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

European Union · EU:ITRE-PA-746712

Authoritative source — the official register ↗.

European Parliament 2019-2024 {ITRE}Committee on Industry, Research and Energy 2022/0396 (COD) {25/04/2023}25.4.2023

DRAFT OPINION

of the Committee on Industry, Research and Energy 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: Patrizia Toia PA_Legam

SHORT JUSTIFICATION

On the date that the draft opinion was tabled, the competences of the ITRE Committee were not yet clear.

It may therefore be necessary to revise some of the proposals or to supplement them further. The ITRE rapporteur’s proposals Innovative packaging – the rapporteur proposes that the definition be tightened and that the derogation from recyclability obligations be extended from the five years proposed by the Commission to seven years. Free movement – to prevent the fragmentation of the single market that this proposal for a Regulation seeks to create, individual Member States should not be able to introduce additional packaging labelling requirements. Delegation of powers to the Commission – the proposal for a regulation delegates power to the Commission on a number of multi-faceted aspects.

The rapporteur believes that European standardisation bodies (CEN) should be tasked with setting the design for recycling criteria. By contrast, the co-legislators should revise the restrictions on the uses of certain packaging and, therefore, the ordinary legislative procedure should be applied for that task. Recycled content requirements – while the rapporteur agrees with the level of ambition set in the Commission proposal and the proposed recycled content targets, businesses must be given not only clarity on how long it will take for technical and secondary legislation and common standards to be established, but also a clear timeframe within which they will be expected to comply with the recycled content targets.

The rapporteur therefore proposes that deadlines be introduced for the adoption of delegated and implementing acts and CEN standards, and that companies be given five years to comply with them. Secondly, the rapporteur takes the view that recycled content requirements should be set as an average of the entire portfolio of each producer rather than on the individual packaging unit, and that non-structural packaging elements, such as adhesives, inks and coatings, should not be subject to those requirements. Lastly, preference systems in access to recycled material should be introduced for operators who have to meet recycled content requirements for the packaging that they place on the market.

Infrastructure – as it stands, it is not possible for all sorting infrastructure for packaging waste everywhere to sort all types of packaging, even for some of the types for which the Commission proposal is proposing recycled content requirements. Investment in infrastructure development therefore needs to be stepped up. What is more, it is important to ensure that contributions paid by operators under extended producer responsibility schemes are channelled primarily into the development of collection, sorting and recycling infrastructure.

Packaging forum – the rapporteur is calling for the establishment of a consultative forum in which Member States’ representatives and all relevant stakeholders can participate in a balanced manner and in which they can help to shape the delegated and implementing acts. This idea mirrors what the Commission itself proposed in the proposal for an ecodesign regulation. Restrictions on the uses of certain packaging formats – the rapporteur believes that some of the restrictions proposed by the Commission would not necessarily have environmental benefits and that they concern products that are currently recyclable and recycled and should therefore be removed.

Re-use targets – the rapporteur agrees with the overall structure of the Commission proposal and acknowledges the value that reusing certain packaging could have in some sectors and applications. However, more ambitious reuse targets for 2040 should only be set once a thorough life-cycle analysis of the solutions available has been carried out, taking account of health, hygiene and safety requirements. Application of the re-use targets set for 2030 should also be subject to a prior analysis of that kind and be limited to Member States that have not achieved 90 % separate collection.

The rapporteur welcomes the derogation introduced by the Commission for operators with a sales area of no more than 100 m², including storage and shipping areas, but believes that, to better reflect small businesses’ circumstances, that figure should be increased to 200 m². Separate collection and deposit and return schemes – with a view to ensuring that recycled material is available for use in other packaging, the rapporteur proposes that a separate collection target of 90 % of all packaging waste be introduced for 2030. Similarly, the requisite collection infrastructure should be established both in public spaces and at final distributors’ premises. Deposit schemes are a tool available to Member States to help them to meet the separate collection and recycling targets.

AMENDMENTS

The Committee on Industry, Research and Energy 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 2 Text proposed by the Commission Amendment

(2) In addition, packaging uses high amounts of virgin materials (40 % of plastics and 50 % of paper use in the Union is for packaging) and represents 36 % of municipal solid waste30 . High and constantly growing levels of packaging generated as well as low levels of re-use and poor recycling, present significant barriers to achieving a low-carbon circular economy.

For these reasons, this Regulation should establish rules over the entire life-cycle of packaging contributing to the efficient functioning of the internal market by harmonising national measures, while preventing and reducing the adverse impacts of packaging and packaging waste on the environment and human health. By laying measures in line with the hierarchy of waste, it should contribute to the transition to a circular economy. (2) In addition, packaging uses high amounts of virgin materials (40 % of plastics and 50 % of paper use in the Union is for packaging) and represents 36 % of municipal solid waste30 .

High and constantly growing levels of packaging generated as well as low levels of re-use, collection and poor recycling, present significant barriers to achieving a low-carbon circular economy. For these reasons, this Regulation should establish rules over the entire life-cycle of packaging contributing to the efficient functioning of the internal market by harmonising national measures, while preventing and reducing the adverse impacts of packaging and packaging waste on the environment and human health. By laying measures in line with the hierarchy of waste, it should contribute to the transition to a circular economy.

30 Eurostat, Packaging waste statistics: https://ec.europa.eu/eurostat/statistics-explained/index.php?title=Packaging_waste_statistics 30 Eurostat, Packaging waste statistics: https://ec.europa.eu/eurostat/statistics-explained/index.php?title=Packaging_waste_statistics Or. {EN}en Amendment 2 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.

(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. At the same time it noted that hygiene and food safety standards have to be respected.

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

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

Or. {EN}en Amendment 3 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.

(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. In addition, it stressed that food safety or hygiene standards must not be compromised.

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

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

Or. {EN}en Amendment 4 Proposal for a regulation Recital 12

Text proposed by the Commission Amendment

(12) In line with the waste hierarchy set out in Article 4(2) of Directive 2008/98/EC, and in line with life-cycle thinking to deliver the best overall environmental outcome, the measures provided for under this Regulation aim at reducing the amount of packaging placed on the market in terms of its volume and weight, and preventing the generation of packaging waste, especially through packaging minimisation, avoiding packaging where it is not needed, and increased re-use of packaging.

In addition, the measures aim at increasing the use of recycled content in packaging, especially in plastic packaging where the uptake of recycled content is very low, as well as higher recycling rates for all packaging and high quality of the resulting secondary raw materials while reducing other forms of recovery and final disposal.

(12) In line with the waste hierarchy set out in Article 4(2) of Directive 2008/98/EC, and in line with life-cycle thinking to deliver the best overall environmental outcome, the measures provided for under this Regulation aim at reducing the amount of packaging placed on the market in terms of its volume and weight, and preventing the generation of packaging waste, especially through packaging minimisation, avoiding packaging where it is not needed, and increased re-use of packaging when it can be demonstrated that re-usable packaging achieves an increase in net environmental benefits compared to single-use packaging.

In addition, the measures aim at increasing the use of recycled content in packaging, especially in plastic packaging where the uptake of recycled content is very low, as well as higher recycling rates for all packaging and high quality of the resulting secondary raw materials while reducing other forms of recovery and final disposal. Or. {EN}en Amendment 5 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.

(13) Packaging should be designed, manufactured and commercialised in such a way as to allow for its re-use or high-quality recycling, in all its forms, and to minimise its impact on the environment during its entire life-cycle and the life cycle of products, for which it was designed. Or. {EN}en Amendment 6 Proposal for a regulation Recital 22

Text proposed by the Commission Amendment

(22) In order to establish harmonised rules on packaging design to ensure its recyclability, the power to adopt delegated acts should be delegated to the Commission to set out detailed criteria for packaging design for recycling per packaging materials and categories, as well as for the assessment of the packaging recyclability at scale including for categories of packaging not listed in this Regulation. In order to give economic operators and Member States sufficient time to collect and report the necessary data to establish the “at scale” recycling methodology, the manufacturers should ensure that packaging is recycled at scale as of 2035.

That should ensure that packaging complies with the design for recycling criteria, and is also recycled in practice on the basis of the state of the art processes for separate collection, sorting and recycling. (22) In order to establish harmonised rules on packaging design to ensure its recyclability, the Commission should request the CEN-European Committee for Standardisation to set out detailed criteria for packaging design for recycling per packaging materials and categories, and the power to adopt delegated acts should be delegated to the Commission for the assessment of the packaging recyclability at scale including for categories of packaging not listed in this Regulation.

In order to give economic operators and Member States sufficient time to collect and report the necessary data to establish the “at scale” recycling methodology, the manufacturers should ensure that packaging is recycled at scale as of 2035. That should ensure that packaging complies with the design for recycling criteria, and is also recycled in practice on the basis of the state of the art processes for separate collection, sorting and recycling. Or. {EN}en Amendment 7 Proposal for a regulation Recital 23

Text proposed by the Commission Amendment

(23) In order to stimulate innovation in packaging, it is appropriate to allow that packaging, which presents innovative features resulting in significant improvement in the core function of packaging and has demonstrable environmental benefits, is given limited additional time of five years to comply with the recyclability requirements. The innovative features should be explained in the technical documentation accompanying the packaging.

(23) In order to stimulate innovation in packaging, it is appropriate to allow that packaging, which presents innovative features resulting in significant improvement in the core function of packaging and has demonstrable environmental benefits, is given limited additional time of seven years to comply with the recyclability requirements. The innovative features should be explained in the technical documentation accompanying the packaging. Or. {EN}en Amendment 8 Proposal for a regulation Recital 25

Text proposed by the Commission Amendment

(25) Some Member States are taking action to encourage recyclability of packaging through modulation of extended producer responsibility fees; such initiatives taken at the national level may create regulatory uncertainty for the economic operators, in particular where they supply packaging in several Member States. At the same time, modulation of extended producer responsibility fees is an effective economic instrument to incentivise more sustainable packaging design leading to better recyclable packaging while improving the functioning of the internal market.

It is therefore necessary to harmonise criteria for the modulation of extended producer responsibility fees based on the recyclability performance grade obtained through recyclability assessment, while not setting the actual amounts of such fees. As the criteria should be related to the criteria on packaging recyclability, it is appropriate to empower the Commission to adopt such harmonised criteria at the same time as establishing the detailed design for recycling criteria per packaging categories.

(25) Some Member States are taking action to encourage recyclability of packaging through modulation of extended producer responsibility fees; such initiatives taken at the national level may create regulatory uncertainty for the economic operators, in particular where they supply packaging in several Member States. At the same time, modulation of extended producer responsibility fees is an effective economic instrument to incentivise more sustainable packaging design leading to better recyclable packaging while improving the functioning of the internal market.

It is therefore necessary to harmonise criteria for the modulation of extended producer responsibility fees based on the recyclability performance grade obtained through recyclability assessment, while not setting the actual amounts of such fees, and to ensure that such fees are earmarked to finance the net cost of collection, sorting and recycling of packaging. As the criteria should be related to the criteria on packaging recyclability, it is appropriate to empower the Commission to adopt such harmonised criteria at the same time as establishing the detailed design for recycling criteria per packaging categories. Or. {EN}en Amendment 9 Proposal for a regulation Recital 26 a (new)

Text proposed by the Commission Amendment (26a) Low uptake of secondary material by economic operators can be caused by a structural imbalance of the market, whereby the supply of the recycled material cannot meet the demand. This can occur due to insufficient waste collection for recycling and sorting, or by the material being locked into applications which cannot be recycled, including applications beyond the scope of this legislation. Meanwhile, as a principle, any recycled content obligations should be accompanied with enablers. One such enabler should be, where technically feasible, the prioritization of closed-loop recycling, whereby producers obliged with recycled content targets benefit from preferential access to the material derived from their effectively recycled packaging. Closed-loop recycling would stimulate the supply for a secondary material market, reduce foreign dependencies and incentivise design for recycling and recyclability.

Or. {EN}en Amendment 10 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, as an average of their portfolio of plastic packaging placed on the Union market. Or. {EN}en Amendment 11 Proposal for a regulation Recital 30

Text proposed by the Commission Amendment

(30) There should be an incentive for economic operators to increase the recycled content in the plastic part of packaging. The most appropriate means to achieve this is to ensure the modulation of extended producer responsibility fees based on the percentage of recycled content in packaging. The fee modulation should be based on common rules for the calculation and verification of the recycled content contained in such packaging.

(30) There should be an incentive for economic operators to increase the recycled content in plastic packaging. The most appropriate means to achieve this is to ensure the modulation of extended producer responsibility fees based on the percentage of recycled content in plastic packaging. The fee modulation should be based on common rules for the calculation and verification of the recycled content contained in such packaging. Or. {EN}en Amendment 12 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 calculating and verifying post-consumer plastic waste in plastic 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 . 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 13 Proposal for a regulation Recital 35 Text proposed by the Commission Amendment

(35) The bio-waste waste stream is often contaminated with conventional plastics and the material recycling streams are often contaminated with compostable plastics. This cross-contamination leads to waste of resources, lower quality secondary raw materials and should be prevented at source.

As the proper disposal route for compostable plastic packaging is becoming increasingly confusing for consumers, it is justified and necessary to lay down clear and common rules on the use of compostable plastic packaging, mandating it only when its use brings a clear benefit for the environment or for human health. This is particularly the case when the use of compostable packaging helps collect or dispose of bio-waste. (35) The bio-waste waste stream is often contaminated with conventional plastics. This contamination leads to environmental and economic impacts and waste of resources and should be prevented at source. Mandating compostable plastic packaging for applications strictly linked to food and food waste, may help to reduce this contamination.

Therefore, it is justified and necessary to lay down clear and common rules on the use of compostable plastic packaging. This is particularly the case when the use of compostable packaging helps collect or recycle bio-waste. Or. {EN}en Amendment 14 Proposal for a regulation Recital 36 Text proposed by the Commission Amendment

(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.

(36) There is a demonstrable environmental benefit of using compostable packaging for specific packaging applications, in particular those strictly linked to food and food waste, 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 as required by article 22 of Directive 2008/98, there should be 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 not labelled as compostable should go into material recycling. Or. {EN}en Amendment 15 Proposal for a regulation Recital 38

Text proposed by the Commission Amendment

(38) In order to facilitate conformity assessment with requirements on compostable packaging, it is necessary to provide for presumption of conformity for compostable packaging which is in conformity with harmonised standards adopted in accordance with Regulation (EU) No 1025/2012 of the European Parliament and of the Council56 for the purpose of expressing detailed technical specifications of those requirements and take into account, in line with the latest scientific and technological developments, the parameters, including composting times and admissible levels of contamination, which reflect the actual conditions in bio-waste treatment facilities, including anaerobic digestion processes.

(38) In order to facilitate conformity assessment with requirements on compostable packaging, it is necessary to provide for presumption of conformity for compostable packaging which is in conformity with harmonised standards adopted in accordance with Regulation (EU) No 1025/2012 of the European Parliament and of the Council56 for the purpose of expressing detailed technical specifications of those requirements and take into account, in line with the latest scientific and technological developments, the parameters, including quality of the output, proper processing times and admissible levels of contamination.

56 Regulation (EU) No 1025/2012 of the European Parliament and of the Council of 25 October 2012 on European standardisation, amending Council Directives 89/686/EEC and 93/15/EEC and Directives 94/9/EC, 94/25/EC, 95/16/EC, 97/23/EC, 98/34/EC, 2004/22/EC, 2007/23/EC, 2009/23/EC and 2009/105/EC of the European Parliament and of the Council and repealing Council Decision 87/95/EEC and Decision No 1673/2006/EC of the European Parliament and of the Council Text with EEA relevance (OJ L 316, 14.11.2012, p. 12).

56 Regulation (EU) No 1025/2012 of the European Parliament and of the Council of 25 October 2012 on European standardisation, amending Council Directives 89/686/EEC and 93/15/EEC and Directives 94/9/EC, 94/25/EC, 95/16/EC, 97/23/EC, 98/34/EC, 2004/22/EC, 2007/23/EC, 2009/23/EC and 2009/105/EC of the European Parliament and of the Council and repealing Council Decision 87/95/EEC and Decision No 1673/2006/EC of the European Parliament and of the Council Text with EEA relevance (OJ L 316, 14.11.2012, p. 12). Or. {EN}en Amendment 16 Proposal for a regulation Recital 45

Text proposed by the Commission Amendment

(45) To facilitate consumers in the sorting and disposing of packaging waste, a system of harmonised symbols should be introduced and required to be placed both on packaging and on waste receptacles, thus allowing consumers to match the symbols for the purposes of disposal. The symbols should enable appropriate waste management as it should provide consumers with information about the composting properties of such packaging, in particular to avoid consumer confusion that compostable packaging is not as such suitable for home-composting.

This approach should improve the separate collection of packaging waste, leading to higher quality recycling of packaging waste, and introduce a level of harmonisation of the packaging waste collection systems on the internal market. It is also necessary to harmonise symbols associated with the mandatory deposit and return systems. Considering that it is not collected through municipal waste collection systems, the use of those symbols should not be mandatory for transport packaging with the exception of the e-commerce packaging.

(45) To facilitate consumers in the sorting and disposing of packaging waste, a system of harmonised symbols should be introduced and required to be placed both on packaging and on waste receptacles, thus allowing consumers to match the symbols for the purposes of disposal. The symbols should enable appropriate waste management as it should provide consumers with information about the composting properties of such packaging, in particular to avoid consumer confusion that compostable packaging is not as such suitable for home-composting. This approach should improve the separate collection of packaging waste, leading to higher quality recycling of packaging waste, and introduce a level of harmonisation of the packaging waste collection systems on the internal market.

It is also necessary to harmonise symbols associated with deposit and return systems. Considering that it is not collected through municipal waste collection systems, the use of those symbols should not be mandatory for transport packaging with the exception of the e-commerce packaging. Or. {EN}en Amendment 17 Proposal for a regulation Recital 50 a (new) Text proposed by the Commission Amendment

(50a) An expert group should be set up with a balanced participation of Member States’ representatives and all interested parties involved with packaging, such as waste treatment industry representatives, manufacturers and packaging suppliers, distributers, retailers, importers, SMEs59a, environmental protection groups and consumer organisations. This group should be referred to as the “Packaging Forum” and it should contribute in particular to preparing, developing and further detailing the sustainability requirements, examining the effectiveness of the established market surveillance mechanisms and assessing any self-regulatory measures.

59a As defined in Commission Recommendation of 6 May 2003 concerning the definition of micro, small and medium-sized enterprises (OJ L 124, 20.5.2003, p. 36) Or. {EN}en Amendment 18 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. The list of such packaging formats is provided in Annex V of this Regulation. Or. {EN}en Justification Any further restrictions to placing on the market certain packaging formats should be decided by the co-legislators Amendment 19 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.

The introduction of quantitative re-use and refill targets should be done when they represent the best environmental option considering the whole life cycle of packaging, and should be based on proper impact assessments considering 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, should also be taken into account. The setting of the targets is expected to support the innovation and increase the proportion of re-use and refill solutions. Or.

{EN}en Amendment 20 Proposal for a regulation Recital 101

Text proposed by the Commission Amendment

(101) Member States should also take measures promoting recycling which meets the quality standards for the use of the recycled materials in relevant sectors. This obligation is particularly relevant in view of minimum percentage set for recycled content in plastic packaging.

(101) Member States should also take measures promoting recycling in all its forms which meets the quality standards for the use of the recycled materials in relevant sectors. This obligation is particularly relevant in view of minimum percentage set for recycled content in plastic packaging. Or. {EN}en Amendment 21 Proposal for a regulation Recital 101 a (new)

Text proposed by the Commission Amendment (101a) The separate collection of packaging is the first step to ensure recycling, and to establish a strong Union market for secondary raw materials. The establishment of mandatory collection obligations is an incentive to develop efficient and targeted collection systems at national level, and thus increase the quantity of waste sorted and recycled at scale.

Or. {EN}en Amendment 22 Proposal for a regulation Recital 102 Text proposed by the Commission Amendment

(102) It has been shown that well-functioning deposit and return systems ensure a very high collection rate, especially of beverage bottles and cans.

In order to support the achievement of the separate collection target for single use plastic beverage bottles laid down in Directive (EU) 2019/904 and to further drive high collection rates of metal beverages containers, it is appropriate that Member States establish deposit and return systems. Those systems will contribute to the increase of the supply of good quality secondary raw material suitable for closed loop recycling and reduce beverage containers litter. (102) It has been shown that well-functioning deposit and return systems ensure a very high collection rate, especially of beverage bottles and cans.

In order to support the achievement of the separate collection target for single use plastic beverage bottles laid down in Directive (EU) 2019/904 and to further drive high collection rates of metal beverages containers, Member States should consider establishing deposit and return systems. Those systems would contribute to the increase of the supply of good quality secondary raw material suitable for closed loop recycling and reduce beverage containers litter. Or. {EN}en Amendment 23 Proposal for a regulation Recital 103 Text proposed by the Commission Amendment

(103) Deposit and return systems should be obligatory for single use plastic beverage bottles and metal beverage containers.

Member States might also decide to include other packaging in these systems, in particular single use glass bottles, and should ensure that deposit and return systems for single-use packaging formats, in particular for single use glass beverage bottles, are equally available for reusable packaging, where technically and economically feasible. They should consider establishing deposit and return systems also for reusable packaging. In such situations, a Member State should be allowed, while observing the general rules laid down in the Treaty and complying with the provisions set out in this Regulation, adopt provisions which go beyond the minimum requirements set out in this Regulation.

(103) Deposit and return systems could be introduced for single use plastic beverage bottles, metal beverage containers, single use glass bottles, beverage cartons and for reusable packaging in order to achieve 90% collection rate. In such situations, a Member State should be allowed, while observing the general rules laid down in the Treaty and complying with the provisions set out in this Regulation, adopt provisions which go beyond the minimum requirements set out in this Regulation. Or. {EN}en Amendment 24 Proposal for a regulation Recital 117 a (new) Text proposed by the Commission Amendment

(117a) Separate collection out of homes is an important enabler for the increase of packaging collection rates, supporting packaging circularity. Member States should take specific measures to facilitate separate out-of-home collection. Or. {EN}en Amendment 25 Proposal for a regulation Article 3 – paragraph 1 – point 37

Text proposed by the Commission Amendment

(37) ‘innovative packaging’ means a form of packaging that is manufactured using new materials, design or production processes, resulting in a significant improvement in the functions of packaging, such as containment, protection, handling, delivery or presentation of products, and in demonstrable environmental benefits, with the exception of packaging that is the result of modification of existing packaging for the sole purpose of improved presentation of products and marketing;

(37) ‘innovative packaging’ means a form of packaging that is manufactured using new and innovative materials and polymers, design or production processes, resulting in a significant improvement in the functions of packaging, such as containment, protection, handling, delivery or presentation of products, and in demonstrable environmental benefits, such as in end-of-life treatment, with the exception of packaging that is the result of modification of existing packaging for the sole purpose of improved presentation of products and marketing; Or. {EN}en Amendment 26 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, and does not hinder the separate collection and the composting process or activity into which it is introduced in industrially controlled conditions, in accordance with European harmonised standards for packaging recoverable through composting and anaerobic digestion; Or. {EN}en Amendment 27 Proposal for a regulation Article 4 – paragraph 5

Text proposed by the Commission Amendment

deleted Or. {EN}en Justification This provision risks jeopardizing the Single Market imagined via the proposed Regulation Amendment 28 Proposal for a regulation Article 5 – paragraph 4 Text proposed by the Commission Amendment

Or. {EN}en Amendment 29 Proposal for a regulation Article 6 – paragraph 2 – subparagraph 2

Text proposed by the Commission Amendment Point (a) shall apply from 1 January 2030 and point (e) shall apply from 1 January 2035. Point (a) shall apply 5 years after the date of entry into force of the delegated act referred to in paragraph 4 and no earlier than 1 January 2030. Point (e) shall apply 5 years after the date of entry into force of the delegated act referred to in paragraph 6 and no earlier than 5 years after the application of point (a).

Or. {EN}en Justification A clear timeframe for the adoption of the delegated or implementing acts as well as of the CEN standards is needed. Additionally, a predefined period of time should be given to economic operators to comply with them. Amendment 30 Proposal for a regulation Article 6 – paragraph 3

Text proposed by the Commission

Amendment

Or. {EN}en Justification A clear timeframe for the adoption of the delegated or implementing acts as well as of the CEN standards is needed. Additionally, a predefined period of time should be given to economic operators to comply with them. Amendment 31 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 shall request the CEN-European Committee for Standardisation, to develop, at the latest by 31 December 2026, harmonised standards 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. Or. {EN}en Justification A clear timeframe for the adoption of the delegated or implementing acts as well as of the CEN standards is needed.

Additionally, a predefined period of time should be given to economic operators to comply with them.The original structure of the paragraph as proposed by the Commission is now split in two subparagraphs in order to better reflect the two different proposed procedures: CEN standard for design for recycling criteria, on the one hand, and delegated act for the modulation of EPR fees, on the other.

Amendment 32 Proposal for a regulation Article 6 – paragraph 4 – subparagraph 1 a (new) 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 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.

Or. {EN}en Justification A clear timeframe for the adoption of the delegated or implementing acts as well as of the CEN standards is needed. Additionally, a predefined period of time should be given to economic operators to comply with them.The original structure of the paragraph as proposed by the Commission is now split in two subparagraphs in order to better reflect the two different proposed procedures: CEN standard for design for recycling criteria, on the one hand, and delegated act for the modulation of EPR fees, on the other.

Amendment 33 Proposal for a regulation Article 6 – paragraph 5 – subparagraph 1

Text proposed by the Commission Amendment From 1 January 2030, packaging shall not be considered recyclable if it corresponds to performance grade E under the design for recycling criteria established in the delegated act adopted pursuant to paragraph 4 for the packaging category, to which the packaging belongs.

Five years after the publication in the Official Journal of the European Union of the harmonised standard developed by CEN-European Committee for Standardisation laying down design for recycling criteria pursuant to paragraph 4 and no earlier than 1 January 2030, packaging shall not be considered recyclable if it corresponds to performance grade E under the design for recycling criteria established in those standards for the packaging category, to which the packaging belongs.

Or. {EN}en Justification A clear timeframe for the adoption of the delegated or implementing acts as well as of the CEN standards is needed. Additionally, a predefined period of time should be given to economic operators to comply with them. Amendment 34 Proposal for a regulation Article 6 – paragraph 6 – introductory part

Text proposed by the Commission

Amendment

Or. {EN}en Justification A clear timeframe for the adoption of the delegated or implementing acts as well as of the CEN standards is needed. Additionally, a predefined period of time should be given to economic operators to comply with them. Amendment 35 Proposal for a regulation Article 6 – paragraph 7 a (new)

Text proposed by the Commission Amendment 7a. Where technically feasible, Member States shall, especially through design of schemes established in compliance with Art. 40 and 44, prioritise recycling of recyclable packaging in closed loops, whereby producers obliged with recycled content targets benefit from preferential access to the material derived from their effectively recycled packaging.

Or. {EN}en Justification Preferential access to recycled material should be considered for economic operators subjected to recycled content obligations. Amendment 36 Proposal for a regulation Article 6 – paragraph 9 – subparagraph 1

Text proposed by the Commission Amendment From 1 January 2030, and by way of derogation from paragraphs 2 and 3, innovative packaging may be placed on the market for a maximum period of 5 years after the end of the calendar year when it has been placed on the market. From 1 January 2030, and by way of derogation from the requirements of this article, innovative packaging may be placed on the market for a maximum period of 7 years after the end of the calendar year when it has been placed on the market.

Or. {EN}en Justification More flexibility is needed for innovative packaging in order to boost research and investments in new products Amendment 37 Proposal for a regulation Article 6 – paragraph 11

Text proposed by the Commission

Amendment

Or. {EN}en Justification It is important that the financial contribution provided by packaging type producers is used to fund infrastructures for that packaging type and not infrastructures for other material type. Amendment 38 Proposal for a regulation Article 7 – paragraph 1 – introductory part

Text proposed by the Commission

Amendment

Or. {EN}en Amendment 39 Proposal for a regulation Article 7 – paragraph 1 – point d

Text proposed by the Commission Amendment

(d) 35 % for packaging other than those referred to in points (a), (b) and (c).

(d) 35 % for plastic packaging other than those referred to in points (a), (b) and (c). Or. {EN}en Amendment 40 Proposal for a regulation Article 7 – paragraph 2 – introductory part

Text proposed by the Commission

Amendment

Or. {EN}en Amendment 41 Proposal for a regulation Article 7 – paragraph 3 – point d a (new) Text proposed by the Commission Amendment

(da) polymeric materials that are not capable to function as a main structural component of final materials and products, such as polymeric coatings, paints, inks and adhesives. Or. {EN}en Amendment 42 Proposal for a regulation Article 7 – paragraph 4 a (new) Text proposed by the Commission Amendment 4a. Member States shall ensure that comprehensive collection and sorting infrastructures are in place to guarantee the availability of recycled content.

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

Or. {EN}en Amendment 44 Proposal for a regulation Article 7 – paragraph 8 a (new) Text proposed by the Commission Amendment

8a. To achieve the targets set out in paragraphs 1 and 2 of this article, producers subjected to recycled content targets shall benefit from a right of preferential access to a proportionate share of the recycled materials recovered from the pre-and post-consumer plastic waste derived from the packaging they put on the market. The schemes described in article 40, paragraph 1 and in article 44 shall be designed accordingly.

Or. {EN}en Justification Preferential access to recycled material should be considered for economic operators subjected to recycled content obligations. Amendment 45 Proposal for a regulation Article 7 – paragraph 9 – subparagraph 1

Text proposed by the Commission Amendment By 1 January 2028, the Commission shall assess the need for derogations from the minimum percentage laid down in paragraph 1, points b and d, for specific plastic packaging, or for the revision of the derogation established under paragraph 3 for specific plastic packaging.

By 31 December 2025, the Commission shall assess the need for derogations from the minimum percentage laid down in paragraph 1, points b and d, for specific plastic packaging, or for the revision of the derogation established under paragraph 3 for specific plastic packaging. Or. {EN}en Justification Sufficient notice should be given to economic operators as to whether or not they will get a derogation Amendment 46 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 Justification Sufficient notice should be given to economic operators as to whether or not they will get a derogation Amendment 47 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 b and d, and in paragraph 2, points a, b and c, for specific plastic packaging, and, as appropriate, Or. {EN}en Justification Amendment linked to the one proposed on article 7, paragraph 9, subparagraph 1 a (new) Amendment 48 Proposal for a regulation Article 8 – paragraph 1 Text proposed by the Commission Amendment

Or. {EN}en Amendment 49 Proposal for a regulation Article 8 – paragraph 2 Text proposed by the Commission Amendment

Or. {EN}en Amendment 50 Proposal for a regulation Article 8 – paragraph 3 Text proposed by the Commission Amendment

Or. {EN}en Amendment 51 Proposal for a regulation Article 8 – paragraph 5 a (new) Text proposed by the Commission Amendment

5a. The Commission shall, no later than 31 May 2026, request the European standardisation organisations to update the harmonised standard on the requirements for packaging recoverable through composting and biodegradation - test schemes and evaluation criteria. This standard shall consider the composting times, admissible levels of visual contamination and other requirements needed to reflect the actual conditions in the bio-waste treatment facilities, including anaerobic digestion processes, in line with the scientific and technological developments.

Or. {EN}en Amendment 52 Proposal for a regulation Article 11 – paragraph 1 – subparagraph 1

Text proposed by the Commission Amendment From [OP: Please insert the date = 42 months after the entry into force of this Regulation], packaging shall be marked with a label containing information on its material composition. This obligation does not apply to transport packaging. However, it applies to e-commerce packaging. 36 months after the adoption of the implementing acts referred to in paragraphs 5 and 6 packaging shall be marked with a label containing information on its material composition to facilitate consumer sorting. This obligation does not apply to transport packaging. However, it applies to e-commerce packaging.

Or. {EN}en Justification The deadline for operators is based on the date of adoption of the IA they will have to comply with and not on the entry into force of the Regulation. This will ensure certainty for operators and make sure the Commission delivers in due time Amendment 53 Proposal for a regulation Article 11 – paragraph 2

Text proposed by the Commission

Amendment

Or. {EN}en Amendment 54 Proposal for a regulation Article 11 – paragraph 6 Text proposed by the Commission Amendment

Or. {EN}en Justification The deadline for the Commission to deliver is aligned in paragraphs 5 and 6 Amendment 55 Proposal for a regulation Article 11 – paragraph 7 Text proposed by the Commission Amendment

Or. {EN}en Amendment 56 Proposal for a regulation Article 12 a (new)

Text proposed by the Commission Amendment

Article 12a — Packaging Forum

The Commission shall ensure that when it conducts its activities, it observes a balanced participation of Member States’ representatives and all interested parties involved with packaging industry, including waste treatment industry representatives, manufacturers and packaging suppliers, distributers, retailers, importers, SMEs, environmental protection groups and consumer organisations. These parties shall contribute in particular to preparing the delegated and implementing acts provided for in this Regulation to develop and further detail the sustainability requirements and examining the effectiveness of the established market surveillance mechanisms.

To that end, the Commission shall establish an expert group, in which those parties shall meet, referred to as the ‘Packaging Forum’. Or. {EN}en Amendment 57 Proposal for a regulation Article 22 – paragraph 2 Text proposed by the Commission Amendment

deleted Or. {EN}en Justification Point 3 in Annex V is deleted, therefore this derogation is no longer needed Amendment 58 Proposal for a regulation Article 22 – paragraph 3 Text proposed by the Commission Amendment

deleted Or. {EN}en Justification Point 3 in Annex V is deleted, therefore this derogation is no longer needed Amendment 59 Proposal for a regulation Article 22 – paragraph 4 Text proposed by the Commission Amendment

Or. {EN}en Justification Any further restrictions to placing on the market certain packaging formats should be decided by the co-legislators Amendment 60 Proposal for a regulation Article 26 – paragraph 1

Text proposed by the Commission

Amendment

Or. {EN}en Amendment 61 Proposal for a regulation Article 26 – paragraph 2 Text proposed by the Commission Amendment

deleted

(a) from 1 January 2030, 20 % of those beverages are made available in reusable packaging within a system for re-use or by enabling refill;

(b) from 1 January 2040, 80 % of those beverages are made available in reusable packaging within a system for re-use or by enabling refill. Or. {EN}en Amendment 62 Proposal for a regulation Article 26 – paragraph 3 Text proposed by the Commission Amendment

deleted

(a) from 1 January 2030, 10 % of those products are made available in reusable packaging within a system for re-use or by enabling refill;

(b) from 1 January 2040, 40 % of those products are made available in reusable packaging within a system for re-use or by enabling refill.

Or. {EN}en Amendment 63 Proposal for a regulation Article 26 – paragraph 4 – introductory part

Text proposed by the Commission

Amendment

Or. {EN}en Justification This amendment is meant to clarify the difference between beverages referred to in paragraphs 2 and 4 Amendment 64 Proposal for a regulation Article 26 – paragraph 4 – point b

Text proposed by the Commission Amendment

(b) from 1 January 2040, 25 % of those products are made available in reusable packaging within a system for re-use or by enabling refill. deleted Or. {EN}en Justification The definition of targets for 2040 should be subject to a life cycle assessment of the different solutions Amendment 65 Proposal for a regulation Article 26 – paragraph 5 – introductory part Text proposed by the Commission Amendment

Or. {EN}en Justification This amendment is meant to clarify the difference between beverages referred to in paragraphs 2 and 5 Amendment 66 Proposal for a regulation Article 26 – paragraph 5 – point b

Text proposed by the Commission Amendment

(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. deleted Or. {EN}en Justification The definition of targets for 2040 should be subject to a life cycle assessment of the different solutions Amendment 67 Proposal for a regulation Article 26 – paragraph 6 – introductory part Text proposed by the Commission Amendment

Or. {EN}en Justification This amendment is meant to clarify the difference between beverages referred to in paragraphs 2 and 6 Amendment 68 Proposal for a regulation Article 26 – paragraph 6 – point b

Text proposed by the Commission Amendment

(b) from 1 January 2040, 25 % of those products are made available in reusable packaging within a system for re-use or by enabling refill. deleted Or. {EN}en Justification The definition of targets for 2040 should be subject to a life cycle assessment of the different solutions Amendment 69 Proposal for a regulation Article 26 – paragraph 7 – point b

Text proposed by the Commission Amendment

(b) from 1 January 2040, 90 % of such packaging used is reusable packaging within a system for re-use. deleted Or. {EN}en Justification The definition of targets for 2040 should be subject to a life cycle assessment of the different solutions Amendment 70 Proposal for a regulation Article 26 – paragraph 8 – point b

Text proposed by the Commission Amendment

(b) from 1 January 2040, 50 % of such packaging used is reusable packaging within a system for re-use; deleted Or. {EN}en Justification The definition of targets for 2040 should be subject to a life cycle assessment of the different solutions Amendment 71 Proposal for a regulation Article 26 – paragraph 9 – point b

Text proposed by the Commission Amendment

(b) from 1 January 2040, 30 % of such packaging used for transport is reusable packaging within a system for re-use; deleted Or. {EN}en Justification The definition of targets for 2040 should be subject to a life cycle assessment of the different solutions Amendment 72 Proposal for a regulation Article 26 – paragraph 10 – introductory part Text proposed by the Commission Amendment

Or. {EN}en Justification Alignment with definition in article 3(3) Amendment 73 Proposal for a regulation Article 26 – paragraph 10 – point b

Text proposed by the Commission Amendment

(b) from 1 January 2040, 25 % of such packaging they used is reusable packaging within a system for re-use. deleted Or. {EN}en Justification The definition of targets for 2040 should be subject to a life cycle assessment of the different solutions Amendment 74 Proposal for a regulation Article 26 – paragraph 14 – introductory part Text proposed by the Commission Amendment

Or. {EN}en Amendment 75 Proposal for a regulation Article 26 – paragraph 15

Text proposed by the Commission

Amendment

Or. {EN}en Amendment 76 Proposal for a regulation Article 26 – paragraph 15 a (new) Text proposed by the Commission Amendment

15a. Economic operators shall be exempted from the obligation to meet the targets in paragraphs 2 to 6 if the use of recyclable single-use packaging within the meaning of article 6 is environmentally preferable to the use of reusable packaging on the basis of a life cycle assessment, in line with the waste hierarchy as defined in article 4 of Directive 2008/98/EC, and without prejudice to requirements on health, hygiene and safety, including product safety.

Or. {EN}en Justification The application of the targets for 2030 should be subject to a life cycle assessment of the different solutions Amendment 77 Proposal for a regulation Article 26 – paragraph 15 b (new)

Text proposed by the Commission Amendment 15b. Economic operators shall be exempted from the obligation under paragraphs 2 and 3 under the following conditions:

(a) the rate of separate collection as required under Article 43(3), (4) (4b) of the respective packaging format as reported to the Commission under Article 50(1) point (c) is above 90% by weight of such packaging placed on the market on the territory of the Member State in which they operate in the calendar years 2026 and 2027. Where such reporting has not yet been submitted to the Commission, the Member State shall provide a reasoned justification, based on validated national data, and description of the implemented measures, that the conditions for the exemption set out in this paragraph are fulfilled;

(b) at the latest 24 months before the deadline laid down in paragraphs 2 and 3 of this Article, the Member State notifies the Commission of its request for exemption and submits an implementation plan showing a strategy with concrete actions, including timeline that ensure the achievement of the 90% separate collection rate by weight of the packaging referred to in paragraph 1. Or. {EN}en Amendment 78 Proposal for a regulation Article 26 – paragraph 16 – point c a (new) Text proposed by the Commission Amendment

(ca) requirements for the preparation of a life cycle assessment to justify an exemption under paragraph 15a (new). Or. {EN}en Amendment 79 Proposal for a regulation Article 27 – paragraph 4 – subparagraph 1

Text proposed by the Commission Amendment By 31 December 2028, the Commission shall adopt implementing acts establishing detailed calculation rules and methodology regarding the targets set out in Article 26. By 31 December 2026, the Commission shall adopt implementing acts establishing detailed calculation rules and methodology regarding the targets set out in Article 26.

Or. {EN}en Amendment 80 Proposal for a regulation Article 43 – paragraph 1 Text proposed by the Commission Amendment

Or. {EN}en Amendment 81 Proposal for a regulation Article 43 – paragraph 1 a (new) Text proposed by the Commission Amendment

1a. By 2030 Member States shall ensure that a 90% target is attained for the separate collection of all packaging waste referred to in paragraph 1. Or. {EN}en Justification Separate collection of packaging waste is key to achieve a sufficient amount of recycled materials Amendment 82 Proposal for a regulation Article 43 – paragraph 4 a (new) Text proposed by the Commission Amendment

4a. A final distributor making available on the market food and beverages filled and consumed within its premises shall ensure that separate collection systems are set up for the different fractions of packaging waste materials, to help the consumer sort packaging waste by 2030. Or. {EN}en Justification Separate collection of packaging waste is key to achieve a sufficient amount of recycled materials. Infrastructure should be set up both at final distributors' level and in public spaces.

Amendment 83 Proposal for a regulation Article 43 – paragraph 5 a (new) Text proposed by the Commission Amendment

5a. Member States shall ensure that separate collection systems are set up in public spaces for the different fractions of packaging waste materials used in sales packaging in the market of food and beverages filled and consumed for take-away. Or. {EN}en Justification Separate collection of packaging waste is key to achieve a sufficient amount of recycled materials. Infrastructure should be set up both at final distributors' level and in public spaces.

Amendment 84 Proposal for a regulation Article 44 – paragraph 1 – introductory part Text proposed by the Commission Amendment

Or. {EN}en Justification DRS should be optional to achieve 90% separate collection of packaging Amendment 85 Proposal for a regulation Article 44 – paragraph 1 – point a

Text proposed by the Commission Amendment

(a) single use plastic beverage bottles with the capacity of up to three litres; and

(a) single use plastic beverage bottles with the capacity of up to three litres; Or. {EN}en Amendment 86 Proposal for a regulation Article 44 – paragraph 1 – point b a (new) Text proposed by the Commission Amendment

(ba) single use glass beverage bottles; Or. {EN}en Amendment 87 Proposal for a regulation Article 44 – paragraph 1 – point b b (new) Text proposed by the Commission Amendment

(bb) beverage cartons; and Or. {EN}en Amendment 88 Proposal for a regulation Article 44 – paragraph 1 – point b c (new) Text proposed by the Commission Amendment

(bc) reusable packaging. Or. {EN}en Amendment 89 Proposal for a regulation Article 44 – paragraph 2 – introductory part Text proposed by the Commission Amendment

Or. {EN}en Amendment 90 Proposal for a regulation Article 44 – paragraph 3 Text proposed by the Commission Amendment

deleted

(a) the rate of separate collection as required under Article 43(3) and (4) of the respective packaging format as reported to the Commission under Article 50(1) point (c) is above 90 % by weight of such packaging placed on the market on the territory of that Member State in the calendar years 2026 and 2027. Where such reporting has not yet been submitted to the Commission, the Member State shall provide a reasoned justification, based on validated national data, and description of the implemented measures, that the conditions for the exemption set out in this paragraph are fulfilled;

(b) at the latest 24 months before the deadline laid down in paragraph 1 of this Article, the Member State notifies the Commission of its request for exemption and submits an implementation plan showing a strategy with concrete actions, including timeline that ensure the achievement of the 90 % separate collection rate by weight of the packaging referred to in paragraph 1. Or. {EN}en Justification Exemption no longer needed as DRS would become optional to achieve 90% separate collection of packaging Amendment 91 Proposal for a regulation Article 44 – paragraph 4 Text proposed by the Commission Amendment

deleted Or. {EN}en Justification Provision no longer needed as DRS would become optional to achieve 90% separate collection of packaging Amendment 92 Proposal for a regulation Article 44 – paragraph 5 Text proposed by the Commission Amendment

deleted Or. {EN}en Justification Provision no longer needed as DRS would become optional to achieve 90% separate collection of packaging Amendment 93 Proposal for a regulation Article 44 – paragraph 6

Text proposed by the Commission

Amendment

deleted Or. {EN}en Justification Provision no longer needed as DRS would become optional to achieve 90% separate collection of packaging Amendment 94 Proposal for a regulation Article 44 – paragraph 9

Text proposed by the Commission

Amendment

Or. {EN}en Amendment 95 Proposal for a regulation Article 46 – paragraph 5 – point b a (new) Text proposed by the Commission Amendment

(ba) ensuring high level of waste collection rates and priority access for certain collected feedstocks to achieve close-loop recycling; Or. {EN}en Justification Preferential access to recycled material should be considered for economic operators subjected to recycled content obligations. Amendment 96 Proposal for a regulation Article 46 – paragraph 5 – point b b (new) Text proposed by the Commission Amendment

(bb) investing in collection, sorting and recycling infrastructures to ensure recycling of packaging pursuant to paragraph 2 of Article 6; Or. {EN}en Amendment 97 Proposal for a regulation Article 58 – paragraph 2 Text proposed by the Commission Amendment

Or. {EN}en Justification Any further restrictions to placing on the market certain packaging formats should be decided by the co-legislators Amendment 98 Proposal for a regulation Article 58 – paragraph 3

Text proposed by the Commission

Amendment

Or. {EN}en Justification Any further restrictions to placing on the market certain packaging formats should be decided by the co-legislators Amendment 99 Proposal for a regulation Article 58 – paragraph 6

Text proposed by the Commission

Amendment

Or. {EN}en Justification Any further restrictions to placing on the market certain packaging formats should be decided by the co-legislators Amendment 100 Proposal for a regulation Annex III – paragraph 1 – introductory part

Text proposed by the Commission Amendment Conditions to be considered when mandating the use of compostable packaging format: Conditions to be considered when mandating the use of or introducing compostable packaging format on the market: Or. {EN}en Amendment 101 Proposal for a regulation Annex V Text proposed by the Commission RESTRICTIONS ON USE OF PACKAGING FORMATS Packaging format Restricted use Illustrative example

Plastic packaging used at retail level to group goods sold in cans, tins, pots, tubs, and packets designed as convenience packaging to enable or encourage end users to purchase more than one product. This excludes grouped packaging necessary to facilitate handling in distribution. Collation films, shrink wrap

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

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

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

For cosmetics, hygiene and toiletry products of less than 50 ml for liquid products or less than 100 g for non-liquid products Shampoo bottles, hand and body lotion bottles, sachets around miniature bar soap Amendment Packaging format Restricted use Illustrative example

Collation films, shrink wrap 2. deleted deleted deleted 3. deleted deleted deleted 4. deleted deleted deleted 5. Single use hotel miniature packaging For cosmetics, hygiene and toiletry products of less than 50 ml for liquid products or less than 100 g for non-liquid products Shampoo bottles, hand and body lotion bottles, sachets around miniature bar soap Or. {EN}en </RepeatBlock-Amend>

ANNEX: LIST OF ENTITIES OR PERSONSFROM WHOM THE RAPPORTEUR HAS RECEIVED INPUT

The following list is drawn up on a purely voluntary basis under the exclusive responsibility of the rapporteur.

The rapporteur has received input from the following entities or persons in the preparation of the draft report: Entity and/or person 360° Foodservice A.I.S.E - European association representing cleaning, detergents and household maintenance products AB InBev ACE - The alliance for beverage cartons and the environment AIM - European Brands Association ALDI Nord Alleanza delle Cooperative Italiane ALPLA - Werke Alwin Lehner GmbH & Co KG Amazon APEAL - Association of European Producers of Steel for Packaging APPLiA - Home Appliance Europe Ball Beverage Packaging Europe BDE - Bundesverband der Deutschen Entsorgungs-, Wasser-und Kreislaufwirtschaft e. V.

Beam Suntory BGVZ - Bund Getränkeverpackungen der Zukunft Braskem Brown-Forman Carbios CEEV - Comité Européen des Entreprises Vins CEFLEX - The Circular Economy for Flexible Packaging Cerame-Unie CITEO - French organisation in charge of recycling household packaging and graphic paper Coldiretti CONAI - Consorzio Nazionale Imballaggi Confagricoltura Confartigianato Confcommercio CONFIDA - Confederazione Italiana Distribuzione Automatica Confindustria Confindustria Lecco e Sondrio Danone

DIGITALEUROPE DOW Inc.

EAFA - European Aluminium Foil Association Eastman Chemical Company ECCIA - European Cultural and Creative Industries Alliance ECF - European Coffee Federation Ecommerce Europe EDA - European Dairy Association EDANA - nonwovens and related industries EEB - European Environment Bureau EGMF - European Garden Machinery industry Federation EGUALIA - Industrie farmaci accessibili EPPA - European Paper Packaging Alliance EUBP - European Bioplastics EuPC - European Plastics Converters EURIC - European Recycling Industries' Confederation Europen - European Organisation for Packaging and the Environment Farmindustria FEAD - European Waste Management Association Federalimentare - Federazione Italiana dell’Industria Alimentare Federazione Carta e Grafica Federdistribuzione Federvini - Federazione Italiana Industriali Produttori, Esportatori ed Importatori di Vini, Acquaviti, Liquori, Sciroppi, Aceti ed affini FEFCO - European Federation of Corrugated Board Manufacturers FEICA - Association of the European Adhesive & Sealant Industry FEVE - European Container Glass Federation Flexible Packaging Initiative (Ferrero, Mars, Mondelez, Nestlé, Pepsico, Unilever) Fondazione per lo Sviluppo Sostenibile Foodanddrink Europe FPE - Flexible Packaging Europe GIFLEX - Gruppo Imballaggio

Flessibile Guala Closures S.p.A. HOTREC - Association of Hotels, Restaurants, Pubs and Cafes and similar establishments in Europe Huhtamaki - Food packaging supplies and materials Innocent drinks JACOBS DOUWE EGBERTS (JDE) PEET’S Kemira KST - Keep Sweden Tidy LEGO Group LVMH - Louis Vuitton Moët Hennessy McDonald's Medicines for Europe MedTech Europe Metal Packaging Europe Metsä Municipal Waste Europe Natural Mineral Waters Europe Neste Nestlé Italiana S.p.A.

Novamont PaperFoam PCEP - Polyolefin Circular Economy Platform PepsiCo Plastics Europe Plastics Recyclers Europe Polymateria Limited PortionPack Group Procter & Gamble Profood RCTP - Roundtable for reusable containers trays and pallets Reloop Rethink Plastic Alliance - alliance of leading European NGOs RPE - Reusable Packaging Europe Schwarz Group SEFA - European association of steel drum manufacturers SFIF - Swedish Forest Industries Federation Stora Enso Sulapac Ltd Syctom - public service in charge of household waste management Tetra Pack & Alliance for Beverage Cartons and the Environment The Minderoo Foundation THIE - Tea & Herbal Infusions Europe TIE - Toy Industries of Europe TOMRA UNESDA - Soft Drink Europe UNILEVER Unione Italiana Food Unionplast - Federazione Gomma Plastica UPM - The Biofore Company Utilitalia - Federazione Utilities VDMA - Machinery and Equipment Manufacturers Association Versalis S.p.A.