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PPWR — Article 46

The article's text

Article 46 Producer responsibility organisation 1. Producers may entrust a producer responsibility organisation authorised in accordance with Article 47 with carrying out the extended producer responsibility obligations on their behalf. Member States may adopt measures to make entrusting the extended producer responsibility obligations to a producer responsibility organisation mandatory. make entrusting the extended producer responsibility obligations to a producer responsibility organisation mandatory. 2. Where, on the territory of a Member State, one or multiple producer responsibility organisations are authorised to fulfil extended producer responsibility obligations on behalf of producers, the Member State shall ensure that the producer responsibility organisation or organisations and producers that have not entrusted the carrying out of the extended producer responsibility obligations to a producer responsibility organisation, when taken together, cover the whole territory of the Member State as regards the activities in accordance with Article 47(3) and Articles 48 and 50. Member States shall appoint an independent third party to oversee the carrying out of the extended produ
full text
cer responsibility obligations by the producer responsibility organisations in a coordinated manner or shall entrust such oversight to the competent authority. responsibility organisations in a coordinated manner or shall entrust such oversight to the competent authority. 3. Producer responsibility organisations shall ensure the confidentiality of the data in their possession as regards proprietary information or information directly attributable to individual producers or their authorised representatives. information or information directly attributable to individual producers or their authorised representatives. 4. In addition to the information referred to in Article 8a(3), point (e), of Directive 2008/98/EC, producer responsibility organisations shall publish on their websites, at least once a year, information on the quantity of packaging, including packaging of packaged products, made available for the first time on the territory of a Member State, or unpacked by a producer without being an end user, and on the levels of recovered and recycled materials in relation to the quantity of packaging for which they have been performing producer responsibility obligations. Member States may provide that public authorities that are responsible for the organisation of the management of packaging waste shall publish on their websites, at least once a year, information on the levels of recovered and recycled materials in relation to the quantity of packaging waste generated on their territory. levels of recovered and recycled materials in relation to the quantity of packaging waste generated on their territory. 5. Producer responsibility organisations shall ensure equal treatment of producers regardless of their origin or size, without placing a disproportionate burden on producers of small quantities of packaging, including packaging of packaged products, including small and medium-sized enterprises.

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
S&D13
Renew5
ECR5
—2
The Left1

Source: the committee amendment documents. n = 18 amendments targeting this article.

João Pimenta Lopes — Article 46.º – paragraph 1 – introductory part
It is important to recognise the different starting positions for each of the Member States with regard to the targets that are now being set, which mean that different levels of effort will be required to achieve these goals. Without calling the objectives themselves into question, some flexibility is needed in terms of meeting the targets.
César Luena, Javi López — Article 46 – paragraph 1 – point b – point i
A higher target for plastic recycling is proposed. We must make progress in chemical recycling by sending signals to economic operators, as it can potentially be complementary to mechanical recycling.
César Luena, Javi López — Article 46 – paragraph 1 – point d – point i
A higher target for plastic recycling is proposed. We must make progress in chemical recycling by sending signals to economic operators, as it can potentially be complementary to mechanical recycling.

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.

17
business association
5
NGO
4
EU citizen
3
company
1
environmental org.
WhoCountryWhat they wrote
Pharmabinoid BVNLity. Article 44 provides simplified reporting for certain producers placing less than 10 tonnes of packaging on the market, while Article 46 specifically addresses avoiding disproportionate burdens on producers of small quantities of packaging, including SMEs. ↗
Brummerhoop GmbHDEesponsible operator by marking a check box. M EN 5 EN Part C Certificate issued by the producer responsibility organisation where Article 46(1) of Regulation (EU) 2025/40 applies Information element Description Type of information Member State concerned M Regi ↗
Rolf VeenESArticle 44(8) does not correct this; §4.1 below shows that the ten-tonne simplification in Annex II saves rows rather than work. Article 46(5) states a proportionality expectation without a metric or an enforcement path a small producer can use. ↗
—DEly prepared in substance and still fail on the same fixed, volume-independent representative costs across up to 26 Member States. Article 46(5) requires producer responsibility organisations not to place a disproportionate burden on micro-enterprises. This doe ↗
—HRChapter VII Section 3 Article 46 "5. Producer responsibility organisations shall ensure equal treatment of producers regardless of their origin or size, without placing a disproportionate burden on producers of small quantities of packaging, including packagin ↗
Health and Environment Justice SupportDEdding it to recycling rate is wrong. Art. 48 (1) A Member State may decide to attain an adjusted level of the targets referred to Article 46(1) for a given year by taking into account the average share, in the preceding three years, of reusable sales packaging ↗
Wirtschaftskammer ÖsterreichATRecyclingquoten in Art 46 des PPWR-Vorschlags für bestimmte Materialien sind jedoch für Papier und Pappe festgelegt. Wir schlagen vor, dass derselbe Ansatz für die Bewertung der Recyclingfähigkeitsanforderungen verwendet wird, einschließlich für das Kriterium ↗
ReloopBEthe Commission in accordance with Decision 2005/270/EC for each of the specific materials contained in packaging waste listed in Article 46, by (a) 5 % by 2030; (b) 10 % by 2035; (c) 15 % by 2040. 12 Justification: Setting an overall (i. e. non-material speci ↗
Deutsche Umwelthilfe e.V.DEmaterials that are not recyclable. Rather, recycling should be considered from the beginning. » Regarding the recycling targets (Article 46), there should be no exemption for the achievement of the material-specific targets set out. These targets have not bee ↗
Polyolefin Circular Economy PlatformBEd quantified targets for recycling, and the necessary collection and sorting that will be required to meet them, should remain in Article 46. Any reporting requirements to monitor targets should be in Article 50. These two articles along with Article 6 should ↗
Wirtschaftsvereinigung StahlDEhall reduce the packaging waste generated per capita, for each of the packaging materials contained in packaging waste listed in article 46, as compared to the packaging waste generated per capita in 2018 as reported to the Commission in accordance with Decis ↗
VDMA (Machinery and Equipment Manufacturers Association)DEed in the legal text of a new EU Packaging Regulation. Exceptions should therefore apply with regard to the required reusability. Article 46 - Recycling targets and promotion of recycling The mechanical and plant engineering sector advocates ambitious but achi ↗
SUEZFRhe recycled plastic content for sensitive applications. Furthermore, the proposed regulation lays down general recycling targets (article 46) for packaging materials as plastic, aluminum, glass, and paper. Overall, these targets are feasible goals and necessar ↗
ATLAFRjectifs, pour ne pas le limiter à la matière plastique recyclée. D’ailleurs, pour la comptabilisation des objectifs de recyclage (article 46), les déchets de production peuvent être comptabilisés conformément à l’article 47.9 : « The amount of packaging waste ↗
HPE -Bundesverband Holzpackmittel, Paletten, Exportverpackung e.V.DEsierung des Binnenmarktes und die Vermeidung unerwünschter Stoffströme erreicht werden soll, dann bitte konsequent. Daher sollten Artikel 46 (6) sowie Artikel 4 (4) gestrichen werden. Der zunehmende Wildwuchs an Regelungen und Kennzeichnungen in den verschiede ↗
Verband Metallverpackungen e.V. (VMV)DEthe Commission in accordance with Decision 2005/270/EC for each of the specific materials contained in packaging waste listed in Article 46, by (a) 5 % by 2030; (b) 10 % by 2035; (c) 15 % by 2040. Justification: The PPWR Impact Assessment shows that the propo ↗
CITPABEHowever, the recycling rates in Article 46 of the proposal for specific materials are set for paper & cardboard only. CITPA recommends using the approach provided by Article 46 also for the assessment of the recyclability requirements (Annex II, Table 1) and f ↗
CEPI EurokraftSEfied: Paper/Cardboard packaging and composite packaging of which the majority is paper/cardboard. However, the recycling rates in Article 46 of the proposal for specific materials are set for paper & cardboard only. ↗
Flexible Packaging EuropeBEp recycling and make a truly circular economy a reality. We believe that current provisions (including Article 43, Article 44 and Article 46) would not suffice to oblige Member States to take action. 2 https://www.vision.flexpack-europe.org 3 Please find the C ↗
Flexible Packaging InitiativeBEpublic authorities. Separate collection of packaging designed for recycling (including flexibles) should be made mandatory under art. 46. ↗
EuRIC - European Recycling Industries' ConfederationBEthe rules of recycling targets defined in Article 46(1) would further promote a Europe at different speeds. Moreover, this option holds the possibility of shifting material flows to those countries where EuRIC – Recycling: Bridging circular economy & climate p ↗
FERVERBEld have maximum freedom to set up their own systems, taking into account the specific situation in the concerned Member State. C. Article 46.d – Recycling targets and promotion of recycling Many countries within the EU have already very high recycling rates fo ↗
SEFA - European Association of Steel Drum ManufacturersDEthe Commission in accordance with Decision 2005/270/EC for each of the specific materials contained in packaging waste listed in Article 46, by (a) 5 % by 2030; (b) 10 % by 2035; (c) 15 % by 2040. Justification: The PPWR Impact Assessment shows that the propo ↗
European Carton Makers AssociationNLHowever, the recycling rates in Article 46 of the proposal for specific materials are set for paper & cardboard only. ECMA recommends using the approach provided by Article 46 also for the assessment of the recyclability requirements (Annex II, Table 1) and fo ↗
—DElikationen/p-details/climate-impact-of-pyrolysis-of-waste-plastic-packaging-in-comparison-with-reuse-and- mechanical-recycling 13 Article 46 (2) Without prejudice to paragraph 1, point (a), a Member State may postpone the deadlines set out in paragraph 1, poin ↗
Recycling Netwerk BeneluxNLwhy the Commission has decided to include an exemption of five years that can be requested as soon as 31 December 2023. Delete article 46, paragraph 2 29 (b) as a result of the derogation from the targets in the period of postponement, the recycling rate for a ↗
Municipal Waste EuropeBEthe information and the financial flow. We suggest the creation of a single platform to coordinate both systems. Article 46 - Recycling targets and promotion of recycling Targets for multi-material packaging, for example carton-board which includes paper, plas ↗
bvse-Bundesverband Sekundärrohstoffe und Entsorgung e.V.DERegulation enters into force. This period seems to the bvse e.V. to be clearly too long and should be set at 4 years. In Article 46(7), the Commission reserves the right to set so-called "average loss rates" for recycling by means of delegated acts. For the es ↗
Keep Sweden Tidy FoundationSEproducts listed in Part XVI of Annex I to Regulation (EU) No 1308/2013, unless it is packaged for direct consumption. Article 46 Recycling targets and promotion of recycling (§1, b) by 31 December 2025, the following minimum percentages by weight of the follow ↗
IK Industrievereinigung KunststoffverpackungenDE) or to invest in the recovery of these plastics. It thus makes it more difficult to meet the plastics-specific recycling quotas (Article 46) as well as the minimum recycled content quotas (Article 7). We therefore recommend increasing the minimum share of rec ↗

Source: public consultation submissions and position papers. n = 31 mentions; counted as a literal reference to the article number.

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