PPWR — Article 62

The article's text

Article 62
Formal non-compliance 1. Where a Member State becomes aware of any of the following circumstances, it shall require the relevant economic operator to put an end to the non-compliance concerned:
(a)
the EU declaration of conformity has not been drawn up;
(b)
the EU declaration of conformity has not been drawn up correctly;
(c)
the QR code or data carrier referred to in Article 12 do not provide access to the information required in accordance with that Article;
(d)
the technical documentation referred to in Annex VII is not available, is not complete or contains errors;
(e)
the information referred to in Article 15(6) or Article 18(3) is absent, false or incomplete;
(f)
any other administrative requirement set out in Article 15 or Article 18 is not fulfilled;
(g)
the requirements on restrictions on excessive packaging or on uses of certain packaging formats set out in Articles 24 and 25 are not complied with;
(h)
in relation to reusable packaging, the requirements on the establishment, operation or participation in a re-use system referred to in Article 27 are not fulfilled;
(i)
in relation to refill, the information requirements set out in Article 28(1) and (2) are not ffull textulfilled;
(j)
the requirements on the refill stations set out in Article 28(3) are not fulfilled;
(k)
the re-use targets set out in Article 29 are not achieved;
(l)
the refill obligations in Article
32 and re-use offer obligation in Article 33 are not fulfilled;
(m)
the requirements on recyclable packaging set out in Article 6 are not fulfilled;
(n)
the requirements on minimum recycled content in plastic packaging set out in Article 7 are not fulfilled.
requirements on minimum recycled content in plastic packaging set out in Article 7 are not fulfilled.
2. Where the non-compliance referred to in paragraph 1, points (a) to (f), persists, the Member State concerned shall take all appropriate measures to prohibit the packaging from being made available on the market or to ensure that the packaging is recalled or withdrawn from the market.
3. Where the non-compliance referred to in paragraph 1, points (g) to (n), of this Article persists, Member States shall apply the rules on penalties applicable to infringements of this Regulation which are laid down by the Member States in accordance with Article 68.
CHAPTER X
GREEN PUBLIC PROCUREMENT

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	36
PPE	28
—	7
S&D	6
ECR	4
NI	2
Verts/ALE	2
Renew	1

Source: the committee amendment documents. n = 21 amendments targeting this article.

Grace O'Sullivan — Article 62 – paragraph 1 a (new)
The internal market only works if penalties by Member States are comparable. It is important to set out criteria with regard to penalties to avoid widely diverging penalties by Member States. The text for this amendment is taken verbatim from the Commission proposal to revise the waste shipment regulation, with a minor adaptation.

Grace O'Sullivan — Article 62 a (new)
To help with enforcement, it is important that competent authorities are required to receive and adequately respond to complaints of non-compliance made by the public and NGOs. The wording of this amendment reflects Article 23 of Regulation (EU) No 1257/2013 on Ship 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.

business association

NGO

environmental org.

company

Who	Country	What they wrote
IKG crewshop24.com	DE	gations applicable as from 12 August 2026 should not disrupt trade flows, supply chains or consumer access to goods. In line with Article 62 of the PPWR, if a Member State becomes aware of any of the instances of non-compliance set out in that Article, it must ↗
Wirtschaftsvereinigung Stahl	DE	ensure a fair effort sharing by all materials. Article 62, paragraph 3 Penalties Article 62, paragraph 3 Penalties 1. By [OP: Please insert the date = 24 months after the date of entry into force of this Regulation], Member States shall lay down the rules on p ↗
ATLA	FR	des délais de mise en conformité suffisants aux entreprises afin d’éviter des encombrements chez les imprimeurs. 8. Pénalités (article 62) Nous nous interrogeons sur la manière dont les objectifs vont être évalués (niveau national ou européen) ? Ainsi que sur ↗
AIM, European Brands Association	BE	never be abused within the context of commercial dealings. Any abuse of the duty of care should be penalised within the scope of Article 62.  Article 7 - Minimum recycled content requirements for plastic packaging Ensuring that the responsibility for recycle ↗
Confederation of Swedish Enterprise	SE	ame requirements set out in Articles 5 to 11 and Article 24 need to be repealed or amended. 18 (18) Chapter 12 - Final Provisions Article 62 - Penalties Swedish Enterprise is supportive of the legislative proposal being presented as a Regulation, as this incre ↗
Reloop	BE	cy: Need to ensure public access to Member States’ data on packaging and packaging waste We welcome the new targets set on reuse (Art. 62), recycled content, (Art. 7) and waste prevention (Art. 55). This means that there is a greater need for Member States to ↗
ANIA	FR	.................................................................................................................... 9 Pénalités (article 62) ...................................................................................................................... ↗
ELIPSO	FR	izes than those referred to in paragraphs 7 to 10, based on the positive experiences of the measures taken by Member States under Article 62(2), (b) exemptions for economic operators in addition to those listed in paragraph 14, (c) exemptions for specific pack ↗
Polish Zero Waste Association	PL	as an excuse for non-recyclable packaging to remain on the market. d. Penalties The penalties section of the proposed Regulation (Art. 62) is too vague and does not signal to the Member States or market participants the immense importance of compliance with th ↗
Recycling Netwerk Benelux	NL	relative à la lutte contre le gaspillage et à l'économie circulaire- Article 62 (10-5). Article to be added: 1) Member States shall ensure that extended producer responsibility schemes dedicate a minimum of 10% of their annual budget to finance reuse infrastru ↗
Livsmedelsföretagen	SE	is recalled o nly on formal grounds without the packaging posing a danger to the environment or human health is disproportionate.Article 62 Sanctions § 1The level of the sanctions in the different M ember S tates must not be so different that it affects the c ↗
European Environmental Bureau	BE	as an excuse for non-recyclable packaging to remain on the market. d. Penalties The penalties section of the proposed Regulation (Art. 62) is too vague and does not signal to the Member States or market participants the immense importance of compliance with th ↗
Rethink Plastic alliance (NGO coalition)	BE	as an excuse for non-recyclable packaging to remain on the market. d. Penalties The penalties section of the proposed Regulation (Art. 62) is too vague and does not signal to the Member States or market participants the immense importance of compliance with th ↗
IK Industrievereinigung Kunststoffverpackungen	DE	d throughout the EU. Failure of economic operators to comply with Articles 23-26 is to be subject to fines by Member States under Article 62. We recommend the following amendments: 1. ↗

Source: public consultation submissions and position papers. n = 14 mentions; counted as a literal reference to the article number.

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