Packaging and packaging waste, amending Regulation (EU) 2019/1020 and Directive (EU) 2019/904, and repealing Directive 94/62/EC

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European Parliament 2019-2024 {AGRI}Committee on Agriculture and Rural Development 2022/0396 (COD) {04/04/2023}4.4.2023

DRAFT OPINION

of the Committee on Agriculture and Rural Development for the Committee on the Environment, Public Health and Food Safety on the proposal for a regulation of the European Parliament and of the Council on packaging and packaging waste, amending Regulation (EU) 2019/1020 and Directive (EU) 2019/904, and repealing Directive 94/62/EC

(COM(2022)0677 – C90400/2022 – 2022/0396(COD))

Rapporteur for opinion: Salvatore De Meo

PA_Legam

SHORT JUSTIFICATION

Thanks to the development of the internal market, agri-food products can move entirely freely within the European Union, giving citizens of all Member States the opportunity to consume food and specialities from other countries. The quality benchmark of European products is what makes the European food market, characterised by very high-quality products and culinary excellence, distinctive.

The objectives of the proposal for a regulation on packaging and packaging waste are worthy of support and correspond to the sustainability targets backed by the AGRI Committee. Agri-food, and in particular fruit and vegetables, is certainly one of the areas in which this new regulation can improve and make packaging more efficient, while reducing waste.

However, given the specific characteristics and delicate nature of the products concerned, greater and specific attention must be given to this sector in order to avoid having a negative impact on all actors in the supply chain and on the products themselves. Packaging plays a key role in preserving the quality of food, including its organoleptic properties, by protecting products from mechanical damage and/or physical shocks, microbial contamination or loss of texture, smell, colour or taste, ensuring a longer shelf life, especially for fresh and highly perishable products.

The packaging of agri-food products directly contributes to limiting waste. It also ensures that consumers have better access to fresh vegetables and fruit, encouraging their consumption and healthy eating habits, in line with the EU’s objectives. The materials that make up the packaging that is in contact with agri-food products are well regulated at EU level, so it is important to ensure that this regulation does not adversely affect them for the reasons mentioned above.

In particular, care will have to be taken to ensure that the targets for recyclable plastic content in food packaging do not jeopardise food quality, given the limitations faced by most recycling chains in Europe and the limited availability of this material on the market, which may cause raw material prices to increase. To this end, chemical recycling should be considered as a complementary method to mechanical recycling, so it can be developed and so as to benefit from its significant use applied to food contact materials.

The agri-food chain involves a number of stages and actors. Some of the objectives of this regulation risk jeopardising its proper functioning by imposing unrealistic obligations for the functioning of a sector that has already made huge investments in innovation and research, improving its sustainability and serving as a virtuous model when it comes to recycling.

Lastly, it should be noted that the ambitious reuse targets will require us to consume huge amounts of energy and water – a valuable resource whose scarcity risks posing difficulties for Europe’s production and food security and self-sufficiency. It would therefore be good idea for the Member States to be able to adapt their production model according to the availability of this resource.

AMENDMENTS

The Committee on Agriculture and Rural Development calls on the Committee on the Environment, Public Health and Food Safety, as the committee responsible, to take the following into account: <RepeatBlock-Amend> Amendment 1 Proposal for a regulation Recital 5

Text proposed by the Commission Amendment

(5) In line with the Green Deal33 , the new Circular Economy Action Plan (CEAP)34 commits to reinforcing the essential requirements for packaging in view of making all packaging reusable or recyclable by 2030, and to consider other measures to reduce (over)packaging and packaging waste, drive design for re-use and recyclability of packaging, reduce the complexity of packaging materials and introduce requirements for recycled content in plastic packaging. It commits the Commission to assess the feasibility of Union-wide labelling that facilitates the correct separation of packaging waste at source.

(5) In line with the Green Deal33 , the new Circular Economy Action Plan (CEAP)34 commits to reinforcing the essential requirements for packaging in view of making all packaging reusable or recyclable by 2030, and to consider other measures to reduce (over)packaging and packaging waste, drive design for re-use and recyclability of packaging, reduce the complexity of packaging materials and introduce requirements for recycled content in plastic packaging. It commits to reduce food waste and encourages circular approaches to the use of water. It tasks the Commission to assess the feasibility of Union-wide labelling that facilitates the correct separation of packaging waste at source.

33 https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=COM%3A2019%3A640%3AFIN

34 https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=COM:2020:98:FIN&WT.mc_id=Twitter

Or. {EN}en Amendment 2 Proposal for a regulation Recital 6 a (new) Text proposed by the Commission Amendment

(6a) Plastic is overall the most used material for the packaging of agri-food products, as it ensures their safety while keeping their quality and conformity throughout the supply chain, including transport, as well as contributing to increasing the shelf life of fresh and highly perishable products. Most non-plastic food contact materials are not currently covered by specific European legislation and recycling technologies currently available do not always guarantee a high quality recycled plastic. For this reason, any initiative aimed at substituting single-use packaging, including plastic products, in the food sector, should be done in a technically and economically feasible way. Chemical recycling constitutes a complementary option to mechanical recycling to achieve the targets set in this Regulation, especially for plastic packaging in contact with food.

Or. {EN}en Amendment 3 Proposal for a regulation Recital 7

Text proposed by the Commission Amendment

(7) The Council underlined in its Conclusions of December 202038 , that the revision of Directive 94/62/EC should update and establish more concrete, effective and easy to implement provisions to facilitate sustainable packaging in the internal market and minimise the complexity of packaging in order to foster economically feasible solutions, to improve the reusability and recyclability as well as minimise substances of concern in packaging materials, especially concerning food packaging materials, and to provide for labelling packaging in an easily understandable way to inform consumers about its recyclability and where its waste should be discarded to facilitate sorting and recycling.

In the same Conclusions, the Council also stressed that any potential application of bio-based, "biodegradable" or "compostable" plastics should be based on lifecycle assessments of the impacts on the environment taking into full consideration the role of renewable materials in climate change mitigation, in biodiversity conservation and in food security.

38 https://data.consilium.europa.eu/doc/document/ST-13852-2020-INIT/en/pdf

Or. {EN}en Amendment 4 Proposal for a regulation Recital 8

Text proposed by the Commission Amendment

(8) The European Parliament’s Resolution of 10 February 2021 on the New Circular Economy Action Plan39 reiterated the objective of making all packaging reusable or recyclable in an economically viable way by 2030 and called on the Commission to present a legislative proposal including waste reduction measures and targets and ambitious essential requirements in the Packaging and Packaging Waste Directive to reduce excessive packaging, including in e-commerce, improve recyclability and minimise the complexity of packaging, increase recycled content, phase out hazardous and harmful substances, and promote re-use.

39 https://www.europarl.europa.eu/doceo/document/TA-9-2021-0040_EN.html

Or. {EN}en Amendment 5 Proposal for a regulation Recital 8 a (new) Text proposed by the Commission Amendment

(8a) In its Resolution of 15 September 2022 on the consequences of drought, fire, and other extreme weather phenomena: increasing the EU’s efforts to fight climate change39a the European Parliament stressed how water is an increasingly valuable yet scarce resource and underlined the importance of sustainable water management for guaranteeing food security, calling on the Commission to refrain from proposing further EU legislation that endangers or risks endangering EU food security. In light of its scarcity, the use of water should be prioritised in sectors where it is essential, such as agriculture.

39a https://www.europarl.europa.eu/doceo/document/TA-9-2022-0330_EN.html Or. {EN}en Amendment 6 Proposal for a regulation Recital 12 a (new) Text proposed by the Commission Amendment

(12a) It is estimated that 88 million tonnes of food waste are generated in the EU each year and over 50 % of food waste is estimated to come from households and the consumer level. Packaging can play an important role in reducing food waste as it preserves essential elements of food, so that its composition and organoleptic properties are not compromised, as well as it ensures food protection from mechanical damage and physical shocks, and it is an effective barrier against microbiological degradation, oxygen or loss of aromas, therefore increasing the shelf life of agri-food products. Packaging for fresh vegetables and fruit can ensure that consumers have access to fresh, healthy products that last longer therefore encouraging their consumption and healthy eating habits. According to the European Food Safety Agency (EFSA), food packaging protects food from microorganisms and makes it easier to store and to prolong the shelf life of food. Packaging and other articles such as containers also improve hygiene and make it more convenient for people to buy, sell and handle food. Any initiative to reduce the amount of packaging placed on the market and packaging waste should not outweigh the EU ambitions of food waste reduction.

Or.

{EN}en Amendment 7 Proposal for a regulation Recital 13

Text proposed by the Commission Amendment

(13) Packaging should be designed, manufactured and commercialised in such a way as to allow for its re-use or high-quality recycling, and to minimise its impact on the environment during its entire life-cycle and the life cycle of products, for which it was designed. This can also justify deviations from the waste hierarchy according to Article 4(2) of Directive 2008/98/EC, for example with regard to the use of recyclable single-use packaging and reusable packaging. Or. {EN}en Amendment 8 Proposal for a regulation Recital 14 a (new)

Text proposed by the Commission Amendment (14a) According to Regulation (EC) No 178/2002 of the European Parliament and of the Council43a to ensure a sufficiently comprehensive and integrated approach to food safety, there should be a broad definition of food law covering a wide range of provisions with a direct or indirect effect on the safety of food and feed, including provisions on materials and articles in contact with food, animal feed and other agricultural inputs at the level of primary production. Moreover, Regulation (EC) No 178/2002 stipulates that it is necessary to adopt measures aimed at guaranteeing that unsafe food is not placed on the market and that all measures governing food and feed shall be based on risk analysis, including risk assessments, as they facilitate the avoidance of unjustified barriers to the free movement of foodstuff. Such Regulation also stipulates that EFSA should be consulted before provisions liable to affect public health are adopted under specific measures.

43a Regulation (EC) No 178/2002 of the European Parliament and of the Council of 28 January 2002 laying down the general principles and requirements of food law, establishing the European Food Safety Authority and laying down procedures in matters of food safety (OJ L 31, 1.2.2002). Or. {EN}en Amendment 9 Proposal for a regulation Recital 16 Text proposed by the Commission Amendment

(16) In line with the Zero Pollution Action Plan44 , Union policies should be based on the principle that preventive action should be taken at source.

The Commission underlines in the Chemicals Strategy for Sustainability that Regulation (EC) No 1907/2006 of the European Parliament and of the Council45 and Regulation (EC) No 1272/2008 of the European Parliament and of the Council46 should be reinforced as the cornerstones for regulating chemicals in the Union and that they should be complemented by coherent approaches to assess and manage chemicals in existing sectorial legislation.

Substances in packaging and packaging components are therefore restricted at source and primarily addressed under Regulation (EC) No 1907/2006 in accordance with the rules and procedures laid out under its Title VIII, in order to protect human health and the environment, along all stages of the life cycle of the substance, including the waste stage. Hence, it should be recalled that the provisions of that Regulation apply for adopting or amending restrictions on substances manufactured for use or used in the production of packaging or packaging components as well as on the placing on the market of substances present in packaging or packaging components.

Concerning packaging falling within the scope of Regulation (EC) No 1935/2004 of the European Parliament and of the Council47 , it should be recalled that that Regulation applies to ensure a high level of protection of the consumers of packaged food. (16) In line with the Zero Pollution Action Plan44 , Union policies should be based on the principle that preventive action should be taken at source.

Concerning packaging falling within the scope of Regulation (EC) No 1935/2004 of the European Parliament and of the Council47 , it should be recalled that that Regulation applies to ensure a high level of protection of the consumers of packaged food. Accordingly, any material or article intended to come into contact directly or indirectly with food, including packaging, should preclude substances from being transferred to food in quantities large enough to endanger human health or to bring about an unacceptable change in the composition of the food or a deterioration in its organoleptic properties.

Regulation (EC) No 1935/2004 also stipulates that the traceability of materials and articles intended to come into contact with food should be ensured at all stages in order to facilitate control, the recall of defective products, consumer information and the attribution of responsibility. 44 Communication from the Commission to the European Parliament, the European Council, the Council, the European Economic and Social Committee and the Committee of the Regions Pathway to a Healthy Planet for All EU Action Plan: ‘Towards Zero Pollution for Air, Water and Soil’ COM(2021) 400 final.

44 Communication from the Commission to the European Parliament, the European Council, the Council, the European Economic and Social Committee and the Committee of the Regions Pathway to a Healthy Planet for All EU Action Plan: ‘Towards Zero Pollution for Air, Water and Soil’ COM(2021) 400 final.

45 Regulation (EC) No 1907/2006 of the European Parliament and of the Council of 18 December 2006 concerning the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH), establishing a European Chemicals Agency, amending Directive 1999/45/EC and repealing Council Regulation (EEC) No 793/93 and Commission Regulation (EC) No 1488/94 as well as Council Directive 76/769/EEC and Commission Directives 91/155/EEC, 93/67/EEC, 93/105/EC and 2000/21/EC (OJ L 396, 30.12.2006, p. 1).

46 Regulation (EC) No 1272/2008 of the European Parliament and of the Council of 16 December 2008 on classification, labelling and packaging of substances and mixtures, amending and repealing Directives 67/548/EEC and 1999/45/EC, and amending Regulation (EC) No 1907/2006 (OJ L 353, 31.12.2008, p. 1). 46 Regulation (EC) No 1272/2008 of the European Parliament and of the Council of 16 December 2008 on classification, labelling and packaging of substances and mixtures, amending and repealing Directives 67/548/EEC and 1999/45/EC, and amending Regulation (EC) No 1907/2006 (OJ L 353, 31.12.2008, p. 1).

47 Regulation (EC) No 1935/2004 of the European Parliament and of the Council of 27 October 2004 on materials and articles intended to come into contact with food and repealing Directives 80/590/EEC and 89/109/EEC (OJ L 338, 13.11.2004, p. 4–17). 47 Regulation (EC) No 1935/2004 of the European Parliament and of the Council of 27 October 2004 on materials and articles intended to come into contact with food and repealing Directives 80/590/EEC and 89/109/EEC (OJ L 338, 13.11.2004, p. 4–17). Or. {EN}en Amendment 10 Proposal for a regulation Recital 16 a (new) Text proposed by the Commission Amendment

(16a) A comprehensive system of traceability for food and feed items is essential through all stages of production, processing and distribution to ensure the functioning of the internal market in food or feed, so that targeted and accurate withdrawals can be undertaken or information given to consumers or control officials, thereby avoiding the potential for unnecessary wider disruption in the event of food safety problems. In these regards, packaging, including sticky labels, is fundamental and non-replaceable as it ensures that food or feed which is placed on the market is adequately labelled or identified, therefore can be traced. In case of problems, traceability of foodstuff and feedstuffs through their packaging is also essential to attribute responsibilities on the right operator, therefore constituting an important element to safeguard the work of farmers and agri-food businesses.

Or. {EN}en Amendment 11 Proposal for a regulation Recital 20

Text proposed by the Commission Amendment

(20) Designing packaging with the objective of its recycling, once it becomes packaging waste, is one the most efficient measures to improve the packaging circularity and raise packaging recycling rates and the use of recycled content in packaging. Packaging design for recycling criteria have been established for a number of packaging formats under voluntary industry schemes or by some Member States for the purpose of the modulation of extended producer responsibility fees.

In order to prevent barriers to the internal market and provide industry with a level playing field, and with the objective to promote the sustainability of packaging, it is important to set mandatory requirements regarding the recyclability of packaging, by harmonising the criteria and the methodology for assessing packaging recyclability based on a design for recycling methodology at the Union level. In order to meet the objective set out in the CEAP that, by 2030, all packaging should be recyclable or reusable, in an economically viable manner, packaging recyclability performance grades should be established based on design for recycling criteria for packaging categories as listed in Annex II.

However, packaging should comply with them only as of 1 January 2030 in order to give sufficient time to the economic operators to adapt. (20) Designing packaging with the objective of its recycling, once it becomes packaging waste, is one of the most efficient measures to improve the packaging circularity and raise packaging recycling rates and the use of recycled content in packaging while ensuring packaging performs its functions as outlined in Article 3(1) of this Regulation.

A high standard of quality and the protection of intellectual property, both of which are important to safeguard the reputation which the Union's products have achieved on the global market and prevent the usurpation, imitation, evocation of geographical indication names and trademarks, must also be taken into account. Packaging design for recycling criteria have been established for a number of packaging formats under voluntary industry schemes or by some Member States for the purpose of the modulation of extended producer responsibility fees.

However, packaging should comply with them only as of 1 January 2030 in order to give sufficient time to the economic operators to adapt. Or. {EN}en Amendment 12 Proposal for a regulation Recital 24

Text proposed by the Commission Amendment

(24) In order to protect human and animal health and safety, due to the nature of the packaged products and the related requirements, it is appropriate that the recyclability requirements should not apply to immediate packaging as defined in Article 1 of Directive 2001/83/EC of the European Parliament and of the Council50 and in Article 4(25) of Regulation (EU) 2019/6 of the European Parliament and of the Council51 , which are in direct contact with the medicinal product, as well as contact sensitive plastic packaging of medical devices covered by Regulation (EU) 2017/745 of the European Parliament and of the Council52 and of in vitro diagnostics medical devices covered by Regulation (EU) 2017/746 of the European Parliament and of the Council53 .

These exemptions should apply until 1 January 2035. (24) In order to protect human and animal health and safety, due to the nature of the packaged products and the related requirements, it is appropriate that the recyclability requirements should not apply to immediate packaging as defined in Article 1 of Directive 2001/83/EC of the European Parliament and of the Council50 and in Article 4(25) of Regulation (EU) 2019/6 of the European Parliament and of the Council51 , which are in direct contact with the medicinal product, as well as contact sensitive plastic packaging of medical devices covered by Regulation (EU) 2017/745 of the European Parliament and of the Council52 and of in vitro diagnostics medical devices covered by Regulation (EU) 2017/746 of the European Parliament and of the Council53 as well as food intended for special medical purposes and vulnerable groups, such as infants and young children as defined under Regulation (EU) No 609/201353a.

50 Directive 2001/83/EC of the European Parliament and of the Council of 6 November 2001 on the Community code relating to medicinal products for human use (OJ L 311, 28.11.2001, p. 67). 50 Directive 2001/83/EC of the European Parliament and of the Council of 6 November 2001 on the Community code relating to medicinal products for human use (OJ L 311, 28.11.2001, p. 67). 51 Regulation (EU) 2019/6 of the European Parliament and of the Council of 11 December 2018 on veterinary medicinal products and repealing Directive 2001/82/EC (OJ L 4, 7.1.2019, p. 43). 51 Regulation (EU) 2019/6 of the European Parliament and of the Council of 11 December 2018 on veterinary medicinal products and repealing Directive 2001/82/EC (OJ L 4, 7.1.2019, p.

43). 52 Regulation (EU) 2017/745 of the European Parliament and of the Council of 5 April 2017 on medical devices, amending Directive 2001/83/EC, Regulation (EC) No 178/2002 and Regulation (EC) No 1223/2009 and repealing Council Directives 90/385/EEC and 93/42/EEC (OJ L 117, 5.5.2017, p. 1). 52 Regulation (EU) 2017/745 of the European Parliament and of the Council of 5 April 2017 on medical devices, amending Directive 2001/83/EC, Regulation (EC) No 178/2002 and Regulation (EC) No 1223/2009 and repealing Council Directives 90/385/EEC and 93/42/EEC (OJ L 117, 5.5.2017, p. 1).

53 Regulation (EU) 2017/746 of the European Parliament and of the Council of 5 April 2017 on in vitro diagnostic medical devices and repealing Directive 98/79/EC and Commission Decision 2010/227/EU (OJ L 117, 5.5.2017, p. 176). 53 Regulation (EU) 2017/746 of the European Parliament and of the Council of 5 April 2017 on in vitro diagnostic medical devices and repealing Directive 98/79/EC and Commission Decision 2010/227/EU (OJ L 117, 5.5.2017, p. 176).

53a Regulation (EU) No 609/2013 of the European Parliament and of the Council of 12 June 2013 on food intended for infants and young children, food for special medical purposes, and total diet replacement for weight control and repealing Council Directive 92/52/EEC, Commission Directives 96/8/EC, 1999/21/EC, 2006/125/EC and 2006/141/EC, Directive 2009/39/EC of the European Parliament and of the Council and Commission Regulations (EC) No 41/2009 and (EC) No 953/2009 (OJ L 181, 29.6.2013).

Or. {EN}en Amendment 13 Proposal for a regulation Recital 29

Text proposed by the Commission Amendment

(29) In order to prevent barriers to the internal market and ensure the efficient implementation of the obligations, economic operators should ensure that the plastic part of each unit of packaging contains a certain minimum percentage of recycled content recovered from post-consumer plastic waste.

(29) In order to prevent barriers to the internal market and ensure the efficient implementation of the obligations, economic operators should ensure that plastic packaging contains a certain minimum percentage of recycled content recovered from post-consumer plastic waste calculated as an average of the plastic packaging placed by a producer on the Union market. This provision should not apply to food or feed contact plastic packaging in those cases when the recycled content risks affecting human and animal health and/or compromising the organoleptic characteristics of products. Or. {EN}en Amendment 14 Proposal for a regulation Recital 31

Text proposed by the Commission Amendment

(31) In order to ensure uniform conditions for the implementation of the rules on calculating and verifying, per unit of post-consumer plastic waste in packaging, the share of recycled content recovered from post-consumer plastic waste present and establishing the format for technical documentation, the Commission should be empowered to adopt implementing provisions, in accordance with Article 5 of Regulation (EU) No 182/2011 of the European Parliament and of the Council55 .

(31) In order to ensure uniform conditions for the implementation of the rules on calculation and verification of the share of recycled content recovered from post-consumer plastic waste present and establishing the format for technical documentation, the Commission should be empowered to adopt implementing provisions, in accordance with Article 5 of Regulation (EU) No 182/2011 of the European Parliament and of the Council55 . 55 Regulation (EU) No 182/2011 of the European Parliament and of the Council of 16 February 2011 laying down the rules and general principles concerning mechanisms for control by Member States of the Commission’s exercise of implementing powers (OJ L 55, 28.2.2011, p. 13).

55 Regulation (EU) No 182/2011 of the European Parliament and of the Council of 16 February 2011 laying down the rules and general principles concerning mechanisms for control by Member States of the Commission’s exercise of implementing powers (OJ L 55, 28.2.2011, p. 13). Or. {EN}en Amendment 15 Proposal for a regulation Recital 36 Text proposed by the Commission Amendment

Furthermore, where appropriate waste collection schemes and waste treatment infrastructures are available in a Member State, there should be a limited flexibility in deciding whether to mandate the use of compostable plastics for lightweight plastic carrier bags on its territory. In order to avoid consumer confusion about the correct disposal and considering the environmental benefit of circularity of the carbon, all other plastic packaging should go into material recycling and the design of such packaging should ensure that it does not affect the recyclability of other waste streams.

(36) For limited packaging applications made of biodegradable plastic polymers, there is a demonstrable environmental benefit of using compostable packaging, which enters composting plants, including anaerobic digestion facilities under controlled conditions. Furthermore, where appropriate waste collection schemes and waste treatment infrastructures are available in a Member State, there should be a limited flexibility in deciding whether to mandate the use of compostable plastics for lightweight plastic carrier bags on its territory.

In order to avoid consumer confusion about the correct disposal and considering the environmental benefit of circularity of the carbon, all other plastic packaging should go into material recycling and the design of such packaging should ensure that it does not affect the recyclability of other waste streams. In addition, biodegradable waste should not interfere with biodegradation processes and lead to contamination of the compost. In fact, while European standard EN 13423:2000 applies to industrially compostable packaging, no standard is foreseen for home compost since the conditions for the latter can differ significantly. Or.

{EN}en Amendment 16 Proposal for a regulation Recital 40 Text proposed by the Commission Amendment

(40) Packaging should be designed so as to minimise its volume and weight while maintaining its ability to perform the packaging functions. The manufacturer of packaging should assess the packaging against the performance criteria, as listed in Annex IV of this Regulation. In view of the objective of this Regulation to reduce packaging and packaging waste generation and to improve circularity of packaging across the internal market, it is appropriate to further specify the existing criteria and to make them more stringent.

The list of the packaging performance criteria, as listed in the existing harmonised standard EN 13428:200057 , should therefore be modified. While marketing and consumer acceptance remain relevant for packaging design, they should not be part of performance criteria justifying on their own additional packaging weight and volume. However, this should not compromise product specifications for craft and industrial products and food and agricultural products that are registered and protected under the EU geographical indication protection scheme, as part of the Union’s objective to protect cultural heritage and traditional know-how.

On the other hand, recyclability, the use of recycled content, and re-use may justify additional packaging weight or volume, and should be added to the performance criteria. Packaging with double walls, false bottoms and other characteristics only aimed to increase the perceived product volume should not be placed on the market, as it does not meet the requirement for packaging minimisation. The same rule should apply to superfluous packaging not necessary for ensuring packaging functionality.

(40) Packaging should be designed so as to minimise its volume and weight while maintaining its ability to perform the packaging functions, including those referred to in Article 3(1) of this Regulation, and without compromising the need for a high standard of quality and recognition and respect of intellectual property rights. The manufacturer of packaging should assess the packaging against the performance criteria, as listed in Annex IV of this Regulation. In view of the objective of this Regulation to reduce packaging and packaging waste generation and to improve circularity of packaging across the internal market, it is appropriate to further specify the existing criteria and to make them more stringent.

The list of the packaging performance criteria, as listed in the existing harmonised standard EN 13428:200057 , should therefore be modified. While marketing and consumer acceptance remain relevant for packaging presentation, design, and differentiation functionality, they should not be the main performance criteria justifying on their own additional packaging weight and volume.

However, as set out in Article 9 of this Regulation, this should not compromise product or packaging specifications designs or shapes for craft and industrial products and food, wine, spirit drinks, other alcoholic beverages and agricultural products which are registered EU geographical indications, or otherwise protected by Union intellectual property law or agreements between the EU and third countries which recognise products of a distinctive origin, as part of the Union’s objective to protect intellectual property, cultural heritage and traditional, artisanal or of rural origin know-how. On the other hand, recyclability, the use of recycled content, and re-use may justify additional packaging weight or volume, and should be added to the performance criteria.

Packaging with double walls, false bottoms and other characteristics only aimed to increase the perceived product volume should not be placed on the market, as it does not meet the requirement for packaging minimisation. The same rule should apply to superfluous packaging not necessary for ensuring packaging functionality. 57 Packaging – Requirements specific to manufacturing and composition – Prevention by source reduction. 57 Packaging – Requirements specific to manufacturing and composition – Prevention by source reduction. Or. {EN}en Amendment 17 Proposal for a regulation Recital 42

Text proposed by the Commission Amendment

(42) In order to facilitate conformity assessment with requirements on packaging minimisation, it is necessary to provide presumption of conformity for packaging which is in conformity with harmonised standards adopted in accordance with Regulation (EU) No 1025/2012 for the purpose of expressing detailed technical specifications of those requirements and specify measurable design criteria, including where appropriate, maximum weight or empty space limits for specific packaging formats as well as by-default, standardised packaging designs that comply with the packaging minimisation requirement.

Packaging design and minimisation should not compromise the requirements specified under EU rules on food contact materials and they should not affect the organoleptic properties of food. Or. {EN}en Amendment 18 Proposal for a regulation Recital 43 Text proposed by the Commission Amendment

(43) To promote the circularity and sustainable use of packaging, reusable packaging and systems for re-use should be incentivised.

For that purpose, it is necessary to clarify the notion of reusable packaging and to ensure that it is linked not only to the packaging design, which should enable a maximum number of trips or rotations and maintaining the safety, quality and hygiene requirements when being emptied, unloaded, refilled or reloaded, but also to the setting up of systems for re-use respecting minimum requirements as set out in this Regulation.

In order to facilitate conformity assessment with requirements on reusable packaging, it is necessary to provide for presumption of conformity for packaging which is in conformity with harmonised standards adopted in accordance with Regulation (EU) No 1025/2012 for the purpose of expressing detailed technical specifications of those requirements and define reusable packaging criteria and formats, including minimum number of trips or rotations, standardised designs, as well as requirements for systems for re-use, including hygiene requirements.

(43) To promote the circularity and sustainable use of packaging, reusable packaging and systems for re-use should be incentivised without prejudice to Article 4(2) of Directive 2008/98/EC and where re-use does not pose risks to the quality of food and/or compromises its organoleptic properties. For that purpose, it is necessary to clarify the notion of reusable packaging and to ensure that it is linked not only to the packaging design, which should enable a maximum number of trips or rotations and maintaining the safety, quality and hygiene requirements when being emptied, unloaded, refilled or reloaded, but also to the setting up of systems for re-use respecting minimum requirements as set out in this Regulation.

The Commission should produce a risk assessment of the implementation of reusable packaging vis-à-vis EU water management strategy and European water waste reduction targets. Or. {EN}en Amendment 19 Proposal for a regulation Recital 47

Text proposed by the Commission Amendment

(47) In order to inform end-users about reusability, availability of systems for re-use and location of collection points as regards reusable packaging, such packaging should bear a QR code or other data carrier that provides such information. The QR code should also facilitate tracking and the calculation of trips and rotations. In addition, reusable sales packaging should be clearly identified at the point of sale. In case of packaging used for foodstuffs, the introduction of a QR code or other data on recyclability should be clearly distinguishable and should not affect the provision of nutrition information on packaging as set out in Regulation (EU) No 1169/2011 on the provision of food information to consumers57a.

57a Regulation (EU) No 1169/2011 of the European Parliament and of the Council of 25 October 2011 on the provision of food information to consumers, amending Regulations (EC) No 1924/2006 and (EC) No 1925/2006 of the European Parliament and of the Council, and repealing Commission Directive 87/250/EEC, Council Directive 90/496/EEC, Commission Directive 1999/10/EC, Directive 2000/13/EC of the European Parliament and of the Council, Commission Directives 2002/67/EC and 2008/5/EC and Commission Regulation (EC) No 608/2004 (OJ L 304, 22.11.2011).

Or. {EN}en Amendment 20 Proposal for a regulation Recital 60

Text proposed by the Commission Amendment

(60) The problem of excessive packaging waste generation cannot be fully addressed by setting obligations on packaging design. For certain packaging types, obligations to reduce the empty space should be set on economic operators in terms of reducing the empty space when using such packaging. In case of grouped, transport and e-commerce packaging used for supply of products to final distributors or end user, the empty space ration should not exceed 40 %. In line with the waste hierarchy, it should be possible for economic operators using sales packaging as e-commerce packaging to be exempted from this obligation. (60) The problem of excessive packaging waste generation cannot be fully addressed by setting obligations on packaging design.

For certain packaging types, obligations to reduce the empty space should be set on economic operators in terms of reducing the empty space when using such packaging. In case of grouped, transport and e-commerce packaging used for supply of products to final distributors or end user, the empty space ration should not exceed 40 %, unless, in case of foodstuffs, such obligation risks exposing products to physical shocks therefore compromising their quality and generating food waste. In line with the waste hierarchy, it should be possible for economic operators using sales packaging as e-commerce packaging to be exempted from this obligation. Or.

{EN}en Amendment 21 Proposal for a regulation Recital 61 Text proposed by the Commission Amendment

(61) In order to ensure a high level of environmental protection in the internal market as well as a high level of food safety and hygiene, and facilitate the achievement of the packaging waste prevention targets, unnecessary or avoidable packaging should not be allowed to be placed on the market. The list of such packaging formats is provided in Annex V of this Regulation. In order to adapt the list to the technical and scientific progress the power to adopt acts in accordance with Article 290 of the Treaty should be delegated to the Commission to amend the list.

(61) In order to ensure a high level of environmental protection in the internal market as well as a high level of food safety and hygiene, and facilitate the achievement of the packaging waste prevention targets, unnecessary or avoidable packaging should not be allowed to be placed on the market, unless, in case of foodstuffs, packaging is needed as a barrier against microbiological degradation, oxygen or loss of aromas to preserve the composition and organoleptic properties of products, as well as to ensure protection from mechanical damage, therefore increasing the shelf life of products, especially in case of products from agricultural production. The list of such packaging formats is provided in Annex V of this Regulation.

In order to adapt the list to the technical and scientific progress the power to adopt acts in accordance with Article 290 of the Treaty should be delegated to the Commission to amend the list. Or. {EN}en Amendment 22 Proposal for a regulation Recital 63

Text proposed by the Commission Amendment

(63) Reusable packaging has to be safe for its users. Therefore, economic operators offering their products in reusable packaging have to ensure that, before a reusable packaging is used again, it is subject to a reconditioning process, for which requirements should be laid down.

(63) Reusable packaging has to be safe for its users and should guarantee that the organoleptic characteristics and conformity requirements of foodstuffs are not compromised. Therefore, economic operators offering their products in reusable packaging have to ensure that, before a reusable packaging is used again, it is subject to a reconditioning process, for which requirements should be laid down. Or. {EN}en Amendment 23 Proposal for a regulation Recital 67

Text proposed by the Commission Amendment

(67) In order to reduce the increasing proportion of packaging that is single use and the growing amounts of packaging waste generated, it is necessary to establish quantitative re-use and refill targets on packaging in sectors, which have been assessed as having the greatest potential for packaging waste reduction, namely food and beverages for take-away, large-white goods and transport packaging. This was appraised based on factors such as existing systems for re-use, necessity of using packaging and the possibility of fulfilling the functional requirements in terms of containment, tidiness, health, hygiene and safety. Differences of the products and their production and distribution systems, were also taken into account.

The setting of the targets is expected to support the innovation and increase the proportion of re-use and refill solutions. The use of single use packaging for food and beverages filled and consumed within the premises in the HORECA sector should not be allowed. (67) In order to reduce the increasing proportion of packaging that is single use and the growing amounts of packaging waste generated, it is necessary to establish quantitative re-use and refill targets on packaging in sectors, which have been assessed as having the greatest potential for packaging waste reduction, namely food and beverages for take-away, large-white goods and transport packaging.

This was appraised based on factors such as existing systems for re-use, necessity of using packaging and the possibility of fulfilling the functional requirements in terms of containment, tidiness, health, hygiene and safety. Differences of the products and their production and distribution systems, were also taken into account. The setting of the targets is expected to support the innovation and increase the proportion of re-use and refill solutions. The use of single use packaging for food and beverages filled and consumed within the premises in the HORECA sector should be limited to those products for which the preservation of their organoleptic properties cannot be guaranteed through re-use and refill. Or.

{EN}en Amendment 24 Proposal for a regulation Recital 69 Text proposed by the Commission Amendment

(69) Certain uses of single use transport packaging formats are not necessary, as there is a wide range of well-functioning reusable alternatives.

In order to ensure that such alternatives are effectively used, it is appropriate to require economic operators, when transporting products between different sites of the same economic operator or between the economic operator and the linked or partner enterprises, to use only reusable transport packaging with respect to packaging formats such as pallets, foldable plastic boxes, plastic crates, intermediate bulk containers, both rigid and flexible, or drums. The same obligation should, for the same reasons, apply to economic operators transporting products within one Member State. (69) Certain uses of single use transport packaging formats are not necessary, as there is a wide range of well-functioning reusable alternatives.

Pursuant to Article 4(2) of Directive 2008/98/EC, exceptions must be possible if, according to a life cycle assessment, the use of easily recyclable single-use packaging is more suitable than the use of reusable packaging, in particular in the transport of agri-food products. Or. {EN}en Amendment 25 Proposal for a regulation Recital 70 Text proposed by the Commission Amendment

(70) Achieving re-use and refill targets can be challenging for smaller economic operators.

Therefore, certain economic operators should be exempted from the obligation to meet the packaging re-use targets if they place less than a certain volume of packaging on the market, or fulfil the definition of micro-company under Commission Recommendation 2003/36160 , or have the sales area, including all storage and dispatch areas, under a certain surface limit. The power to adopt acts in accordance with Article 290 of the Treaty should be delegated to the Commission to establish re-use and refill targets for other products, to lay down further exemptions for other economic operators or to exempt specific packaging formats covered by the reuse or refill targets in case of severe hygiene, food safety or environmental issues preventing the achievement of these targets.

(70) Achieving re-use and refill targets can be challenging for smaller economic operators. Therefore, certain economic operators should be exempted from the obligation to meet the packaging re-use targets if they place less than a certain volume of packaging on the market, or fulfil the definition of micro-company under Commission Recommendation 2003/36160 , or have the sales area, including all storage and dispatch areas, under a certain surface limit, or in case of farms and agricultural businesses that carry out direct sales activities in farmers' markets regulated by national or regional law.

The power to adopt acts in accordance with Article 290 of the Treaty should be delegated to the Commission to establish re-use and refill targets for other products, to lay down further exemptions for other economic operators or to exempt specific packaging formats covered by the reuse or refill targets in case of severe hygiene, food safety or environmental issues preventing the achievement of these targets. Such delegated act should lay down the requirements for the preparation of life cycle assessments according to which exemptions from the obligation to reusable packaging pursuant to Article 4(2) of Directive 2008/98/EC can be justified.

60 Commission Recommendation of 6 May 2003 concerning the definition of micro, small and medium-sized enterprises (notified under document number C(2003) 1422) (OJ L 124, 20.5.2003, p. 36). 60 Commission Recommendation of 6 May 2003 concerning the definition of micro, small and medium-sized enterprises (notified under document number C(2003) 1422) (OJ L 124, 20.5.2003, p. 36). Or. {EN}en Amendment 26 Proposal for a regulation Recital 84

Text proposed by the Commission Amendment

(84) Waste management in the Union should be improved, with a view to protecting, preserving and improving the quality of the environment, protecting human health, ensuring prudent efficient and rational utilisation of natural resources, promoting the principles of the circular economy, enhancing the use of renewable energy, increasing energy efficiency, reducing the dependence of the Union on imported resources, providing new economic opportunities and contributing to long-term competitiveness. The more efficient use of resources would also bring substantial net savings for Union businesses, public authorities and consumers, while reducing total annual greenhouse gas emissions.

(84) Waste management in the Union should be improved, with a view to protecting, preserving and improving the quality of the environment, protecting human health, ensuring prudent efficient and rational utilisation of natural resources, promoting the principles of the circular economy, enhancing the use of renewable energy, increasing energy efficiency, reducing the dependence of the Union on imported resources, contributing to food security in the EU, providing new economic opportunities and contributing to long-term competitiveness. The more efficient use of resources would also bring substantial net savings for Union businesses, public authorities and consumers, while reducing total annual greenhouse gas emissions. Or.

{EN}en Amendment 27 Proposal for a regulation Recital 90 Text proposed by the Commission Amendment

(90) Waste prevention is the most efficient way to improve resource efficiency and to reduce the environmental impact of waste. It is important therefore that economic operators take appropriate measures to reduce the waste generation by eliminating excessive packaging and restrict the uses of certain packaging formats, extending the life span of packaging, re-designing products so that no packaging or less packaging can be used, including bulk sales, and by shifting from single use packaging to reusable packaging.

Measures aimed at reducing waste generation should also contribute to the achievement of EU food waste reduction targets therefore refraining from imposing packaging requirements that negatively affect the preservation of organoleptic properties and the shelf life of foodstuff. Or. {EN}en Amendment 28 Proposal for a regulation Recital 104

Text proposed by the Commission Amendment

(104) Given the nature of the products and the differences in their production and distribution systems, deposit and return systems should however not be obligatory for packaging for wine, aromatised wine products, spirit drinks and milk and milk products listed in Part XVI of Annex I of the Regulation (EU) No 1308/2013 of the European Parliament and of the Council67 . Member States may establish deposit and return systems covering also other packaging.

(104) Given the nature of the products and the differences in their production and distribution systems, deposit and return systems should however not apply to packaging for wine, aromatised wine products, spirit drinks and milk and milk products listed in Part XVI of Annex I of the Regulation (EU) No 1308/2013 of the European Parliament and of the Council67 . 67 Regulation (EU) No 1308/2013 of the European Parliament and of the Council of 17 December 2013 establishing a common organisation of the markets in agricultural products and repealing Council Regulations (EEC) No 922/72, (EEC) No 234/79, (EC) No 1037/2001 and (EC) No 1234/2007 (OJ L 347, 20.12.2013, p. 671).

67 Regulation (EU) No 1308/2013 of the European Parliament and of the Council of 17 December 2013 establishing a common organisation of the markets in agricultural products and repealing Council Regulations (EEC) No 922/72, (EEC) No 234/79, (EC) No 1037/2001 and (EC) No 1234/2007 (OJ L 347, 20.12.2013, p. 671). Or. {EN}en Amendment 29 Proposal for a regulation Recital 108 Text proposed by the Commission Amendment

(108) As a specific packaging waste generation prevention measure, Member States should actively encourage the re-use and refill solutions.

They should support the establishment of systems for re-use and refill and monitor their functioning and compliance with the hygiene standards. Member States are encouraged to take also other measures, such as setting up deposit and return systems covering reusable packaging formats, using economic incentives or establishing requirements for final distributors to make available a certain percentage of other products than those covered by re-use and refill targets in reusable packaging or through refill provided that such requirements will not result in fragmentation of single market and creation of trade barriers.

(108) As a specific packaging waste generation prevention measure, Member States should actively encourage the re-use and refill solutions, where economically feasible, taking into account food specificities and unless the use of easily recyclable single-use packaging is shown to be the best option according to a life cycle assessment. They should support the establishment of systems for re-use and refill and monitor their functioning and compliance with the hygiene standards.

Member States are encouraged to take also other measures, such as setting up deposit and return systems covering reusable packaging formats, using economic incentives or establishing requirements for final distributors to make available a certain percentage of other products than those covered by re-use and refill targets in reusable packaging or through refill provided that such requirements will not result in fragmentation of single market and creation of trade barriers. Or. {EN}en Amendment 30 Proposal for a regulation Recital 117

Text proposed by the Commission Amendment

(117) Producers and producer responsibility organisations should be actively involved in providing information to end users, in particular consumers, on prevention and management of packaging waste. This information should include availability of re-use arrangements for packaging, meaning of labels displayed on packaging and other instructions on the discarding of packaging waste. The producers should also inform that end users have an important role in ensuring an environmentally optimal management of packaging waste. The disclosure of information to all end users as well as reporting on packaging should make use of modern information technologies.

The information should be provided either by classical means, such as posters both indoors and outdoors and social media campaigns, or by more innovative means, such as electronic access to websites provided by QR codes affixed to the packaging. (117) Producers and producer responsibility organisations should be actively involved in providing information to end users, in particular consumers, on prevention and management of packaging waste. This information should include availability of re-use arrangements for packaging, meaning of labels displayed on packaging and other instructions on the discarding of packaging waste. The producers should also inform that end users have an important role in ensuring an environmentally optimal management of packaging waste.

The disclosure of information to all end users as well as reporting on packaging should make use of modern information technologies and should not negatively impact on other labelling requirements and the provision of food information to consumers under EU law. The information should be provided either by classical means, such as posters both indoors and outdoors and social media campaigns, or by more innovative means, such as electronic access to websites provided by QR codes affixed to the packaging. Or. {EN}en Amendment 31 Proposal for a regulation Recital 136 Text proposed by the Commission Amendment

(136) The Commission should carry out an evaluation of this Regulation.

Pursuant to paragraph 22 of the Inter-institutional Agreement on Better Law-Making, that evaluation should be based on the five criteria of efficiency, effectiveness, relevance, coherence and Union value added and should provide the basis for impact assessments of possible further measures. The Commission should submit to the European Parliament, to the Council, the European Economic and Social Committee, and to the Committee of the Regions a report on the implementation of this Regulation and its impact on the environmental sustainability of packaging and the functioning of the internal market. (136) The Commission should carry out an evaluation of this Regulation.

Pursuant to paragraph 22 of the Inter-institutional Agreement on Better Law-Making, that evaluation should be based on the five criteria of efficiency, effectiveness, relevance, coherence and Union value added and should provide the basis for impact assessments of possible further measures. The evaluation should have a dedicated part to, inter alia, the impact of this Regulation on the agri-food system. The Commission should submit to the European Parliament, to the Council, the European Economic and Social Committee, and to the Committee of the Regions a report on the implementation of this Regulation and its impact on the environmental sustainability of packaging and the functioning of the internal market. Or.

{EN}en Amendment 32 Proposal for a regulation Recital 137 Text proposed by the Commission Amendment

(137) It is necessary to provide for sufficient time for economic operators to comply with their obligations under this Regulation, and for Member States to set up the administrative infrastructure necessary for its application. The application of this Regulation should therefore also be deferred to a date where those preparations can reasonably be finalised.

Particular attention should be paid to facilitate compliance by SMEs with their obligations and requirements under this Regulation, including through guidance to be provided by the Commission to facilitate compliance by economic operators, with a focus on SMEs. (137) It is necessary to provide for sufficient time for economic and businesses operators to adapt to the requirements established by this Regulation, and for Member States to set up the administrative infrastructure necessary for its application. The application of this Regulation should therefore also be deferred to a date where those preparations can reasonably be finalised.

(21a) ‘recycling’ means any physical and/or chemical process used to transform a waste material into recycled products, materials or substances in line with Article 3 of Directive 2008/98/EC; Or. {EN}en Amendment 34 Proposal for a regulation Article 3 – paragraph 1 – point 24 a (new) Text proposed by the Commission Amendment (24a) ‘traceability’ means the ability to trace and follow a material or article through all stages of manufacture, processing and distribution;

Or. {EN}en Amendment 35 Proposal for a regulation Article 3 – paragraph 1 – point 41

Text proposed by the Commission Amendment

(41) ‘compostable packaging’ means packaging capable of undergoing physical, chemical, thermal or biological decomposition 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 industrially controlled conditions;

(41) ‘compostable packaging’ means packaging capable of undergoing physical, chemical, thermal or biological decomposition 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 quality of the compost in line with European standard EN 13432:2000 or separate collection and the composting process or activity into which it is introduced in industrially controlled conditions; Or. {EN}en Amendment 36 Proposal for a regulation Article 3 – paragraph 1 – point 56 a (new)

Text proposed by the Commission Amendment (56a) ‘shelf-life’ means either the period corresponding to the period preceding the ‘use by’ or the minimum durability date until which the foodstuff retains its specific properties when properly stored; Or. {EN}en Amendment 37 Proposal for a regulation Article 6 – paragraph 4 – subparagraph 1

Text proposed by the Commission Amendment The Commission is empowered to adopt delegated acts in accordance with Article 58 to supplement this Regulation in order to establish design for recycling criteria and recycling performance grades based on the criteria and parameters listed in Table 2 of Annex II for packaging categories listed in Table 1 of that Annex, as well as rules concerning the modulation of financial contributions to be paid by producers to comply with their extended producer responsibility obligations set out in Article 40(1), based on the packaging recycling performance grade, and for plastic packaging, the percentage of recycled content. Design-for-recycling criteria shall consider state of the art collection, sorting and recycling processes and shall cover all packaging components.

The Commission is empowered to adopt delegated acts in accordance with Article 58 to supplement this Regulation in order to establish design for recycling criteria and recycling performance grades based on the criteria and parameters listed in Table 2 of Annex II for packaging categories listed in Table 1 of that Annex, as well as rules concerning the modulation of financial contributions to be paid by producers to comply with their extended producer responsibility obligations set out in Article 40(1), based on the packaging recycling performance grade, and for plastic packaging, the percentage of recycled content.

Design-for-recycling criteria shall consider state of the art collection, sorting and recycling processes ensuring that packaging is able to perform its functions as outlined in Article 3(1) and covers all packaging components. Or. {EN}en Amendment 38 Proposal for a regulation Article 6 – paragraph 10 – introductory part

Text proposed by the Commission

Amendment

10Until 31 December 2034, this Article shall not apply to the following:

10This Article shall not apply to the following:

Or. {EN}en Amendment 39 Proposal for a regulation Article 6 – paragraph 10 – point b a (new)

Text proposed by the Commission Amendment

(ba) contact sensitive plastic packaging of medical devices covered by Regulation (EU) 2019/6; Or. {EN}en Amendment 40 Proposal for a regulation Article 6 – paragraph 10 – point c a (new) Text proposed by the Commission Amendment

(ca) items that are sold along with the product with the objective to be used for the application or dispensing of the product by the end user and will therefore be in contact with the products covered under points (a), (b), (ba) or (c); Or. {EN}en Amendment 41 Proposal for a regulation Article 6 – paragraph 10 – point c b (new)

Text proposed by the Commission Amendment

(cb) packaging for food intended for special medicinal purposes and vulnerable groups such as infants and young children as defined in Article 1, point (a), (b) and (c) of Regulation (EU) No 609/2013. Or. {EN}en Amendment 42 Proposal for a regulation Article 7 – paragraph 1 – introductory part

Text proposed by the Commission

Amendment

1From 1 January 2030, the plastic part in packaging shall contain the following minimum percentage of recycled content recovered from post-consumer plastic waste, per unit of packaging:

1From 1 January 2030, plastic packaging shall contain the following minimum percentage of recycled content recovered from post-consumer plastic waste:

Or. {EN}en Amendment 43 Proposal for a regulation Article 7 – paragraph 1 – point a Text proposed by the Commission Amendment

(a) 30 % for contact sensitive packaging made from polyethylene terephthalate (PET) as the major component;

(a) 30 % for contact sensitive plastic packaging made from polyethylene terephthalate (PET) as the major component; Or. {EN}en Amendment 44 Proposal for a regulation Article 7 – paragraph 1 – point b

Text proposed by the Commission Amendment

(b) 10 % for contact sensitive packaging made from plastic materials other than PET, except single use plastic beverage bottles;

(b) 10 % for contact sensitive plastic packaging made from plastic materials other than PET, except single use plastic beverage bottles; Or. {EN}en Amendment 45 Proposal for a regulation Article 7 – paragraph 1 – subparagraph 1 (new) Text proposed by the Commission Amendment

Targets shall be calculated as an average of the plastic packaging placed by a producer on the Union market. Or. {EN}en Amendment 46 Proposal for a regulation Article 7 – paragraph 2 – introductory part

Text proposed by the Commission

Amendment

2From 1 January 2040, the plastic part in packaging shall contain the following minimum percentage of recycled content recovered from post-consumer plastic waste, per unit of packaging:

2From 1 January 2040, plastic packaging shall contain the following minimum percentage of recycled content recovered from post-consumer plastic waste:

Or. {EN}en Amendment 47 Proposal for a regulation Article 7 – paragraph 2 – subparagraph 1 (new) Text proposed by the Commission Amendment Targets shall be calculated as an average of the plastic packaging placed by a producer on the Union market. Or. {EN}en Amendment 48 Proposal for a regulation Article 7 – paragraph 3 – point d a (new) Text proposed by the Commission Amendment

(da) items that are sold along with the product with the objective to be used for the application or dispensing of the product by the end user and will therefore be in contact with the products covered under point (a), (b), (ba) or (c); Or. {EN}en Amendment 49 Proposal for a regulation Article 7 – paragraph 3 – point d b (new) Text proposed by the Commission Amendment

(db) packaging for food intended for special medicinal purposes and vulnerable groups such as infants and young children as defined in Article 1, point (a), (b) and (c) of Regulation (EU) No 609/2013. Or. {EN}en Amendment 50 Proposal for a regulation Article 7 – paragraph 4 a (new) Text proposed by the Commission Amendment

4a. Paragraphs 1 and 2 should not apply to plastic packaging intended to come into contact with food or feed in case the amount of recycled content poses threat to human and animal health and risks compromising the organoleptic properties and compliance requirement of products. Or. {EN}en Amendment 51 Proposal for a regulation Article 7 – paragraph 7 Text proposed by the Commission Amendment

7By 31 December 2026, the Commission is empowered to adopt implementing acts establishing the methodology for the calculation and verification of the percentage of recycled content recovered from post-consumer plastic waste, per unit of plastic packaging, and the format for the technical documentation referred to in Annex VII. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 59(3).

7By 31 December 2026, the Commission is empowered to adopt implementing acts establishing the methodology for the calculation and verification of the percentage of recycled content recovered from post-consumer plastic waste, and the format for the technical documentation referred to in Annex VII. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 59(3).

Or. {EN}en Amendment 52 Proposal for a regulation Article 7 – paragraph 9 – subparagraph 1 a (new) Text proposed by the Commission Amendment

By 31 December 2035, the Commission shall assess the need for derogations from the minimum percentage laid down in paragraph 2, points a, b and c for specific plastic packaging, or for the revision of the derogation established under paragraph 3 for specific plastic packaging. Or. {EN}en Amendment 53 Proposal for a regulation Article 7 – paragraph 9 – subparagraph 1 b (new) Text proposed by the Commission Amendment

These assessments shall be based on market availability and prices of recycled plastics on an annual basis from the year of entry into force of this Regulation. These assessments shall consider Eurostat data for the EU-27 achieved plastic packaging recycling levels, recycled plastic price indices and annual rates of price change based on a monitoring tool to be established by the European Commission, and be based on the uptake of new recycling technologies and their impact on available market volumes.

Or. {EN}en Amendment 54 Proposal for a regulation Article 7 – paragraph 9 – subparagraph 2 – introductory part

Text proposed by the Commission Amendment Based on this assessment, the Commission is empowered to adopt delegated acts in accordance with Article 58 to amend this Regulation in order to: Based on these assessments, the Commission is empowered to adopt delegated acts in accordance with Article 58 to amend this Regulation in order to:

Or. {EN}en Amendment 55 Proposal for a regulation Article 7 – paragraph 9 – subparagraph 2 – point a

Text proposed by the Commission Amendment

(a) provide for derogations from the scope, timing or level of minimum percentage laid down in paragraph 1, points b and d, for specific plastic packaging, and, as appropriate,

(a) provide for derogations from the scope, timing or level of minimum percentage laid down in paragraph 1, points a, b and d, and/or in paragraph 2, points a, b and c for specific plastic packaging, and, as appropriate, Or. {EN}en Amendment 56 Proposal for a regulation Article 7 – paragraph 9 –subparagraph 3

Text proposed by the Commission Amendment where suitable recycling technologies to recycle plastic packaging are not available because they are not authorised under the relevant Union rules or are not sufficiently installed in practice. where suitable recycling technologies to recycle plastic packaging are not available because they are not authorised under the relevant Union rules or are not sufficiently installed in practice or where there is no sufficient availability of recycled plastic on the market suitable for contact with food.

Or. {EN}en Amendment 57 Proposal for a regulation Article 8 – paragraph 1 Text proposed by the Commission Amendment

1By [OP: please insert the date = 24 months from the entry into force of this Regulation], packaging referred to in Article 3(1), points (f) and (g), sticky labels attached to fruit and vegetables and very lightweight plastic carrier bags shall be compostable in industrially controlled conditions in bio-waste treatment facilities.

1By [OP: please insert the date = 72 months from the entry into force of this Regulation], packaging referred to in Article 3(1), points (f) and (g), sticky labels attached to fruit and vegetables and very lightweight plastic carrier bags shall be compostable in industrially controlled conditions in bio-waste treatment facilities.

Or. {EN}en Amendment 58 Proposal for a regulation Article 8 – paragraph 1 a (new) Text proposed by the Commission Amendment

1a. Paragraph 1 should only apply in those situations where the introduction of packaging as referred to in that paragraph into the organic waste management stream does not affect the quality of compost according to standard EN 13432:2000 or poses contamination risks. Or. {EN}en Amendment 59 Proposal for a regulation Article 9 – paragraph 1

Text proposed by the Commission

Amendment

1Packaging shall be designed so that its weight and volume is reduced to the minimum necessary for ensuring its functionality taking account of the material that the packaging is made of.

1Packaging shall be designed so that its weight and volume is reduced to the minimum necessary for ensuring its functionality taking account of:

(a) the material that the packaging is made of;

(b) a particular shape or design protected by intellectual property rights, to help distinguish and protect a product, and

(c) the preservation of a high standard of quality to ensure the safety of the consumer and to protect the reputation of geographical indications and other products of distinctive origin protected under Union law. Or. {EN}en Amendment 60 Proposal for a regulation Article 9 – paragraph 2 Text proposed by the Commission Amendment

2Packaging not necessary to comply with any of the performance criteria set out in Annex IV and packaging with characteristics that are only aimed to increase the perceived volume of the product, including double walls, false bottoms, and unnecessary layers, shall not be placed on the market, unless the product or packaging design is subject to intellectual property protection, or the product benefits from the Union's geographical indications of origin protection which apply to EU and third country geographical indications registered in the Union, or the product has been given distinctive product recognition by the Union, and in each case is protected under Union legislation.

Or. {EN}en Amendment 61 Proposal for a regulation Article 9 – paragraph 2 a (new)

Text proposed by the Commission Amendment 2a. Paragraphs 1 and 2 should apply without detriment to packaging used for agri-food products to preserve the organoleptic characteristics of foodstuffs and protect products from physical shocks. Or. {EN}en Amendment 62 Proposal for a regulation Article 9 – paragraph 4 – subparagraph 1 – point b

Text proposed by the Commission Amendment

(b) the identification of the design requirements which prevent further reduction of the packaging weight or volume, for each of these performance criteria;

(b) the identification of the design requirements including those linked to intellectual property, which prevent further reduction of the packaging weight or volume, for each of these performance criteria; Or. {EN}en Amendment 63 Proposal for a regulation Article 10 – paragraph 1 – point f

Text proposed by the Commission Amendment

(f) it can be emptied, unloaded, refilled or reloaded while maintaining the quality and safety of the packaged product and allowing for the attachment of labelling, and the provision of information on the properties of that product and on the packaging itself, including any relevant instructions and information for ensuring safety, adequate use, traceability and shelf-life of the product;

(f) it can be emptied, unloaded, refilled or reloaded while maintaining the quality and safety of the packaged product, including its organoleptic properties in case of foodstuffs, and allowing for the attachment of labelling, and the provision of information on the properties of that product and on the packaging itself, including any relevant instructions and information for ensuring safety, adequate use, traceability and shelf-life of the product; Or. {EN}en Amendment 64 Proposal for a regulation Article 11 – paragraph 7

Text proposed by the Commission

Amendment

7Without prejudice to requirements concerning other harmonised EU labels, economic operators shall not provide or display labels, marks, symbols or inscriptions that are likely to mislead or confuse consumers or other end users with respect to the sustainability requirements for packaging, other packaging characteristics or packaging waste management options, for which harmonised labelling has been laid down in this Regulation. For packaging used for foodstuffs, the introduction of a QR code or other data on recyclability should be clearly distinguishable and do not affect the provision of nutrition information on packaging, especially in light of the provisions on packaging minimisation referred to in Article 9.

Or. {EN}en Amendment 65 Proposal for a regulation Article 22 – paragraph 3

Text proposed by the Commission

Amendment

3Member States may exempt economic operators from point 3 of Annex V if they comply with the definition of micro-company in accordance with rules set out in the Commission Recommendation 2003/361, as applicable on [OP: Please insert the date = the date of entry into force of this Regulation], and where it is not technically feasible not to use packaging or to obtain access to infrastructure that is necessary for the functioning of a reuse system.

3Member States may exempt economic operators from point 3 of Annex V if they comply with the definition of micro-company in accordance with rules set out in the Commission Recommendation 2003/361, as applicable on [OP: Please insert the date = the date of entry into force of this Regulation], as well as farms and agricultural businesses that carry out direct sales activities in farmers’ markets regulated by national or regional law, and where it is not technically feasible not to use packaging or to obtain access to infrastructure that is necessary for the functioning of a reuse system.

Or. {EN}en Amendment 66 Proposal for a regulation Article 26 – paragraph 1

Text proposed by the Commission

Amendment

1From 1 January 2030, economic operators making large household appliances listed in point 2 of Annex II to Directive 2012/19/EU available on the market for the first time within the territory of a Member State shall ensure that 90 % of those products are made available in reusable transport packaging within a system for re-use.

1From 1 January 2030, economic operators making large household appliances listed in point 1 of Annex II to Directive 2012/19/EU available on the market for the first time within the territory of a Member State shall ensure that 90 % of those products are made available in reusable transport packaging within a system for re-use.

Or. {EN}en Amendment 67 Proposal for a regulation Article 26 – paragraph 4 a (new) Text proposed by the Commission Amendment

4a. Paragraphs 2, 3 and 4 should not apply to economic operators identified in paragraph 3 of Article 22. Or. {EN}en Amendment 68 Proposal for a regulation Article 26 – paragraph 5

Text proposed by the Commission

Amendment

5The manufacturer and the final distributor making available on the market within the territory of a Member State in sales packaging alcoholic beverages in the form of wine, with the exception of sparkling wine, shall ensure that:

deleted

(a) from 1 January 2030, 5 % of those products are made available in reusable packaging within a system for re-use or by enabling refill;

(b) from 1 January 2040, 15 % of those products are made available in reusable packaging within a system for re-use or by enabling refill. Or. {EN}en Amendment 69 Proposal for a regulation Article 26 – paragraph 6 – introductory part Text proposed by the Commission Amendment

6The manufacturer and the final distributor making available on the market within the territory of a Member State in sales packaging non-alcoholic beverages in the form of water, water with added sugar, water with other sweetening matter, flavoured water, soft drinks, soda lemonade, iced tea and similar beverages which are immediately ready to drink, pure juice, juice or must of fruits or vegetables and smoothies without milk and non-alcoholic beverages containing milk fat, shall ensure that:

6The manufacturer and the final distributor making available on the market within the territory of a Member State in sales packaging non-alcoholic beverages in the form of water, water with added sugar, water with other sweetening matter, flavoured water, soft drinks, soda lemonade, iced tea and similar beverages which are immediately ready to drink, and non-alcoholic beverages containing milk fat, shall ensure that:

Or. {EN}en Amendment 70 Proposal for a regulation Article 26 – paragraph 7 – introductory part Text proposed by the Commission Amendment

7Economic operators using transport packaging in the form of pallets, plastic crates, foldable plastic boxes, pails and drums for the conveyance or packaging of products in conditions other than provided for under paragraphs 12 and 13 shall ensure that:

Or. {EN}en Amendment 71 Proposal for a regulation Article 26 – paragraph 7 – subparagraph 1 (new) Text proposed by the Commission Amendment

This obligation does not apply to food businesses as defined in Article 3, point (2), of Regulation (EC) No 178/2002, which are engaged in logistics and wholesale B2B distribution and large scale industrial production and processing. Or. {EN}en Amendment 72 Proposal for a regulation Article 26 – paragraph 12 – subparagraph 2

Text proposed by the Commission Amendment This obligation applies to pallets, boxes, excluding cardboard, trays, plastic crates, intermediate bulk containers, drums and canisters, of all sizes and materials, including flexible formats. This obligation applies to pallets, boxes, excluding cardboard, trays, plastic crates, intermediate bulk containers, drums and canisters, of all sizes and materials not in direct contact with food, including flexible formats.

Or. {EN}en Amendment 73 Proposal for a regulation Article 26 – paragraph 13 – subparagraph 2

Text proposed by the Commission Amendment This obligation applies to pallets, boxes, excluding cardboard, plastic crates intermediate bulk containers, and drums, of all sizes and materials, including flexible formats. This obligation applies to pallets, boxes, excluding cardboard, plastic crates intermediate bulk containers, and drums, of all sizes and materials not in direct contact with food, including flexible formats.

Or. {EN}en Amendment 74 Proposal for a regulation Article 26 – paragraph 14 a (new) Text proposed by the Commission Amendment

14a. Economic operators shall also be exempted from the obligation to meet the targets in paragraphs 7, 12 and 13 in the event that transport packaging placed on the market is manufactured with fully recycled and recyclable raw materials and in the event that such economic operators have adopted, individually or collectively, a waste management system that enables the collection and initiation to recycling of packaging at the end of its life in compliance with the minimum recycling targets foreseen under current legislation.

Or. {EN}en Amendment 75 Proposal for a regulation Article 26 – paragraph 16 – point c

Text proposed by the Commission Amendment

(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 environmental issues preventing the achievement of those targets.

(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, food security or environmental issues preventing the achievement of those targets. Or. {EN}en Amendment 76 Proposal for a regulation Article 44 – paragraph 2 – point b

Text proposed by the Commission Amendment

(b) milk and milk products listed in Part XVI of Annex I to Regulation (EU) No 1308/2013.

(b) milk and milk products listed in Part XVI of Annex I to Regulation (EU) No 1308/2013; Or. {EN}en Amendment 77 Proposal for a regulation Article 44 – paragraph 2 – point b a (new) Text proposed by the Commission Amendment

(ba) olive oil; Or. {EN}en Amendment 78 Proposal for a regulation Article 44 – paragraph 2 – point b b (new) Text proposed by the Commission Amendment

(bb) food intended for special medicinal purposes and vulnerable groups such as infants and young children as defined in Article 1, point (a), (b) and (c) of Regulation (EU) No 609/2013. Or. {EN}en Amendment 79 Proposal for a regulation Annex I – paragraph 6

Text proposed by the Commission Amendment Flower pots intended to be used only for the selling and transporting of plants and not intended to stay with the plant throughout its life time Transport trays and carry packs for flower pots intended to be used only for the selling and transporting of plants Or. {EN}en Amendment 80 Proposal for a regulation Annex I – paragraph 15

Text proposed by the Commission Amendment Flower pots intended to stay with the plant throughout its life time Flower pots, including directly fillable bedding packs, used throughout different stages of production or intended to be sold with the plant Or. {EN}en Amendment 81 Proposal for a regulation Annex III – paragraph 1 – point c

Text proposed by the Commission Amendment

(c) it is of biodegradable nature allowing the packaging to undergo physical, chemical, thermal or biological decomposition, including anaerobic digestion, resulting ultimately in conversion into carbon dioxide or methane, in the absence of oxygen, mineral salts, biomass and water, in line with standard EN 13432:2000; Or. {EN}en Amendment 82 Proposal for a regulation Annex III – paragraph 1 – point e

Text proposed by the Commission Amendment

(e) its use significantly reduces the contamination of compost with non-compostable packaging; and

(e) its use significantly reduces the contamination of compost with non-compostable packaging and does not cause any problems in biowaste processing; and Or. {EN}en Amendment 83 Proposal for a regulation Annex IV – Part I – point 6

Text proposed by the Commission

Amendment

6Legal requirements: the packaging design shall ensure that the packaging and packaged product can comply with the applicable legislation. 6.

Legal requirements: the packaging design shall ensure that the packaging and packaged product can comply with the applicable legislation and relevant intellectual property rights. Or. {EN}en Amendment 84 Proposal for a regulation Annex V – point 2 Text proposed by the Commission Single use plastic packaging, single use composite packaging or other single use packaging for fresh fruit and vegetables Single use packaging for less than 1.5 kg fresh fruit and vegetables, unless there is a demonstrated need to avoid water loss or turgidity loss, microbiological hazards or physical shocks. Nets, bags, trays, containers Amendment deleted deleted deleted Or.

{EN}en Amendment 85 Proposal for a regulation Annex V – point 3 Text proposed by the Commission Single use plastic, single use composite packaging or other single use packaging Single use packaging for foods and beverages filled and consumed within the premises in the HORECA sector, which include all eating area inside and outside a place of business, covered with tables and stools, standing areas, and eating areas offered to the end users jointly by several economic operators or third party for the purpose of food and drinks consumption.

Trays, disposable plates and cups, bags, foil, boxes Amendment Single use plastic, single use composite packaging or other single use packaging Single use packaging for foods cooked, prepared and consumed and beverages filled and consumed within the premises in the HORECA sector, which include all eating area inside and outside a place of business, covered with tables and stools, standing areas, and eating areas offered to the end users jointly by several economic operators or third party for the purpose of food and drinks consumption. Trays, disposable plates and cups, bags, foil, boxes Or.

{EN}en Amendment 86 Proposal for a regulation Annex V – point 4 Text proposed by the Commission Single use packaging for condiments, preserves, sauces, coffee creamer, sugar, and seasoning in HORECA sector Single use packaging in the HORECA sector, containing individual portions or servings, used for condiments, preserves, sauces, coffee creamer, sugar and seasoning, except such packaging provided together with take-away ready-prepared food intended for immediate consumption without the need of any further preparation Sachets, tubs, trays, boxes Amendment Single use packaging for condiments, preserves, sauces, coffee creamer, sugar, and seasoning in HORECA sector Single use packaging in the HORECA sector, containing individual portions or servings, used for condiments, sauces, coffee creamer, sugar and seasoning, except such packaging provided together with take-away ready-prepared food intended for immediate consumption without the need of any further preparation Sachets, tubs, trays, boxes

Or. food intended for immediate consumption without the need of any further preparation

Sachets, tubs, trays, boxes Or. {EN}en </RepeatBlock-Amend>