PPWR — Article 47

The article's text

Article 47
Authorisation on fulfilment of extended producer responsibility
1. The producer, in the case of individual fulfilment of extended producer responsibility obligations, or the producer responsibility organisation entrusted with carrying out those obligations, in the case of collective fulfilment of extended producer responsibility obligations, shall apply for an authorisation on fulfilment of extended producer responsibility from the competent authority.
shall apply for an authorisation on fulfilment of extended producer responsibility from the competent authority.
2. When adopting measures laying down the administrative and procedural rules referred to in Article 40(2), Member States shall establish the requirements and details of the authorisation procedure. Those requirements and details may differ for individual and collective fulfilment of the extended producer responsibility obligations. Member States shall also establish the modalities for verifying compliance, including the information to be provided by producers or producer responsibility organisations to that end. The authorisation procedure shall include requirements on the verification of the arrangements put ifull textn place to ensure compliance with the requirements laid down in paragraph 3 of this Article, and timeframes for that verification, which shall not exceed 18 weeks from the submission of a complete application dossier. That verification shall be carried out by a competent authority or an independent expert who shall issue a verification report on its result. The independent expert shall be independent of the competent authority and of the producer responsibility organisations or the producers authorised for individual fulfilment.
authority and of the producer responsibility organisations or the producers authorised for individual fulfilment.
3. The measures to be established by Member States in accordance with paragraph 2 shall include measures ensuring that:
(a)
the requirements laid down in Article 8a(3), points (a) to (d), of Directive 2008/98/EC are complied with;
(b)
the measures put in place or paid for by the producer or producer responsibility organisation are sufficient to allow for the return and waste management of all packaging waste in accordance with Article 48(1) and (5) and Article 50, free of charge for consumers, with a frequency proportionate to the area and volume of packaging waste covered with regard to the quantity and types of packaging, including packaging of packaged products, made available for the first time on the territory of a Member State by that producer or producers on whose behalf the producer responsibility organisation acts, or packaging unpacked by such producer or producers without being end users;
(c)
the necessary arrangements, including preliminary arrangements, to that end are in place with distributors, public authorities or third parties carrying out waste management on their behalf;
(d)
the necessary sorting and recycling capacity is available to ensure that packaging waste collected is subsequently subject to preliminary treatment and high-quality
recycling;
(e)
the requirement laid down in paragraph 6 of this Article is complied with.
treatment and high-quality recycling;
(e)
the requirement laid down in paragraph 6 of this Article is complied with.
4. The producer or the producer responsibility organisation shall notify the competent authority without undue delay of any changes to the information contained in the application for an authorisation, of any changes that concern the terms of the authorisation, or of the permanent cessation of operations. On the basis of some or all of such notified changes, the competent authority may decide to amend the authorisation.
On the basis of some or all of such notified changes, the competent authority may decide to amend the authorisation.
5. The competent authority may decide to revoke the authorisation, in particular if the producer or producer responsibility organisation no longer fulfils the requirements on the organisation of the treatment of packaging waste or fails to fulfil other extended producer responsibility obligations under the schemes established in accordance with Articles 8 and 8a of Directive 2008/98/EC or under this Section, such as obligations to report to the competent authority, or obligations to notify any changes to the terms of the authorisation or if the producer has permanently ceased operations.
to notify any changes to the terms of the authorisation or if the producer has permanently ceased operations.
6. The producer, in the case of individual fulfilment of extended producer responsibility obligations, or the producer responsibility organisation entrusted with carrying out those obligations, in the case of collective fulfilment of extended producer responsibility obligations, shall provide an adequate guarantee intended to cover the costs related to waste management operations owed by the producer or the producer responsibility organisation, in the event of non-compliance with the extended producer responsibility obligations, including in the permanent cessation of its operations, or insolvency. Member States may specify additional requirements for the guarantee. The guarantee may take the form of a public fund that is financed by producers’ fees and for which a Member State is jointly and severally liable.
Section 4
Return, collection, deposit and return systems

Who tried to change it in committee

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

Group	Amendments
ID	54
PPE	14
S&D	9
—	8
Verts/ALE	3
ECR	2
Renew	2

Source: the committee amendment documents. n = 20 amendments targeting this article.

Massimiliano Salini, Francesca Peppucci, Marian-Jean Marinescu, Fulvio Martusciello, Adam Jarubas, Isabel Benjumea Benjumea, Dolors Montserrat — Article 47 – paragraph 4
As the rules on the calculation of the attainment of the recycling targets is linked in some EU Member States to defining what is allowed to be collected in the packaging material streams, there is a risk that a 5% threshold excludes some packaging formats that in practice are collected and recycled in different streams.

Grace O'Sullivan — Article 47 – paragraph 5
For any exports of packaging waste to account for the achievement of the recycling targets, the recycling conditions in the importing country need to be equivalent to those in the EU, and not just "broadly" equivalent. Moreover, the exact proof that the exporter has to provide for this should be specified. The revised wording here is identical to that of Article 58(2) of the agreement on the revision of the Batteries

Grace O'Sullivan — Article 47 – paragraph 8
Only biological processes such as aerobic or anaerobic treatment shall be considered as recycling technologies.

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.

business association

other

NGO

company

EU citizen

Who	Country	What they wrote
IKG crewshop24.com	DE	responsibility in accordance with Article 47; (e) the making available of information in accordance with Article 56. For the purposes of enforcement of the obligations for management of packaging and packaging waste set out in Chapter VIII of the PPWR, and ins ↗
Gemeinschaft Papiersackindustrie e.V.	DE	ackaging ma terial used, as defined in Annex II: (a) reaches a minimum recycling rate of 85% a EU level by 2030, as calculated in Article 47 and, (b) reaches a minimum recycling rate of 90% a EU level by 2040, as calculated in Article 47 and, (c) is recycled a ↗
Wirtschaftsvereinigung Stahl	DE	covering at least 75 % of the Union population, including packaging waste exported from the Union that meets the requirements of Article 47(5); ‘recycled at scale’ means collected, sorted and recycled through installed state-of-the-art infrastructure and proc ↗
ANAIP	ES	such that most of the finished compost ultimately decomposes into carbon dioxide, mineral salts, biomass and water, according to Article 47(4), and does not hinder the separate collection and the composting process or activity into which it is introduced in i ↗
Health and Environment Justice Support	DE	te of resources and energy. Also the infrastructure of renewable energy needs resources and time, so it will always be limited.26 Art 47 (4) Composite packaging and other packaging composed of more than one material shall be calculated and reported per materia ↗
ASOBIOCOM	ES	ue se utilice un envase adecuado. Ello 9 purposes listed in point 1, 2, 3 and 4 of Annex V. se consigue con envases compostables. Article 47 - Rules on the calculation of the attainment of the recycling targets ↗
VÖA – Vereinigung der öffentlichen Abfallwirtschaftsbetriebe	AT	eleted. 2 TB Hauer (2019): Evaluierung eines Einwegpfandsystems in Österreich Transparency Register: 655816944322-97 22.02.2023 Art. 47: Rules on the calculation of the attainment of the recycling targets Ad paragraph 8: Biodegradable plastics currently avai ↗
Confederation of Swedish Enterprise	SE	ly a thin plastic film on it. See the proposed new Article 3(44) below. Elsewhere in the legislative proposal (see Article 43 and Article 47), the concept of high- quality recycling is highlighted as a long-term objective for the Regulation. ↗
EsPlásticos	ES	such that most of the finished compost ultimately decomposes into carbon dioxide, mineral salts, biomass and water, according to Article 47(4), and does not hinder the separate collection and the composting process or activity into which it is introduced in i ↗
FEAD - European Waste Management Association	BE	the retail sector and the waste management sector. 9. Waste materials that have ceased to be waste are the result of recycling In Article 47(9) ‘Rules on the calculation of the attainment of the recycling targets’, packaging waste materials resulting from a pr ↗
ATLA	FR	a 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 materials that have ceased to be waste as a result of a preparatory operation befor ↗
ANIA	FR	au titre de l’incorporation (l’article 47-9 concernant le taux de recyclage le prévoit pourtant à ce titre). Au titre des définitions, il conviendrait de clarifier / confirmer que les emballages logistiques sont concernés par l’obligation au titre des « autres ↗
Afvalfonds Verpakkingen	NL	s for packaging waste per packaging type cannot be made available, assumptions made based on average loss rates as referred to in Article 47(3); (d) installed infrastructure capacities for sorting and recycling in the Union as a whole for each packaging type l ↗
Consorzio Biorepack	IT	indice della sottovalutazione del riciclo organico è il seguente. La proposta di regolamento è contraddittoria perché mentre all’art. 47, par. 8, detta le regole per calcolare i quantitativi di imballaggi biodegradabili avviati a riciclo organico, nell’Allega ↗
Verband Metallverpackungen e.V. (VMV)	DE	covering at least 75 % of the Union population, including packaging waste exported from the Union that meets the requirements of Article 47(5); (32) ‘recycled at scale’ means collected, sorted and recycled through installed state-of-the-art infrastructure and ↗
FERVER	BE	uction of ambitious collection targets as an additional tool to ensure the recycling targets are met within its Member States. D. Article 47.9 - Rules on the calculation of the attainment of the recycling targets In article 47.9, which refers to the calculatio ↗
European Bioplastics e. V. (EUBP)	DE	2 (3)). The use of some of the packaging formats in Annex V is strictly related to food safety, quality and hygiene requirements. Article 47 – Rules on the calculation of the attainment of the recycling targets Commission Proposal Proposed Amendment ↗
—	DE	such that most of the finished compost ultimately decomposes into carbon dioxide, mineral salts, biomass and water, according to Article 47(4), and does not hinder the separate collection and the composting process or activity into which it is introduced in i ↗
ICPP	DE	covering at least 75 % of the Union population, including packaging waste exported from the Union that meets the requirements of Article 47(5); Article 3 Definitions (2) ‘sales packaging”, i.e. packaging conceived so as to constitute a sales unit consisting o ↗
ELIPSO	FR	cling rates of packaging waste by type of packaging are not available, assumptions based on the average loss rates referred to in Article 47(3) ; (d) and the capacities of the infrastructure installed for sorting and recycling throughout the Union for each typ ↗
Municipal Waste Europe	BE	such that most of the finished compost ultimately decomposes into mineral salts, biomass and carbon dioxide, water, according to Article 47(4), and does not hinder the separate collection and the composting process or activity into which it is introduced in i ↗
essenscia	BE	s for packaging waste per packaging type cannot be made available, assumptions made based on average loss rates as referred to in Article 47(3); 6. ↗
Valmet Oyj	FI	should not affect the reuse and refill or recycling targets as they are not originally placed on the EU market. Article 47(10) - Rules on the calculation of the attainment of the recycling targets • The proposal says that Member States may take into account th ↗
VKU	DE	wegflaschen aus Kunststoff durchzusetzen. Eine Regelung ohne Ausnahmen würde die Prozesse in der Praxis deutlich vereinfachen. Zu Artikel 47 – Regeln für die Berechnung der Erreichung der Recyclingziele Die Einstufung von Verbundmaterialien in die Hauptfraktio ↗
IK Industrievereinigung Kunststoffverpackungen	DE	s for packaging waste per packaging type cannot be made available, assumptions made based on average loss rates as referred to in Article 47(3); (d) and installed infrastructure capacities for sorting and recycling in the Union as a whole for each packaging ty ↗
Danish Waste Association	DK	EU-krav, hvorfor det oplagt også må være en opgave for Kommis- sionen at kortlægge forhindringerne for recirkulering. Artikel 47: Opgørelse af genanvendelsesmålsætningerne Det fremgår at emballager, der består af mere end et materiale kun behøver at indrapport ↗

Source: public consultation submissions and position papers. n = 26 mentions; counted as a literal reference to the article number.

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