be material- specific (Article 38) • It is important to underline that “Packaging put on the market” is used as a proxy for “Packaging Waste Generated”, ↗
EUROMOT - The European Association of Internal Combustion Engine and Alternative Powertrain ManufacturersBEgoods. This also goes for Art. 38 which implies MSs could go beyond requirements and set more stringent waste targets. 2. Moreover, the regulatory framework must take into account the uniqueness of the challenges of individual industry sectors at the different ↗

Source: public consultation submissions and position papers. n = 46 mentions; counted as a literal reference to the article number.

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