Council of the European Union Brussels, 18 December 2023 (OR. en) 16946/23 Interinstitutional File: 2022/0396(COD) ENV 1515 MI 1142 ENT 275 IND 698 CONSOM 495 COMPET 1286 AGRI 833 FOOD 100 CODEC 2536
To: General Secretariat of the Council Delegations No. prev. doc.: 16706/23 + COR 1 REV 1 + COR 2 15581/22 + ADD 1 No. Cion doc.: Subject: 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 ‒ General Approach
Delegations will find in the Annex the text of the general approach on the abovementioned proposal, approved by the Council (Environment) at its 3998th meeting held on 18 December 2023. The changes to the previous version of the text (ST 16706/23 + COR 1 REV 1 + COR 2), as resulting from the discussions at the Council, are indicated in bold and underlined. Previous amendments to the Commission proposal are bold. Deleted text is marked in strikethrough. 16946/23
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2022/0396 (COD) Proposal for a
on packaging and packaging waste, amending Regulation (EU) 2019/1020 and Directive (EU) 2019/904, and repealing Directive 94/62/EC (Text with EEA relevance)
Having regard to the Treaty on the Functioning of the European Union, and in particular Article 114 thereof, Having regard to the proposal from the European Commission, After transmission of the draft legislative act to the national parliaments, Having regard to the opinion of the European Economic and Social Committee1, Having regard to the opinion of the Committee of the Regions2, Acting in accordance with the ordinary legislative procedure,
Products need packaging in order to be protected and easy to transport from where they are produced to where they are to be used or consumed. Prevention of barriers toon the internal market for packaging is key for the functioning of the internal market for products. Fragmented rules and vague requirements cause additional cost to the economic operators. (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 waste3. 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, Tthis Regulation should therefore establish rules over covering 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 down measures in line with the hierarchy of waste, it this Regulation should contribute to the transition to a circular economy.
Member States on packaging, such as essential requirements, which relate to the composition of packaging and its reusable and recoverable nature, and sets recovery and recycling targets.
the essential requirements, which were seen as a key tool to achieve better environmental performance of packaging, to make them “more concrete and easily enforceable” and to strengthen them. , which were seen as a key tool to achieve better environmental performance of packaging.345
Eurostat, Packaging waste statistics: https://ec.europa.eu/eurostat/statisticsexplained/index.php?title=Packaging_waste_statistics European Parliament and Council Directive 94/62/EC of 20 December 1994 on packaging and packaging waste (OJ L 365, 31.12.1994, p. 10-23). European Commission (2014), Ex-post evaluation of Five Waste Stream Directives, – SWD (2014)209 16946/23
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In line with the Green Deal6, the new Circular Economy Action Plan (CEAP)7 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 Tthe Commission commits to assess the feasibility of Union-wide labelling that facilitates the correct separation of packaging waste at source. (6)
Plastic packaging is the most carbon-intensive material and, in terms of fossil fuel use, recycling of plastic waste is approximately five-times better than incineration with energy recovery8. Just as the European Strategy for Plastics9 states, CEAP commits to increase uptake of recycled plastics and contribute to the more sustainable use of plastics. The Union budget and the system of own resources contribute to reducing pollution from plastic packaging waste10. As of 1 January 2021, the Council Decision (EU, Euratom) 2020/2053 of 14 December 2020 on the system of own resources of the European Union introduced a national contribution that is proportional to the quantity of plastic packaging waste that is not recycled in each Member State. This own resource is forms part of the incentives to reduce the consumption of single-use plastics, foster recycling and boost the circular economy.
678910 https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=COM%3A2019%3A640%3AFIN https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=COM:2020:98:FIN&WT.mc_id=Twitter Amadei A., Ardente F., Garcia-Gutierrez P., Klenert D., Nessi S., Tonini D., Tosches D., Saveyn H. (2022), Environmental and economic assessment of plastic waste recycling, Mechanical, physical and chemical recycling technologies, publication pending.
Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions A European Strategy for Plastics in a Circular Economy COM(2018)28 final. Council Decision (EU, Euratom) 2020/2053 of 14 December 2020 on the system of own resources of the European Union and repealing Decision 2014/335/EU, Euratom COM (OJ L 424, 15.12.2020, p. 1-10).
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Directive 94/62/EC should update and establish more concrete, effective and easy to implement provisions in order to facilitate foster 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 of packaging, as well as minimise substances of concern in packaging materials, especially concerning food packaging materials, and to provide for labelling of packaging in an easily understandable way to inform consumers about its the recyclability of packaging and where its packaging waste should be discarded to facilitate sorting and recycling.
Action Plan12 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. (9)
This Regulation complements Regulation [Ecodesign for Sustainable Products]13, under which packaging is not addressed as a specific product category. However, it should be recalled that with respect to specific products, it is possible for delegated acts adopted on the basis of Regulation [Ecodesign for Sustainable Products] may to establish additional or more detailed requirements for their packaging for specific products, in particular in relation to packaging minimisation wheren the design or re-design of products can lead to environmentally less impactful packaging.111213
https://data.consilium.europa.eu/doc/document/ST-13852-2020-INIT/en/pdf https://data.consilium.europa.eu/doc/document/ST-14167-2020-INIT/en/pdf https://www.europarl.europa.eu/doceo/document/TA-9-2021-0040_EN.html https://commission.europa.eu/energy-climate-change-environment/standards-tools-and-labels/products-labelling-rules-andrequirements/sustainable-products/ecodesign-sustainable-products_en 16946/23
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packaging waste, regardless of the type of packaging or the material used. For reasons of legal clarity the definition of packaging under the previous Directive 94/62/EC should be restructured without changing the substance. Sales packaging, grouped packaging and transport packaging should be defined separately avoiding duplication of terminology.
Consequently, sales packaging corresponds to primary packaging, grouped packaging to secondary packaging and transport packaging to tertiary packaging. (10a)
Cups, food containers, sandwich bags or other items, which can perform a packaging function, should not be considered as being packaging wheren they are not designed and intended to be filled at the point of salesold empty by the final distributor. Such items should only be considered to be packaging Only where when these items such as carrier bags, trays, wrappings, plates, cups for beverages, among others,they are designed and intended to be filled at the point of sale, in which case they are considered as ‘service packaging’, or offered for sale pre-filledsold by the final distributor containing food and beverages, they should be considered packaging, provided that they perform a packaging function. (10b)
The definition of primary production packaging should not entail an expansion of products being considered as packaging in the sense of this Regulation. The introduction of the definition and its use in the definition of ‘producer’ guarantees that the legal or natural person making this kind of packaging available for the first time is considered to be the producer in the sense of this Regulation and not the primary sector businesses (e.g., the farmers) using this kind of packaging. 16946/23
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An item, which is an integral part of a product and is necessary to contain, support or preserve that product throughout its lifetime and where all elements of that item are intended to be used, consumed or disposed of together, should not be considered as being packaging given that its functionality is intrinsically linked to it being part of the product.
However, in light of the disposal behaviour of consumers regarding tea and coffee bags as well as coffee or tea system single-serve units, which in practice are disposed of together with the product residue leading to the contamination of compostable and recycling streams, those specific items should be treated as packaging. This is in line with the objective to increase the separate collection of bio-waste, as required by Article 22 of Directive 2008/98/EC of the European Parliament and of the Council14 and . Furthermore, to ensures coherence regarding end-of-life financial and operational obligations, also all coffee or tea system single-serve units necessary to contain coffee or tea should be treated as packaging. Paints, inks and adhesives directly on a product should not be covered by the definition of packaging. However, labels hung directly on or attached to a product including sticky labels attached
to fruits and vegetables do fall within the definition of packaging, since the adhesive is a glue and not a label.
requirements and the labelling requirements laid down in Chapter II, Articles 5 – 10this Regulation, as the case may be, and with the labelling requirements in Article
made available for the first time on the Union market, supplied by the manufacturer or importer for distribution, consumption or use in the course of a commercial activity, whether in return for payment or free of charge. Thus, packaging already placed on the Union market before the date of application of relevant requirements and in the stocks of distributors, including retailers and wholesalers does should not need to meet those requirements.14 Directive 2008/98/EC of the European Parliament and of the Council of 19 November 2008 on waste and repealing certain Directives (OJ L 312, 22.11.2008, p. 3). 16946/23
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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 should aim at to reduceing the amount of packaging placed on the market in terms of its volume and weight, and to 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 to increaseing 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.
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. 16946/23
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In line with the objectives of the Circular Economy Action Plan15 and the Chemicals Strategy for Sustainability16, and to ensure the sound management of chemicals throughout their life cycle and the transition to a toxic-free and circular economy, and considering the relevance of packaging in everyday life, it is necessary that this Regulation addresses the impact of packagings on human health, and on the environment and on broader sustainability performance, including circularity, resulting from the presence impacts of substances of concern on throughout the whole life cycle of packaging, from manufacture to use and end-of life, including, waste management. (15)
Taking into consideration the scientific and technological progress, packaging should be designed and manufactured in such a way as to limit the presence of certain heavy metals and other substances of concern in its composition. As stated in the Chemicals Strategy for Sustainability, substances of concern are to be minimised and substituted as far as possible, phasing out the most harmful ones for non-essential societal use, in particular in consumer products. Accordingly, substances of concern as constituents of packaging material or of any of the packaging components should be minimised with the objective to ensure that packaging, as well as materials recycled from packaging, do not have any adverse effect on human health or the environment, throughout their life-cycle.1516
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 A new Circular Economy Action Plan For a cleaner and more competitive Europe COM(2020)98 final. Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions Chemicals Strategy for Sustainability Towards a Toxic-Free Environment, COM/2020/667 final. 16946/23
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(16) In line with the Zero Pollution Action Plan17, 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 Council18 and Regulation (EC) No 1272/2008 of the European Parliament and of the Council19 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 applies to the adoption or amendment of y 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 Council20, it should be recalled that that Regulation applies to ensure a high level of protection of the consumers of packaged food. It is possible that sSubstances in packaging, and packaging components and packaging waste may are also be subject to restrictions in other EU Union legal actslegislation, such as restrictions and prohibitions established for persistent organic pollutants under Regulation (EU) 2019/102121.1718192021
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. 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). 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). 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). Regulation (EU) 2019/1021 of the European Parliament and of the Council of 20 June 2019 on persistent organic pollutants (OJ L 169, 25.6.2019, p. 45–77) 16946/23
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In addition to the restrictions set out in Annex XVII to Regulation (EC) No 1907/2006, and, as applicable to food contact packaging materials and articles, and to provisions under Regulation (EC) No 1935/2004, it is appropriate, for reasons of consistency, to maintain existing restrictions for lead, cadmium, mercury and hexavalent chromium present in packaging or packaging components. 16946/23
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(18) Exemptions to the concentration levels of lead, cadmium, mercury and hexavalent chromium present in packaging or packaging components are established in Commission Decision 2001/171/EC22 and Commission Decision 2009/292/EC23 adopted under Directive 94/62/EC and should be maintained also under this Regulation.
However, in order to amend or repeal them those exemptions as well as to determine, if appropriate, further exemptions from the concentration levels of lead, cadmium, mercury and hexavalent chromium present in packaging or packaging components, or to amend lower the concentration limit value for thoese metals in this Regulation in order to adapt themit to technical and scientific progress, the power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union (TFEU) should be delegated to the Commission.
On the basis of the Commission Communication “Chemicals Strategy for Sustainability Towards a Toxic-Free Environment” 24 the same limit value for hazardous substances is to, as a principle, to apply for virgin and recycled material. However, there may be exceptional circumstances where a derogation to this that principle may be necessary., for instanceIn such cases, where the use ofa different limit value for the recycled material compared to virgin materials is should be justified based on a case by case analysis and there is a possibility to limit the use to clearly defined applications.
When amending the existing exemptions from the concentration levels of lead, cadmium, mercury and hexavalent chromium the Commission should take thatese principles under into consideration.222324
Commission Decision 2001/171/EC of 19 February 2001 establishing the conditions for a derogation for glass packaging in relation to the heavy metal concentration levels established in Directive 94/62/EC on packaging and packaging waste, OJ L 62, 2.3.2001, p. 20. Commission Decision 2009/292/EC of 24 March 2009 establishing the conditions for a derogation for plastic crates and plastic pallets in relation to the heavy metal concentration levels established in Directive 94/62/EC of the European Parliament and of the Council on packaging and packaging waste, OJ L 79, 25.3.2009, p. 44.
Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions Chemicals Strategy for Sustainability Towards a Toxic -Free Environment, COM/2020/667 final.
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of chemical safety, or for reasons related to food safety, with the exception of the restrictions on lead, cadmium, mercury and hexavalent chromium that were already established on the basis of Directive 94/62/EC and that should continue to be addressed under this Regulation, given that such restrictions are addressed under other Union legislation legal acts. It should, however allow for the restriction, primarily for reasons other than chemical or food safety, of substances present in packaging and packaging components or used in their manufacturing processes, which negatively affect the sustainability of packaging, in particular as regards its circularity, especially re-use or recycling.
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(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. Packaging design for recycling criteria have been established for a number of packaging formats under voluntary industry schemes or by some Member States, which established them for the purpose of the modulation of extended producer responsibility fees.
In order to prevent barriers on the internal market and to 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, recyclable packaging should be designed for material recycling, and packaging recyclability performance grades should be established based on design for recycling criteria for packaging categories as listed in Annex II and.
expressed in grades A, B or C so that the packaging should be considered recyclable and, consequently, allowed to be placed on the market. When a packaging is below the grade C it should be considered technically non-recyclable, and its placing on the market should be restricted. However, packaging should comply with thesem those criteria only as offrom 1 January 2030 in order to give sufficient time to the economic operators to adapt. 16946/23
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Material recycling” as it is defined in this Rregulation should is complementsing the definitions of recycling and material recovery in the Directive 2008/98/EC. Material recycling maintains keeps the resources in circulation within the material economy and should therefore not include the biological treatment of waste. The definition of material recycling under this Regulation should does not affect the calculation of the recycling targets set for Member States under this Regulation. Thoese targets and their calculation are based on the definition of “recycling” as it is defined in theunder Directive 2008/98/EC. (20b)
High-quality recycling implies that the recycled materials, based on their preserved technical characteristics, are of equivalent or higher quality compared to the original material and can be used as a substitute to primary raw materials for packaging or similar applications. The recycled material can be recycled multiple times. To enable the production of high quality recycled raw materials, collection of properly sorted packaging waste is crucial. The difference between material recycling and highquality recycling is that material recycling recycles the packaging material into materials, while high-quality recycling recycles the packaging into materials of such quality that they can be used as the same quality grade or as other packaging material for packaging or similar other applications where the quality of the recycled material is retained.
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(21) As design for recycling assessment in itself does not, in itself, ensure that packaging is recycled in practice, it is necessary to establish a uniform methodology and criteria for assessing a chain of custody mechanism ensuring that the packaging waste is effectively recycled at scale recyclability of packaging in practice based on separate collection, and established sorting and recycling processes, proven in an operational environment., which ensure at EU level an amount of recycled material equal or greater than recycling targets set out in Article 46(1)(d) referring to the mass of each packaging category listed in Table 1 of Annex II placed on the market.
corresponding to Technology Readiness Level 925 and infrastructure actually available in the Union. Related reporting from Member States and, where relevant, economic operators should support establishing the recyclability “at scale” thresholds and update, on this that basis, the recyclability performance grades with respect to the specific packaging materials and categories. Consequently, from 2035, a new assessment should be carried out based on the quantity (weight) of the material effectively recycled from each of the packaging categories according to the methodology and thresholds based on Article 6 paragraph 6 .
The thresholds for recycled at scale have been should be defined taking into account the target for quantity of annual recycled material recycling targets set in Article 3(1)(32). These targets will be the minimum limit to be classified as grade C.of Article 46 (1) letter d) and which will apply in 2035. In this sense, for each recycling target per material set in Art 46(1) (d), it has been calculated thresholds to classify the performance grades.The distance between the corresponding target and the maximum (100%) has been divided into three equal parts to calculate the values assigned to the borders between the performance grades A, B, and C .25 h2020-wp1415-annex-g-trl_en.pdf (europa.eu) 16946/23
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Predictably, in 2030, Member States will have already reported to the Commission the first data on quantities of packaging waste separately collected and recycled by packaging category in accordance with the obligations set out in Articles 50(2) (b) and (c) and Article 50(4) to monitor them. Separate collection of packaging waste enables `packaging to be recycled at scale. With this information, the Commission would be able to establish the methodology to monitor them.
The producers, in the case of individual fulfilment of extended producer responsibility obligations, the entrusted producer responsibility organisations, or the packaging waste management operators when public authorities are responsible for the organisation of the management of packaging waste, should make sure that the packaging waste is separately collected, sorted and material recycled in installed infrastructure using established processes in a proven operational environment, and should provide the manufacturer with all the technical documentation ensuring that packaging is recycled at scale. (22)
In order to establish harmonised rules on packaging design to ensure its recyclability, the power to adopt delegated implementing 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 whether the packaging recyclability packaging is recycled 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 offrom 2035.
That should ensure that pPackaging should complies with the design for recycling criteria, and is also that it is recycled at scale in practice on the basis of the state of the art processes for separate collection, and established sorting and recycling processes in an operational environment. Recycled at scale assessment can upgrade or downgrade the performance grades based on the design for recycling assessment. Packaging that does not meet the recycled at scale requirements will have a period of 5 years to comply with them, so that it will not be automatically excluded from the market, and economic operators will have that period to carry out the pertinent improvements so that the packaging can be recycled at scale. 16946/23
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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 three years to comply with the recyclability requirements. The innovative features and the planned establishment of a recycling path should be explained in the technical documentation accompanying the packaging. This information should be used, among others, to amend where necessary the delegated implementing acts on design for recycling criteria. The economic operator should also notify to the Commission and the competent authority before the placing innovative packaging on the market.
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(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 mandatorily to immediate packaging as defined in Article 1 of Directive 2001/83/EC of the European Parliament and of the Council26 and in Article 4(25) of Regulation (EU) 2019/6 of the European Parliament and of the Council27, which are in direct contact with the medicinal product, as well as outer packaging as defined in the above acts in cases where such packaging is necessary to comply with specific requirements to preserve the quality of the medicinal product.
In addition, the recyclability requirements should not apply mandatorily to contact sensitive plastic packaging of medical devices covered by Regulation (EU) 2017/745 of the European Parliament and of the Council28 and of in vitro diagnostics medical devices covered by Regulation (EU) 2017/746 of the European Parliament and of the Council29.as well as packaging used for transport of dangerous goods as set by Directive 2008/68/EC. Sales packaging made from lightweight wood, cork, textile, rubber, ceramic or porcelain should also be exempted, except from paragraph 6aa, since they are placed on the market in very small quantities, i.e. each category amounts to less than 1% of the weight of the packaging placed in the Union market.
These exemptions should apply until 1 January 2035.26272829 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). 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).
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). 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).
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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.
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way as to allow for the increased substitution of virgin materials with recycled materials. The increased use of recycled materials supports the development of the circular economy with well-functioning markets for recycled materials, reduces costs, dependencies and negative environmental impacts related to the use of primary raw materials, and allows for a more resource-efficient use of materials. In relation to the different packaging materials, the lowest input of recycled materials is in plastic packaging. In order to address these concerns in the most appropriate manner, it is necessary to increase the uptake of recycled plastics, by establishing mandatory targets for recycled content in plastic packaging at different levels depending on the contact-sensitivity30 of different plastic packaging applications, and ensuring that the targets become binding by 2030. In order to incrementally ensure packaging circularity on an incremental basis, increased targets should apply as of 2040.
not be is s not considered as falling within to be included in the definition of plastic under this Regulation point 43 of Article 3. 30 Contact sensitive packaging refers to plastic packaging of products covered by Regulation (EC) No 1831/2003 of the European Parliament and of the Council of 22 September 2003 on additives for use in animal nutrition (OJ L 268, 18.10.2003, p. 29), 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 (OJ L 338 13.11.2004, p.
4), Regulation (EC) No 767/2009 of the European Parliament and of the Council of 13 July 2009 on the placing on the market and use of feed, amending European Parliament and Council Regulation (EC) No 1831/2003 and repealing Council Directive 79/373/EEC, Commission Directive 80/511/EEC, Council Directives 82/471/EEC, 83/228/EEC, 93/74/EEC, 93/113/EC and 96/25/EC and Commission Decision 2004/217/EC (OJ L 229, 1.9.2009, p. 1), Regulation (EC) No 1223/2009 of the European Parliament and of the Council of 30 November 2009 on cosmetic products (recast) (OJ L 342, 22.12.2009, p.
59), 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), 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), Regulation (EU) 2019/4 of the European Parliament and of the Council of 11 December 2018 on the manufacture, placing on the market and use of medicated feed, amending Regulation (EC) No 183/2005 of the European Parliament and of the Council and repealing Council Directive 90/167/EEC (OJ L 4, 7.1.2019, p. 1), 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), 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) and Directive 2008/68/EC of the European Parliament and of the Council of 24 September 2008 on the inland transport of dangerous goods (OJ L 260, 30.9.2008, p. 13–59). 16946/23
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In order to ensure a high level of human and animal health protection in accordance with requirements in Union legislation law and to avoid any risk to the security of supply and to the safety of medicines and safety of medical devices safety, it is appropriate to provide for the exclusionexclude from the obligation of a minimum recycled content in plastic packaging for immediate packaging as defined in Article 1, point 23, of Directive 2001/83/EC and in Article 4, point 25, of Regulation (EU) 2019/6, as well as for contact sensitive plastic packaging of medical devices covered by Regulation (EU) 2017/745 and for contact sensitive packaging of in vitro diagnostics medical devices covered by Regulation (EU) 2017/746. This That exclusion should also apply to outer packaging of human and veterinary medicinal products as defined in Article 1, point 24, of Directive 2001/83/EC and in Article 4, point 26, of Regulation (EU) 2019/6 in cases where it has to comply with specific requirements to preserve the quality of the medicinal product.
implementation of the obligations under this Regulation, economic operators should ensure that the plastic part of in packaging, should contains a certain minimum percentage of recycled content recovered from post-consumer plastic waste, per packaging type and format (listed in Table 1 of Annex II), manufacturing plant and year each unit of packaging contains a certain minimum percentage of recycled content recovered from post-consumer plastic waste. (29a)
Using the manufacturing plant as a basis for calculation means that a packaging manufacturer will have some flexibility in reaching the minimum percentage of recycled content. Manufacturing plant should be understood as referring refers to only to one industrial facility where packaging is manufactured.
plastic part of packaging. The most appropriate means One way 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 in such cases should be based on common rules for the calculation and verification of the recycled content contained in such packaging. 16946/23
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and verifying, per unit of post-consumer plastic waste in packagingfrom post-consumer plastic waste, per packaging type and format (listed in Table 1 of Annex II), manufacturing plant and year, the share of recycled content obtained from the recoveryed of the 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 Council31. (31a)
In order to provide an internal market for high-quality recycling of plastics and the use of secondary raw materials, the plastic part in packaging placed on the market should contain a certain minimum percentage of recycled content recovered from post-consumer plastic waste per packaging type and format (listed in Table 1 of Annex II), calculated per manufacturing plant and per three calendar monthsyear.
The packaging type should be understood as referring to the predominant polymer the packaging is made of, while packaging format should be understood as referring to the size and shape of a specific packaging unit. (32)
It should be recalled that food contact materials containing recycled plastic should comply with the requirements laid down in Regulation (EU) 2022/1616, which includes requirements on recycling technologies. Regarding plastic packaging, except where it is made from polyethylene terephthalate (PET), it will be warrantedis appropriate, sufficiently ahead of the date of application of the related recycled content requirements, to re-assess the availability of suitable recycling technologies for such plastic packaging, also with respect to the state of authorisation under relevant Union rules, and the installation in practice of such technology. Based on this that assessment, there might be a need to provide for derogations from the recycled content requirements for specific contact sensitive plastic packaging concerned, or to revise the derogations. To that end, the power to adopt acts in accordance with Article 290 of the TFEUreaty should be delegated to the Commission.
31 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). 16946/23
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In order to take into account the risks related to a possible insufficient supply of a specific plastic waste for recycling that might lead to excessive prices or adverse effects on health, safety and the environment, the power to adopt acts in accordance with Article 290 of the TFEUreaty should be delegated to the Commission in respect of temporarily amending the targets for mandatory recycled content in plastic packaging. In evaluating the justification of such a delegated act, the Commission should assess well-reasoned requests from natural and legal persons. (34)
For materials other than plastic, such as glass or aluminium, the trend to replace primary raw material with recycled materials is evident and expected to continue because of the development in the legal and economic environment and the consumers’` expectations. Nonetheless, the Commission should monitor closely the use of recycled content in packaging materials other than plastics and should assess the appropriateness of proposing to establish further measures, including setting targets, aiming to increase the use of recycled content in packaging other than plastic packaging. (35)
The bio-waste waste stream is often contaminated with conventional plastics and the material recycling streams are often contaminated with compostable plastics. This crosscontamination leads to waste of resources, lower quality secondary raw materials and should be prevented at source. In that sense, for compostable packaging Member States should specify the appropriate waste management on their territory. 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.
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demonstrable environmental benefit of using compostable packaging, which enters composting plants, including anaerobic digestion facilities under controlled conditions. For tea, or coffee or other beverage bags and sticky labels attached to fruit and vegetables, this is also true for home composting. Furthermore, where Member States apply the provision established in second paragraph article 22(1) of Waste framework directive and appropriate waste collection schemes and waste treatment infrastructures are available in those a Member States, there should be a limited flexibility in deciding whether to mandate allow, on its territory, the use of compostable packaging plastics for coffee, tea or other beverage system single-serve units if composed of other than metal packaging material, very lightweight plastic carrier bags and lightweight plastic carrier bags and other packaging that Members Stats had required them to be compostable before this Regulationon its territory. In order to avoid consumer confusion about the correct disposal route 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.
composting does not imply decomposition in home composting. In industrial composting, the required conditions are high temperatures (55°C-60°C) and high humidity levels. In home composting, which is carried out by private individuals, including in communities, the actual conditions depend very much on local climate circumstances and consumer practices. Hence, biodegradation in home-composting risks being slower than in industrial composting, or not to be completed. Especially, home composting for plastic packaging should only be considered for specific applications, where the use of such plastics has a clear added value, and in the context of specific local conditions under the supervision of the relevant authorities.
32 EU policy framework on biobased, biodegradable and compostable plastics. Published 30th Nov 2022. https://environment.ec.europa.eu/publications/communication-eu-policy-framework-biobased-biodegradable-andcompostable-plastics_en 16946/23
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impacting the disposal of compostable plastics and under the specific conditions ensuring that the use of such materials is beneficial for the environmental and human health, the power to adopt acts in accordance with Article 290 TFEUof the Treaty should be delegated to the Commission should present, where appropriate, a legislative proposal to amend or extend the list of compostable packaging. (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 in line with harmonised standards adopted in accordance with Regulation (EU) No 1025/2012 of the European Parliament and of the Council33. When doing so, for the purpose of expressing detailed technical specifications of those requirements and take should be taken into account, in line with the latest scientific and technological developments,. Tthe parameters, including composting times and admissible levels of contamination, which should reflect the actual conditions in bio-waste treatment facilities, including anaerobic digestion processes. The current standard for industrial composting will no longer provide for presumption of conformity since it needs to be revised and replaced by an updated version. However, before there is a new, or updated, harmonised standard available, the current standard can be used as guidance. [Regarding home compostable ing of plastic packaging, the Commission may request the development an EN-standardisation as appropiateis under development.]
33 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). 16946/23
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It should be recalled that all compostable packaging constituting a food contact material is packaging intended to come into contact with food or already in contact with food, including compostable packaging, has to meet the requirements set out in set out in Regulation (EC) No 1935/2004 on materials and articles intended to be brought come into contact with food or already in contact with food. Where appropriate, the documentation and information required according to the Union legislation on food contact materials can also be used as part of the information and documentation required in this Regulation. 16946/23
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Packaging should be designed so as to minimise its volume and weight while maintaining its ability to perform the packaging functions and enable recyclability. 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 13428:2000434, should therefore be modified.
However, before there is a new or updated harmonised standard available, the existing standard, EN 13428:20004, can be used. 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 with packaging is 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.
including or covered by other quality schemes referred to in Regulation EU No 1151/2012, Regulation EU No 1308/2013 for wine, and Regulation EU No 2019/787 for spirit drinks, or covered by quality schemes referred to in Regulation EU No 1151/2012 . It should also not compromise packaging design protected under Union or Member States design or trademark legislation with design rights under the Union legislation, by a Community design under Council Regulation (EC) 6/2002, design rights falling under the scope of applications of Directive 98/71/EC, or international agreements having effect in one of the Member State.
This exception is justified only to the extent that the new rules on packaging minimisation will affect the shape of the packaging in such a way that the trademark can no longer distinguish the marked good from those of another undertaking, and the design can no longer keep its new and individual characteristics. In order to avoid the risk of abuse, the exemption should apply only to trademark and design rights protected before [date of entry into force of this Regulation]. 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.
and other characteristics only aimed to increase the perceived product volume should not34 Packaging – Requirements specific to manufacturing and composition – Prevention by source reduction. 16946/23
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should be paid to limiting the empty space in, grouped and transport packaging, including e-commerce packaging. (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.
(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 minimum 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. The existing standard, EN 13429:2004 will no longer provide for presumption of conformity since it needs to be revised and replaced by an updated version.
However, before there is a new or updated harmonised standard available, the existing standard, EN 13429:2004, can be used as guidance. 16946/23
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packaging waste, including compostable lightweight and very lightweight plastic carrier bags. The most appropriate manner to do this is to establish a harmonised labelling system based on the material composition of packaging for sorting of waste, and to pair it with corresponding labels on waste receptacles. (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 or to avoid that compostable packaging is thrown away in nature, but only biodegradable compostable in industrially controlled conditions in bio-waste treatment facilities with industrial composting or anaerobic digestion.
It is only specifically home-compostable packaging, which is specifically labelled as such, that is 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 established after the entry into force of the regulation.
Member States may require that the use of such harmonised label on packaging subject toFor deposit and return systems established, by virtue of national law, before the entry into force of this Regulation, the use of such harmonised symbols should be voluntary. 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. 16946/23
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Labelling of recycled content in packaging should not be mandatory as this information is not critical to ensure the proper end-of-life treatment of packaging. However, manufacturers will be required to meet recycled content targets under this Regulation and they may wish to display that information on their packaging to inform consumers thereof.
To ensure that this information is communicated in a harmonised manner across the Union, a label to indicate the recycled content should be harmonised. (46a)
Labelling of biobased plastic content in packaging should also not be mandatory as there are a number of conditions that biobased plastic have to meet to ensure sustainability and more scientific evidence is necessary to ensure that, over their whole life-cycle, the use of biobased plastic is in line with the principles of circular economy as set out in the Communication from the Commission on an EU policy framework on biobased, biodegradable and compostable plastic.35 However, manufacturers may wish to display that information on their packaging to inform consumers of the biobased plastic content in that packaging. To ensure that this information is communicated in a harmonised manner across the Union, a label to indicate the biobased plastic content should be harmonised. (47)
In order to inform end-users about reusability, availability of systems for re-use and location of collection points channels as regards reusable packaging, such packaging should bear a label and a QR code or other data carrier that provides such information. The QR code or other type of standardised, open, digital data carrier may should contain information which should also facilitates tracking and the calculation of trips and rotations, or an average estimation if that calculation is not feasible. This label should be voluntary for open loop systems established before the entry into force of this Regulation and which do not have a system operator. Such systems should nevertheless provide other means of calculations of trips and rotations. In addition, reusable sales packaging should be clearly identified at the point of sale.
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other Union legislation requires information on the packaged product to be available digitally through a data carrier, the information required for the packaging under this Regulation and the information required for the packaged product should be accessible via the same data carrier. That data carrier should comply with the requirements under this Regulation or other applicable Union legislation. In particular, where the packaged product is covered by the Regulation [Ecodesign for Sustainable Products] or other Union legislation requiring a digital product passport, that digital product passport should also be used for providing the relevant information under this Regulation. Where packaging contains substances of concern, it should be marked using a standardised digital marking technology as established in implementing acts adopted by the Commission.
This information should enable promoting circularity and to ensure that waste operators have access to relevant information on chemical composition to determine the most appropriate waste management option, according to the waste hierarchy, thus promoting packaging circularity.
protected from misleading and confusing information about packaging characteristics and its appropriate end-of-life treatment, for which harmonised labels have been established under this Regulation. It should may be possible to identify packaging included in the extended producer responsibility scheme by means of an accreditationcorresponding symbol throughout the territory of that system scheme only by means of a QR code or other standardised digital marking technology in order to signify that the producer fulfils its extended producer responsibility obligations. That symbol should be clear and unambiguous to consumers or users as to the recyclability of packaging. To this end, it could be considered that the Green Dot symbol, which is used in some Member States to signify that a producer has made a financial contribution to a national packaging recovery system35, could mislead consumers to believe that packaging bearing such a symbol is always recyclable.
35 https://www.pro-e.org/the-green-dot-trademark 16946/23
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informing the consumers that such packaging is covered by the system and therefore should be collected through specific collection pointschannels. This label should be a harmonised EU label established by the Commission. Member States may require the use of such harmonised label on packaging subject to, which should be voluntary for deposit and return systems established by virtue of national law before the entry into force of this Regulation. In addition, if any, it should be allowed to use other labels for deposit and return systems established under national or regional legislation. (49ab)
[Placeholder: Directive 2005/29/EC works as a ‘safety net’ ensuring a high level of consumer protection in all sectors, complementing more detailed requirements in sector or product-specific Union law, unless in case of conflict between thise provisions of the Directive and other Union rules related to specific aspects of unfair commercial practices, where the latter should prevail and apply to those specific aspects. The proposal for a Directive amending Directives 2005/29/EC and 2011/83/EU as regards empowering consumers for the green transition through better protection against unfair practices and better information, provides that displaying a voluntary sustainability label, which does not meet certain requirements, constitutes an unfair commercial practice.] 16946/23
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the power to adopt implementing acts in accordance with Article 291 of the Treatyimplementing powers should be delegated toconferred on the Commission to further improve waste sorting, to establish the conditions for identifying the material composition of packaging by means of standardised, open, digital marking technologies, and to lay down detailed harmonized harmonised specifications for the labelling requirements for packaging and waste receptacles established under this Regulation. When developing these specifications, the Commission should keep linguistic elements to a minimum and take into account scientific or other available technical information, including relevant international standards. The harmonised labelling of packaging subject to a harmonised deposit and return system should be designed with consideration given to the variation in the deposit being charged, which may exist between Member States. In view of the new system, Commission Decision 97/129/EC36 should be repealed as of 42 months after the date of entry into force of this Regulation and its content incorporated into this implementing act.
this Regulation. They should take appropriate measures to ensure such compliance in relation to their respective roles in the supply chain in order to ensure the free movement of packaging in the internal market and to improve its sustainability.36 Commission Decision of 28 January 1997 establishing the identification system for packaging materials pursuant to European Parliament and Council Directive 94/62/EC on packaging and packaging waste (OJ L 50, 20.2.1997, p. 28–31). 16946/23
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Decision No 768/2008/EC of the European Parliament and of the Council37 of 9 July
principles and reference provisions for the drawing up of legislation harmonising the conditions for the marketing of products. In order to ensure consistency with other sectoral productexisting sectorial legislation and to simplify application and enforcement, this Rregulation should be aligned to that Decision, unless specific circumstances require a different solution in this Regulation. Therefore, Decision 768/2008/EC should be used as regards certain definitions, general obligations of economic operators, presumption of conformity, formal objections against harmonised standards, notification procedures, and the provisions concerning procedures dealing with products presenting a risk, when not otherwise specified in this Regulation.
placed to carry out the conformity assessment procedure provided for under this Regulation. Such conformity assessment should therefore remain solely the obligation of the manufacturer.
manufacturer with all the information and documentation necessary for the manufacturer to demonstrate the conformity of the packaging and the packaging materials. That information and documentation should be provided in either paper or electronic form.37
Decision No 768/2008/EC of the European Parliament and of the Council of 9 July 2008 on a common framework for the marketing of products, and repealing Council Decision 93/465/EEC (OJ L 218, 13.8.2008, p. 82). 16946/23
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In order to safeguard the functioning of the internal market, it is necessary to ensure that packaging from third countries entering the Union market complyies with this Regulation, whether imported as self-standing standalone packaging or in in association with a packaged product. In particular, it is necessary to ensure that appropriate conformity assessment procedures have been carried out by manufacturers with regard to that packaging. Importers should therefore ensure that the packaging they place on the market compliesy with those requirements and that documentation drawn up by manufacturers are available for inspection by the competent national authorities. (55)
When placing packaging on the market, every importer should indicate on the packaging their name, registered trade name or registered trade mark as well as their postal address and, where available, electronic means of communication through which it can be contacted. Exceptions should be provided for in cases where the packaging does not allow for such indications.
by the manufacturer or importer, they should act with due care in relation to the applicable requirements of this Regulation. The distributor should also ensure that their handling of the packaging does not adversely affect its compliance with those requirements. (57)
As distributors and importers are close to the marketplace and have an important role in ensuring packaging compliance, they should be involved in market surveillance tasks carried out by the competent national authorities, and should be prepared to participate actively, providing those authorities with all necessary information relating to the product packaging concerned. 16946/23
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name or trademark, or modifies such a product packaging in such a way that compliance with this Regulation might be affected, should be considered to be the manufacturer and should assume the manufacturer’s obligations. (59)
Ensuring packaging’s traceability throughout the whole supply chain facilitates the market surveillance authorities' task of tracing economic operators who placed on the market or made available on the market non-compliant packaging. The economic operators should therefore be required to keep the information on their transactions for a certain period of
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 ration should be set on economic operators who fill or otherwise use such the packaging and in terms of reducing the empty space when for the useing of 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 % 50%. In line with the waste hierarchy and to promote packaging innovation with the aim of packaging waste reduction, it should be possible for economic operators using sales packaging as e-commerce packaging to be exempted from this obligation. 16946/23
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a high level of food safety and food 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 TFEUreaty should be delegated to the Commission to amend the list. The Commission will should publish guidelines explaining in more detail Annex V, including examples of the packaging and guidance as regards the exemptions to the restrictions. (62)
In order to further the aim of circularity and sustainable use of packaging, it is necessary to limit the risk that packaging marketed as reusable is not re-used in practice and to ensure that consumers return reusable packaging. The most appropriate manner to achieve this is to oblige economic operators, who use reusable packaging, to ensure that a system for reuse is put in place, thus allowing such packaging to circulate, rotate and be repeatedly used. To ensure maximum benefits of such systems, minimum requirements should be laid down for open loop and closed loop systems. Confirmation of compliance of reusable packaging with an existing a system for re-use should also be a part of the technical documentation of such packaging. Reuse systems can vary in size and geographical coverage and range from smaller local systems to larger systems that may span over one or several Member States’ territory.
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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
Reusable packaging becomes waste, in the sense of the Article 3(1) of Directive 2008/98/EC, when its holder discards it, intends to discard it or is obligated to discard it. Reusable packaging in a reconditioning process is normally not considered to be waste. (65)
To incentivise waste prevention, a new concept of ‘refill’ should be introduced. Refill should be considered as a specific waste prevention measure that counts towards and is necessary for meeting of the re-use and refill targets. However, containers owned by the consumer, performing a packaging function in the context of refill, such as reusable cups, mugs, bottles or boxes are not packaging in the sense of this Regulation. (66)
Where economic operators offer the possibility to purchase products through refill, they should ensure that their refill stations meet certain requirements in order to ensure the health and safety of consumers. In this context, where the consumers use their own containers, the economic operators should therefore inform about the conditions for safe refill and use of those containers. In order to encourage refill, economic operators should not provide packaging free of charge or not being a part of deposit and return system at the refill stations. 16946/23
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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, largewhite 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 implementation of such measures targets should take into account the environmental benefits achieved throughout the whole life cycle of a product. 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.
re-use and refill targets should be placed on the economic operators. In the cases of targets for beverages, with the exception of wine, theyse should be additionally be placed also on the manufacturers, as these actors are able to control the packaging formats used for the products they offer. Some specific beverages considered perishable, which are sensitive to microbiological spoilage cause by bacteria or yeasts, need specific aseptic technology to protect them from spoilage while keeping a long shelf life. Therefore, milk and other perishable beverages should be exempted from the obligation to meet the beverage packaging re-use targets. The targets should be calculated as a percentage of sales, volume or weight sold in reusable packaging within a system for re-use or through refill or, in the case of transport packaging, as a percentage of uses number of times used. The targets should be material neutral. In order to ensure uniform conditions for the implementation of targets for re-use and refill, the power to adopt an implementing act in accordance with Article 291 of the Treatyimplementing powers should be conferred on the Commission onas regards the methodology
for their calculation, should be delegated to the Commission.
on the Commission onas regards the methodology for their calculation, should be delegated to the Commission. 16946/23
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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 only 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. For some specific transport packaging, which is the case for cardboard boxes, reusable alternatives cannot be an option for contact sensitive products, which need specific washing in between uses and for other applications the number of rotations is very low. Therefore, cardboard boxes should be exempted from the obligation to meet the transport packaging re-use targets.
Therefore, certain economic operators should could 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 and fulfil the definition of micro-enterprisecompany under Commission Recommendation 2003/361/EC38, or have thea sales area, including all storage and dispatch areas, under a certain surface limit. Member States have the possibility to decide if these exemptions should be implemented. The power to adopt acts in accordance with Article 290 TFEUof 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. Furthermore, the Commission should publish guidelines explaining in more detail the products in the scope of paragraphs 4 and 5 of Article 26 due to the complexity of the market for alcoholic as well as nonalcoholic beverages.
38 Commission Recommendation 2003/361/EC 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). 16946/23
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that the respective economic operators report to the competent authorities. Economic operators should report the relevant data for each calendar year, starting from 1 January
2030Member States should make this data publicly available.
(71a)
As economic operators may have several different packaging formats, the attainment of the re-use or refill targets should be calculated on the basis of the aggregated total number of units of sale, refills or weight of food or the total number of units of sale, refills or volume of beverage made available on the marketnumber of sales packaging for each target. (72)
In view of the continued high consumption levels of plastic carrier bags, inefficient use of resources and their littering potential, it is appropriate to maintain provisions aimed at reaching a sustained consumption reduction of plastic carrier bags, as had already been established by Directive 94/62/EC as amended by the Directive (EU) 2015/720 of the European Parliament and of the Council39. In view of the current divergent approaches and limited reporting requirements on the plastic carrier bags, it is difficult to assess whether the consumption reduction measures taken by the Member States have achieved the objective of a ‘sustained’ reduction in the consumption of such bags and also, if they have not increased the consumption of other types of plastic carrier bags. It is therefore necessary to harmonise a definition of sustained reduction consumption and set a common target as well as introduce new reporting requirements.
need to be taken to reduce the consumption of lightweight plastic carrier bags and assess possible substitution effects with very lightweight plastic carrier bags and thicker plastic carrier bags above 50 microns.39 Directive (EU) 2015/720 of the European Parliament and of the Council of 29 April 2015 amending Directive 94/62/EC as regards reducing the consumption of lightweight plastic carrier bags (OJ L 115, 6.5.2015, p. 11).40
Scoping study to assess the feasibility of further EU measures on waste prevention and implementation of the Plastic Bags Directive. Part II, Implementation of the Plastic Bags Directive, Eunomia (2021), published by the Publication Office of the European Union, 2022. 16946/23
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To achieve a sustained reduction in the consumption of lightweight plastic carrier bags on their territory, The measures by Member States to achieve a sustained reduction in the consumption of lightweight plastic carrier bags on their territory mayshould be able to adopt measures which include banning these types of plastic carrier bags, the use of implementingation of national reduction targets, maintaining or introducing economic instruments as well as other marketing restrictions, provided that these restrictions measures are proportionate and non-discriminatory. Such measures may vary depending on the environmental impact of lightweight plastic carrier bags when they are recovered or disposed of, their composting properties, durability or specific intended use. Provided that the objectives set out in Article 29 are achieved, Member States may implement the provisions set out in Article 29(1) by means of agreements between the competent authorities and the economic sectors concerned.
set under this Regulation, compliance with those requirements should be measured using reliable, accurate and reproducible methods that take into account the generally recognised state-of-the-art methods. (76)
In order to ensure that there are no barriers to trade on the internal market, requirements on packaging sustainability, including on substances of concern in packaging, compostable packaging, packaging minimisation, reusable packaging and systems for re-use should be harmonised at Union level. In order to facilitate conformity assessment with such requirements, including methods for tests, measurement or calculation, it is necessary to provide for presumption of conformity for packaging and packaged products which are in conformity with harmonised standards that are adopted in accordance with Regulation (EU) No 1025/2012 for the purpose of expressing detailed technical specifications of those requirements, especially that the life-cycle of packaging and packaged products, reflect the average range of consumer behaviour and be robust in order to deter intentional and unintentional circumvention.
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should be used as a fall backfall-back solution to facilitate the manufacturer’s obligation to comply with sustainability requirements, for instance where there are undue delays in establishing a harmonised standard. In addition, recourse to this solution should be possible where the Commission has restricted or withdrawn the references to relevant harmonised standards in line with Article 11(5) of Regulation (EU) No 1025/2012. Compliance with common technical specifications adopted by the Commission through implementing acts should also give rise to the presumption of conformity. (78)
In order to ensure uniform conditions for the implementation of the recourse to common technical specifications, the power to adopt implementing acts in accordance with Article
the Commission to lay down, amend or repeal common technical specifications for the requirements on sustainability, labelling and systems for re-use, and to adopt test, measurement or calculation methods. The Commission should take into account the views of relevant bodies or the expert group and should duly consult all relevant stakeholders when preparing the draft implementing acts. (79)
To ensure coherence with other Union law, the conformity assessment procedure should be the internal production control module included in this Regulation based on the modules included in Decision No 768/2008/EC of the European Parliament and of the Council41. (80)
CE marking on packaging should not indicate compliance of the packaging with the requirements of this Regulation but only indicate compliance of the packaged product with the applicable Union product legislation, if relevant. Indeed, Union product legislation typically requires affixing the CE marking concerning the product either on the product itself or on its packaging. Requiring CE marking on the packaging to show compliance with the requirements of this Regulation can lead to confusion and misunderstanding in relation to the question whether the marking refers to the packaging itself or to the packaged product and ultimately to uncertainties about the effective safety and compliance of the concerned packaged products.41
Decision No 768/2008/EC of the European Parliament and of the Council of 9 July 2008 on a common framework for the marketing of products, and repealing Council Decision 93/465/EEC (OJ L 218, 13.8.2008, p. 82). 16946/23
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shown with the EU declaration of conformity. (82)
Manufacturers should draw up an EU declaration of conformity to provide information on the conformity of packaging with this Regulation. Manufacturers may also be required by other Union legislation to draw up an EU declaration of conformity. To ensure effective access to information for market surveillance purposes, a single EU declaration of conformity should be drawn up in respect of all Union acts. To reduce the administrative burden on economic operators, it should be possible for that single EU declaration of conformity to be a dossier made up of relevant individual declarations of conformity. (83)
Regulation (EC) No 765/2008 of the European Parliament and of the Council42 provides a framework for the market surveillance of products and for controls on products from third countries. That Regulation should be applicable to packaging covered by this Regulation in order to ensure that packaging benefiting from the free movement of goods within the Union fulfil requirements providing a high level of protection of public interests such as human health, safety and the environment. (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 to 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.42
Regulation (EC) No 765/2008 of the European Parliament and of the Council of 9 July 2008 setting out the requirements for accreditation and market surveillance relating to the marketing of products and market surveillance relating to the marketing of products and repealing Regulation (EEC) No 339/93 (OJ L 218, 13.8.2008, p. 30). 16946/23
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Despite packaging minimisation requirements and objectives as laid down in Directive 94/62/EC, packaging waste generation has been increasing in absolute terms and on a per capita basis and trends indicate a further steep decline in re-use and refill of packaging amplified by increased on-the-go consumption and e-commerce. As products, materials and consumption patterns have evolved, there has been a significant rise in the use of single use packaging, especially single use plastic. This is linked to the retail landscape, with larger distribution networks, manufacturing and packing products on high-speed packaging lines, which exert a combined downward pressure on the market for re-use and refill. (86)
In order to monitor and verify compliance of producers and producer responsibility organisations with obligations under Extended Producer Responsibility relating to the collection and treatment of waste from their products it is necessary that Member States designate one or more competent authorities. (87)
In order to ensure better, timelier and more uniform implementation of the obligations by Member States and anticipate any implementation weaknesses, a system of early warning reports should be maintained to detect shortcomings and allow taking action ahead of the deadlines for meeting the targets. Extension of this system, which has under Directive 94/62/EC covered the attainment of recycling targets, should include also packaging waste reduction targets to be attained by Member State by 2030 and 2035. (88)
As collection and management of packaging and packaging waste is an important element of waste management in general, Member States should dedicate a separate chapter to this issue in waste management plans prepared in the execution of obligation laid down in Directive 2008/98/EC. As regard to the mMeasures on waste prevention and re-use, theyse should be included in the waste prevention programmes required pursuant to Directive 2008/98/EC be given particular attention. Theose chapters can should be added toincluded in the waste management plan and the waste prevention programme as part of their next regular evaluation as required underspecified in Directive 2008/98/EC, or earlier. 16946/23
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This Regulation builds on the waste management rules and general principles laid down in Directive 2008/98/EC.
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, redesigning products so that no packaging or less packaging can be used, including bulk sales, and by shifting from single use packaging to reusable packaging. (91)
To achieve an ambitious and sustained reduction in the overall packaging waste generation, targets should be laid down for the reduction of packaging waste per capita to be achieved by 2030. Meeting a target of 5 % reduction in 2030 compared to 2018 should entail an overall absolute reduction of approximately 19 % on average across the Union in
generation by 10 %, compared to 2018, by 2035; this is estimated to reduce packaging waste by 29 % compared to the 2030 baseline. In order to ensure that the reduction efforts continue beyond 2030, a reduction target of 10 % from 2018, which would mean a reduction of 29 % compared to baseline, should be set for 2035 and, for 2040, a reduction target of 15 % from 2018, which means a reduction of 37 % compared to baseline should be established.
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provide incentives for the application of the waste hierarchy, including measures to be implemented through extended producer responsibility schemes, and by promoting the setting up and effective operation of systems for re-use and encouraging economic operators to offer the end users further possibilities to refill. Such measures should be adopted in parallel and in addition to other measures under this Regulation aiming at packaging and packaging waste reduction, such as requirements on packaging minimisation, re-use and refill targets, volume thresholds and measures to achieve the sustained reduction of consumption of lightweight plastic carrier bags. A Member State may, 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 waste prevention targets set out in this Regulation. When implementing such measures, Member States should be aware of the risk of a shift from heavier to lighter packaging materials and should prioritise measures that minimise that risk.
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(93) To implement the polluter pays principle, it is appropriate to lay the obligations for the management of packaging waste on producers,. which includes any manufacturer, importer or distributor, who, irrespective of the selling technique used, including by means of distance contracts as defined in Article 2(7) of Directive 2011/83/EU of the European Parliament and of the Council43, makes available packaging for the first time within a territory of a Member States on a professional basis under its own name or trademark.
To this end, this Regulation builds on the extended producer responsibility (EPR) requirements laid down in Directive 2008/98/EC in order to ensure that the EPR system scheme is set upestablished to cover the full waste management costs of packaging and to facilitate adequate controls by the competent authorities. Thise Regulation seeks to clearly define one producer per packaging unit, be it for empty packaging or for packaging containing products.
As a general rule, the producer should be the economic operator located established in the a Member State where who makes the packaging or the packaged product is made available from within the territory of that Member State packaged products for the first time as a manufacturer, importer or distributor established in the Member State. This includes any offer for distribution, consumption, or use which could result in actual supply.
Thus, in the case that a company buys a packaged product from another Member State different from the one where the company is located or from a third country, and supplies this packaged product in that Member State where it is located, that company should be considered the producer as it is the first company making available the packaged product from within the territory of that Member State. With regards to online platforms, the initial offering of a product should be considered as making available in the sense of the producer definition.43
Directive 2011/83/EU of the European Parliament and of the Council of 25 October 2011 on consumer rights, amending Council Directive 93/13/EEC and Directive 1999/44/EC of the European Parliament and of the Council and repealing Council Directive 85/577/EEC and Directive 97/7/EC of the European Parliament and of the Council (OJ L 304, 22.11.2011, p. 64). 16946/23
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However, the definition of producer should take into account which economic operator is best placed to comply with the producer-related obligations, with the aim to minimise any unnecessary administrative burden for small businesses that fill transport packaging, reusable packaging, primary production packaging or service packaging at the point of sale, the definition of producer should take into account which economic operator is best placed to comply with the producer-related obligations, be the manufacturer, distributor or importer of such packaging that makes the packaging available for the first time from within the territory of the Member State, since that economic operator is best placed to comply with the producer-relatedextended producer responsibility obligations.
On the other hand, when the packaging or the packaging or the packaged product is made available by means of distance contracts directly to the end-user, when the producer could also be is established outside the EU in another Member State or in a third country. In these cases, if the producer is established in another Member State, it should appoint an authorised representative for the extended producer responsibility in the Member State where the end user is located. When the producer is established in a third country, Member States may provide that the appointment of an authorised representative for the extended producer responsibility is also mandatory in order to avoid the risk of eluding the extended producer responsibility obligations.
The definition of producer should takes into account, which economic operator is best placed to comply with the producer-related obligations, but should also seeks aim to minimisze any unnecessary administrative burden for small businesses that filling reusable packaging or service packaging at the point of sale. 16946/23
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organisational obligations to ensuring the management of the waste from the packaging they make available for the first time on the market of a Member State, it is necessary that a register is established and managed by the competent authority in each Member State and that producers should be obliged to register. (95)
The registration requirements should be harmonised across the Union to the greatest extent possible so to facilitate registration in particular where producers make packaging available in different Member States. In order to ensure uniform conditions for the implementation of the registration requirements, the power to adopt implementing acts in accordance with Article 291 of the Treatypowers should be delegated toconferred on the Commission to lay down a common format for registration in and reporting to the register, detailing the data to be reported. (96)
In line with the polluter-pays principle expressed in Article 191(2) TFEUof the Treaty, it is essential that the producers placing on the Union market packaging and packaged products take responsibility for their management at their end-of life. It should be recalled that extended producer responsibility schemes need to be established, as provided for in Directive 94/62/EC, by 31 December of 2024, as they are the most appropriate means to achieve this and can have a positive environmental impact by reducing the generation of packaging waste and increasing its collection and recycling. There are wide disparities in the way they are set up, in their efficiency and in the scope of responsibility of producers.
The rules on extended producer responsibility laid down in Directive 2008/98/EC should therefore in general apply to extended producer responsibility schemes for producers of packaging, and be complemented by further specific provisions where this is necessary and appropriate. For example, in order to facilitate the separate collection of packaging waste, the producers shall should finance the labelling of waste receptacles. This isSuch an obligation would be in line with the producer polluter pays principle and the general minimum requirements for EPR
schemes established in Directive 2008/98/EC. 16946/23
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a lex specialis in relation to Directive 2008/98/EC., whichThat means that the provisions related to EPR in where this Regulation has sets out EPR-related provisions, these should prevail over any conflicting provisions in that Directive. This principle concerns, for example, requirements on producer registration, ecomodulation of EPR fees and reporting. Where this Regulation does not provide for a full harmonisation as regards other measures related to EPR or additional rules on non-harmonised topics in relation to EPR, Member States should be able to provide for additional measures, provided such measures are in accordance with Directive 2008/98/EC and consistent both with the national laws transposing that Directive and with this Regulation, without and do not creatinge barriers to the internal market.
The same rule applies as regards separate collection of packaging waste and the labelling of waste receptacles. However, tThis Regulation does not regulate which operator is responsible for the collection of packaging waste and other national contractual arrangements for packaging waste collection.
the producers’ financial contributions as detailed in accordance with theto be laid down in delegated acts referred to in Article 6(4) and (6)adopted in accordance with this Regulation, Member States should be allowed to use other criteria, such as recycled content, reusability, presence of hazardous substances or other criteria in accordance with point (b) of paragraph 4 of Article 8a Directive 2008/98/EC. 16946/23
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Producers should be able to exercise those obligations collectively, by means of producer responsibility organisations taking up the responsibility on their behalf. Producers or producer responsibility organisations should be subject to authorisation by the Member States and should document, inter alia, that they have the financial means to cover the costs entailed by the extended producer responsibility. Member States, when laying down administrative and procedural rules of authorisation of producers for individual and producer responsibility organisations for collective compliance, could differentiate processes for individual producers and producer responsibility organisations to limit the administrative burden on individual producers. It should be recalled that Member States may authorise multiple producer responsibility organisations, as competition among them may lead to greater consumer benefits. Moreover, when establishing measures ensuring that arrangements are to be concluded with distributors, public authorities or third parties carrying out waste management, Member States should allow for preliminary, or similar, agreements, and require that binding agreements are concluded only within a reasonable timeframe after the authorisation.
represented producer’s mandate, the requirements provided in this Regulation concerning such mandates do not apply. On the other hand, as the extended producer responsibility fee charged by the organisation is categorized as public revenue and in order to follow the budgetary rules that require the public revenue to be based on accurate data, the Member State running the organisation may require more frequent reporting of the information set out in Part B and C of Annex IX to the competent authority responsible for the register by the producer than once a year. 16946/23
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This Regulation should specify how the traceability of traders’ obligations laid down in Regulation (EU) 2022/2065 of the European Parliament and of the Council44 lays down rules on the traceability of traders, which more specifically contain obligations for , including Article 30(2) and (3) thereof, are to be applied to providers of online platforms allowing consumers to conclude distance contracts with producers offering packaging to consumers located in the Union in relation to the registers of producers established pursuant to this Regulation.
For the purposes of this Regulation, any producer offering packaging, by means of distance contracts directly to consumers located in a Member State, whether established in a Member State or a third country, should be considered to be afall within the definition of trader as defined inunder Regulation (EU) 2022/2065. In order to prevent free-riding from the extended producer responsibility obligations, it should be specified how such providers of online platforms should fulfil those obligations with regard to the registers of packaging producers established pursuant to this Regulation.
In that context, providers of online platforms, falling within the scope of Section 4 of Chapter III 3 of Regulation (EU) 2022/2065, allowing consumers to conclude distance contracts with producers should obtain, in line with Regulation (EU) 2022/2065, from those producers, information about their compliance with the extended producer responsibility rules set out in this Regulation. The rules on traceability of traders selling packaging online are subject to the enforcement rules set out in Regulatio2022/2065. The provisions as stated in Article 30(2) and (3) of Regulation (EU) 2022/2065 should be applicable in any case. (98a)
Similar undesirable situations of free-riding could occur in relation to fulfilment service providers. This Regulation includes some provisions to prevent them with a similar approach to that of Regulation (EU) 2022/2065 as regards providers of online platforms.44 Regulation (EU) 2022/2065 of the European Parliament and of the Council of 19 October 2022 on a Single Market For Digital Services and amending Directive 2000/31/EC (Digital Services Act) (OJ L 277, 27.10.2022, p. 1). 16946/23
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(98ab) The registers of producers established pursuant to this Regulation is to be considered a public register according to Regulation (EU) 2022/2065. Therefore, providers of online platforms allowing consumers to conclude distance contracts with producers should make the verification ofbest effort to assess whether the information provided by the producers concerned is reliable and complete, in particular by using or verifying freely available official online databases and online interfaces or request the traders concerned to provide trustworthy supporting documents, in accordance with Regulation (EU) 2022/2065 which online platforms allowing consumers to conclude distance contracts with producers are to obtain from producers offering packaging to consumers located in the Union should be carried out in accordance with Regulation (EU) 2022/2065. As far as publicly available data according to this Regulation is concerned, “making best efforts” in the sense of the first subparagraph of Article 30(2) of Regulation (EU) 2022/2065 can usually require a verification of the information provided by the producer with the publicly available data according to this Regulation. In particular, this applies if a Member States has established an online interface for automated
data reconciliation according to this Regulation. (99)
Member States has established an online interface for automated data reconciliation according to this Regulation.
responsibility, rules on separate collection of packaging waste and the labelling of waste receptacles underwhere this Regulation does not provide for a full harmonisation on such measures. Furthermore, it should be possible for Member States to and may also provide further for additional requirements for the implementation of the extended producer responsibility, in accordance with the provisions of Directive 2008/98/EC and of this Regulation, provided such measures do not create barriers on the internal market. This Regulation does not regulate which operator is responsible for the collection of packaging waste and other national contractual arrangements for packaging waste collection.
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they are channelled to the most appropriate waste management alternative, according to the waste hierarchy. The systems should be open for participation for all interested parties, in particular for economic operators and public authorities and be established taking into account the environment and consumer health, safety and hygiene. Return and collection systems should also be applicable for packaging of imported products under nondiscriminatory provisions.
(100a) Member States might have already established separate waste collection and recycling systems, which are the basis for relevant national authorisations and contractual arrangements, when transposing Article 7 of Directive 94/62/EC in national law. Member States can continue to use these systems provided they correctly implement the obligations under this Regulation.
standards for the use of the recycled materials in relevant sectors. This obligation is particularly relevant in view of the minimum percentage set for recycled content in plastic packaging. (102)
It has been shown that well-functioning deposit and return systems ensure a very high collection rate and high-quality recycling, 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 and high-quality recycling 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. 16946/23
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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 for other products or made of other materials 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, to adopt provisions which go beyond the minimum requirements set out in this Regulation., such as the charge of the deposit at the point of sale in the case of consumption in hospitality premises, or the obligation for all final distributors to accept the deposit bearing packaging regardless of the packaging material and format that they distribute or their sale surface area.
systems, deposit and return systems should however not be obligatory for packaging for wine, aromatised wine products and fruit wine, 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 Council45. However, Member States may establish deposit and return systems covering such beverage packaging and also other beverage and non beverage packaging.45
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). 16946/23
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(104a) Sparkling wines, liqueur wines and wines that have been granted geographical indications of origin protected under Union legislation present specific and wellestablished differentiating characteristics which require quality and authenticity standards and particular production practices, such as bottle ageing, which are not compatible with reuse and refilling systems. In addition, the wine sector distribution systems and strong export vocation causes limitations to the effective implementation of reuse and refilling systems. Therefore, packaging of sparkling wines, liqueur wines and wines with Protected Designation of Origin and Geographical Indication should be excluded of the reuse and refilling targets. (105)
By, 1 January 2029, Aall deposit and return systems for single use plastic beverage bottles and single use metal beverage containers established after 1 January 2028 should comply with the general minimum general requirements laid down in this Regulation, with the exception of deposit and return systems established before the entry into force of this Regulation, which achieve the 90 % separate collection target by 1 January 2029. Those requirements will help deliver greater consistency and higher return rates across Member States. They have been set based on stakeholder views, expert analysis and best practices from the existing deposit and return systems. The requirements are designed to allow for innovation while offering a level of flexibility to adapt to local circumstances.
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and return systems should strive for the maximum inter-operability of these systems and cooperate to ease the return of packaging by consumers, in particular in border areas where it is demonstrated that the lack of interoperability is causing lower return rates. The Commission, in consultation with Member States, should be empowered to develop guidelines, including best -practices, for system inter-operability in regions with high transboundary business. High transboundary business refers to business in Member States with common borders carried out in areas close to those borders where significant numbers of commercial transactions concerning packaging covered by mandatory deposit and return systems referred to in Article 44 occur between operators and end users established in different Member States.
a deposit and return system two consecutive calendar years preceding the entry into force of this obligation, may request not to establish a deposit and return system. (107a) Member States may choose to implement the deposit and return scheme at a subnational level, taking into account relevant national administrative divisions and the specific situation of overseas territories, as long as they demonstrate the environmental and economic performance of such scheme, and its full consistency with the 90 % collection rate for single use plastic beverage bottles and metal beverage containers set out in this Regulation. 16946/23
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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. To ease the implementation and managing systems for different packaging formats, Member States are allowed to have a different system operator for the re-use system and another operator for the system for single-use plastic beverage bottles and single use metal beverage containers. However, only one operator per system should be allowed.
(108a) Requirements for collection, sorting, redistribution to fillers and cleaning are of a completely different nature for single use deposit and return systems and for depositbased re-use systems. Therefore, the minimum requirements for deposit and return systems should not apply to deposit-based re-use systems. Requirements specific to the systems for re-use should be applicable instead. (109)
Directive 94/62/EC was amended by Directive (EU) 2018/852 of the European Parliament and of the Council46 setting out recycling targets for Member States to be achieved by 2025 and 2030. These targets and the rules for their calculation should be retained. Furthermore, measures facilitating the attainment of these targets should be set up, such as sustainability requirements for packaging, in particular provisions regarding packaging’s recyclability. For this reason, it should not be possible to postpone the deadlines for attaining the 2030 recycling targets.46 Directive (EU) 2018/852 of the European Parliament and of the Council of 30 May 2018 amending Directive 94/62/EC on packaging and packaging waste (OJ L 150, 14.6.2018, p. 141). 16946/23
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Directive 94/62/EC requires the Commission to review the 2030 recycling targets for packaging with the view to maintaining or, if appropriate, increasing them. However, it is not yet appropriate to amend the targets set for 2030 as evidence shows that some Member States still have difficulties with meeting the existing targets. For this reason, measures encouraging manufacturers to place on the market more recyclable packaging, and thereby helping Member States to achieve the recycling targets, should be set up. In the future, more recyclable packaging, coupled with greater granularity of data on the packaging and packaging waste recycling flows, should be reported to the Commission. That will enable the Commission to review the targets with the possibility of maintaining or increasing them. In order to take account of the effect of the measures aimed at improving the packaging recyclability, the review should not take place earlier than the envisaged general evaluation of the Regulation, i.e. 8 years after its entry into force. During that review, attention should also be paid to the possibility of introducing new targets on a more granular basis than the current targets.
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(111) The calculation of the recycling targets should be based on the weight of packaging waste, which enters recycling. Member States should ensure the reliability and accuracy of the data gathered on recycled packaging waste. As a general rule, the actual measurement of the weight of packaging waste counted as recycled should be at the point where packaging waste enters the recycling operation.
Nevertheless, in order to limit the administrative burden, Member States should, under strict conditions and by way of derogation from the general rule, be allowed to establish the weight of packaging waste recycled on the basis of measuring the output of any sorting operation, to be corrected with average loss rates occurring before the waste enters the recycling operations. Losses of materials which occur before the waste enters the recycling operation, for instance due to sorting or other preliminary operations, should not be included in the waste amounts reported as recycled.
Those losses can be established on the basis of electronic registries, technical specifications, detailed rules on the calculation of average loss rates for various waste streams or other equivalent measures. Member States should report on such measures in the quality check reports accompanying the data which they report to the Commission on waste recycling. The average loss rates should preferably be established at the level of individual sorting facilities and should be linked to the different main types of waste, different sources (such as household or commercial), different collection schemes and different types of sorting processes.
Average loss rates should only be used in cases where no other reliable data are available, in particular in the context of shipment and export of waste. Losses in weight of materials or substances due to physical or chemical transformation processes inherent in the recycling operation where packaging waste is actually reprocessed into products, materials or substances should not be deducted from the weight of the waste reported as recycled. 16946/23
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Where the calculation of the recycling rate is applied to aerobic or anaerobic treatment of biodegradable packaging waste, the amount of waste that enters aerobic or anaerobic treatment can be counted as recycled provided that such treatment generates output which is to be used as a recycled product, material or substance. While the output of such treatment is most commonly compost or digestate, other output could also be taken into account provided that it contains comparable quantities of recycled content in relation to the amount of the treated biodegradable packaging waste. In other cases, in line with the definition of recycling, the reprocessing of biodegradable packaging waste into materials which are to be used as fuels or other means to generate energy, which are disposed of, or which are to be used in any operation that has the same purpose as recovery of waste other than recycling, should not be counted towards the attainment of the recycling targets.
before being actually reprocessed, they should be counted as recycled provided that they are destined for subsequent reprocessing into products, materials or substances, whether for their original or other purposes. End-of-waste materials which are to be used as fuels or other means to generate energy, which are backfilled or disposed of, or which are to be used in any operation that has the same purpose as recovery of waste other than recycling, should not be counted towards the attainment of the recycling targets. (114)
Member States should be enabled to take into account the recycling of metals separated after incineration of waste in proportion to the share of the packaging waste incinerated provided that the recycled metals meet certain quality criteria laid down in Commission Implementing Decision (EU) 2019/100447 laying down rules for the calculation, verification and reporting of data on waste in accordance with Directive 2008/98/EC.
No 1013/2006 of the European Parliament and of the Council48 applies.4748
Commission Implementing Decision (EU) 2019/1004 of 7 June 2019 laying down rules for the calculation, verification and reporting of data on waste in accordance with Directive 2008/98/EC of the European Parliament and of the Council and repealing Commission Implementing Decision C(2012)2384 (OJ L 163, 20.6.2019, p. 66).
Regulation (EC) No 1013/2006 of the European Parliament and of the Council of 14 June 2006 on shipments of waste (OJ L 190, 12.7.2006, p. 1). 16946/23
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As re-use means that no new packaging is placed on the market, reusable sales packaging that is placed on the market for the first time and wooden packaging that is repaired for reuse should be taken into account for the purposes of attaining the respective packaging recycling targets. Member States should be able to use this possibility to calculate adjusted level of recycling targets by taking into account maximum 5 percentage points of the average share, in the preceding three years, of reusable sales packaging placed on the market for the first time and reused as part of a system for re-use. (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. TheyProducers and producer responsibility organisations should also inform consumers that packaging marked as compostable means that the packaging is compostable in industrially controlled conditions in bio-waste treatment facilities and not suitable for home composting.
This Regulation should provide that oOnly packaging listed in this Regulation and marked as home-compostable is suitable for home composting. No packaging is suitable for biodegradation in nature. 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.
or by more innovative means, such as electronic access to websites provided by QR codes affixed to the packaging. 16946/23
65 EN (117a) For labelling of biobased plastic content, tThe Communication from the Commission on an EU policy framework on bio-based, biodegradable and compostable plastics49 (COM 2022/682) refers to plastics as ‘biobased’ points to the raw materials, or feedstock, used for their production. While conventional plastics are made from fossil resources (oil and natural gas), biobased plastics are, fully or partly, made from biomass biobased feedstock. The biomass currently originates mainly from plants grown specifically to be used as feedstock to substitute fossil resources, such as sugarcane, cereal crops, oil crops or non-food sources like wood. Other sources are organic waste and by-products, such as used cooking oil, bagasse and tall oil. Plastics can be fully or partially made from biobased feedstock. Biobased plastics can be both biodegradable and non-biodegradable. (118)
For each calendar year, Member States should provide the Commission with information on attainment of recycling targets. To evaluate the effectiveness of the measures aiming to reduce the consumption of lightweight plastic carrier bags, data on consumption of very lightweight plastic carrier bags and thick plastic carrier bags should also be reported to allow for the assessment whether the consumption of these bags has increased in response to the reduction measures targeting lightweight plastic carrier bags. Providing The provision of data on the annual consumption of very thick carrier bags should be voluntary for the Member States. In order to allow assessing whether the mandatory deposit and return systems to be set up by the Member States are effective, or whether exemptions by Member States from the obligation to set up those systems are justified, it is important to obtain information on the collection rate of such packaging through Member States reporting.
49 https://ec.europa.eu/environment/topics/plastics/bio-based-biodegradable-and-compostable-plastics_en 16946/23
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States should also report data on amounts of recycleding rates of packaging waste per packaging material and type category, amounts of separately collected packaging waste for each packaging category material, and amounts of packaging waste placed made available on the market for the first time on the territory of the Member State per material and packaging type category, and installed capacities of sorting and recycling.
Reporting should be done annually. The Commission should add those data and publish them to monitor their annual evolution annually and facilitate of the recycled at scale packaging waste assessment. (120)
Member States should report data to the Commission electronically and provide it with a quality check report. In addition, data on recycling targets should be accompanied by a report describing measures undertaken in order to establish an effective system of quality control and traceability of packaging waste. 16946/23
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In order to ensure uniform conditions for the implementation of the reporting obligations, the power to adopt implementing acts in accordance with Article 291 of the Treatypowers should be delegated toconferred on the Commission so that the latter can establish rules for calculation and verification of data on attainment of the recycling targets, separate collection rates of packaging covered by the deposit and return system, and data necessary for establishing the methodology for recyclability at scale assessment. This implementing act should also include rules for determination of the amount of packaging waste generated as well as lay down the format for reporting of data. It should also establish the methodology for the calculation of the annual consumption of lightweight plastic carrier bags per person and the format for reporting of this data, as this is necessary to support the monitoring and the full implementation of the substantive requirements related to plastic carrier bags, in particular to ensure disaggregated and mandatory reporting on different categories of plastic carrier bags. This implementing act should replace Commission Decisions (EU) 2018/89650 and 2005/270/EC51.
implementation of the objectives set out in this Regulation, the Member States should establish packaging databases and ensure that they those databases function wellare wellfunctioning.5051 Commission Implementing Decision (EU) 2018/896 of 19 June 2018 laying down the methodology for the calculation of the annual consumption of lightweight plastic carrier bags and amending Decision 2005/270/EC (OJ L 160, 25.6.2018, p. 6).
Commission Decision 2005/270/EC of 22 March 2005 establishing the formats relating to the database system pursuant to Directive 94/62/EC of the European Parliament and of the Council on packaging and packaging waste (OJ L 86, 5.4.2005, p. 6). 16946/23
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to ensure that this Regulation’s expected benefits and contribution to achieving the Union’s climate, energy and circularity objectives are achieved. Therefore, Regulation (EU) 2019/1020 of the European Parliament and of the Council52 setting out a horizontal framework for market surveillance and control of products entering the Union market should apply to packaging for which sustainability requirements are set pursuant to this Regulation. The market surveillance mechanisms laid down inby Regulation (EU) 2019/1020 sets out the requirements for market surveillance relating to the marketing of products and provides for safeguard mechanisms to check compliance with this Regulation in respect of placing on the market of packaging.
environment and human health. In order to better align with the specific nature of sustainability requirements and to ensure that the focus of market surveillance efforts is on non-compliance with such requirements, packaging presenting a risk should, for the purposes of this Regulation, be defined as packaging that, by not complying with a sustainability requirement or because a responsible economic operator does not comply with a sustainability requirement, may adversely affect the environment or other public interests protected by the relevant requirements.52
Regulation (EC) No 765/2008 of the European Parliament and of the Council of 9 July 2008 setting out the requirements for accreditation and market surveillance relating to the marketing of products and market surveillance relating to the marketing of products and repealing Regulation (EEC) No 339/93 (OJ L 218, 13.8.2008, p. 30). Regulation (EU) 2019/1020 of the European Parliament and of the Council of 20 June 2019 on market surveillance and compliance of products and amending Directive 2004/42/EC and Regulations (EC) No 765/2008 and (EU) No 305/2011 (OJ L 169, 25.6.2019, p. 1) 16946/23
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A procedure should exist under which interested parties are informed of measures intended to be taken with regard to packaging presenting a risk. It should also allow market surveillance authorities in the Member States, in cooperation with the relevant economic operators, to act at an early stage with regard to such packaging. In order to ensure uniform conditions for the implementation of this Regulation, the power to adopt implementing acts in accordance with Article 291 of the Treatypowers should be delegated toconferred on the Commission to determine whether national measures in respect of non-compliant products are justified or not. (126)
The market surveillance authorities should have the right to require economic operators to take corrective action on the basis of findings that either packaging is not compliant with sustainability and labelling requirements, or that the economic operator has infringed other rules on the placing or making available on the market of packaging. In order to ensure uniform conditions for the implementation of the requirement on economic operators to take corrective action, the power to adopt implementing powersacts in accordance with Article 291 of the Treaty should be delegated toconferred on the Commission to decide whether a national measure is justified or not. (127)
In case of human health concerns, the market surveillance authority should shall not evaluate a risk to human or animal health originating from the packaging material, if transferred to the packaged content of the packaging material, but alert the authorities, competent for controlling the risks and appointed pursuant to Regulation (EU) 2017/625 of the European Parliament and of the Council 74 , Regulation (EU) 2017/745, Regulation (EU) 2017/746, Directive 2001/83/EC or Regulation (EU) 2019/6. 16946/23
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(128) Public procurement amounts to 14 % of the Union’s GDP.
In order tTo contribute to the objective of reaching climate neutrality, improving energy and resource efficiency and transitioning to a circular economy that protects public health and biodiversity, the power to adopt acts in accordance with Article 290 TFEUof the Treaty implementing acts should be conferred on delegated to the Commission, which may exercise it as necessary, to require, where appropriate, contracting authorities and entities as defined in Directive 2014/24/EU of the European Parliament and of the Council53 and Directive 2014/25/EU of the European Parliament and of the Council54, to align their procurement with specific minimum mandatory green public procurement requirements, to be set out in the implementing acts adopted pursuant to this Regulation criteria or targets.
Compared to a voluntary approach, mandatory requirements criteria or targets should ensure that the leverage of public spending to boost demand for better performing packaging is maximised. The Commission shall should adopt delegated implementing acts in accordance with Article 58 supplementing this Regulation by establishing minimum mandatory green public procurement requirements. The requirements criteria should be transparent, objective and non-discriminatory. Requirements smayhould refer to technical specifications, selection criteria or, contract award criteria and or contract performance clausesconditions and not necessarily be required cumulative.
Contracting authorities and entities should be able tomay, 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 green public procurement requirements set outlaid down in Article 57this Regulation.
that do not relate to the determination whether measures taken by Member States in respect of non-compliant packaging are justified or not should be exercised in accordance with Regulation (EU) No 182/2011.5354
Directive 2014/24/EU of the European Parliament and of the Council of 26 February 2014 on public procurement and repealing Directive 2004/18/EC (OJ L 94, 28.3.2014, p. 65). Directive 2014/25/EU of the European Parliament and of the Council of 26 February 2014 on procurement by entities operating in the water, energy, transport and postal services sectors and repealing Directive 2004/17/EC (OJ L 94, 28.3.2014, p. 243). 16946/23
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When it comes to packaging entering the Union market, priority should be given to cooperation in the market between market surveillance authorities and economic operators. Therefore, whereas they may concern any packaging entering the Union market, interventions by authorities designated pursuant to Article 25(1) of Regulation (EU) 2019/1020 should focus primarily on packaging subject to prohibition measures taken by market surveillance authorities. In case they take such prohibition measures, and they are not restricted to the national territory, market surveillance authorities should communicate to authorities designated for the controls on packaging entering the Union market the details necessary for the identification of such non-compliant packaging at the borders, including information on the packaged products and the economic operators to enable a risk-based approach for products entering the Union market. In such cases, customs will aim at identifying and stopping this packaging at the borders.
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it is necessary to allow for an automated data transfer between the Information and Communication System on Market Surveillance (ICSMS) and customs systems. Two different data transfers should be distinguished in view of their respective purposes. Firstly, prohibitions measures decided by market surveillance authorities further to the identification of non-compliant packaging should be communicated from ICSMS to customs for use by authorities designated for controls at external borders to identify packaging that may correspond to such a prohibition measure. The electronic Electronic System Customs Risk Management Control System (CRMS) set out in Article 36 of Commission Regulation (EU) 2447/2015, without prejudice to any future evolution of the customs risk management environment, should be used for those first data transfers.
Secondly, where customs authorities identify non-compliant packaging, case management will be necessary to, among others, transfer the notification of the suspension, the conclusion of market surveillance authorities and the outcome of the actions taken by customs. The EU Single Window Environment for customs
supports those second data transfers between ICSMS and national customs systems.
Single Window Environment for customs supports those second data transfers between ICSMS and national customs systems. 16946/23
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communication between the market surveillance authorities and the customs authorities, the power to adopt implementing acts the power to adopt implementing acts in accordance with Article 291 of the Treaty should be delegated to the Commission to specify the procedural rules and the details of the implementation arrangements, including the functionalities, data elements and data processing, as well as the rules on the processing of personal data, confidentiality and controllership for that interconnection. (133)
When adopting delegated acts pursuant to Article 290 of the Treaty, the Commission should carry out appropriate consultations during its preparatory work, including at expert level, and those consultations should be conducted in accordance with the principles laid down in the Inter-institutional Agreement of 13 April 2016 on Better Law-Making55 . In particular, to ensure equal participation in the preparation of delegated acts, the European Parliament and the Council receive all documents at the same time as Member States’ experts, and their experts systematically have access to meetings of Commission expert groups dealing with the preparation of delegated acts. When developing these delegated acts, the Commission should take into account scientific or other available technical information, including relevant international standards.
and enforced and that they are subject to subject to appropriate market surveillance, Regulation (EU) 2019/1020 should be amended to include Directive (EU) 2019/904 into its scope. The requirements the requirements related to the plastic recycled plastic content for plastic beverage bottles as of 1 January 2030 should be deleted from Directive (EU) 2019/904, as this matter is exclusively regulated by this Regulation. The corresponding reporting obligations should also be deleted.55 OJ L 123, 12.5.2016, p. 1–14. 16946/23
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(134a) This Regulation establishes general rules applying to all packaging. However, certain single-use plastic products covered by Directive (EU) 2019/904, such as plastic carrier bags, beverages cups, food and beverage containers, including bottles, are considered to be packaging (i.e. plastic carrier bags, beverages cups, food and beverage containers, including bottles). Directive (EU) 2019/904 is a lex specialis in relation to this Regulation. In the event of a conflict between Directive (EU) 2019/904 and this Regulation, Directive (EU) 2019/904 should prevail within the scope of its application.
Article 4 of Directive (EU) 2019/904 requires Member States to take measures to reduce the consumption of certain single-use plastic products, including marketing restrictions. Because Directive (EU) 2019/904 is a lex specialis in relation to this Regulation, sSuch marketing restrictions adopted by the Member States pursuant to Directive (EU) 2019/904 should apply and prevail over any conflicting provisions in this Regulation. As a consequence, it should not be possible for Member states to adopt an exemption from the ban in Article 5 in Directive (EU) 2019/904 on placing packaging made of expanded polystyrene on the market.
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75 EN Article 22 of tThis Regulation provides a restriction on the placing on the market of plastic products listed in Annex V point 3 thereto, while Article 4 of Directive (EU) 2019/904 allows the Member States to take the necessary measures to achieve reduction in the consumption of those single-use plastic products.
Since such national implementing measures under Directive (EU) 2019/904 can be less restrictive than a ban on the placing on the market, this Regulation should prevail over Directive (EU) 2019/904 as regards such products falling within the definition of packaging, in order to boost the reduction of single use plastic packaging and reduce the amount of single use plastic packaging in the environment, it is deemed necessary to establish stricter measures than those which can be adopted pursuant to Directive (EU) 2019/904. Therefore this Regulation should prevail over Directive (EU) 2019/904 as regards such products.
As a consequence, it should not be possible for Member States to adopt an exemption from the ban in Directive (EU) 2019/904 on placing packaging made of expanded polystyrene on the market. [In addition, Article 26, paragraphs (2) and (3), and Article 45(4) 26, paragraph (15a) under of this Regulation should prevail over Directive (EU) 2019/904 as regards such products in scope, for the same reasons.] To reflect this, Directive (EU) 2019/904 should be amended accordingly. (134bis) As this Regulation does not regulate the recycled content in the plastic part in packaging before 1 January 2030, provisions regarding requirements for recycled content for plastic beverage bottles in Directive (EU) 2019/904 should remain in force before until this that date. (135)
To enhance public trust in packaging placed on the market, in particular as regards compliance with sustainability requirements, the economic operators placing noncompliant packaging on the market or who do not comply with their obligations should be subject to penalties. It is therefore necessary that Member States lay down effective, proportionate and dissuasive penalties in national law for failure to comply with this Regulation. 16946/23
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The Commission should carry out an evaluation of this Regulation. Pursuant to paragraph
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. (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. (138)
In order to meet those commitments and establish an ambitious yet harmonised framework on packaging, it is necessary to adopt a Regulation establishing requirements on packaging over its entire life-cycle. Directive 94/62/EC should therefore be repealed. 16946/23
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the organisation of the authorisation procedures by the competent authorities, while keeping continuity for economic operators, the application of this Directive Regulation should be deferred. (140)
Directive 94/62/EC should be repealed with effect from the date of application of this Regulation. However, in order to ensure a smooth transition and continuity until new rules are adopted by the Commission under this Regulation, and to provide for continuity in the application of the system of own resources of the Union with regard to the own resource basesd on non-recycled plastic packaging waste, certain obligations under that Directive related to labelling, recycling targets and the transmission of data to the Commission should remain in force for a certain period of time. (141)
Since the objectives of this Regulation, namely to improve the environmental sustainability of packaging and to ensure the free movement of packaging in the internal market, cannot be sufficiently achieved by the Member States but can rather, by reason of its scale and effects, only be better achieved at Union level, the Union may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty on European Union. In accordance with the principle of proportionality, as set out in that Article, this Regulation does not go beyond what is necessary in order to achieve that objective,
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1.
This Regulation establishes requirements for the entire life cycle of packaging as regards environmental sustainability and labelling, to allow its placing on the market, as well as for the extended producer responsibility, collection, and treatment, including and recycling of packaging waste.
harmonising national measures on packaging and packaging waste in order to avoid obstacles to trade, the distortion and restriction of competition within the Union, while preventing or reducing the adverse impacts of packaging and packaging waste on the environment and human health, on the basis of a high level of environmental protection. 3.
This Regulation contributes to the transition to a circular economy, by laying down measures in line with the hierarchy of waste in accordance with Article 4 of Directive 2008/98/EC.
packaging waste, whether such waste is used in or originates from industry, other manufacturing, retail or distribution, offices, services or households. 16946/23
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This Regulation applies without prejudice to the provisions of the Directive 2008/98/EC as regards the management of hazardous waste as well as without prejudice to Union regulatory requirements for packaging such as those regarding safety, quality, the protection of health and the hygiene of the packed products, or to transport requirements., as well as without prejudice to the provisions of the Directive 2008/98/EC as regards the management of hazardous waste. However where this Regulation conflicts with Directive 2008/68/EC, Directive 2008/68/EC shall prevail.
(1)
‘packaging’ means an items, irrespective of the of any materials from which it
is made, that are is intended to be used by an economic operator for the containment, protection, handling, delivery or presentation of products between economic operators or from an economic operator to another economic operator or to an end-user and that can be differentiated into packaging formats based on their its function, material and design, including:
throughout its lifetime without being an integral part of the product which is are is intended to be used, consumed or disposed of together with the product; (b)
a components of, and ancillary elements to, an item referred to in point
(a) that are is integrated into the item; 16946/23
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directly on, or attached to, the product and that performs a packaging function without being an integral part of the product and which is are is intended to be used, consumed or disposed of together with the product;
dispense the product, provided that they perform a packaging function, also referred to as ‘service packaging’.
point of sale and, provided that they which performs a packaging function; (f)
a tea, or coffee or other beverage bags necessary to that contains a tea, or coffee or other beverage product, hasve a filter function and are is intended to be used and disposed of together with the product;
use in a machine to brew the beverage, and which is necessary to contain a coffee or tea product and intended to be used and disposed of together with the product; (1a)
‘take-away packaging’ means service packaging purchased filled at attended
points of sale, includingwith cold or hot beverages filled into a container at the final distributor andor ready-prepared food filled into a container at the final distributor, that is packaged for transportation andintended for immediate consumption at another location without the need for any further preparation, and typically consumed from the receptaclepackaging;
used as packaging for unprocessed products from primary production as defined in Regulation (EC) No 178/2002. 16946/23
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‘sales packaging’ means packaging conceived so as to constitute a sales unit
consisting of products and packaging to the final user end user or consumer at the point of sale;
a certain number of sales units at the point of sale, irrespective of whether the latterthat grouping of sales units is sold as such to the end-user or whether it serves only as a means to facilitate the restocking of replenish the shelves at the point of sale or to create a stock-keeping or distribution unit, and which can be removed from the product without affecting its characteristics; (4)
‘transport packaging’ means packaging conceived so as to facilitate handling and
transport of one or more a number of sales units or grouped a grouping of packagessales units, including e-commerce packaging but excluding road, rail, ship and air containers, in order to prevent damage to the product from physical handling and transport, damage but excluding road, rail, ship and air containers;
the context of sale online or through other means of distance sales to the end user;
distribution, consumption or use on the Union market in the course of a commercial activity, whether in return for payment or free of charge; (7)
‘placing on the market’ means the first making available of a packaging on the
Union market;
distributors, authorised representatives, final distributors, and fulfilment service providers; 16946/23
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‘manufacturer’ means any natural or legal person who, under its own name or
trademark, manufactures packaging or a packaged product, under its own name or trademark, or who . In case a natural or legal person has packaging or a packaged product designed or manufactured under its own name or trademark, regardless of whether any other trademarks is visible on the packaging or on the packaged product, it shall be considered the
‘manufacturer’ instead of the person who manufactures the packaging or the
packaged product, except in the case of the paragraph below. and uses that packaging for the containment, protection, handling, delivery or presentation of products under its own name or trademark, without it having been placed on the market previously; In case of transport packaging, reusable packaging, primary production packaging or service packaging, if the natural or legal person which has the packaging designed or manufactured under its own name or trademark falls under the definition of micro-enterprise in accordance with Commission Recommendation 2003/361/EC as publicly available on [OP: Please insert the date = the date of entry into force of this Regulation], and the provider of the packaging is located in the same Member State, then the provider of
the packaging shall be considered the manufacturer.
is located in the same Member State, then the provider of the packaging shall be considered the manufacturer. 16946/23
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the selling technique used, including by means of distance contracts as defined in Article 2(7) of Directive 2011/83/EU, makes available packaging for the first time within a territory of a Member States on a professional basis under its own name or trademark; alternatively, is one of the followingeither: (i)
is established in a Member State and makes available for the first time from within the territory of that Member State manufactures and on that same territory transport packaging, service packaging, reusable packaging or primary production packaging;, or; reusable packaging under its own name or trademark, or has service packaging or reusable packaging designed or manufactured and makes it available for the first time under its own name or trademark, within the territory of that Member State; (ii)
is established in a Member State and makes available for the first time from within the territory of that Member State and on that same territory a packaged products packaged in packaging other than any of the above those listed in paragraph (i); or under its own name or trademark for the first time within the territory of that Member State;, with the exceptions of service packaging and reusable packaging where
(i) applies; 16946/23
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(iii) is established in a Member State and makes available packaging or packaged products for the first time in this Member State, from a third country or from another Member State; or
(iiiv) is established in a Member State or in a third country and makes packaging or transport packaging, service packaging, reusable packaging or primary production packaging or packaged products packaged in packaging other than those mentioned above available for the first time within the territory of another Member State, by means of distance contracts directly to end-users. distance contracts directly to end- –users. in a Member State, and is established in another Member State or in a third country. (11)
‘supplier’ means any natural or legal person who supplies packaging or packaging
material to a manufacturer who uses this packaging for the containment, protection, handling, delivery or presentation of products under its own name or trademark;
places packaging, or a packaged product, from a third country on the Union market;
manufacturer or importer, who makes a packaging, or a packaged product, available on the market; 16946/23
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‘authorised representative’ means any natural or legal person established in the
Union who has received a written mandate from the manufacturer to act on its behalf in relation to specified tasks with regard to the manufacturer’s obligations under this Regulation; (15)
‘authorised appointed representative for the extended producer responsibility’
means a legal or natural or legal person established in a Member State where the producer makes packaging available on the market for the first time, other than the Member State or the third country where the producer is established and who is appointed by the producer in accordance with third subparagraph of Article 8a(5) of Directive 2008/98/EC for fulfilling the obligations of that producer under Chapter VII of this Regulation;
products that can be purchased through refill to the end user; (17)
‘consumer’ means any natural persons who are is acting for purposes which are
outside their trade, business or profession;
to whom a product has been made available either as a consumer or as a professional end user in the course of its industrial or professional activities and who no longer makes this that product further available on the market in the form supplied to it;
materials, excluding materials used for labels, closures and sealing, which cannot be separated manually and which therefore form a single integral unit; 16946/23
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‘packaging waste’ means any packaging or packaging material falling within the
definition of waste laid down in Article 3 of Directive 2008/98/EC, with the exception of production residues;
packaging or packaging material has become packaging waste and that reduce the quantity of packaging waste, so that less or no packaging is required to contain, protect, handle, deliver or present products, including measures as regards the re-use of the packaging and measures to extend the life of the packaging before it becomes waste;.
same purpose for which it was conceived; (23)
‘single-use packaging’ means packaging which is not reusable packaging;
it is placed on the market together with the products it is intended to contain, protect, handle, deliver or present, to the moment it is ready for being reused in a system for re-use with a view to it being supplied again to the end users together with the another products;;
unloading, as part of a rotation or on its own; (26)
‘systems for re-use’ means organisational, technical, /or financial arrangements,
which enable the re-use either in a closed loop or open loop system. Deposit It includes deposit and return systems, when they ensure that packaging is collected for re-use, are considered as part of a system for re-use; 16946/23
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to restore a reusable packaging to a functional state for the purpose of its re-use; (28)
‘refill’ means an operation by which an end user’s fills its own container, which
fulfils the packaging function, is filled by the end user or by the final distributor with a product or several products offered by the final distributor in the context of a commercial transaction;
products that can be purchased through refill;
to NACE Rev. 2 – Statistical classification of economic activities56; (30a)
‘´sales area’´ means the area given to the display of goods offered for sale, to
the payment thereof, and to the stay and circulation of customers. This does not include the areas, which are not open to the public, such as storage areas, or other areas where products are not displayed, such as car parks. In the context of e-commerce packaging, the storage and dispatch area shall be considered as sales area;
components of packaging, in order to ensurethat ensures its the recyclability of the packaging with established state-of-the-art collection, sorting and recycling processes proven in an operational environment;56
NACE Rev. 2 - Statistical classification of economic activities - Products Manuals and Guidelines - Eurostat (europa.eu); Accommodation and food service statistics - NACE Rev. 2 - Statistics Explained (europa.eu) 16946/23
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designed for recycling and leads to, after being recycled at scale, sufficient quality compared to the original material to substitute primary raw material,. expressed as a performance grade as set out in Table 2 in Annex II. (32)
‘packaging waste recycled at scale’ means: packaging waste which is
separately collected, sorted and recycled in installed infrastructure, using established processes proven in an operational environment which ensure at EU level an annual quantity of recycled material under each packaging category listed in table 1a Annex II, equal or greater than 30% for wood and 55% for all other materials. recycling targets set out in Article 46 (1)(d), referring to the mass of each packaging category, listed in table 1 Annex II, as placed on the market by 2035:
This includes such packaging waste exported from the Union for the purpose of waste management which can be considered as meeting the requirements of Article 47(12).
accepted for recyclinged in through installed state-of-the-art infrastructure and established processes in actual systems proven in an operational environment, covering at least 75 % of the Union population of where the packaging is placed on the market. This includesing such packaging waste exported from the Union which can be considered as meeting that meets the requirements of Article 47(512); 16946/23
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The packaging waste shall be accepted for recycling by the Producer Responsibility Organisations, to be proven as recycled in installed infrastructure and established processes in an operational environment. In the case of individual compliance with extended producer responsibility obligations, producers shall accept the packaging waste for recycling.
The packaging placed on the market under condition i shall refer to average quantities over the last three years as reported according to Article 50(2). (ii)
For packaging formats, recycled through recycling technologies not reaching 75% as described under (i), collecting, sorting, and recycling is proven to work in practice and at scale for a maximum period of 10 years, when such sorting and recycling processes are available at the Technology Readiness Level 9 as defined by ISO 16290:2013. After the elapsing of such period, packaging is recycled at scale under the conditions outlined in point (i). (32a)
‘“material recycling”’ means any recovery operation, by which waste
materials are reprocessed into materials or substances whether for the original or other purposes, with the exception of biological treatment of waste, reprocessing of organic material, energy recovery, and reprocessing into materials that are to be used as fuels or for backfilling operations.
(32b) ‘“High-quality recycling”’ means any recycling process by virtue of which produces recycled materials , based on preserved technical characteristics, that are of equivalent quality to the original materials, based on preserved technical characteristics, and can be is used as a substitute to primary raw materials for packaging or similar applications other applications where the quality of the recycled material is retained. 16946/23
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‘packaging category’ means a combination of material and specific packaging
design, which determines the recyclability by reference to with the established state of the art collection, sorting and recycling processes; proven in an operational environment and is relevant for the definition of the design for recycling criteria;
the main body of the packaging unit, and may be of a different material, but that is integral to the packaging unit and its functioning, and does not need to be separated from the main packaging unit in order to for the product to be consumed the product and is typically discarded at the same time as the packaging unit, although not necessarily in the same disposal route; (35)
‘separate component’ means a packaging component that is distinct from the
main body of the packaging unit, which may isbe of a different material, that needs to be disassembled completely and permanently from the main packaging unit in order to access the product, and that is typically discarded prior to and separately from the packaging unit, and covers packaging c. Components are also considered separate in cases where they cthat can be separated from each other simply through mechanical stress during transportation or sorting; (36)
‘unit of packaging’ means a unit as a whole, including any integrated or separate
components, which together serve a packaging function such as the containment, protection, handling, delivery, storage, transport and presentation of products, and including independent units of grouped or transport packaging where they are discarded prior to the point of sale; 16946/23
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‘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;
recycling processes and that can substitute primary raw materials;
products that have been placed on the market; (40)
‘contact sensitive packaging’ means packaging that is intended to be applied to
products used in any packaging applications in the scope of Regulations: (EC) No 1831/2003, (EC) No 1935/2004, (EC) No 767/2009, (EC) No 2009/1223, (EU) 2017/745, (EU) 2017/746, (EU) 2019/4, (EU) 2019/6, Directive 2001/83/EC, or Directive 2008/68/EC or for products as defined in Article 1 and 2 of Commission Decision (EU)2023/1809; (41)
‘compostable packaging’ means packaging that biodegrades in industrially
controlled conditions,or is capable of undergoing physical, chemical, thermal or biological decomposition only in industrially controlled conditions, including anaerobic digestion, resulting ultimately in conversion such that most of the finished compost ultimately decomposes into carbon dioxide or methane, in the absence of oxygen, methane, mineral salts, biomass and water, according to Article 47(48), and does not hinder or jeopardise the separate collection and the composting or and anaerobic digestion process or activity into which it is introduced in industrially controlled conditions in bio-waste treatment facilities; 16946/23
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‘home compostable packaging’ means packaging that can biodegrade in noncontrolled conditions compared tothat are not industrial scale composting
facilities and the composting process of which is performed by private individuals or communities with the aim of producing compost for their own
biological resources such as biomass feedstock, organic waste or by-products. Biobased plastic can be both, biodegradable or non-biodegradable. regardless irrespective of whether they the plastics themselves are biodegradable or not.
Annex to Directive (EU) 2019/904; (43)
‘plastic’ means a material consisting of a polymer within the meaning of Article
3, point (5), of Regulation (EC) No 1907/2006, to which additives or other substances may have been added, and which is capable of functioning as a main structural component of packaging, with the exception of natural polymers that have not been chemically modified;
which are supplied to consumers at the point of sale of products;
below 50 microns; 16946/23
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thickness below 15 microns; (47)
‘thick plastic carrier bags’ means plastic carrier bags with a wall thickness
between 50 and 99 microns;
above 99 microns;
example containers, bins and bags used to store and collect waste;
filled product, that is collected from the end user when purchasing such packaged or filled product, that is covered by a deposit and return system in a given Member State and redeemable when the end user returns the deposit bearing packaging is returned to a collection point established for that purpose in that Member State; (51)
‘deposit and return system’ means a system, in which a deposit is charged to the
end user when purchasing a packaged or filled product covered by this that system, and redeemed to the end user when the deposit bearing packaging is returned to a collection point established for that purpose;
to be fulfilled by a product, process or service; 16946/23
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(c) of Regulation (EU) No 1025/2012; (54)
‘conformity assessment’ means the process demonstrating whether the
sustainability, safety, labelling and information requirements of this Regulation, relating to a packaging, have been fulfilled;
financially and operationally organises the fulfilment of extended producer responsibility obligations on behalf of several producers; (56)
‘life-cycle’ means the consecutive and interlinked stages that packaging goes
through, from raw material acquisition or generation from natural resources to final disposal packaging waste managementof a packaging’s life, consisting of raw material acquisition or generation from natural resources, preprocessing, manufacturing, storage, distribution, use, repair, re-use, and endof-life;.
requirement set out in or pursuant to this Regulation other than those listed in Article 56(1), may might adversely affect the environment or other public interests protected by that requirement; (58)
‘packaging presenting a serious risk’ means a packaging presenting a risk for
which, based on an assessment, the degree of the relevant non-compliance or the associated harm is considered to require rapid intervention by the market surveillance authorities, including cases where the effects of the non-compliance are not immediate; 16946/23
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Regulation (EU) 2022/2065;
with the exception of rReusable packaging conveyed sent to reconditioning is not considered to be waste; (61)
‘public contracts’ means public contracts as defined in Article 2, point (5), of
Directive 2014/24/EU or as referred to in Directive 2014/25/EU;
apply:
collection’, ‘extended producer responsibility scheme’, ‘preparing for re-use’, and
‘recycling’, laid down in Article 3 points (9), (10), (11), (21), (16) and (17) of
Directive 2008/98/EC apply; 16946/23
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The definitions of ‘market surveillance’, ‘market surveillance authority’,
‘fulfilment service provider’, ‘corrective action’, ‘recall’, ‘withdrawal’ and ‘risk’,
laid down in Article 3 points (3), (4), (11), (16), (22), (23) and (18) of Regulation (EU) 2019/1020; apply.
Aarticle [2 points (28) and (30)] of Regulation [Ecodesign for sustainable products] shall apply.;
(1), is set out in Annex I.
2.
Member States shall not prohibit, restrict or impede the placing placing making available on the market for the first time within the territory of a Member State of packaging that complies with the sustainability, labelling and information requirements set out in Articles 5 to 110 of this Regulation.
that complies with the labelling and information requirements set out in Article 11 of this Regulation. 4.
In case If Member States choose to maintain or introduce national sustainability requirements or information requirements additional to those laid down in this Regulation, those requirements shall not conflict with those laid down in this Regulation. and the Member States shall not prohibit, restrict or impede the placing making available on the market for the first time within the territory of a Member State of packaging that complies with the requirements under this Regulation for reasons of non-compliance with those national requirements. 16946/23
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In addition to the labelling requirements laid down in Article 11, Member States may provide for further labelling requirements, for the purpose of identifying a deposit and return system or by means of standardised digital marking technology the extended producer responsibility scheme or a deposit and return system other than those referred to in Article 44(1). Member States shall not prohibit the affixing of labels related to deposit and return system in place in other Member State. 6.
At trade fairs, exhibitions or similar events, Member States shall not prevent the showing of packaging, which does not comply with this Regulation, provided that a visible sign clearly indicates that such packaging does not comply with this Regulation and that it is not for sale until it has been brought into conformity.
1.
Packaging placed on the market shall be so manufactured that the presence and concentration of substances of concern as constituents of the packaging material or of any of the packaging components is minimised, including with regard to their presence in emissions and any outcomes of waste management, such as secondary raw materials, ashes or other material for final disposal.
shall prepare a report on the presence of substances of concern in packaging and packaging components, to determine the extent to which they negatively affect the reuse and recycling of materials or impact chemical safety. 16946/23
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The Commission shall submit the report to the European Parliament, to the Council and to the Committee referred to in Article 59 of this Regulation, detailing its findings and shall consider the appropriate follow-up measures, including:
health or the environment, the use of the procedures referred to in Article 68(1) and (2) of Regulation (EC) No 1907/2006 to adopt new restrictions;
affect the re-use and recycling of materials in the packaging in which they are present, the establishment of restrictions as a part of design for recycling criteria in accordance with Article 6(4) of this Regulation.,
If a Member State considers that a substance negatively affects the re-use and recycling of materials in the packaging in which it is present it shall, by 31 December 2025, supply such information to the Commission and the European Chemicals Agency and, where available, refer to the relevant risk assessments or other relevant
Member States may ask, based on the evidence from competent authorities appointed in accordance with Regulation (EC) No 1907/2006 or Regulation (EC) No. 1935/2004,request the Commission to assess the impactconsider restricting of the use of substances of concern that potentially negatively affect the re-use and recycling of materials in the packaging, for reasons other than primarily thical safety, in which they are present, for reasons other than those related primarily to their chemical safety ,under the provision of Article 6(4)(a). Member States shall accompany such requests with a report documenting the identity and uses of the substance and a description of how the use of the substances in packaging hinders recycling, for reasons other than those related primarily to chemical safety. The Commission shall evaluate the request and present the results of this evaluation shall be presented to the Committee referred to in Article 59 of this Regulation.
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(EC) No 1907/2006 or, where applicable, to the restrictions and specific measures on food contact packaging materials and articles in Regulation (EC) No 1935/2004, the sum of concentration levels of lead, cadmium, mercury and hexavalent chromium resulting from substances present in packaging or packaging components shall not exceed 100 mg/kg.
technical documentation drawn up in accordance with Annex VII. 4.
Recyclability requirements established in delegated acts adopted pursuant to Article 6(5) shall not restrict the presence of substances in packaging or packaging components for reasons relating primarily to chemical safety. They shall address, as appropriate, substances of concern that negatively affect the re-use and recycling of materials in the packaging in which they are present, and shall, as appropriate, identify the specific substances concerned and their associated criteria and limitations. 5.
In order to take account of the scientific and technical progress, the Commission may adopt delegated acts in accordance with Article 58, to amend this Regulation in order to:
(a) lower the sum of concentration levels of lead, cadmium, mercury and hexavalent chromium resulting from substances present in packaging or packaging components referred to in paragraph 2; 16946/23
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In order to take account of the scientific and technical progress, the Commission may adopt delegated acts in accordance with Article 58, to supplement this Regulation in order to (b)determine the conditions under which the concentration level referred to in paragraph 2 shall not apply to recycled materials and or to product loops, which are in a closed and controlled chain, as well as to determine the packaging types or formats of packaging, based on the packaging categories listed in Table 1 of Annex II, which shall be exempted from the requirements laid down in that paragraph. Such delegated acts shall be justified on the basis of a case by case analysis, time-limited, provide for appropriate marking and information requirements, and contain requirements for regular reporting in order to ensure that the exemption is regularly reviewed. Delegated acts adopted in accordance with this paragraph shall only be adopted to amend exemptions established in Commission Decisions 2001/171/EC and Commission Decision 2009/292/EC.
Regulation], the Commission shall carry out an evaluation to assess whether this Article and design for recycling criteria set out in accordance with Article 6(4) have contributed sufficiently to minimising the presence and concentration of substances of concern as constituents of packaging materials.
All packaging placed on the market shall be recyclable.
conditions: (a)
it is designed for material recycling which enables the circularity use of resulting secondary raw materials that are of sufficient quality when compared to the original material that it can be used for to substitute primary raw materials for packaging applications, in accordance with paragraph 3 4 (a);. Packaging that is in compliance with the delegated implementing acts adopted pursuant to paragraph 4 shall be deemed to comply with this condition.
methodology set out in accordance with paragraph 6, including that and it can be is effectively and efficiently separately collected in accordance with Article 43(1) and, (2) and (5); and (c)
it can be is sorted into defined waste streams without affecting the recyclability of other waste streams; and
materials are of sufficient quality compared to the original material and can be used to substitute the primary raw materials for packaging application; 16946/23
102 EN (ec b) it can be recycled at scale. When it becomes waste, it can be is effectively and efficiently separately collected in accordance with Article 43(1) and (2) and (5); and (c)it can be is sorted into defined specific waste streams without affecting the recyclability of other waste streams; and it can be recycled at scale, on the basis of the methodology set out in accordance with paragraph 6.
Packaging that is in compliance with the delegated implementing acts adopted pursuant to paragraphs 4 and 6, it shall be considered deemed to comply with respective both conditions set out in this paragraph. 2a.
Paragraph 2, point (a), shall apply from 1 January 2030 or two years after the date entry into force of the delegated implementing act referred to in paragraph 4, whichever is the latest. and packaging that is in compliance with the delegated acts adopted pursuant to paragraph 4 shall be deemed to comply with this condition.
Paragraph 2, point (b), shall apply from 1 January 2035 or five years after the date entry into force of the delegated implementing act referred to in paragraph 6, whichever is the latest. and packaging that is in compliance with the delegated acts adopted pursuant to paragraphs 4 and 6, it shall be considereddeemed to comply with respective both conditions set out in paragraph 2 from that year.
Packaging that does not comply with the requirements under paragraph 2(b) may be placed on the market for a maximum period of 5 years from the calendar year in which it cannot be recycled at scale unless such packaging fulfils these requirements within this period of time.
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criteria as laid down in the acts adopted pursuant to paragraph 4 and, from 1 January 2035, also with the recyclability at scale requirements laid down in the delegated acts adopted pursuant to paragraph 6. Where such packaging complies with those delegated acts, it shall be considered to comply with the conditions set in paragraph 2., points (a) and I(e) The manufacturer, in accordance with Article 13, shall assess packaging recyclability on the basis of the delegated implementing acts pursuant to paragraphs 4 and 6.
Packaging recyclability shall be expressed in the recyclability performance grades A, B or C described in Table 2 of Annex II. Without prejudice to paragraph 9, by 1 January 2030, packaging shall not be placed on the market unless it is recyclable within grades A B or C.
pursuant to paragraphs 4 and paragraph 6, respectively, shall establish:
Table 1 of Annex II;
recyclability performance grades from A to EC, as described in Table 2 of Annex II, based on the percentage of the packaging unit, in weight, including material-specific criteria and sorting efficiency to define determine whether a packaging is recyclable according tounder paragraph 1;
Table 1 of Annex III; 16946/23
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a description, for each packaging category listed in Table 1 of Annex II, of the conditions for compliance with the respective performance grades;
comply with their extended producer responsibility obligations as referred to in Article 40, based on the packaging performance ;
category listed in Table 1 of Annex II in order to establish, as of 2035, updated recyclability performance grades by 2035;
than 1% by weight) in the Union, that are exempted from the recycled at scale requirements. 4.
By 1 January 2028, tThe Commission is empowered to shall adopt delegated implementing acts in accordance with Article 58 to supplement this Regulation in order to establish:
criteria and parameters listed in Table 22a of Annex II for packaging categories as indicatively listed in Table 1 of that Annex. 16946/23
105 EN Design for recycling criteria and recyclability performance grades shall,: (i)
and that will take into account the ability of packaging waste to be separated into different material streams for recycling, sorted and recycled, so that the resulting secondary raw materials are of sufficient quality compared to the original material and can be used to substitute the primary raw materials for packaging or other applications where the quality of the recycled material is retained, where feasible., as well as Design for recycling criteria shall:
proven in an operational environment and shall cover all packaging components. ;
the re-use and recycling of materials in the packaging in which they are present;,
(iii iv) as appropriate, establish impose restrictions of on the presence of such substances, or groups of such substances, in packaging or packaging components for reasons not relating primarily to chemical safety;
assessment and express its the result of the recyclability assessment in recyclability performance grades from A to C, as described in Table 2 of Annex II, based on the perentage of the per packaging unit, in terms of weighting, including material-specific criteria and sorting efficiency to determine whether packaging is recyclable under paragraph 2; 16946/23
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a description, for each packaging category listed in Table 1 of Annex II, of the conditions for compliance with the respective performance grades;
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 grades set out in tTable 2, Annex II. and for plastic packaging, the percentage of recycled content may be used as a parameter in the calculations.
Design-for-recycling criteria shall consider state of the art collection, sorting and recycling processes and shall cover all packaging components. When adopting the delegated implementing acts referred to in the first subparagraph, the Commission shall take into account the results of their assessment, if any, carried out pursuant to Article (5)(1)(a). Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 59(3). 4a.
The Commission is empowered to adopt delegated acts in accordance with Article 58 to amend Table 1 of Annex II in order to adapt it to scientific and technical development in material and product design, and collection, sorting and recycling infrastructure. The Commission is empowered to adopt design for recycling criteria for additional packaging categories or to create sub-categories within the categories listed in Table 1 of Annex II.
In particular, the Commission shall assess requests by competent authorities in relation to innovative nature of packaging and update or adopt new delegated acts under paragraph 4 of this Article, as appropriate. Economic operators shall comply with the new or updated design for recycling criteria at the latest by three years after the entry into force of the relevant delegated act.
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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. These criteria shall be based at least on the parameters as listed in Table 2a3 of Annex II.
accordance with aArticle 58, for each packaging type category listed in Table 1 of Annex II, establishing: (a)
the methodology for the recycled at scale assessment to assess, per each packaging category listed in Table 1a of Annex II, to supplement Table 2 of Annex II by establishing if whether packaging is recyclable at scale the thresholds for the recyclability performance grades and to update, if necessary, the overall the recyclability performance grades. applicable as of
2035in accordance with Table 2 of Annex II.
which shall be based on a technical documentation referring to the amount of collected packaging waste that are sent to subsequent sorting and recycling facilities. b)
If necessary, specify packaging materials or categories placed on the market in very small quantities (less than 1% by weight in the Union,) that should be exempted from the recycled at scale requirements. 16946/23
108 EN That methodology shall be based at least on at least the following elements:
Table 1a of Annex II placed on the market in the Union as a whole and in each Member State;
packaging category material listed in Table 1a of Annex II, in the Union as whole and in in each Member State; (iii c)
amountsquantities of recycleding rates of packaging waste at the calculation point in accordance with Decision 2005/270/EC per packaging type category listed in Table 1a of Annex II, in the Union as a whole and in each Member State. or, when such data on recycling rates for packaging waste per packaging type cannot be made available, assumptions made based on average loss rates as referred to in Article 47(3);
in accordance with Article 39(7) and Annex IX part D letter b) and part B letter c) and Article 50 (2) letters (a) and (c).
performance grades pursuant to Table 2 in annex II including recycled at scale thresholds. (d)
installed infrastructure capacities for sorting and recycling in the Union as a whole for each packaging type listed in Table 1 of Annex II. 16946/23
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Such chain shall be based on at least the following elements:
waste that are sent to sorting and recycling facilities.
data from the downstream operators ensuring that packaging is recycled at scale. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 59(3). 6-a.
The Commission shall review the recycled at scale thresholds referred to in Table 2 in Annex II as well as shall assess the granularity of the recycled at scale data reporting. Where appropriate, the Commission shall modify the thresholds and data reporting granularity of adopt delegated acts in accordance with Article 58 to amend Table 1a of Annex II and Table 4 of Annex XII in with the delegated act referred to in this paragraph, to take account of to adapt them to the technical and scientific development. make the reporting more efficient and less burdensome. 6a.
By 2035, the Commission, on the basis of development of the recycling technologies, may review the minimum threshold to be considered recycled at scale as laid down in Article 3(1)(32) and, where necessary, present a legislative proposal to revise them.
adopted in accordance with paragraphs 4 and 6 of this Article, in order to increase the level of recyclability of packaging, the financial contributions paid by producers to comply with their extended producer responsibility obligations as laid down in Article 40 shall be modulated according to , at least, the recyclability performance grades, as detailed in the delegated acts referred to in paragraphs 4 and 6 of this Article. 16946/23
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Article 50 (2) and publish Union data to know its evolution annually and facilitate the recycled at scale assessment in the performance grades.
recyclability performance grades from A to E, as described in Table 23 of Annex II, based on the percentage of the packaging unit, in weight, including e.g. material specific criteria and sorting efficiency to define whether a packaging is recyclable according to paragraph 1; (b)
detailed design for recycling criteria for each packaging material and category listed iIn Table 1 of Annex II;
conditions for compliance with the respective performance grades;
with their extended producer responsibility obligations as referred to in Article 40, based on the pacIkaging performance grade;
listed in Table 1 of Annex II in order to establish, as of 2035, updated recyclability performance grades. 16946/23
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Compliance with the requirements set out in paragraphs 2 and 3 shall be demonstrated in the technical documentation concerning the packaging as set out in Annex VII. Where a unit of packaging includes integrated components, the assessment of compliance with the design for recycling criteria and with the at scale recyclability requirements shall include all integrated components. A separate assessment shall be carried out for integrated components that may separate from each other through mechanical stress during transportation or sorting.
Where a unit of packaging includes separate components, the assessment of compliance with the design for recycling requirements and with the at scale recyclability requirements shall be done carried out separately for each separate component. All components of a unit of packaging shall be compatible with the state of the art established collection, sorting and recycling processes proven in an operational environment and shall not hinder the recyclability of the main body of the unit of packaging.
derogation from paragraphs 2 and 3, innovative packaging that does not comply with the requirements under paragraph 2(ab) may be placed on the market for a maximum period of 35 years after the end of the calendar year when it was first was has been placed on the market. 16946/23
112 EN Where use is made of this derogation, the economic operator shall notify the competent authority before the innovative packaging is placed on the market and include all technical details showing demonstrating that the packaging is innovative packaging compliance with the definition under Article 3(37) of this Regulation.
This That notification shall include a timeline to reach ‘at scale’ recyclability requirements in terms of for the collection and recycling of the innovative packaging. The information shall be made available to the Commission and the national authorities carrying out market surveillance., on request. The innovative packaging shall be accompanied by technical documentation, referred to in Annex VII, demonstrating its innovative nature and showing compliance with the definition in Article 3(374) of this Regulation. If the competent authority considers that the packaging is not innovative packaging, the economic operator shall comply with the existing design for recycling criteria.
If the competent authority considers that the packaging is innovative packaging, it shall inform the Commission thereof., which shall act in accordance with paragraph 4a. The Commission shall assess requests by competent authorities in relation to innovative nature of packaging and update or adopt new delegated acts under paragraph 4 of this Article, as appropriate. After the period referred to in the first sub-paragraph, such packaging shall be accompanied by the technical documentation referred to in paragraph 8. 9a.
From 1 January 2035 packaging that does not comply with the requirements under paragraph 2(b) may be placed on the market for a maximum period of 5 years from the calendar year in which it cannot be recycled at scale unless such packaging these requirements within this period of time. The economic operator shall notify the competent authority and the notification shall include a timeline to reach ‘at scale’ recyclability requirements in terms of collection and recycling of the packaging. 16946/23
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and in Article 4, point 25, of Regulation (EU) 2019/6; (b)
contact sensitive plastic packaging of medical devices covered Iby Regulation (EU) 2017/745;
by Regulation (EU) 2017/746;.
and in Article 4, point (26), of Regulation (EU) 2019/6 in cases where such packaging is necessary to comply with specific requirements to preserve the quality of the medicinal product;.
Directive 2008/68/EC.
or porcelain. However, paragraph 6aa shall apply to this packaging. 10a.
By 1 January 2035, the Commission shall undertake a review of the exceptions under paragraph 10 and, on this basis, assess the appropriateness of their its continuity and, where necessary, present a legislative proposal..
responsibility obligations as referred to in Article 40 shall be modulated on the basis of the recyclability performance grade, as determined in accordance with the delegated acts referred to in paragraphs 4 and 6 of this Article and, as regards plastic packaging, also in accordance with the Article 7(6). 16946/23
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1.
From By 1 January 2030 or three years after the date into force of the implementing act referred to in paragraph 7, whichever is the latest, the any plastic part of, in packaging placed on the market, shall contain the following minimum percentage of recycled content recovered from post-consumer plastic waste, per packaging type and format as referred to in Table 1 of Annex II, Table 1, manufacturing plant and year over a period of three months unit of packaging:
from polyethylene terephthalate (PET) as the major component;
except single use plastic beverage bottles;
30 % for single use plastic beverage bottles;
From By 1 January 2040, the any plastic part in of packaging placed on the market shall contain the following minimum percentage of recycled content recovered from postconsumer plastic waste, per packaging type and format as referred to in Table 1 of Annex II, Table 1, manufacturing plant and year over a period of three months unit of packaging:
bottles;
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Paragraphs 1 and 2 shall not apply to the following:
and in Article 4, point (25), of Regulation (EU) 2019/6;
(EU) 2017/745;
by Regulation (EU) 2017/746;
in Article 4, point (26), of Regulation (EU) 2019/6 in cases where such packaging is necessary to comply with specific requirements to preserve the quality of the medicinal product.;
(e) 4. Paragraphs 1 and 2 shall not apply to compostable plastic packaging; (ea)
packaging used for the transportation of dangerous goods as set byprovided for in Directive 2008/68/EC.
the technical information concerning the packaging referred to in Annex VII.
extended producer responsibility obligations as laid down in Article 40 shall be modulated based on the percentage of recycled content used in the packaging. 16946/23
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By 31 December 2026, the Commission is empowered toshall adopt implementing acts establishing the methodology for the calculation and verification of the percentage of recycled content referred to in paragraphs 1 and 2 of this Article,. recovered from postconsumer plastic waste, per unit of plastic packaging, and the format for the technical documentation referred to in Annex VII. In advance of the adoption ofWhen adopting these implementing acts, the Commission will examineshall assess, in view of the available recycling technologies, their economic and environmental performance, including the quality of the output, the availability of the incoming waste, the energy needed and greenhouse gas emissions. Based on this examination, the Commission might integrate sustainability criteria for the different recycling technologies into the methodology mentioned above.On the basis of suchthat assessment, the Commission may include sustainability criteria for the recycling technologies in the methodology established in the implementing act under the previous subparagraph. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 59(3).
a harmonised standards laying down the methodology to certify that the materials labelled and documented as recycled content placed on the Union market are indeed produced from recovered and recycled post-consumer materials and not virgin materials.
referred to in paragraph 7, whichever the latest, the calculation and verification of the percentage of recycled content contained in packaging under paragraph 1 shall comply with the rules laid down in the implementing act referred to in paragraph 7. 9.
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. 16946/23
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Based on this that assessment, 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, taking into account any safety related requirements, especially concerning contact sensitive plastic packaging, including food packaging, the Commission is empowered to adopt delegated acts in accordance with Article 58 to amend this Regulation in order to:
down in paragraph 1, points (b) and (d), for specific plastic packaging;, and, as appropriate;,
3,
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, taking into account any safety related requirements, especially as concernsconcerning contact sensitive materials and articles like food packaging. 10.
Where justified by the lack of availability or excessive prices of specific recycled plastics that may can have adverse effects on human or animal health, security of food supply or the environment, making compliance with the minimum percentages of recycled content set out in paragraphs 1 and 2 excessively difficult, the Commission shall be empowered to adopt a delegated act in accordance with Article 58 to amend paragraphs 1 and 2 by adjusting the minimum percentages accordingly. In evaluating the justification of such adjustment, the Commission shall assess requests from natural or legal persons to be accompanied by relevant information and data on the market situation for this postconsumer plastic waste and best available evidence regarding the related risks to human or animal health, to the security of food supply or to the environment. The Commission shall adopt the delegated act only in exceptional cases whenwhere there would be The empowerment is restricted to very limited cases in which severe adverse effects would occur on for one or more of the mentioned objects of protectionhuman or animal health, or the security of food supply or to the environment.
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technology and the practical experience gained by economic operators and Member States, the Commission shall present a report reviewing the implementation of the
to what extent these percentages lead to solutions fostering sustainable packaging that are effective and easy to implement, the feasibility of the achievement of percentages set for 2040 on the basis of the experience in achieving the 2030 percentages and the evolving circumstances, the relevance of maintaining the exemptions and derogations set out in this Article, and the necessity or pertinence of setting new minimum percentages of recycled content. This report shall, where appropriate, be accompanied by a legislative proposal amending this Article, in particular the 2040 minimum percentages of recycled content.
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Regulation], the Commission shall review the situation regarding the use of recycled packaging materials in packaging other than plastics and, on this basis, assess the appropriateness of establishing measures, or setting targets, for increasing the use of recycled content in such other packaging, and where necessary present a legislative proposal. 11a.
By … [6 years from the date of entry into force of this Regulation], the Commission shall review the state of technological development and environmental performance of bio-based plastic packaging. Based on that assessment, the Commission mayshall, where appropriate, present a legislative proposal where necessary, setting out targets to increase the use of biobased plastic in packaging through a hierarchical approach, where recycled content should be the first choice and biobased plastic the second choice.
1.
By way of derogation from Article 6(1), bBy [OP: please insert the date = 24 months from the date of entry into force of this Regulation], by way of derogation from Article 6(1), packaging placed on the market referred to in Article 3 (1), point (1), points (f) and
(g) and sticky labels attached to fruit and vegetables and very lightweight plastic carrier bags shall be home compostable in industrially controlled conditions in bio-waste treatment facilities. 16946/23
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By way of derogation from Article 6(1), wWhere Member States allow waste with similar biodegradability and compostability properties to be collected together with bio-waste pursuant to the provision established in second paragraph of article 22 (1) of Directive (UE) 2008/98 applies and appropriate waste collection schemes and waste treatment infrastructure are available to ensure that compostable packaging referred to in paragraph 1 enters the organic waste management stream, and by way of derogation from Article 6(1), Member States are empowered may to require that the following packaging shall be made available on their market for the first time only if they are compostable: i)
where packaging placed on the market referred to in Article 3 (1), ( point (1), point (g), if is composed of material other than metal, very lightweight plastic carrier bags and lightweight plastic carrier bags,
it shall be made available on their market for the first time only if it can be demonstrated that those they it are is compostable lightweight plastic carrier bags have been entirely manufactured from biodegradable plastic polymers, which are compostable in industrially controlled conditions. 16946/23
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By … [OP: Please insert the date = 24 months from the date of entry into force of this Regulation], packaging other than that referred to in paragraphss 1 and 2and 2, including packaging made of biodegradable plastic polymers and other biodegradable materials, shall allow material recycling, in accordance with Article 6, and without affecting the recyclability of other waste streams.
technical information concerning the packaging, referred to in Annex VII. 5.
The Commission shall beis may empowered to adopt delegated acts in accordance with Article 58 to amend paragraphss 1 and 1 and 2 of this Article by adding other types of packaging to the types of packaging covered by thoseatose paragraphss when where it is justified and appropriate due to technological and regulatory developments impacting the disposal of compostable packaging and under the conditions set out in Annex III analyse whether other packaging should be included in Article 8(1) or Article 8 (2) (i) when justified and appropriate due to technological and regulatory developments affecting the elimination of compostable packaging and in the conditions established in Annex III, and, where appropriate, present a legislative proposal. 16946/23
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By 12 months afterfrom the date of entry into force of this Regulation, the Commission shall request the European standardisation organisations to prepare or update harmonised standards laying down the detailed technical specifications of the requirements on compostable packaging and home compostable packaging in this Article. When doing so, the Commission should shall request that, in line with the latest scientific and technological developments, parameters such as retention times, temperatures and stirring, which reflect the actual conditions in home composts and in bio-waste treatment facilities, including anaerobic digestion processes, are taken into account. The Commission shall request that Tthose standards shall also include verification that the compostable packaging undergoing the biological decomposition subject to the specified parameters, results ultimately in conversion into carbon dioxide or, in absence of oxygen, methane, mineral salts, biomass and water.
If necessary, the Commission may request the European standardisation organisations to prepare harmonised standard laying down the detailed technical specifications of the requirements on home compostable packaging.
Article 9 Packaging minimisation 1. Packaging shall be The manufacturer or importer shall ensure that the packaging placed on the market is 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. 16946/23 KR/iw
123 EN 2.
The manufacturer or importer shall ensure that pPackaging not necessary to which does not complying with any of the performance criteria set out in Annex IV; andor 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 is not be placed on the market, unless the packaging design is subject protected under Union legislation by a Community design under Council Regulation (EC) 6/2002, design rights falling under the scope of applications of Directive 98/71/EC, or including international agreements having effect in one of the Member States, or its shape is a trademark falling under the scope of Regulation (EU) 2017/1001, or Directive (EU) 2015/2436, including trademarks registered under international agreements having effect in one of the Member States, or the packaged product or beverage belongs to geographical indications of origin protected under Union legislation including Regulation (EU) No 1308/2013 for wine and Regulation (EU) 2019/787 for spirit drinks or covered by a quality schemes as referred to in Regulation (EU) No 1151/2012.
The exemption in the subparagraph above applies only to design rights and trademarks protected by [date of entry into force of this Regulation], and only in case the application of the requirements under this Article affects (i) the packaging design in a way that it alters its novelty or its individual character, or (ii) the trademark in a way that the trademark is not capable anymore to distinguish the marked good from those of other undertakings.
is reduced to the minimum necessary for ensuring the packaging functionality, including product protection, as follows:
characteristics; (b)
for grouped and transport packaging, including e-commerce packaging, in relation to the total volume of the grouped or transported products and their sales packaging; For the purpose of assessing the compliance with this paragraph, space filled by paper cuttings, air cushions, bubble wraps, sponge fillers, foam fillers, wood wool, polystyrene, styrofoam chips or other filling materials shall be considered as empty space. 16946/23
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the technical documentation referred to in Annex VII, which shall contain the following elements: (a)
an explanation of the technical specifications, standards, and conditions used to assess the packaging against the performance criteria and methodology set out in Annex IV; 16946/23
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packaging weight or volume, for each of these performance criteria;
studies used to assess the minimum necessary volume or weight of the packaging. For reusable packaging, the assessment of compliance with the requirements set out in paragraph 1 shall take into account the function of reusable packaging as referred to in Article 10, and in the first place the requirements set out thereof. 4a.
By … [12 months from the entry into force of this Regulation] 12 months after entry into force of this Regulation, the Commission shall request the European standardisation organisations, as appropriate, to prepare or update, as appropriate, harmonised standards laying down the methodology for the calculation and measurement of compliance with the requirements concerning packaging minimisation under this Regulation. For certain most common packaging types and formats the Commission shall request that those such standards should specify maximum adequate weight and volume limits, and, if appropriate, wall thickness and maximum empty space.
1.
Packaging placed on the market from [the dateinsert day of entry into force of thise Regulation] shall be considered deemed to be reusable where itf fulfils the following conditions:
re-used or refilled; 16946/23
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possible in normally predictable conditions of use, but no less than 5 for packaging made of cardboard and 10 for any other materials;
way which prevents its further function and re-use; (d)
it is capable of being emptied, unloaded, refilled or reloaded while ensuring compliance with the applicable safety and hygiene requirements, including those on food safety;
maintaining its ability to perform its intended function;
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; (g)
it can be emptied, unloaded, refilled or reloaded without risk to the health and safety of those responsible for doing so; and
when it becomes waste; set out in Article 6.
technical information concerning the packaging referred to in Annex VII. 16946/23
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By … [12 months fromafter the entry into force of this Regulation] the Commission shall request the European standardisation organisations, to prepare harmonised standards which define different reusable packaging formats, based on the assessment of the most frequently used reusable packaging formats and the need for their standardisation of those reusable packaging formats in view of the targets set out in Article 26. The Commission shall request that those standards should define set a specific minimum number of trips or rotations as well as any hygiene or other requirements, such as logistics, for each of the different packaging formats, as well as the methodology for calculating and verifying the number of their such trips and rotations, including through a standardised, open, digital carrier. The number of trips or rotations shall for each of the different packaging formats shall never not be less fewer than 10, which is the minimum number applicable to all types of packaging, as prescribed in paragraph 1(b) of this Article.
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1.
From … [42 months afterfrom the date of the entry into force of this Regulation] or 24 months fromafter the date of entry into force of the implementing act referred to in paragraph 5 and 6, whichever is the latest, [OP: Please insert the date = 42 months after the entry into force of this Regulation], packaging packaging placed on the market shall be marked with a label containing information on its material composition. , including, fFor the packaging referred to in Article 8(1) and (1) and, where applicable, 8(2), the label shall indicate that the material is compostable, it is not suitable for home-composting, and compostable packaging shall not be thrown away in nature. This obligation does not apply to transport packagingWith the exception of ecommerce packaging, t. his obligation does not apply to transport packaging or packaging part of a deposit and return system. However, it applies to e-commerce packaging.
Packaging subject to deposit and return systems established after the entry into forced of this Regulation referred to in Article 44(1)(2) shall, in addition to the labelling referred to in the first subparagraph, be marked with a harmonised label established in the relevant implementing act adopted pursuant to paragraph 5.
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label shall be voluntary for deposit and return systems established  legislationby virtue of national law before the entry into force of this Regulation is marked pursuant to paragraph 1. 2.
Reusable packaging placed on the market Ffrom … [48 months fromafter the date of entry into force of this Regulation] or 24 months fromafter the date of entry into force of the implementing act referred to in paragraph 5, whichever is the latest [OP: Please insert the date = 48 months after the date of entry into force of this Regulation], packaging shall bear a label informing users that it the packaging is reusable on packaging reusability and a QR code or other type of standardiszed, open, digital data carrier that provides further information on packaging reusability including the availability of a local, national or EU-wide system for re-use and of information on collection points, and that facilitates the tracking of the packaging and the calculation of trips and rotations, or an average estimation if that calculation is not feasible. In addition, reusable sales packaging shall be clearly identified and distinguished from single use packaging at the point of sale.
QR code or other type of digital data carrier shall not apply to open loop systems established before the entry into force of this Regulation and which do not have a system operator in accordance with Annex VI. Such systems shall nevertheless provide other means of calculations of trips and rotations. 16946/23
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Where If a unit of packaging is covered by Article 7 placed on the market from [42 months fromafter the date of entry into force of this Regulation], or 24 months fromafter the date of entry into force of the implementing act referred to in paragraph 5, whichever is the latest and is marked with a label containing information on the share of recycled content in the plastic part, that label shall comply with the specifications laid down in the relevant implementing act adopted pursuant to Article 11(5)paragraph (5) and shall be based on the methodology pursuant to Article 7(7).
Where If a unit of plastic packaging is marked with a label containing information on the share of biobased plastic content, that label shall comply with the specifications laid down in the relevant implementing act adopted pursuant to Article 11(5)paragraph (5).
referred to in paragraph 2 shall be placed, printed or engraved visibly, clearly and legibly and indelibly on the packaging. and the information shall be available to end-users before the purchase of the product in distance on line sales. Where this is not possible or not warranted on account of the nature and size of the packaging, they shall be affixed to the grouped packaging. The information contained in the labels referred to in paragraphs 1 to 3 and QR code or other type of digital data carrier shall be made available in one or more languages which can be easily understood by end users as determined by the Member State in which the packaging is to be made available on the market.
Where Union legislation requires information on the packaged product to be provided via a data carrier, a single data carrier shall be used for providing the information required for both the packaged product and for the packaging, and both of them shall be easily distinguishable.
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Regulation], the Commission shall adopt implementing acts to establish a harmonised label and specifications for the labelling requirements and formats for the labelling of packaging referred to in paragraphs 1 to 3 and the labelling of waste receptacles referred to in Article
when developing the implementing act. When developing the harmonised label for packaging subject to deposit and return systems referred to in Article 44(12), the Commission shall take into consideration any variation which may exists in the deposit charged by the Member States. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 59(3). 6.
By [OP: Please insert the date = 24 months after the date of entry into force of this Regulation], the Commission shall adopt implementing acts to establish the methodology for identifying the material composition of packaging referred to in paragraph 1 by means of standardised, open, digital marking technologies, including for composite packaging and packaging that consists of several partsintegrated or separate components of packaging. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 59(3). The identification of substances of concern by means of standardizsed, open, digital technologies shall also be included and shall include at least the name and concentration of the substance of concern present in each material in a packaging unit.
The packaging placed on the market containing substances of concern shall be marked using the technologiesy as referred to in theis first subparagraph by 2030.
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. 16946/23
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By [two years after entry into force of this Regulation], pPackaging included in an extended producer responsibility scheme or covered by a deposit and return system other than that referred to in Article 44(1) may be identified throughout the territory of the Member States in which that scheme or system applies only by means of a corresponding symbol in a QR code or other standardised digital marking technology in order to signify that the producer fulfils its extended producer responsibility obligations corresponding symbol throughout the territory in which that scheme or system applies. That symbol shall be clear and unambiguous and shall not mislead consumers or users as to the recyclability or reusability of the packaging. 8a.
Packaging covered by a deposit and return system referred to in Article 44(12) established after entry into force of this Regulation shall be labelled with the harmonised label in accordance with paragraph 1, except for the information on its material composition. Member States may, by virtue of national law, require that such harmonised label shall be marked on packaging subject to deposit and return systems established by virtue of national law before the entry into force of this Regulation. These packaging may, in addition, by virtue of national law and on under the condition that this does not lead to distortions on the internal market or trade barriers for products from other Member States, be identified by means of a corresponding symbol throughout the territory in which that scheme or system applies. Packaging covered by a deposit and return system other than that referred to in Article 44(12) may, by virtue of national law, be identified by means of a corresponding symbol throughout the territory in which that scheme or system applies. Thate symbol shall be clear and unambiguous and shall not mislead consumers or users about the packaging recyclability and reusability as to the in the Member States where it shall be returnedrecyclability or reusability
of the packaging.
Directive 2001/83/EC and in Regulation (EU) 2019/6, in Regulation (EU) 2017/745 and in Regulation (EU) 2017/746, if there is no space on the packaging due to other labelling requirements as defined in the legislation mentioned above, or if the labelling of the packaging could jeopardise the safe use of medicinal products for human use and veterinary medicinal products. 16946/23
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1a.
By 1 January 2028, 42 months fromafter the date of entry into force of this Regulation, or 24 months after the entry into force of the implementing acts referred to in paragraph 1b, whichever is the latest, Member States shall ensure that harmonised labels that enable the separate collection of each material specific fraction of packaging waste that is intended to be discarded in separate receptacles shall be are affixed, printed or engraved visibly, legibly and indelibly on all waste receptacles for collection of packaging waste. A receptacle for packaging waste may bear more than one label.
This obligation does not apply to receptacles covered by a deposit and return system. 1b.
By … [OP: Please insert the date = 18 months afterfrom the date of entry into force of this Regulation], the Commission shall adopt implementing acts to establish harmonised labels and specifications for the labelling requirements and formats for the labelling of the receptacles referred to in paragraph 1a. When developing the implementing act, the Commission shall take into account the specificities of the collection systems established in the Member States as well as the specificities of composite packaging. The labelling for receptacles shall correspond to the labelling for packaging as referred to in Article 11(5) with the exception of labelling for packaging covered by deposit and return systems. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 59(3).
When placing packaging on the market, mManufacturers shall ensure that theonly place on the market packaging which is in conformity complies with the following:
requirements set out in Articles 5 to 10;
it is labelled in accordance with the applicable requirements set out in Article 11.
Before placing packaging on the market, manufacturers shall carry out the relevant conformity assessment procedure referred to in Article 33, or have it carried out on their behalf, and draw up the technical documentation referred to in Annex VII. Where compliance of packaging with the applicable requirements has been demonstrated by the relevant conformity assessment procedure referred to in Article 33, manufacturers shall draw up an EU declaration of conformity in accordance with Article 34.
declaration of conformity for 10 5 years after the single-use packaging has been placed on the market, and 10 years after reusable packaging has been placed on the market. 16946/23
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to remain in conformity with this Regulation. Manufacturers shall adequately take into account cChanges in packaging design or in characteristics, as well as changes in harmonised standards, common technical specifications or other technical specifications by reference to which conformity is declared or by application of which its conformity is verified, shall be adequately taken into account by manufacturers. In case the manufacturers finds that the packaging’s conformity may be affected, they shall carry out a re-assessment in accordance with the conformity assessment procedure specified in Article 33 and Annex VII, or have it carried out on their behalf.
element allowing its identification or, where the size or nature of the packaging does not allow so, that the required information is provided in a document accompanying the packaged product. 6.
Manufacturers shall indicate on the packaging or on a QR code or another data carrier their name, registered trade name or registered trade mark as well as the postal address, and where available, the electronic means of communication, where they can be contacted. Where that is not possible, the required information shall be provided as part of the information through the QR code or other type of digital data carrier referred to in Article 11(2) or the data carrier referred to in Article 11(4) or in a document accompanying the packaged product. The postal address shall indicate a single point at which the manufacturer can be contacted. Such information shall be clear, understandable and legible. 7.
Manufacturers shall ensure that information provided in accordance with paragraphs 5 and
with information required by other Union legislationlaw on the labelling of the packaged product. 16946/23
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Manufacturers who consider or have reason to believe that packaging which they have placed on the market is not in conformity with one or more of the applicable requirements set out in Articles 5 to 11 shall immediately take the corrective measures necessary to bring that packaging into conformity, to withdraw it or recall it, as appropriate.
Manufacturers shall immediately inform the market surveillance authority of the Member State in which they made the packaging available of the suspected noncompliance and of any corrective measures taken. 9.
Manufacturers shall, further to a reasoned request from a national authority, provide all the information and documentation necessary to demonstrate the conformity of the packaging, including the technical documentation in a language, or languages, which can be easily understood by that authority. That information and documentation shall be provided in either paper or electronic form and, on request, in paper form. The relevant documents shall be made available within 10 days of receipt of the request from the national authority.
Manufacturers shall cooperate with the national authority on any action taken to remedy any case of non-compliance with the requirements set out in Articles 5 to 10.
the information and documentation necessary for the manufacturer to demonstrate the conformity of the packaging and the packaging materials with this Regulation, including the technical documentation referred to in Annex VII and required under Articles 5 to 10, in a language or languages, which can be easily understood by the manufacturer. That information and documentation shall be provided in either paper or electronic form.
to contact sensitive packaging shall be part of the information and documentation to be provided to the manufacturer pursuant to paragraph 1. 16946/23
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EN
The obligations laid down in Article 13(1) and the obligation to draw up technical documentation as referred to in Annex VII and as required under Articles 5 to 10 shall not form part of the authorised representative's mandate.
from the manufacturer. The mandate shall allow the authorised representative to do at least the following: (a)
keep the EU declaration of conformity and the technical documentation at the disposal of the national market surveillance authorities for 10 5 years after the single-use packaging has been placed on the market, and 10 years after reusable packaging has been placed on the market;
regard to non-compliances of the packaging covered by the authorised representative's mandate;
the information and documentation necessary to demonstrate the conformity of packaging in a language or languages, which can be easily understood by that authority; (d)
further to a request from a competent national authority, make available relevantI documents within 10 days of the receipt of such a request;
Regulation.
Importers shall only place on the market packaging which is compliant in conformity with the requirements of Articles 5 to 11.
been carried out and the technical documentation, referred to in Annex VII and required under Articles 5 to 10, has been drawn up by the manufacturer; (b)
the packaging is labelled in accordance with Article 11,
(6). Where an importer considers or has reason to believe that packaging is not in conformity with the applicable requirements set out in Articles 5 to 11, the importer shall not place the packaging on the market until it has been brought into conformity. 3.
Importers shall indicate on the packaging their name and their registered trade name or registered trade mark as well as the postal address, and, where available, the electronic means of communication, where they can be contacted. Where that is not possible, the required information shall be provided via the data carrier or in a document accompanying the packaged product. The contact details shall be clear, understandable and legible.
understandable and legible, and does not replace, obscure or can be confused with information required by other Union legislation on the labelling of the packaged product. 16946/23
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Importers shall ensure that, while the packaging is under their responsibility, storage or transport conditions do not jeopardise its compliance with the applicable requirements set out in Articles 5 to 11.
on the market, is not in conformity with the applicable requirements set out in Articles 5 to 11, shall immediately take the corrective measures necessary to bring that packaging into conformity, to withdraw it or recall it, as appropriate.
States in which they made the packaging available of the suspected non-compliance and of any corrective measures taken. 8.
Importers shall, for 10 5 years after the single-use packaging has been placed on the market, and 10 years after reusable packaging has been placed on the market, keep a copy of the EU declaration of conformity at the disposal of the market surveillance authorities and ensure that the technical documentation referred to in Annex VII and required under Articles 5 to 10 can be made available to those authorities, upon request. 9.
Importers shall, further to a reasoned request from a national authority, provide that authority with all the information and documentation necessary to demonstrate the conformity of packaging, including technical documentation, with the applicable requirements set out in Articles 5 to 11, in a language or languages, which can be easily understood by that authority. That information and documentation shall be provided either in paper or in electronic form and, on request, in paper form. The relevant documents shall be made available within 10 days of receipt of the request from the national authority.
remedy any case of non-compliance with the requirements set out in Articles 5 to 11.
When making packaging available on the market, distributors shall act with due care in relation to the requirements of this Regulation.
the packaging is registered in the register of producers referred to in Article 4039;
Article 13(5) and (6) and Article 16(3) respectively. 3.
Where a distributor, before making packaging available on the market, considers or has reason to believe that the packaging is not in conformity with the requirements set out in Articles 5 to 11 or that the manufacturer or importer is not complying with those applicable requirements, the distributor shall not make the packaging available on the market until it has been brought into conformity or until the manufacturer complies.
Distributors shall ensure that, while the packaging is under their responsibility, storage or transport conditions do not jeopardise its compliance with the requirements set out in Articles 5 to 11. 16946/23
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Distributors who consider or have reason to believe that packaging, which they have made available on the market with the packaged product, is not in conformity with the applicable requirements set out in Articles 5 to 11 shall make sure that the corrective measures necessary to bring that packaging into conformity, to withdraw it or recall it, as appropriate, are taken.
Distributors shall immediately inform the market surveillance authorities of the Member States in which they made the packaging available of the suspected non-compliance and of any corrective measures taken. 5.
Distributors shall, further to a reasoned request from a national authority, provide that authority with all the information and documentation to which they have access and that is relevant for demonstrating the conformity of a packaging with the applicable requirements set out in Articles 5 to 11 in a language or languages, which can be easily understood by that authority. That information and documentation shall be provided in paper or electronic form and, on request, in paper form.
Distributors shall cooperate with the national authority on any action taken to remedy any case of non-compliance with the requirements set out in Articles 5 to 11.
1.
Producers offering packaging to consumers located in the Union shall provide fulfilment service providers with the information referred to in Article 40(3), points
(a) and (b) at the moment of the conclusion of the contract between the provider and the producer for any of the services mentioned in point (11) of Article 3 of Regulation (EU) 2019/1020. If the producer does not provide this information, the fulfilment service provider shall notify the competent authority. 16946/23
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Upon receiving the information referred to in paragraph 1 and at the moment of the conclusion of the contract between the provider and the producer for any of the services mentioned in point (11) of Article 3 of Regulation (EU) 2019/1020, the fulfilment service provider shall, through the use of any freely accessible official online database or online interface made available by a Member State or the Union or the publicly available registration list under Article 39(10) or through requests to the producer to provide supporting documents from reliable sources, make best efforts to assess whether the information referred to in paragraph 1 is reliable and complete. For the purpose of this Regulation, producers shall be liable for the accuracy of the information provided.
Where the fulfilment service provider obtains sufficient indications or has reason to believe that any item of information referred to in paragraph 1 obtained from the producer concerned is inaccurate, incomplete or not up-to-date, that provider shall request that the producer remedies that situation without delay or within the period set by Union and national law. Where the producer fails to correct or complete that information, the fulfilment service provider shall swiftly suspend the provision of its service to that producer in relation to the offering of packaging to consumers located in the Union until the request has been fully complied with. The fulfilment service provider shall provide the producer with the reasons for the suspension. 16946/23
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provider suspends the provision of its service pursuant to paragraph 1a of this Article, producer concerned shall have the right to challenge the decision of the fulfilment service provider before a court of the Member States where the fulfilment service provider is established.
conditions during warehousing, handling and packing, addressing or dispatching, do not jeopardise the packaging’s compliance with the requirements set out in Articles 5 to 11.
An importer or a distributor shall be considered a manufacturer for the purposes of this Regulation and shall be subject to the obligations of the manufacturer under Article 134, where they place packaging on the market under their own name or trademark or modify packaging already placed on the market in a way that may affect compliance with the relevant requirements of this Regulation.
authorities on the following:
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Economic operators shall be able to provide the information referred to in paragraph 1, point (a), for 10 5 years after they have been supplied with the single-use packaging and for 10 years after they have been supplied a reusable packaging. Economic operators shall be able to provide the information referred to in paragraph 1, point (b), 5 years after they have supplied the single-use packaging and for 10 years after they have supplied the reusable packaging.
Packaging waste management operators shall provide annually the competent authorities the information on packaging waste listed in Table 4 of Annex XII through the electronic registry or registries, in accordance with Article 35(1) of Directive (UE) 2008/98. The packaging waste management operators shall provide annually the producers in the case of individual fulfilment of extended producer responsibility obligations, or the entrusted producer responsibility organisation in the case of collective fulfilment of extended producer responsibility obligations, with all the information necessary to comply with the information obligations as referred to in Article 39(7bc).
By virtue of national law, Member States may provide that, when public authorities are responsible for the organisation of the management of packaging waste, packaging waste management operators provide annually such public authorities with all the information necessary to comply with the information obligations as referred to in Article 39(7c), or through other means to supplement the electronic registry or registries, in accordance with Article 35(1) of Directive 2008/98/EC.
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Obligations of economic operators other than the obligations in Chapters V and VII
adopted pursuant to the second sub-paragraph, whichever is the latest, Eeconomic operators who supply products to a final distributor or an end user fills the packaging in grouped packaging, transport packaging or e-commerce packaging, shall ensure that the empty space ratio is maximum 40 % 50 %. 16946/23
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By 3 years after the entry into force of this Regulation, the Commission is empowered to adopt implementing acts in accordance with Article 58 to establish the methodology for the calculation of the empty space ration set out in paragraph 1., in particular as regards products of irregular shapes and packaging containing more than one sales packaging or product, The methodology shall be based on ensuring the protection of the product take into account the special characteristics of packaging which needs to be placed in an empty space large enough to comply with applicable legal requirements or to protect the product, in particular concerning packaged products of irregular shapes, packaging containing more than one sales packaging or product, packaging containing liquid products, packaged products the content of which can easily be damaged, packaged products that can be damaged by larger products due to their small dimensions, and the minimum space on the transport packaging to enable attachment of the shipment labels.
packaging, transport packaging or e-commerce packaging and the volume of sales packaging contained therein;
this paragraph and the total volume of the grouped packaging, transport packaging or e-commerce packaging. Space filled by filling materials such as paper cuttings, air cushions, bubble wraps, sponge fillers, foam fillers, wood wool, polystyrene or Styrofoam chips or other filling materials, shall be considered as empty space. 16946/23
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By … [36 months from the date of entry into force of this Regulation], Tthe economic operator who fills the sales packaging shall ensure that empty space is reduced to the minimum necessary for ensuring the packaging functionality, including product protection. Empty space ratio for sales packaging shall mean the difference between the total packaging internal volume of and the volume of the packaged product and its characteristics.
For the purpose of assessing the compliance with this paragraph, space filled by paper cuttings, air cushions, bubble wraps, sponge fillers, foam fillers, wood wool, polystyrene, styrofoam chips or other filling materials shall be considered as empty space. Sales packaging for products that are subject to settlement during transportation or where headspace is required to protect the food product, oru others that presents these characteristics, compliance with this paragraph 2, point (a), shall be assessed as the pack-fill level at the point of filling. Air between or within packed foodstuff or protective gases shall not be considered as empty space.
packaging shall be exempted from the obligation laid down in paragraph 1. They shall nevertheless ensure that such sales packaging complies with the requirements set out in Article 9.
Commission shall review the empty space ratio in paragraph 1 as well as the exemptions in paragraph 3, and assess . This includes the possibility of establishing possible empty space ratios for sales packaging, particularly for toys, cosmetics, DoIt-Yourself kits and electronic products. 16946/23
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1.
At the latest,By … [three years afterfrom the date of entry into force of this Regulation], Eeconomic operators shall not place on the market packaging in the formats and for the purposes listed in Annex V.
placing on the market of packaging in the formats and for the purposes listed in Annex V but made from materials not listed in Annex V.
packaging in the formats and for the purposes listed in point 3 of Annex V as of 1 January
Member States may exempt micro-enterprises as defined in accordance with the Commission Recommendation 2003/361/EC, 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 publicly available applicable on [OP:
Please insert the date = the date of entry into force of this Regulation], and where if where it has been demonstrated that 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. 4.
The Commission shall be empowered to adopt delegated acts in accordance with Article 58 to amend Annex V in order to adapt it to technical and scientific progress with the objective to reducing packaging waste. When adopting those delegated acts, the Commission shall consider the potential of the restrictions on the use of specific packaging formats to reduce the packaging waste generated while ensuring an overall positive environmental impact, and shall take into account the availability of alternative packaging solutions that meet requirements set out in legislation applicable to contact sensitive packaging, as well as their capability to prevent microbiological contamination of the packaged product. 16946/23
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By [OP: Please insert the date = 8 years after the date of entry into force of this Regulation], the Commission shall review Annex V to adapt it to technical and scientific progress with the objective to reducing packaging waste and, on this basis, assess the appropriateness of establishing new restrictions on the use of specific packaging formats, and where necessary present a legislative proposal. 4a.
By …48 [24 months afterfrom the date of entry into force of this Regulation], the Commission shall publish guidelines, in consultation with Member States, explaining in more detail Annex V, including examples of the packaging formats in scope, and any exemptions to the restrictions, and providing an exemplificative list of fruits and vegetables excluded from point 2 of Annex V.
territory of a Member State for the first time on the market shall ensure that a system for re-use of such packaging is in place in that Member State, which meets the requirements laid down in Article 24 and Annex VI. 2.
The description of the system’s compliance with those requirements shall be drawn up as part of the technical documentation on reusable packaging to be provided pursuant to Article 10(2). For that purpose, the manufacturer shall request the relevant written confirmations from system participants set out in Annex VI. 16946/23
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systems for re-use and shall ensure that the systems for re-use, which the reusable packaging is part of, comply with the requirements laid down in Part A of Annex VI. 2.
Economic operators making use of reusable packaging shall ensure that such packaging is reconditioned recondition such packaging in compliance with Part B of Annex VI, prior to offering it again for use by end users.
defined in Annex VI shall be required to return the packaging to the collection point(s) identified by the system participants and approved by the system operator.
shall inform end users of the following:
refill;
(c)
the responsibility of the end user in relation to the health and safety regarding the use of the containers referred to in point (a). This information shall be regularly updated and either clearly displayed on the premises or otherwise provided to end users. 16946/23
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requirements laid down in Part C of Annex VI and with any requirements set in other Union legislation for the sale of products through refill. 3.
Economic operators enabling refill shall ensure that packaging and containers offered to the end users at the refill stations isare not provided free of charge if the packaging does not meet requirements under Annex VI, or is provided as a part of a deposit and return system.
user does not abide with the requirements communicated by the economic operator in accordance with paragraph 1.
From 1 January 2030,The economic operators making large household appliances listed in point 21 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 %
reusable transport packaging within a system for re-use.;
reusable packaging within a system for re-use.;
in sales packaging cold or hot beverages filled in take-away packaging or into a container at the point of sale for take-away shall ensure that: (a)
from 1 January 2030, at least 20 % of those beverages are made available in reusable packaging within a system for re-use or by enabling refill;
reusable packaging within a system for re-use or by enabling refill.
that is making available on the market within the territory of a Member State in sales takeaway packaging containing ready-prepared food take-away ready-prepared food, intended for immediate consumption without the need of any further preparation, and typically consumed from the packaging receptacle, shall ensure that: (a)
from 1 January 2030, at least 10 % of those products are made available in reusable packaging within a system for re-use or by enabling refill;
reusable packaging within a system for re-use or by enabling refill. 16946/23
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territory of a Member State in sales packaging ‒ alcoholic and non-alcoholic beverages in the form of beer, ‒ carbonated alcoholic beverages, ‒ fermented alcoholic beverages other than wine, sparkling wine, liqueur wine, aromatised wine products and fruit wine, ‒
products based on spirit drinks, wine or other fermented alcoholic beverages mixed with othernon-alcoholic beverages, soda, cider or juice, alcoholic and non-alcoholic wine, with the exception of sparkling wine, ‒ 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 which are immediately ready to drink, pure juice, juice or must of fruits or vegetables, fruit nectar and fruit juice drink nectar, and ‒ smoothies without milk and ‒ non-alcoholic beverages containing milk fat fraction shall ensure that:
reusable packaging within a system for re-use or by enabling refill; (b)
from 1 January 2040, at least 2540 % of those products are made available in reusable packaging within a system for re-use or by enabling refill. The targets laid down in this paragraph shall not apply to beverages which are to be considered perishable under Article 24 of Regulation (EU) No 1169/2011. 16946/23
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territory of a Member State in sales packaging, alcoholic beverages and non-alcoholic in the form of wine, with the exception of sparkling wine, shall ensure that:
reusable packaging within a system for re-use or by enabling refill; (b)
from 1 January 2040, at least 15 % of those products are made available in reusable packaging within a system for re-use or by enabling refill. The manufacturer and the final distributor making available on the market within the territory of a Member State in sales packaging, alcoholic and non-alcoholic beverages in the form of wine, with the exception of sparkling wine, liqueur wines and wines that have been granted geographical indications of origin protected under Union legislation, shall ensure that:
reusable packaging within a system for re-use or by enabling refill; (b)
from 1 January 2040, at least 1015 % of those products are made available in reusable packaging within a system for re-use or by enabling refill.
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 nonalcoholic beverages containing milk fat, shall ensure that: (a)
from 1 January 2030, at least 10 % of those products are made available in reusable packaging within a system for re-use or by enabling refill;
reusable packaging within a system for re-use or by enabling refill. 16946/23
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transportation in the form of pallets, plastic plastic crates, foldable plastic 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:
within a system for re-use; (b)
from 1 January 2040, at least 90 % of such packaging used is reusable packaging within a system for re-use. The targets under the first subparagraph do not apply to the manufacturer and the final distributor referred to in paragraph 4. The targets under the first subparagraph do not apply for transport packaging or sales packaging used for the transportation of dangerous goods as set by Directive 2008/68/EC and for large-scale machinery and equipment that are produced to fit the individual requirements of the ordering economic operator. 8.
Economic operators using transport packaging or sales packaging, which is typically only used for transportation, for the transport and delivery of non-food items made available on the market for the first time via e-commerce shall ensure that:
within a system for re-use;
within a system for re-use;
for stabilisation and protection of products put on pallets during transport, including, but not limited to, pallet wrappings or straps, shall ensure that: (a)
from 1 January 2030, at least 10 % of such packaging for stabilisation and protection during such transports used is reusable packaging within a system for re-use; 16946/23
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protection during such transports used for transport is reusable packaging within a system for re-use;
excluding cardboard, used outside of sales packaging to group a certain number of products to create a stock-keeping unit shall ensure that:
within a system for re-use; (b)
from 1 January 2040, at least 25 % of such packaging they used is reusable packaging within a system for re-use.
Targets laid down in paragraphs 1 to 10 shall be calculated for the period of a calendar year.
packaging only used for transportation used by an economic operator shall be reusable where it is used for transporting products:
(b)
between any of the sites on which the operator performs its activity and the sites of any other linked enterprise or partner enterprise, as defined in Article 3 of the Annex to Commission Recommendation 2003/361, as applicable in the version publicly available on [OP: Please insert the date = the date of entry into force of this Regulation], shall ensure that such packaging is reusable within a system for re-use.: 16946/23
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re-use;
re-use.
Theis obligation referred to in the first subparagraph shall applyies to pallets, boxes, excluding cardboard boxes, excluding cardboard, trays, plastic crates, intermediate bulk containers, drums and canisters, of all sizes and materials, including flexible formats except flexible transport packaging formats in direct contact with food, and boxes, excluding cardboard. The obligation shall not apply to transport packaging or sales packaging used for the transportation of dangerous goods as set by Directive 2008/68/EC and for large-scale machinery and equipment that are produced to fit the individual requirements of the ordering economic operator. 13.
From 1 January 2030, EeEconomic operators using transport packaging or sales packaging only used for transportation to delivering products to another economic operator within the same Member State shall ensure that such packaging is reusable within a system for re-use.: use only reusable transport packaging or reusable sales packaging used only for transportation for the purpose of the when transportingation of such products.
re-use;
re-use.
Theis obligation referred to in the first subparagraph shall applyies to pallets, boxes, excluding cardboard, boxes, excluding cardboard, plastic crates, intermediate bulk containers, drums and canisters, of all sizes and materials, including flexible formats except flexible transport packaging formats in direct contact with food, and boxes, excluding cardboard. The obligation shall not apply to transport packaging or sales packaging used for the transportation of dangerous goods as set by Directive 2008/68/EC and for large-scale machinery and equipment that are produced to fit the individual requirements of the ordering economic operator. 16946/23
158 EN 13a Targets laid down in paragraphs 1 to 13 shall be calculated for the period of a calendar year. 13b.
Final distributors, addressed inunder paragraphs 2 to 65 4, with a sales area above 400 100 m2 shall take back, free of charge, all reusable packaging of the same type, form and size as the packaging made available on the market by them, within that specific system of reuse at the point of sale, ensuring their recovery and return through the entire distribution chain. The return option must be free of charge and The end users shall be offered able to return the packaging at the location where the actual handover of such packaging takes place or in its immediate vicinity proximity.
They final distributor shall fully redeem associated deposits or take measures to notify the return of the packaging according to the governance rules of the respective specific system of reuse, which may mean redemption of associated deposits.
paragraphs 2 to 10 if, during a calendar year, they:
the territory of a Member State; orand
rules set out in the Commission Recommendation 2003/361, in the version publicly available as applicable on [OP: Please insert the date = the date of entry into force of this Regulation]. On the basis of the special conditions of final distribution and some manufacturing sectors, even at national level, the Commission is empowered to adopt delegated acts in accordance with Article 58, to modify the thresholds under point a. 16946/23
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targets in paragraphs 2 to 6 4 if, during a calendar year, they have a sales area of not more than 100 m22, including also all storage and dispatch areas or if the sales area is located on an island with a population of less than 2000 inhabitants. In case the final distributor has more than one sales area, and only one or some of those areas are located on such an island, the relevant beverages and products made available on the market within a territory of a Member State in those sales area shall not be calculated for the purpose of meeting the targes under paragraphs 2 to 4.
On the basis of the special conditions of final distribution and some manufacturing sectors, even at national level, the Commission is empowered to adopt delegated acts in accordance with Article 58, to modify the sales area threshold.
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160 EN 15(-a) Members states may allow that economic operators form pools for the purpose of meeting their obligations under para 4. These pools may consist of up to 3 manufactures or up to 3 final distributors and may cover one of the beverage categories mentioned in paragraph 4. If Member States grant the possibility under this paragraph, the information provided for by the pool to the authority of the Member State must consist, at a minimum, of:
(a) the economic operators included in the pool, and
(b) the economic operator nominated as pool manager who will be the contact point. Member states shall set further information requirements that are necessary for the enforcement of economic operators. Economic operators part of a pool shall report to the competent authorities which are the arrangements between them in contributing to reach the targets under paragraph 4 and how the allocations of tasks are within the pool. [By 1 January 2028], the Commission shall adopt delegated acts supplementing this Regulation to establish and specify the detailed conditions and reporting requirements to be applied to these pooling arrangements, taking into account the type and quantity of packaging each operator places on the market each calendar year
and the place where the economic operators are located.
packaging each operator places on the market each calendar year and the place where the economic operators are located. 16946/23
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economic operators going beyond the minimum targets set out in:
Directive (EU) 2019/904;
strictly necessary for the Member State to achieve one or more of the targets in Article 38. 15aa.
Under the conditions set out in Article 45, Member States may set targets for economic operators covering beverages made available in sales packaging which do not fall under paragraph 4 of this Article to the extent that those additional targets are necessary for the Member State to achieve one or more of the targets in Article
Under the conditions set out in Article 45, Member States may set targets for final distributor having a sales area located on an island with a population of less than
this Article to the extent that those additional targets are necessary for the Member State to achieve one or more of the targets in Article 38. Member States may exempt final distributors from the obligation to meet the targets in paragraphs 2 to 4 if their sales area is located on an island with a population of less than 2000 inhabitants. In that case, if the final distributor has more than one sales area, and only one or some of those areas are located on such an island, the relevant beverages and products made available on the market within a territory of a Member State in those sales area shall not be calculated for the purpose of meeting the targets under paragraphs 2 to 4.
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of the] Member States may request the Commission to assess whether there are unforeseen and exceptional economic circumstances that prevent the ability of an economic operator to comply with one or more targets laid down under paragraphs 1 to 13 10 of this Article by the deadlines provided therein. Economic operator shall provide substantiated evidence as to
economic operators concerned to attain the targets, specifying which of the targets listed in paragraphs 1 to 13 10 are concerned; and (ii)
by when, on the basis of the market development and the unforeseen and exceptional circumstances, it is reasonable to expect that the economic operator will be able to achieve those targets.
In its assessment, the Commission shall take into account, in addition to the evidence provided by the economic operator, the specific conditions of the category of economic operators to which the economic operator belongs to, the need to reduce obstacle to competition and trade, and the need to ensure a high level of reuse and packaging waste prevention throughout the Union market.
Based on this assessment, if the Commission concludes that there is a substantial risk for the economic operator concerned will not achieve the reuse and refill targets concerned, the Commission is empowered to adopt delegated acts in accordance with Article 58 to amend paragraphs 1 to 13 10 of this Regulation Article in order to insert a deadline up to 5 years later than the one provided in Article 26 of this Regulation for one or more categories of economic operators, or to address a specific decision to the economic operator concerned exempting it from the obligation for a maximum period of 5 years.
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shall publish guidelines, in consultation with Member States, explaining in more detail the products in the scope of paragraphs 4 and 5.
Tthe Commission shall beis empowered to adopt delegated acts in accordance with Article 58 to supplement this Regulation in order to establish:
and other packaging formats than those in paragraphs 7 to 10, based on the positive experiences with measures taken by Member States under Article 45(2), (b)
exemptions for economic operators additional to those listed in points (a) to (c) and
(b) of paragraph 14 of this Article, due to particular economic constraints encountered in a specific sector related to the compliance with targets set out in this Article,
paragraphs 2 to 6 4 of this Article in case of hygiene, and food safety or environmental issues preventing the achievement of those targets,
paragraphs 2 to 10, 12 and 13 of this Article in case of environmental issues preventing the achievement of those targets. 16946/23
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By [OP: Please insert the date = 8 years after the date of entry into force of this Regulation], the Commission shall review the situation regarding reuse of packaging and, on this basis, assess the appropriateness of establishing measures, reviewing the targets and exemptions laid down in this Article, and the need for setting new targets for the reuse and refill of other productspackaging, and where necessary present a legislative proposal.
By 1 January 2034, taking into account the evolution of the state of the art of the technology and the practical experience gained by economic operators and Member States, the Commission shall present a report reviewing the implementation of the
solutions fostering sustainable packaging that are effective and easy to implement, the feasibility of the achievement of targets set for 2040 on the basis of the experience in achieving the 2030 targets and the evolving circumstances, the relevance of maintaining the exemptions and derogations set out in this Article, life-cycle assessment of single-use and reuse packaging, and the necessity or pertinence of setting new targets for the re-use and refill of other packaging categories.
This report shall, where appropriate be accompanied by a legislative proposal amending this Article, in particular the 2040 targets. 16946/23
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the economic operator making large household appliances listed in point 21 of Annex II to Directive 2012/19/EU available on the market for the first time within the territory of a Member State shall calculate the following:
system for re-use made available on the market for the first time within the territory of a Member State in a calendar year; (b)
the number of units of sales of those appliances in packaging other than reusable packaging as referred to in point (a) made available on the market for the first time within the territory of a Member State in a calendar year.
to (6), 26(4) and 26(5), the final distributor, or and manufacturer, as appropriate, making available on the market such products within the territory of a Member State shall calculate, for each target separately, the following:
food in reusable packaging within a system for re-use made available on the market within the territory of a Member State in a calendar year; (b)
the total number of units of sales, refills, or total volume of beverages and food made available on the market within the territory of a Member State in a calendar year through refill;
available on the market within the territory of a Member State by other means than those referred to in points (a) and (b) in a calendar year. 16946/23
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26(3), the final distributor making available on the market such products within the territory of a Member State shall calculate the following: (a)
the total number of units of sales or total weight of food in reusable packaging within a system for re-use made available on the market within the territory of a Member State in a calendar year;
available on the market within the territory of a Member State in a calendar year through refill;
the market within the territory of a Member State by other means than those referred to in points (a) and (b) in a calendar year. 3.
For the purpose of demonstrating the attainment of the targets laid down in Article 26(7) to (10), the economic operator using such packaging shall calculate, for each target separately, the following:
26(7) to (10) constituting reusable packaging within a system for re-use they used in a calendar year;
26(7) to (10), other than those indicated in point (a), that they used in a calendar
By 31 December 1 January 2028, the Commission shall adopt implementing acts establishing detailed calculation rules and methodology regarding the targets set out in Article 26. The implementing act shall be adopted in accordance with the examination procedure referred to in Article 59(3). 16946/23
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authority, referred to in Article 35 of this Regulation, data concerning the attainment of the targets laid down in Article 26 for each calendar year. 2.
The report referred to in paragraph 1 shall be submitted within six months after the end of the reporting year for which the data are collected.
reported to them and specify the formats to be used.
reliability of the data reported.
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1.
Member States shall take measures to achieve a sustained reduction in the consumption of lightweight plastic carrier bags on in their territory. A sustained reduction is considered to be achieved if the annual consumption does not exceed 40 lightweight plastic carrier bags per person, or the equivalent target in weight, by 31 December 2025, and subsequently by 31 December in each year thereafter. 2.
Measures to be taken by Member States to meet the target set out in paragraph 1 may vary depending on the environmental impact of lightweight plastic carrier bags when they are manufactured, recycled or disposed of, and their composting properties, durability or specific intended use. Such measures may, by way of derogation from Article 4, include the banning of lightweight plastic carrier bags or other marketing restrictions, provided that they are proportionate and non-discriminatory.
Provided that the objectives set out in Article 29 are achieved, Member States may transpose the provisions set outimplement the measures referred to in paragraph 1 by means of agreements between the competent authorities and the economic sectors concerned. 3.
In addition to the measures under paragraphs 1 and 2 above, Member States may take measures, such as economic instruments, and national reduction targets, as regards any kind of plastic carrier bags, regardless of their wall thickness, in accordance with the obligations arising from the Treaty. 16946/23
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In case the a Member State adopts national reduction targets concerning certain plastic carrier bags, they it can introduce measures to achieve such targets, which may, by way of derogation from Article 4, include the banning of such carrier bags or other marketing restrictions, provided that theysuch measures are proportionate and non-discriminatory. If the measures take the form of bans, Member States shall monitor the effects of such measures and revoke the measures immediately in case there is a riskan indication that the end users can are likely to replace the use of banned carrier bags with a packaging or product having a more detrimental impact on the environment. 4.
Member States may exclude very lightweight plastic carrier bags which are required for hygiene purposes or provided as sales packaging for loose food to prevent food wastage from the obligations set out in paragraph 1.
For the purposes of compliance and verification of compliance of packaging with the requirements set out in Articles 5 to 11, and 21 and 29 24 24 of this Regulation, tests, measurements and calculations shall be made using reliable, accurate and reproducible methods, which take into account the generally recognised state-of-the art methods, and whose results are deemed to be of low uncertainty.
Tests, measurements or calculation methods referred to in Article 30 which are in conformity with harmonised standards or parts thereof, the references of which have been published in the Official Journal of the European Union, shall be presumed to be in conformity with the requirements covered by those standards or parts thereof set out in that Article.
performed by conformity assessment bodies under accreditation in accordance with Regulation 765/2008, they shall be presumed to be in conformity with the requirements under paragraph 1 and are part of the accreditation scope. 2.
Packaging which is in conformity with harmonised standards or parts thereof, the references of which have been published in the Official Journal of the European Union, shall be presumed to be in conformity with the requirements covered by those standards or parts thereof set out in Articles 5 to 11, 21 and 24.
Packaging which is in conformity with common technical specifications referred to in paragraph 2, or parts thereof, shall be presumed to be in conformity with the requirements set out in Articles 5 to 11 and 24 to the extent that those requirements are covered by those common technical specifications or parts thereof. 2.
The Commission may, by means of implementing acts, establish common technical specifications for the requirements set out in Articles 5 to 11 and Article 24 where the following conditions are fulfilled:
out in Articles 5 to 11 and Article 24 has been the reference of which is published in the Official Journal of the European Union in accordance with Regulation (EU) No 1025/2012 and no such reference is expected to be published within a reasonable period, or the existing standard does not satisfy the requirements it the request aims to cover; and (b)
the Commission has requested, pursuant to Article 10(1) of Regulation 1025/2012, one or more European standardisation organisations to draft or to revise a harmonised standard for the requirements set out in Articles 5 to 11 and Article 24 and either of the following conditions are fulfilled:
organisations to which the request was addressed; or 16946/23
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organisations to which the request was addressed, but the requested harmonised standards requested:
–
are not fully in line with the requirements they aim to cover. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 59(3).
committee referred to in Article 22 of Regulation (EU) No 1025/2012 that it considers that the conditions in paragraph 2 have been fulfilled.
Commission shall take into account the views of relevant bodies or the expert group and shall duly consult all relevant stakeholders. 3.
Where a harmonised standard is adopted by a European standardisation organisation and proposed to the Commission for the publication of its reference in the Official Journal of the European Union, the Commission shall assess the harmonised standard in accordance with Regulation 1025/2012. When references of a harmonised standard is are published in the Official Journal of the European Union, the Commission shall assess whether implementing acts referred to in paragraph 2, or parts thereof which cover the same requirements set out in Articles 5 to 11 and Article 24 need to be repealed or amended. 16946/23
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When a Member State considers that a common specification does not entirely satisfy the requirements set out in Article 5 to 11 and Article 24, it shall inform the Commission thereof by submitting a detailed explanation. The Commission shall assess that detailed explanation and may, if appropriate, amend the implementing act establishing the common specification in question.
Conformity assessment of packaging with the requirements set out in Articles 5 to 11 shall be carried out in accordance with the procedure set out in Annex VII.
in Articles 5 to 11 has been demonstrated. 25.
The EU declaration of conformity shall have the model structure set out in Annex VIII, shall contain the elements specified in the module set out in Annex VII and shall be continuously updated. It shall be translated into the language or languages required by the Member State in which the packaging is placed on the market or made available on the market. 16946/23
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Where packaging or the packaged product are subject to more than one Union act requiring an EU declaration of conformity, a single EU declaration of conformity shall, where appropriate, be drawn up in respect of all such Union acts. That declaration shall state the Union acts concerned and their publication references. It may be a dossier made up of relevant individual EU declarations of conformity.
for the compliance of the packaging with the requirements laid down in this Regulation.
SECTION 1 – General provisions
1.
Member States shall designate one or more competent authorities responsible for implementation and enforcement of the obligations set out in this Chapter and in Article 6(9), 26(1) to (10), Article 27, Article 28 and Article 29.
competent authority or competent authorities, including administrative and procedural rules governing:
7a); 16946/23
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obligations in accordance with Article 40;
(ca) the authorisation on fulfilment of extended producer responsibility in accordance with Article 42;
the making available of information in accordance with Article 50. By [OP: Please insert the date = 63 months after the date of entry into force of this Regulation], Member States shall notify the Commission of the names and addresses of the competent authorities designated pursuant to paragraph 1. Member States shall inform the Commission without undue delay of any changes to the names or addresses of those competent authorities.
1.
The Commission shall, in cooperation with the European Environment Agency, draw up reports on the progress towards the attainment of the targets laid down in Articles 38 and 46 at the latest three years before each of the deadlines laid down in those Articles.
deadlines, accompanied by appropriate recommendations for the Member States concerned;
provide guidance for progressing towards attaining the targets. 16946/23
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packaging waste, including measures taken pursuant to Articles 43, 44 and 38 and, 4546 of this Regulation.
to Article 29 of Directive 2008/98/EC a dedicated chapter on the management prevention of packaging and packaging waste and littering, including measures taken pursuant to Articles 38 and 45 of this Regulation. 16946/23
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1.
Each Member State shall reduce the packaging waste generated per capita, as compared to the packaging waste generated per capita in 2018 as reported to the Commission in accordance with Decision 2005/270/EC, by at least
5 % by 2030;
In order to support Member States in achieving the packaging waste prevention targets of paragraph 1, by [24 months years after from the date of entry into force of this regulation], the Commission by means of implementing acts, shall adopt a correction factor to account for the increase or decrease in tourism in relation to the base year. This correction factor shall be based on the rate of packaging waste generation per tourist and the variation of tourists in relation to the reference year 2018 and take the packaging waste reduction potential in tourism into account. 16946/23
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Member States shall implement measures aiming to prevent the generation of packaging waste and to minimise the environmental impact of packaging. Such measures may include the use of economic instruments and other measures to provide incentives for the application of the waste hierarchy, such as measures referred to in Annexes IV and IVa to Directive 2008/98/EC, or other appropriate instruments and measures, including incentives through extended producer responsibility schemes and requirements on producers or producer responsibility organisations to adopt waste prevention plans. They shall be proportionate and nondiscriminatory and be designed so as to avoid barriers to trade or distortions of competition in conformity with the Treaty. Such measures shall not lead to a shift to lighter packaging material fulfilling the goal of waste minimisation.
prevention measures that exceedgoing beyond the minimum measures targets set out in this Articleparagraph 1, while complying with the provisions set out in this Regulation. Such measures may include the use of economic instruments and other measures to provide incentives for the application of the waste hierarchy, such as measures referred to in Annexes IV and IVa to Directive 2008/98/EC, or other appropriate instruments and measures, including incentives through extended producer responsibility schemes and requirements on producers or producer responsibility organisations to adopt waste prevention plans. Such measures They shall be proportionate and non-discriminatory and be designed so as to avoid barriers to trade or distortions of competition in conformity with the Treaty.
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request to the Commission to use another base year than 2018 for the calculations of the targets under paragraph 1. Without prejudice to paragraph 2- and 3 of this Article, the Commission may allow Member States to use the requested base year when calculating the targets under paragraph 1 under the condition that the Member State provide substantiated evidence
as calculation of the targets under paragraph 1
that such increase is due to changes in the reporting procedures only, and
(iv)
of better comparability of data between the Member States. By [OP: Please insert the date = 8 years after the date of entry into force of this Regulation], the Commission shall review the targets laid down in paragraph 1. To that end, the Commission shall submit a report to the European Parliament and to the Council, accompanied, if the Commission finds it appropriate, by a legislative proposal.
complying with the provisions set out in this Regulation, adopt provisions which go beyond the minimum requirements set out in this Article. 16946/23
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1.
Member States shall, by 18 months from the entry into force of the implementing acts referred to in Article 39(11), establish a register which shall serve to monitor compliance of producers of packaging with the requirements set out in this Chapter. The register shall provide links to other national registers of producers’ websites to facilitate, in all Member States, registration of producers or appointed authorised representatives for the extended producer responsibility. 2.
Producers shall be obliged to register in the register referred to in paragraph 1. They shall, to that end, submit an application for registration in each Member State where they make packaging available on the market for the first time. Where a producer has appointedentrusted a producer responsibility organisation as referred to in Article 41(1), the obligations set out in this Article shall be met by that organisation, unless otherwise specified by the Member State in which the register is established.
producer’s behalf, behalf of producers by written mandate, be met by an appointed authorised representative for the extended producer responsibility. 4.
Producers shall not make available packaging on the market of a Member State, if they or, where applicable, their appointed authorised representatives for the extended producer responsibility, are not registered in thatsuch Member State. 16946/23
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with Part A of Annex IX. Member States may request additional information or documents if it is necessary for an efficient use of the register such information or documents are necessary to monitor and to ensure compliance with this Regulation and the rules adopted by a Member State pursuant to Article 35(2). 6.
Where an appointed authorised representative for the extended producer responsibility represents more than one producer, it shall in addition to the information to be provided pursuant to paragraph 5, provide the name and the contact details of each one of the represented producers separately. 7.
The producer or, where applicable, the producer’s appointed authorised representative for the extended producer responsibility or the producer responsibility organisation, as stipulated by national law according to paragraph 2 of this Article, shall report to the competent authority responsible for the register, at the latest by 1 June 1 March for each full preceding calendar year, the information set out in Part B of Annex IX. Member States may require the reporting to be audited and certified by independent auditors under the supervision of the competent authorities referred to in Article 35 (1), on the basis, if any, of national standards. 16946/23
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Producers, or where applicable, the producer’s authorised representative, who have placed on the market within the territory of the Member State an amount of packaging lower than 10 tons during one calendar year fall under the definition of micro-enterprise in accordance with the Commission Recommendation 2003/361/EC as publicly available applicable on [OP: Please insert the date = the date of entry into force of this Regulation] or, where applicable, the producer’s authorised representative for the extended producer responsibility or the producer responsibility organisation, as stipulated by national law according to paragraph 2 of this Article, shall report to the competent authority responsible for the register, by 30 Aprilat the latest by 1 June, for each full preceding calendar year, the information set out in Part C of Annex IX. In order to ensure compliance with their reporting obligations established in Article 50, and with the requirements of packaging databases established in Article 51, Member States can set up a lower threshold.
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183 EN Member States may provide that, for a specific calendar year, producers and, where applicable, the producer’s authorised representatives or the producer responsibility organisation, are allowed to report on the basis of the subparagraph above only if they place an amount of packaging, the maximum threshold of which is lower than 10 tonnes during one calendar year, under the conditions that otherwise the Member State concerned will not have sufficient accurate data for (i) complying with the reporting obligations under Article 50, paragraphs 1 and 2, in that calendar year, and
(ii) ensuring that the database under Article 51 are complete and provide the data under Article 50, paragraph 2, letter a). 7b.
In the case of a state-run producer responsibility organisation, the Member State concerned may require the producer to report the information set out in Part B and C of Annex IX to the competent authority responsible for the register under this Article on a quarterly basis. 7cb.
Producers in the case of individual fulfilment of extended producer responsibility obligations, or the entrusted producer responsibility organisation in the case of collective fulfilment of extended producer responsibility obligations, or the reuse system operators, in the case where reuse systems are fulfilling the extended producer responsibility obligations, shall report annually to the competent authority for each preceding calendar year the information set out in Part D of Annex IX. By virtue of national law, Member States may provide that, when public authorities are responsible for the organisation of the management of packaging waste, such authorities shall report the information set out in Part D of Annex IX. 8.
The competent authority responsible for the register:
via an electronic data-processing system, the details of which shall be made available on the competent authorities’ website;
of twelve weeks twelve 12 weeks from the moment that all the information laid down in paragraphs 5 and 6 is provided; 16946/23
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without adding substantive requirements to the ones laid down in paragraphs 5 and 6; (d)
may charge cost-based and proportionate fees to producers for the processing of applications referred to in paragraph 2;
shall receive and monitor the reporting referred to in paragraphs 7 and 7a.
The producer, or, where applicable, the producer’s appointed authorised representative for the extended producer responsibility or the producer responsibility organisation shall without undue delay notify the competent authority of any changes to the information contained in the registration and of any permanent cessation of the making available on the market within the territory of the Member State of the packaging referred to in the registration. A producer shall be excluded from the register three years after the end of the calendar year in which the producer’s registration ends if the producer has ceased to exist as a producer. 10.
Member States shall ensure that the list of registered producers shall be publicly available free of charge. However, the confidentiality of commercially sensitive information in conformity with the relevant Union and national law shall be preserved. The list of registered producers shall be machine readable, sortable and searchable, respecting open standards for third party use. Where the information in the register of producers is not publicly accessible, Member States shall ensure that providers of online platforms allowing consumers to conclude distance contracts with producers are granted access, free of charge, to the information in the register. 11.
The Commission shall, by no later than three years [12 months after the date of entry into force of this Regulation], adopt implementing acts establishing the format for registration in, and reporting to, the register and specifying the granularity of data to be reported and the packaging types and material categories to be covered by the reporting. 16946/23
185 EN The format for reporting shall be interoperable, based on open standards and machine-readable data, and shall be transferable through an interoperable data exchange network without vendor lock-in. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 59(3).
1.
Producers of packaging shall have extended producer responsibility under the schemes established in accordance with Articles 8 and 8a of Directive 2008/98/EC and with this Section for the packaging that they make available on the market for the first time within the territory of a Member State.
2008/98/EC, tThe financial contributions paid by the producer shall cover the following costs:
referred to in Article 12; and (b)
costs of carrying out compositional surveys of collected mixed municipal waste under Commission Implementing Regulation (EU) 2023/595 and under the implementing acts to be adopted pursuant to Article 50 paragraph 7 (a) of this Regulation in case those implementing acts provide for an obligation to carry out such surveys. 16946/23
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A producer as defined in Article 3, point (10) (iii) shall appoint, by written mandate, an appointed authorised representative for the extended producer responsibility in each Member State other than the Member State where it is established where it makes packaging available for the first time. Member States may provide that producers established in third countries shall appoint, by written mandate, an authorised representative for the extended producer responsibility when making packaged products available on their territory for the first time. 3.
For the purpose of compliance with Article 30, paragraph 1, points (d) and (e), of Regulation (EU) 2022/2065, Pproviders of online platforms, falling within the scope of Section 4 of Chapter 3 III of Regulation (EU) 2022/2065, allowing consumers to conclude distance contracts with producers shall obtain the following information from producers offering packaging to consumers located in the Union, prior to allowing them to use their services:
Member State where the consumer is located and the registration number(s) of the producer in that register; (b)
a self-certification by the producer committing to only offer packaging with regard to which the extended producer responsibility requirements referred to in paragraphs 1 and 2 of this aArticle are complied with in the Member State where the consumer is located. Member States may provide that, when an automated data reconciliation with the national register is provided for within that Member State, this shall be applicable for verification of a) and b). 16946/23
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The provider of the online platform allowing consumers to conclude distance contracts with traders shall verify the information in paragraph 3 point (a) with the publicly available registration list referred to in Article 39(10), and where the provider obtains sufficient indications or has reason to believe that any item of information referred to in paragraph 3 obtained from the trader concerned is inaccurate, incomplete or not up-to-date, the provider shall request the trader to remedy that situation without delay or within the period set by national law. Where the trader fails to correct or complete that information, the provider of the online platform shall swiftly suspend the provision of its service to that trader until the request has been fully complied with.
Article 42 to carry out the extended producer responsibility obligations on their behalf. Member States may adopt measures to make the entrustment of a producer responsibility organisation mandatory. 2.
Where, in the territory of a Member State, multiple producer responsibility organisations are authorised to fulfil extended producer responsibility obligations on behalf of producers, the Member State shall ensure that the producer responsibility organisations and producers that have not entrusted a producer responsibility organisation, when taken together, cover the whole territory of the Member State as regards the activities in accordance with Articles 42(3), 43 and 44. Member States shall entrust the competent authority, or appoint an independent third party, to oversee that producer responsibility organisations fulfil their obligations in a coordinated manner. 3.
Producer responsibility organisations shall ensure the confidentiality of the data in its possession as regards proprietary information or information directly attributable to individual producers or their appointed authorised representatives. 16946/23
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In addition to the information referred to in Article 8a(3), point (e), of Directive 2008/98/EC, producer responsibility organisations shall publish on their websites, at least every year and subject to commercial and industrial confidentiality, information on the amount of packaging made available on the market for the first time in the territory of a Member State and on the levels of recovered and recycled materials in relation to the amount of packaging for which they have been performing producer responsibility obligations. Member States may provide that, when public authorities are responsible for the organisation of the management of packaging waste, such authorities shall publish on their websites, at least once a year, information on the levels of recovered and recycled materials in relation to the amount of packaging waste generated in their territory.
regardless of their origin or size, without placing a disproportionate burden on producers of small quantities of packaging, including small-and medium-sized enterprises.
obligations, or the appointed entrusted producer responsibility organisations in the case of collective fulfilment of extended producer responsibility obligations, shall apply for an authorisation from the competent authority. 16946/23
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The Member State shall in its measures laying down administrative and procedural rules referred to in Article 35, establish the requirements and details of the authorisation procedure, which can be different for either individual or collective fulfilment of the extended producer responsibility, and the modalities for verifying compliance, including the information to be provided by producers or producers responsibility organisations to that end. The authorisation procedure shall include requirements on the verification of the arrangements put in place to ensure compliance with the requirements laid down in paragraph 3, and timeframes for this verification, which shall not exceed twelve weeks six months from the submission of a complete application dossier. This verification shallmay be done by a competent authority or an independent expert who shall issue a verification report on its result. The independent expert shall be independent of the competent authority and of the producer responsibility organisations or the producers authorised for individual fulfilment.
include measures ensuring that:
2008/98/EC are complied with; (b)
the measures put in place or paid by the producer or producer responsibility organisation are sufficient to allow for the return or collection in accordance with Article 43(1) and (2) and Article 44, and recycling, free of charge for end users, with a frequency proportionate to the area and volume covered, of packaging waste with regard to the amount and types of packaging made available on the market for the first time within the territory of a Member State by that producer or producers on whose behalf the producer responsibility organisation acts;
place with distributors, public authorities or third parties carrying out waste management on their behalf; 16946/23
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the necessary sorting and recycling capacity is available to ensure that packaging waste collected is subsequently subject to preliminary treatment and high-quality recycling;
the requirement laid down in paragraph 6 is complied with.; The competent authority may charge cost-based and proportionate fees to producers or entrusted producer responsibility organisations for the authorisation procedure referred to in paragraph 2. 4.
The producer or the producer responsibility organisations shall notify the competent authority without undue delay of any changes to the information contained in the application for an authorisation, of any changes that concern the terms of the authorisation or of the permanent cessation of operations. The competent authority may decide to modify the relevant authorisation according to the notified changes. 5.
The competent authority may decide to revoke the relevant authorisation in particular if the producer or producer responsibility organisation no longer fulfils the requirements with regard to the organisation of the treatment of packaging waste or fails in relation to other extended producer responsibility obligations under the schemes established in accordance with Articles 8 and 8a of Directive 2008/98/EC and with this Section such as reporting to the competent authority or in relation to the notification of any changes that concern the terms of the authorisation, or has ceased operations. 16946/23
191 EN 6.
A producer, in the case of individual fulfilment of extended producer responsibility obligations, and producer responsibility organisations appointed in the case of collective fulfilment of extended producer responsibility, shall provide an adequate guarantee intended to cover the costs related to waste management operations due by the producer, or the producer responsibility organisation, in case of non-compliance with the extended producer responsibility obligations, including in case of permanent cessation of its operations or insolvency. That guarantee may take the form of a recycling insurance or a blocked bank account or participation by the prodcuerproducer in the producer responsibility organisation. Member States may specify additional requirements on this guarantee. In the case of a state-run producer responsibility organisation, such guarantee may be provided otherwise than by the organisation itself and may take the form of a public fund that is financed by producers’ fees and for which the Member State running the organisation is jointly and severally liable.
1.
By 2030, Member States shall ensure that systems are set up to provide for the return and separate collection of all packaging waste from the end users, in a given year, in order to ensure that it is treated in accordance with Articles 4 and 13 of Directive 2008/98/EC, and to facilitate its preparation for re-use and high-quality recycling. Packaging complying with Design for Recycling criteria as definedestablished in delegated acts adopted under Article 6(4) shall be collected for recycling. Incineration and landfill of such packaging shall is not to be allowed, with the exception of waste resulting from subsequent treatment operations of separately collected packaging waste for which recycling is not feasible or does not deliver the best environmental outcome.
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packaging or fractions of packaging waste together or together with other waste does not affect the potential of such packaging or fractions of packaging waste to undergo preparing for re-use, recycling or other recovery operations in accordance with Articles 4 and 13 of Directive 2008/98/EC and generates output from those operations which is of comparable quality to that achieved through separate collection.
the competent public authorities and third parties carrying out waste management on their behalf; (b)
cover the whole territory of the Member State and all packaging waste from all types of packaging and activities, and take into account population size, expected volume and composition of packaging waste, as well as accessibility and vicinity to end users. They shall include the separate collection in public spaces, business premises and residential areas;
the detailed arrangements and any tariffs imposed for access to the systems and any other conditions, and be designed so as to avoid barriers to trade or distortions of competition in conformity with the Treaty. 3a.
Member States may provide for the participation of public waste management systems in the organisation of the systems referred to in paragraph 1. 16946/23
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the quality standards for the use of recycled materials in the relevant sectors.
types of packaging waste may be collected together where such collection does not affect their potential to undergo recycling operations and results in output from those operations which is of comparable quality to that achieved through separate collection.
1.
By 1 January 2029, Member States shall take the necessary measures to ensure that deposit and return systems are set up for the separate collection of at least 90% per year by weight of the following packaging formats made available on the market for the first time in that Member State in a given calendar year
three litres; and
three litres.
The amount of packaging laid down in points (a) and (b) made available on the market in a Member States may usebe deemed to be equal to the amount of packaging waste generated from packaging place on the market to calculate the targets laid down in points (a) and (b) as set out in the implementing act under Article 47(2) such products, including as litter, in the same year in that Member State. 16946/23
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In order to achieve the targets referred to in paragraph 1, Member States shall take the necessary measures to ensure that deposit return systems are set up for the relevant packaging formats referred to in paragraph 1, and to ensure that a deposit has to be charged at the point of sale. In the case of consumption in hospitality premises provided that the deposit bearing packaging is opened, the product is consumed, and the empty deposit bearing packaging is returned within the premises, member states may exempt economic operators from charging a deposit.
The obligation set out in the first sentence of the first subparagraph Such obligation The obligation laid down in paragraph 1 does not apply to packaging for:
(b)
milk and milk products listed in Part XVI of Annex I to Regulation (EU) No 1308/2013. Member States may exempt single use plastic beverage bottles and single use metal beverage containers with capacities lower than 0,1 litres from participation in the deposit and return systems, where such participation is not technically feasible.
from the obligation under paragraph 12 under the following conditions: (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 78 8590 % by weight of such packaging placed made available on the market for the first time on the territory of that Member State in the calendar years 2026 2024 2026 and 202720275. 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; 16946/23
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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.
3, point (b), the Commission may request a Member State to revise that plan, if it considers that it does not comply with the requirements set out in point (bc) of that paragraph. The Member State concerned shall submit a revised plan within 3 months of receipt of the Commission’s request. 5.
If the separate collection rate of the packaging referred to in paragraph 1 in a Member State concerned decreases and remains below 90 % by weight of a given packaging format placed on the market for three consecutive calendar years, the Commission shall notify the Member State concerned that the exemption no longer applies. The deposit and return system shall be established by 1 January in the second calendar year following the year in which the Commission notified the Member State concerned that the exemption no longer applies. 6.
Member States shall endeavour to establish and maintain deposit and return systems in particular for single use glass beverage bottles, and beverage cartons and for reusable packaging. Member States shall endeavour to 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. 7.
A Member State may, 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 Article and such as the possibility to include packaging listed in paragraphs 2(a) and (b), and packaging for other products or made of other materials.. 16946/23
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with a similar purpose and format to those established under paragraph 1 are not lessalso convenient for end users than opportunities as they are to return single-use packaging to a deposit and return system. 9.
By 1 January 20289, Member States shall ensure that at least theall deposit and return systems, including those established under paragraph 25 6 after the entry into force of this Regulation, meet the minimum criteria listed in Annex X. The minimum criteria listed in Annex X shall not apply to deposit and return systems established before the entry into force of this Regulation, which achieve the 90 % target set in paragraph 1 by 1 January 2029. Member States shall endeavour to ensure that existing deposit and return systems comply with the minimum requirements in Annex X when they are first reviewed. If the 90 % target is not achieved by 1 January 2029, existing deposit and return systems shall comply with the minimum requirements in Annex X at the latest by 1 January 2035. 9a.
empowered to publish guidelines, in consultation with Member States, on deposit and return systems inter-operability, including examples of best-practices, for regions with high transboundary business.
recognised in the fourth subparagraph of Article 349 of the Treaty, taking into account their local specificities. 16946/23
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1.
Without prejudice to Articles 23 to 27 of this Regulation, Member States shall take measures to encourage the set-up of systems for re-use of packaging and systems for refill in an environmentally sound manner. Those systems shall comply with the requirements laid down in Articles 24 and 25 and Annex VI of this Regulation and shall not compromise food hygiene or the safety of consumers.
Annex X for reusable packaging and for other packaging formats that those referred to in Article 44(1), (b)
the use of economic incentives, including requirements to final distributors, to charge the use of single-use packaging or and to inform consumers about the cost of such packaging at the point of sale,
a system for re-use or through refill a certain percentage of other products than those covered by targets laid down in Article 26 on the condition that this does not lead to distortions on the internal market or trade barriers for products from other Member States., 16946/23
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targets for economic operators in sectors covered by Article 26 going beyond the minimum targets set out in that Article.
covering the whole of their territory:
generated;
following specific materials contained in packaging waste generated:
(iii) 70 % of ferrous metals;
(iv) 50 % of aluminium;
(vi) 75 % of paper and cardboard; (c)
by 31 December 2030, a minimum of 70 % by weight of all packaging waste generated; 16946/23
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following specific materials contained in packaging waste generated:
(iii) 80 % of ferrous metals;
(iv) 60 % of aluminium;
(vi) 85 % of paper and cardboard.
deadlines set out in paragraph 1, points (b)(i) to (vi), and (d)(i) to (vi) by up to 5 years, under the following conditions: (a)
the derogation from the targets in the period of postponement is limited to a maximum of 15 percentage points from a single target or divided between two targets,
recycling rate for a single target is not reduced below 30 %,
recycling rate for a single target referred to in paragraph 1, points (b)(v) or and
(vi) of paragraph 1 is not reduced below 60 %, and the recycling rate for a single target referred to in paragraph 1, point (d)(v) and (vi) is not reduced below 70% and 16946/23
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at the latest 24 months before the respective deadline laid down in paragraph 1, points (b) and (d), of this Article, the Member State notifies the Commission of its intention to postpone the deadline and submits to the Commission an implementation plan in accordance with Annex XI to this Regulation, which may be combined with an implementation plan submitted pursuant to Article 11(3), point (b), of Directive 2008/98/EC, to comply with the targets in paragraph 1(c) and (d)(i) to (vi). 3.
Within three months of receipt of the implementation plan submitted pursuant to paragraph 2, point (d), the Commission may request a Member State to revise that plan if the Commission considers that the plan does not comply with the requirements set out in Annex XI. The Member State concerned shall submit a revised plan within 3 months of receipt of the Commission’s request. If the Commission considers that the plan still does not comply with the requirements set out in Annex XI, which means that it is unlikely that the Member States will be able to meet the targets within the additional period requested by the Member State, but not longer than 5 years, the Commission shall reject the implementation plan and the Member States shall be obliged to comply with the targets within the deadlines set in paragraph 1, points (a) and (c) of this Article.
Regulation], the Commission shall review the targets laid down in paragraph 1, points (c) and (d), of with a view to increasing them or setting further targets. To that end, the Commission shall submit a report to the European Parliament and to the Council, accompanied, if the Commission finds it appropriate, by a legislative proposal.
recycled packaging waste for the manufacturing of packaging and other products by:
16946/23
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A Member State may, 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 targets requirements set out in this Article.
carried out in accordance with the rules laid down in this Article. 2.
Member States shall calculate the weight of packaging waste generated in a given calendar year. The calculation of packaging waste generated in a Member State must be exhaustive. The methodology to calculate the packaging waste generated shall be based on the following approaches (a) the amount of packaging made available on the market in a Member State may be deemed to be equal to the amount of waste generated from such packaging, including as litter, in that specific year, or (b) the amount of packaging waste generated in the same year in that Member State.
Calculations based on the two approaches referred to in points (a) and (b) shall be adjusted to ensure comparability, reliability and exhaustiveness of the results in accordance with the requirements and verifications to be established under implementing act referred to in Article 50(7)(a).
year. The weight of packaging waste recycled shall be calculated as the weight of packaging that has become waste which, having undergone all necessary checking, sorting and other preliminary operations to remove waste materials that are not targeted by the subsequent reprocessing and to ensure high-quality recycling, enters the recycling operation whereby waste materials are actually reprocessed into products, materials or substances. 16946/23
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Composite packaging and other packaging composed of more than one material shall be calculated and reported per material contained in the packaging. Member States may derogate from this requirement where a given material constitutes an insignificant part of the packaging unit, and in no case more than 5 % of the total mass of the packaging unit. 5.
Packaging waste exported out of the Union shall be calculated as recycled by the Member State in which it was collected only if, in accordance with Regulation (EC) No 1013/2006, the exporter can prove that the shipment of waste complies with the requirements of this Regulation and that the recycling of packaging waste outside the Union took place under conditions that are broadly equivalent to those prescribed by the relevant Union legislation.
when the waste enters the recycling operation. By way of derogation from the first sub-paragraph of this Article paragraph, the weight of the packaging waste recycled may be measured at the output of any sorting operation provided that: (a)
such output waste is subsequently recycled;
preceding the recycling operation and are not subsequently recycled is not included in the weight of waste reported as recycled. 7.
Member States shall establish an effective system of quality control and traceability of the packaging waste to ensure that the conditions laid down in paragraphs 2 and to 67 are met. That system may consist of electronic registries set up pursuant to Article 35(4) of Directive 2008/98/EC or technical specifications for the quality requirements of sorted waste. It may also consist of average loss rates for sorted waste for various waste types and waste management practices respectively, provided that reliable data cannot be otherwise obtained. Average loss rates shall be calculated on the basis of the calculation rules established in the delegated act adopted pursuant to Article 11a(10) of Directive 2008/98/EC. 16946/23
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The amount of biodegradable packaging waste that enters aerobic or anaerobic treatment may be counted as recycled where that treatment generates compost, digestate, or other output with a similar quantity of recycled content in relation to input, which is to be used as a recycled product, material or substance. Where the output is used on land, Member States may count it as recycled only if this use results in benefits to agriculture or ecological improvement. 9.
The amount of packaging waste materials that have ceased to be waste as a result of a preparatory operation before being reprocessed may be counted as recycled provided that such materials are destined for subsequent reprocessing into products, materials or substances to be used for the original or other purposes. However, end-of-waste materials to be used as fuels or other means to generate energy, or to be incinerated, backfilled or landfilled, shall not be counted as recycled.
of waste in proportion to the share of the packaging waste incinerated provided that the recycled metals meet certain quality criteria laid down in Commission Implementing Decision (EU) 2019/1004. 11.
Packaging waste sent to another Member State for the purposes of recycling in that other Member State may only be counted as recycled by the Member State in which that packaging waste was collected.
State in which it was collected only if the requirements set out in paragraph 3 are met and if, in accordance with Regulation (EC) No 1013/2006, the exporter can prove that the shipment of waste complies with the requirements of that Regulation, including that the treatment of packaging waste outside the Union took place under conditions that are broadly equivalent to the requirements of the relevant Union environmental law. 16946/23
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Rules on the calculation of the attainment of the recycling targets by including re-use
46(1) for a given year by taking into account the average share, in the preceding three years, of reusable sales packaging placed on the market for the first time and re-used as part of a system for re-use of packaging. The adjusted level shall be calculated by subtracting:
reusable sales packaging referred to in the first subparagraph in all sales packaging placed on the market, and (b)
from the targets laid down in Article 46(1), points (b) and (d), the share of the reusable sales packaging referred to in the first subparagraph, composed of the respective packaging material, in all sales packaging composed of that material placed on the market. No more than five percentage points of the average share of reusable sales packaging shall be taken into account for the calculation of the respective adjusted target level.
for re-use in the calculation of the targets laid down in Article 46(1), point (a), Article 46(1), point (b)(ii), Article 46(1), point (c), and Article 46(1), point (d)(ii). 16946/23
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Article 11 of this Regulation, producers or, where appointedentrusted in accordance with Article 41(1), producer responsibility organisations, or public authorities appointed by Member States when applying Article 8a (2) of Directive 2008/98/EC, shall make available to end-users, in particular consumers, the following information regarding the prevention and management of packaging waste with respect to the packaging that the producers supply within the territory of a Member State:
practices; (b)
re-use arrangements available for packaging;
materials, including handling of packaging containing hazardous products or waste;
accordance with Article 11 or present in the documents accompanying the packaged product;
inappropriate discarding of packaging waste, such as littering or discarding in mixed municipal waste, and the adverse environmental impact of single-use packaging, in particular plastic carrier bags; 16946/23
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the composting properties and appropriate waste management options for compostable packaging according to article 8(2). Consumers shall be informed that compostable packaging is compostable in industrially controlled conditions and should not be thrown in home compost or nature not suitable for home composting or littering in nature and compostable packaging shall not be thrown away in nature.
Obligations under paragraph 1, point (d), shall be applicable as of [OP: Please insert the date = 42 months afterfrom the date of entry into force of this Regulation] or the date of application of Article 11, whichever is the latest.
consumers.
information in conformity with the relevant Union and national law shall be preserved.
packaging, 16946/23
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the annual consumption of very lightweight plastic carrier bags, lightweight plastic carrier bags and thick plastic carrier bags per person, separately for each category as listed in Table 5 of Annex XII;
deposit and return systems set out in Article 44(1), Member States may provide data on the annual consumption of very thick plastic carrier bags per person. Member States may also provide data on the annual consumption of other material carrier bags.
Annex IX for each calendar year data on: (a)
the amounts of packaging made available placed on the market for the first time on the territory of that Member State for each packaging type category and material as listed in Table 41 of Annex XIIX;
category as listed in Table 134 in theof Annex XIIX;
packaging category waste as listed in Table 4 of Annex XII; (d)installed capacities for sorting and recycling for each packaging type and material as listed in Table 1 of Annex II.
(a)
with respect to obligations laid down in paragraph 1, points a and b, and paragraph 2, the first second full calendar year after the entry into force of the implementing act that establishes the format for reporting to the Commission, in accordance with paragraph 7;
starting from 1 January 2028. 16946/23
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Member States shall make the data referred to in paragraphs 1 and 2 available electronically within 19 months after the end of the reporting year for which the data are collected. They shall report the data electronically within 19 months of the end of the reporting year for which the data are collected in the format established by the Commission in accordance with paragraph 7.
accompanied by a quality check report. That quality check report shall be presented in the format established by the Commission in accordance with paragraph 7. 6.
The data made available by Member States in accordance with this Article shall be accompanied by a report on the measures taken pursuant to Article 47(58) and (812), including detailed information about the average loss rates where applicable.
entry into force of this Regulation], adopt implementing acts establishing:
paragraphs 1, points (a) and (c), and 2, including the methodology for determining packaging waste generated, and the format for the reporting; (b)
the methodology for the calculation of the annual consumption of lightweight plastic carrier bags per person referred to in paragraph 1, point (b), and the format for their reporting;
decrease in tourism in relation to the base year, for the purpose of achieving the packaging waste prevention targets. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 59(3). 16946/23
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Member States shall require that system operators for reuse systems and all economic operators making packaging available in the Member States provide competent authorities with accurate and reliable data allowing Member States to fulfil their reporting obligations under this Article, taking into account, where relevant, particular problems faced bying small and medium-sized enterprises with regard to the provision of detailed data.
1.
By [OP: Please insert the date = xx 12 months from after the date of entry into force of this Regulationadoption of the implementing acts referred to in Article 50(7)], the Member States shall take the necessary measures to ensure that databases on packaging and packaging waste are established, where not already in place, on a harmonised basis, to enable the reporting to the Commission.
packaging waste flows at the level of individual Member States;
1.
Without prejudice to Article 19 of the Regulation (EU) 2019/1020, where the market surveillance authorities of one Member State have sufficient reason to believe that packaging covered by this Regulation presents a risk to the environment or human health, they shall carry out an evaluation in relation to the packaging concerned covering all requirements laid down in this Regulation that are relevant to the risk. The relevant economic operators shall cooperate as necessary with the market surveillance authorities.
Where, in the course of that evaluation, the market surveillance authorities find that the packaging does not comply with the requirements laid down in this Regulation, they shall without delay require the relevant economic operator to take appropriate and proportionate corrective measures, within a reasonable period prescribed by the market surveillance authorities which is commensurate with the nature and, where relevant the degree of the non-compliance, to bring the packaging in compliance with those requirements.
contact sensitive packaging subject to specific legislation aimed at protecting human health, the surveillance authorities shall not evaluate a risk to human or animal health originating from the packaging material, if transferred to the packaged content of the packaging material, but alert the authorities competent for controlling those risks. These authorities shall be the competent authorities referred to in Regulation (EU) 2017/625, Regulation (EU) 2017/745, Regulation (EU) 2017/746, Directive 2001/83/EC or Regulation (EU) 2019/6. 16946/23
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Where the market surveillance authorities consider that non-compliance is not restricted to their national territory, they shall inform the Commission and the other Member States of the results of the evaluation and of the actions, which they have required the economic operator to take.
respect of all the concerned packaging that the economic operator has made available on the market throughout the Union. 5.
Where the relevant economic operator does not take adequate corrective measures within the period referred to in paragraph 1, second subparagraph, or the non-compliance persists, the market surveillance authorities shall take all appropriate provisional measures to prohibit the making available of the packaging on their national market, to withdraw the packaging from that market or to recall it.
The market surveillance authorities shall inform the Commission and the other Member States, without delay, of those measures. 16946/23
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The information to the Commission and the other Member States referred to in paragraph 5
Article 34 of Regulation (EU) 2019/1020 and shall include all available details, in particular the data necessary for the identification of the non-compliant packaging, the origin of the packaging, the nature of the non-compliance alleged and the risk involved, the nature and duration of the national measures taken and the arguments put forward by the relevant economic operator and, where applicable, the information referred to in Article 55 4 (1). The market surveillance authorities shall also indicate whether the non-compliance is due to either of the following: (b)
failure of the packaging to meet the sustainability requirements set out in Articles 5 to 10 of this Regulation;
Articles 31 and 32 of this Regulation.
inform the Commission and the other Member States of any measures adopted and of any additional information at their disposal relating to the non-compliance of the packaging concerned, and, in the event of disagreement with the adopted national measure, of their objections. 8.
Where, within three months of receipt of the information referred to in paragraph 4, no objection has been raised by either a Member State or the Commission in respect of a provisional measure taken by a Member State, that measure shall be deemed justified. Provisional measures may provide for a period longer or shorter than three months in order to take account of the specificities of the requirements concerned. 16946/23
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appropriate restrictive measures are taken without delay in respect of the packaging or the manufacturer concerned.
1.
Where, on completion of the procedure set out in Article 52(3) (5) and (6) (4), objections are raised against a measure taken by a Member State, or where the Commission considers a national measure to be contrary to Union legislation, the Commission shall without delay enter into consultation with the Member States and the relevant economic operator or operators and shall evaluate the national measure. On the basis of the results of that evaluation, the Commission shall decide by means of an implementing act whether the national measure is justified or not.
That implementing act shall be adopted in accordance with the examination procedure referred to in Article 59(3). 2.
The Commission shall address its decision to all Member States and shall without delay communicate it to them and the relevant economic operator or operators. If the national measure is considered justified, all Member States shall take the necessary measures to ensure that the non-compliant packaging is withdrawn from their market, and shall inform the Commission accordingly.
If the national measure is considered unjustified, the Member State concerned shall withdraw that measure.
packaging is attributed to shortcomings in the harmonised standards referred to in Article
of Regulation (EU) No 1025/2012.
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214 EN 4. Where the national measure is considered justified and the non-compliance of the packaging is attributed to shortcomings in the common technical specifications referred to in Article 32, the Commission shall, without delay, amend or repeal the common technical specifications concerned. Article 54 Compliant packaging which presents a risk 1.
Where, having carried out an evaluation under Article 52, a Member State finds that although packaging is in compliance with the applicable requirements set out in Articles 5 to 11, it presents a risk to the environment or human health, it shall without delay require the relevant economic operator to take all appropriate measures, within a reasonable period prescribed by the market surveillance authorities and commensurate with the nature and, where relevant, the degree of risk, to ensure that the packaging concerned, when placed on the market, no longer presents that risk, to withdraw the packaging from the market or to recall it. 2.
By derogation from paragraph 1, in case of risk to human health concerns relating to contact sensitive packaging subject to specific legislation aimed at protecting human health, the surveillance authorities shall not evaluate a risk to human or animal health originating from the packaging material, if transferred to the packaged content of the packaging material, but alert the authorities competent for controlling those risks. These authorities shall be the competent authorities referred to in Regulation (EU) 2017/625, Regulation (EU) 2017/745, Regulation (EU) 2017/746, Directive 2001/83/EC or Regulation (EU) 2019/6. 3.
The economic operator shall ensure that corrective measures are taken in respect of all the concerned packaging that the economic operator has made available on the market throughout the Union. 16946/23
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of its findings and subsequent actions pursuant to paragraph 1. That information shall include all available details, in particular the data necessary for the identification of the packaging concerned, the origin and the supply chain of the packaging, the nature of the risk involved and the nature and duration of the national measures taken. 5.
The Commission shall without delay enter into consultation with the Member States and the relevant economic operator or operators and shall evaluate the national measures taken. On the basis of the results of that evaluation, the Commission shall decideadopt an implementing act determining whether the national measure is justified or not and, where necessary, propose appropriate measures.
That implementing act shall be adopted in accordance with the examination procedure referred to in Article 59(3). On duly justified imperative grounds of urgency relating to the protection of the environment or human health, the Commission shall adopt an immediately applicable implementing act in accordance with the procedure referred to in Article 589(4).
The Commission shall address its decision to all Member States and shall immediately communicate it to them and the relevant economic operator or operators.
designated pursuant to Article 25(1) of Regulation (EU) 2019/1020 the measures referred to in Article 52(5) (4) of this Regulation where the non-compliance is not restricted to their national territory. This communication shall include all relevant information, in particular the details necessary for the identification of the non-compliant packaging to which the measures apply and, in case of packaged product, the product itself. 16946/23
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The authorities designated pursuant to Article 25(1) of Regulation (EU) 2019/1020 shall use the information communicated pursuant to paragraph 1 of this Article for carrying out their risk analysis under Article 25(3) of Regulation (EU) 2019/1020.
entering the information in the relevant customs risk management environment. 3.
The Commission shall develop an interconnection to automate the communication referred to in paragraph 1 from the information and communication system referred to in Article 52(56) to the environment referred to in paragraph 2 3. That interconnection shall start operating no later than two years from the date of the adoption of the implementing act referred to in paragraph 4 5. 4.
The Commission is empowered to adopt implementing acts specifying the procedural rules and the details of the implementation arrangements for paragraph 3 4 including the functionalities, data elements and data processing, as well as the rules on the processing of personal data, confidentiality and controllership for the interconnection referred to in paragraph 3 4. Those implementing acts shall be adopted in accordance with the examination procedure pursuant to Article 59(3).
economic operator to put an end to the non-compliance concerned:
(b)
the EU declaration of conformity has not been drawn up correctly; 16946/23
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required information in accordance with that Article;
or contains errors;
incomplete;
fulfilled;
excessive packaging set out in Articles 21 and 22 are not complied with; (h)
in relation to reusable packaging, the requirements on the establishment, operation and or participation in a system for re-use referred to in Article 24 are not fulfilled;
not fulfilled;
(ka) the producer did not register pursuant to Article 39 of this Regulation;
(kb) the producer does not comply with the obligations under Article 40, paragraphs 1 and 2 of this Regulation. 16946/23
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Where the non-compliance referred to in paragraph 1, points (a) to (f), persists, the Member State concerned shall take all appropriate measures to prohibit the packaging being made available on the market or ensure that it is recalled or withdrawn from the market. Where the non-compliance referred to in paragraph 1, points (g) to (k), persists, Member States shall apply the rules on penalties applicable to infringements of this Regulation which are laid down by the Member States in accordance with Article 62.
1.
Contracting authorities, as defined in Article 2(1) of Directive 2014/24/EU or Article 3(1) of Directive 2014/25/EU, or contracting entities, as defined in Article 4(1) of Directive 2014/25/EU, shall, when awarding any public contracts falling within the scope of those Directives, for packaging or packaged products or for services using packaging or packaged productsor of the products used by the services object of the contract in situations covered by those Directives, apply the minimum mandatory green public procurement requirements criteria to be developed in delegated implementing acts adopted pursuant to paragraph 3 In order to incentivize the supply and demand for environmentally sustainable packaging, the Commission shall, by … [OP: please insert the date = 60 months from the date of entry into force of this Regulation], adopt implementing acts specifying minimum mandatory requirements for public contracts falling within the scope of Directive 2014/24/EU for packaging or packaged products or for services using packaging or packaged products or Directive 2014/25/EU, and awarded by contracting authorities, as defined in Article 2(1) of Directive 2014/24/EU or Article 3(1) of Directive 2014/25/EU, or contracting entities, as defined in Article 4(1) of Directive
2014/25/EU, in which the packaging or packaged products represent more than 30% of the estimated contract value or of the value of products used by the services object of the contract.
Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 59 paragraph 3. 16946/23
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apply to any procedures for the awarding of public contracts referred to in that paragraph according to paragraph 1 for procurement by contracting authorities or contracting entities for the awarding of public contracts for packaging or packaged products or for services using packaging or packaged products, which is initiated commenced 12 months or later after the date of entry into force of the respective delegated implementing act to be adopted pursuant to paragraph 3. 3.
The Commission shall, by … [OP: please insert the date = 60 months afterfrom the date of entry into force of this Regulation], adopt delegated implementing acts in accordance with Article 59(3)8 supplementing this Regulation by establishing minimum mandatory green public procurement requirements shall criteria based on the requirements set out in Articles 5 to 10 and on the following elements:
products or for the services or works using packaging or packaged products;
packaging or packaged products; (bc)
the economic feasibility for contracting authorities or contracting entities to buy more environmentally sustainable packaging or packaged products, without entailing disproportionate costs.;
products;.;
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The minimum mandatory green public procurement requirements shall may take the form of: mandatory
2014/24/EU and of Article 60 of Directive 2014/25/EU. The requirements may also be in the form of targets. (ii)
selection criteria within the meaning of Article 58 of Directive 2014/24/EU and of Article 80 of Directive 2014/25/EU, or
Directive 2014/24/EU and of Article 87 of Directive 2014/25/EU.
2014/24/EU and of Article 82 of Directive 2014/25/EU. Those minimum mandatory green public procurement requirements criteria shall be developed in accordance with the principles contained in Directive 2014/24/EU and in Directive 2014/25/EU to and with the principle that the packaging to be chosen on the basis of those criteria facilitates the achievement of the objectives of this Regulation. 4.
Contracting authorities and contracting entities referred to in paragraph 1 may, in duly justified cases, derogate from the mandatory requirements specified in a delegated implementing act referred to in paragraph 1 on the grounds of public security or public health. Contracting authorities and contracting entities may also, in duly justified cases, derogate from the mandatory requirements, when those would lead to unresolvable technical difficulties. 16946/23
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conditions laid down in this Article. 2.
The power to adopt delegated acts referred to in Article 5(5), Article 6(4), Article 6(6), Article 7(9), Article 7(10), Article 7(11), Article 8(5), Article 22(4) and, Article 26(16) and Article 57(3) shall be conferred on the Commission for a period of ten five years from date of entry into force of this Regulation. The Commission shall draw up a report in respect of the delegation of power no later than nine months before the end of the five-year period. The delegation of power shall be tacitly extended for periods of an identical duration, unless the European Parliament or the Council opposes such extension no later than 3 months before the end of each period. 3.
The delegation of power referred to in Article 5(5), Article 6(4), Article 6(6), Article 7(9), Article 7(10), Article 7(11), Article 8(5), Article 22(4) and, Article 26(16) and Article 57(3) may be revoked at any time by the European Parliament or by the Council. A decision to revoke shall put an end to the delegation of the power specified in that decision.
It shall take effect the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force. 16946/23
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Before adopting a delegated act, the Commission shall consult experts designated by each Member State in accordance with the principles laid down in the Interinstitutional Agreement of 13 April 2016 on Better Law-Making.
European Parliament and to the Council. 6.
A delegated act adopted pursuant to Article 5(5), Article 6(4), Article 6(6), Article 7(9), Article 7(10), Article 7(11), Article 8(5), Article 22(4), and Article 26(16) and Article 57(3) shall enter into force only if no objection has been expressed either by the European Parliament or the Council within a period of two months of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object.
That period shall be extended by two months at the initiative of the European Parliament or of the Council.
1.
The Commission shall be assisted by the committee referred to in Article 39 of Directive 2008/98/EC. That committee shall be a committee within the meaning of Regulation (EU) No 182/2011.
apply. 16946/23
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Where reference is made to this paragraph, Article 5 of Regulation (EU) No 182/2011 shall apply. Where the committee delivers no opinion, the Commission shall not adopt the draft implementing act in respect of the implementing powers referred to in Article 72, and Article 5(4), third subparagraph, of Regulation (EU) No 182/2011 shall apply. Where the committee delivers no opinion, the Commission shall not adopt the draft implementing act in respect of the implementing powers referred to in Article 55, and Article 5(4), third subparagraph, of Regulation (EU) No 182/2011 shall apply. 4.
Where reference is made to this paragraph, Article 8 of Regulation (EU) No 182/2011, in conjunction with Article 5 of that Regulation, shall apply.
Regulation (EU) 2019/1020 is amended as follows:
(ii)
the following points are added: ’X [OP Please insert the next consecutive number] Directive (EU) 2019/904 of the European Parelimant Parliament and of the Council of 5 June 2019 on the reduction of the impact of certain plastic products on the environment (OJ L 155, 12.6.2019, p.1);
‘X [OP Please insert the next consecutive number] Regulation (EU)…/…
on packaging and packaging waste, amending Regulation (EU) 2019/1020, and repealing Direcitve 94/62/EC [for the Publications Office to fill in the OJ publication details].
Amendments to Directive (EU) 2019/904 Directive (EU) 2019/904 is amended as follows: (aa)
in Article 2(2), the following text is added to the end of the sentence: ‘unless the PPWR expressly provides otherwise.” Article 22(4a) shall prevail when in contrast conflict with Article 4 of Directive (EU) 2019/904 as regards single use plastic packaging listed in Annex V point 3. [Article 26(2) and (3) shall prevail when in contrast conflict with Article 4 of Directive (EU) 2019/904 as regards the use of single use plastic packaging] [Article 45(42d)26(15a) shall prevail when in contrast conflict with Article 4 of Directive (EU) 2019/904 as regards the use of single use plastic packaging]
(c)
Article 13(3) is be replaced by ‘3. The Commission shall review the data and information reported in accordance with this Article and publish a report on the results of its review. The report shall assess the organisation of the collection of the data and information, the sources of data and information and the methodology used in Member States as well as the completeness, reliability, timeliness and consistency of that data and information. The assessment may include specific recommendations for improvement. The report shall be drawn up after the first reporting of the data and information by the Member States and every four years thereafter.’ 16946/23
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in Part B of the Annex, paragraphs (7), (8) and (9) are replaced by:
‘(7) Food containers made of expanded (EPS) or extruded (XPS) polystyrene,
i.e. receptacles such as boxes, with or without a cover, used to contain food which: (a) is intended for immediate consumption, either on-the-spot or takeaway, (b) is typically consumed from the receptacle, and (c) is ready to be consumed without any further preparation, such as cooking, boiling or heating, | including food containers used for fast food or other meal ready for immediate consumption, except beverage containers, plates and packets and wrappers containing food;
(8) Beverage containers made of expanded (EPS) or extruded (XPS) polystyrene, including their caps and lids;
(9) Cups for beverages made of expanded (EPS) or extruded (XPS) polystyrene, including their covers and lids.’
Regulation], Member States shall lay down the rules on penalties applicable to infringements of this Regulation and shall take all measures necessary to ensure that they are implemented. The penalties provided for shall be effective, proportionate and dissuasive. Failure to comply with the requirements of Articles 21 to 26 shall be sanctioned by an administrative fine imposed on the relevant economic operator. 16946/23
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For a Ffailure to comply with the requirements of Articles 21 to 26 the penalties shall be sanctioned by aninclude administrative fines imposed on the relevant economic operator. Where the legal system of the Member State does not provide for administrative fines, the firstthis paragraph may be applied in such a manner that the fining procedure is initiated by the relevant authority and imposed by competent national courts, while ensuring that those legal remedies are effective and have equivalent effect to the administrative fines referred to in that this paragraph. In any event, the fines imposed shall also be effective, proportionate and dissuasive. 3.
Member States shall, by [OP: please insert the date = 1 year after the date of entry into force of this Regulation], notify the Commission of those rules and of those measures and shall notify it, without delay, of any subsequent amendment affecting them.
By [OP: Please insert the date = 8 years after the date of application of this Regulation], the Commission shall carry out an evaluation of this Regulation and of its contribution to the functioning of the internal market and the improvement of the environmental sustainability of packaging. The Commission shall present a report on the main findings of that evaluation to the European Parliament, the Council, the European Economic and Social Committee, and the Committee of the Regions. Member States shall provide the Commission with the information necessary for the preparation of that report.
Directive 94/62/EC is repealed with effect from [OP: Please insert the date = 12 18 months fromafter the date of entry into force of this Regulation]. However, the following transitional provisions shall apply: (a)
Article 8(2) of Directive 94/62/EC shall continue to apply until [OP: Please insert the date = 42 months fromafter the date of entry into force of this Regulation]; 16946/23
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94/62/EC shall continue to apply until [OP: Please insert the date = the last day of the calendar year following 36 months afterfrom the datea of entry into force of this Regulation]; (c)
Articles 12(3a), (3b), (3c) and (4) of Directive 94/62/EC shall continue to apply until [OP: Please insert the date = the last day of the same calendar year following in which the period of 36 months fromafter the date of entry into force ends of this Regulation], except as regards the transmission of data to the Commission which shall continue to apply until [OP: Please insert the date = the last day of the calendar year following 54 months fromafter the date of entry into force of this Regulation].
shall remain into force and continue to apply until repealed by delegated acts adopted by the Commission adopted pursuant to Article 5(5a) of this Regulation. (cb)
Member States may maintain national provisions restricting the placing on the market of packaging in the formats and for the purposes listed in points 2 and 3 of Annex V until [OP, please insert the date = 3 years after the entry into force of the Regulation]. Article 4(4) shall not apply in relation to national measures maintained by virtue of this paragraph until [OP, please insert the date = 3 years after the entry into force of the Regulation].
References to the repealed Directive shall be construed as references to this Regulation and shall be read in accordance with the correlation table in Annex XIII. 16946/23
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This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union. It shall apply from [OP: Please insert the date = 12 18 months fromafter the date of entry into force of this Regulation]. However, Article 61, point (d), shall apply from [OP: Please insert the date = 24 48 months from the date of entry into force of this Regulation] This Regulation shall be binding in its entirety and directly applicable in all Member States. 16946/23
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Items covered by Article 3(1)(a) Packaging Sweet boxes Film overwrap around a CD case Mailing pouches for catalogues and magazines (with a magazine inside) Cake doilies sold with a cake Rolls, tubes and cylinders around which flexible material (e.g. plastic film, aluminium, paper) is wound, except rolls, tubes and cylinders intended as parts of production machinery and not used to present a product as a sales unit 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 Glass bottles for injection solutions CD spindles (sold with CDs, not intended to be used as storage) Clothes hangers (sold with a clothing item) Matchboxes
16946/23
230 EN Sterile barrier systems (pouches, trays and materials necessary to preserve the sterility of the product) Beverage system capsules (e.g. coffee, cacao, milk) Refillable steel cylinders used for various kinds of gas, excluding fire extinguishers Tea and coffee foil pouches Non-packaging Flower pots intended to stay with the plant throughout its life time Tool boxes Wax layers around cheese Sausage casing skins Clothes hangers (sold separately) Cartridges for printers CD, DVD and video cases (sold together with a CD, DVD or video inside) CD spindles (sold empty, intended to be used as storage) 16946/23
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Soluble bags for detergents Grave side lights (containers for candles) Mechanical quern (integrated in a refillable recipient, e.g. refillable pepper mill) Items covered by Article 3(1)(d-e) Packaging, if designed and intended to be filled at the point of sale Paper or plastic carrier bags Disposable plates and cups Cling film Sandwich bags Aluminium foil Plastic foil for cleaned clothes in laundries 16946/23 KR/iw
Non-packaging Stirrer Disposable cutlery Wrapping paper (sold separately to consumers and business operators) Paper baking cases (sold empty) Cake doilies sold without a cake Disposable plates and cups not intended to be filled at the point of sale Items covered by Article 3(1)(b-c) Packaging Labels hung directly on or attached to a product including sticky labels attached to fruits and vegetables Part of packaging Mascara brush which forms part of the container closure Sticky labels attached to another packaging item Staples Plastic sleeves Device for measuring dosage, which forms part of the container closure for detergents Mechanical quern (integrated in a non-refillable recipient, filled with a product, e.g. pepper mill filled with pepper) Non-packaging Radio frequency identification (RFID) tag
16946/23 KR/iw
233 EN Items covered by Article 3 (1)(f)-(g) Packaging Tea and coffee foil pouches Tea bags Beverage system capsules (e.g. coffee, cacao, milk) 16946/23 KR/iw
Table 1: Indicative list of packaging materials, types and categories referred to in Article 6 Cat. Predominant No packaging (new) material Colour / Packaging Format (illustrative and non- type exhaustive) Optical transmittance Glass and 1 Glass composite Bottles, jars, flacons, packaging, cosmetics pots, tubs, of which the ampoules, vials made of glass majority is - (soda lime silica) glass Boxes, trays, grouped
packaging (e.g. films, sheets, packaging pouches, lidding, cones, - wrappers) 16946/23 KR/iw
3 Paper/cardboard of which the majority is paper/card board cups and boxes made of liquid paperboards (i.e. laminated with polyolefin and with or without - aluminium), trays, plates and cups, metallised or plastic laminated paper/cardboard, paper/cardboard with plastic liners/windows Steel and composite 4 Metal packaging of which the majority is steel Rigid formats (aerosols, cans, paint tins, boxes, trays, drums, tubes) made of steel, - including tinplate and stainless steel Aluminium and composite
Rigid formats (food and beverage cans, bottles, aerosols, drums, tubes, cans, - boxes, trays) made of aluminium – rigid 16946/23 KR/iw
6 Metal packaging of Semi rigid and flexible which the formats (containers and majority is trays, tubes, foils, flexible aluminium – foil) made of aluminium - semi rigid and flexible 7 Plastic PET – rigid Transparent clear Bottles and flasks /coloured, opaque Rigid formats other than bottles and flasks (Includes 8 Plastic PET – rigid pots, tubs, jars, cups, monoand multilayer trays and Transparent clear /coloured, opaque containers)
10 Plastic PE – rigid Films Natural /coloured Containers, bottles, trays, pots and tubes Natural /coloured Films, including multilayer
PE – flexible and multi-material Natural /coloured packaging 16946/23 KR/iw
12 Plastic PP – rigid Containers, bottles, trays, pots and tubes Natural /coloured Films, including multilayer
14 15 Plastic Plastic HDPE and PP – Crates and pallets, rigid corrugated board plastic PS and XPS – rigid Natural /coloured Rigid formats (includes dairy packaging, trays, cups and Natural /coloured other food containers) Rigid formats (includes fish
17 Plastic plastics (e.g. Rigid formats, including e.g. PVC, PC) intermediate bulk containers, including multi- drums -
materials– rigid Pouches, blisters, Other flexible plastics 18 Plastic including multimaterials – flexible thermoformed packaging, vacuum packaging, modified atmosphere/modified - humidity packaging, including e.g. flexible intermediate bulk containers, bags, stretch films 16946/23 KR/iw
238 EN Biodegradable plastics[1] 19 Plastic rigid (e.g. PLA, PHB) and Rigid and flexible formats - Pallets, boxes, crates - Bags - Pots, containers, bottles, jars - flexible (e.g. PLA) Wooden
22 porcelain Clay, stone stoneware [1] Please note that this category contains plastics that are readily biodegradable (meaning
a proven ability to convert >90% of the original material into CO2, water and minerals by biological processes within 6 months) and regardless of the feedstock used for their production. Bio-based polymers that are not readily biodegradable are covered under the other relevant plastic categories. 16946/23 KR/iw
1 2 Predomin ant packaging material Glass Glass Packaging type Form at (illust rative ) Bottle s, jars, flacons, cosmetics pots, tubs Bottle s, jars, flacons, cosmetics pots, tubs Glass Composite packaging, of which the majority is glass Boxes, 3 Paper/card board Paper/card board trays, grouped packaging Paper/cardb oard packaging Composite packaging
Includ ing bevera ge cartons , of plates and the cups, i.e., is paper/cardboard metalli sed or plastic lamina ted paper/ card, liquid paperboard, paper/cardbo KR/iw
5 6 Rigid packagin g formats (aerosols cans, cans, paint tins, boxes, etc.) made of steel, includin g tinplate Metal Steel Metal Composit e packaging , of which the 16946/23 Drums, tubes, cans, boxes, trays, etc. KR/iw
789 10 Metal Metal Metal Plastic Rigid formats (food and Aluminiu m beverage cans, bottles, aerosols bottles) Aluminiu m Semi rigid or flexible formats (containe rs and trays, tubes, foil) Composit e packaging of which the cans, majority is Aluminium PET rigid 16946/23 Drums, tubes, boxes, trays, etc.
Transpar ent clear/ light blue Bottles, trays,an d flasks
KR/iw
11 12 Plastic Plastic PET rigid PET rigid Bottles, trays,an d Fflasks Transpar ent other colours Rigid packagin g other than Transpar bottles ent and flasks (Includes pots, tubs and trays, aerosol bottles)1314 15 Plastic Plastic Plastic PET flexible Films HDPE rigid Containe rs, bottles, and Ttubes HDPE rigid Containe rs, bottles, and Ttubes 16946/23 natural /clear coloured KR/iw
2223
HDPE and PP rigid
PS - rigid EPS rigid crates and pallets Rigid packagin g (except EPS and XPS) Fish boxes/ white goods Packagi ng for large househo ld applianc es listed in point 1 of Annex II to Directiv e 2012/19/ EU
26 27 rigid plastics including. Plastic Plastic PVC, PC - rigid Rigid Other flexible plastics including multilayer plastic films and multi material materials Pouches - flexible 27a Plastic Compost able 16946/23 KR/iw
30 Pallets, boxes Bags or porcelain stoneware Clay, stone 16946/23 Pots, container s, bottles KR/iw
Table 1a: Indicative list of packaging materials and categories referred to in Article 6 Materials categories PET rigid II cat 7, 8 PE rigid, PP rigid, HDPE and PP rigid Plastic link to Table 1, Annex cat 10, 12, 14 Films/flexible cat 9, 11, 13, 18 PS, XPS, EPS cat 15, 16 Other rigid plastics cat 17 Biodegradable (rigid and flexible) cat 19 Paper/cardboard (except beverage cartonsliquid cat 2, 3 Paper/cardboard packaging board) Beverage cartonLiquid packaging board cat 3 Aluminium cat 5, 6 Steel cat 4 Glass Glass cat 1 Wood Wood, cork cat 20 Metal Others Textile, ceramics/porcelain and others cat 21, 22 16946/23 KR/iw
248 EN Table 2: Recyclability performance grades approach Packaging recyclability shall be expressed in the performance grades A, B or C .
From 2030 Recyclability performance is applied and is based on the Design for Recycling (DfR) which includes the circularity of the use of the resulting secondary raw materials of sufficient quality for substitute the primary raw materials. The Design for Recycling assessment in Performance grades is applied to each packaging category established in Table 1 in Annex II, and will be referenced to the packaging unit, taking into account the methodology of paragraph 4 of Article 6, and the parameters of table 2a of Annex II. After weighing the criteria per packaging unit, it will be classified into categories A, B or C as below.
When a packaging unit is below 70% of the degree of compliance with the previous criteria, it is considered to be outside the recyclability grades and therefore the packaging will be considered technically non-recyclable, and its placing on the market should be restricted. From 2035, a new factor shall be considered to assess recyclability, which is “recycled at scale”. Consequently, a new assessment will be carried out based on the quantity (weight) of the material effectively recycled from each of the packaging categories according to the methodology of paragraph 6 of Article 6 . The thresholds for recycled at scale shall be defined taking into account the target for annual recycled material set in Article 3(1)(32).
Recycled at scale assessment can upgrade or downgrade the performance grades based on the DfR assessment. 16946/23 KR/iw
249 EN 2030 2035 Recyclability Design for Performance recycling (DfR) Grade Grade A Recyclability Performance Grade Design for Overall Recyclability Recycled at scale recycling (DfR) Performance Grade Assessment (based on (for DfR) Recyclability performance Assessment of Assessment of Grade (including for recyclability per recyclability per Recycled at scale unit, in terms of unit, in terms of Assessment) weighting weighting higher or equal to 95 % Grade A higher or equal to Grade A Art.3 (1) (32) and thresholds) Plastic ≥85% 95 % Wood ≥76,3% Ferrous metal ≥93,3% Aluminum ≥86,6% Glass ≥91,6% Paper and cardboard ≥95% 16946/23 KR/iw
250 EN Grade B higher or equal Grade B to 85 % higher or equal to Grade B Plastic ≥70% 85 % Wood ≥53.3% Ferrous metal ≥86,6% Aluminum ≥73,3% Glass ≥83,3% Paper and cardboard ≥9o% Grade C higher or equal to 70 % Grade C higher or equal to Grade C Plastic ≥55% 70 % Wood or others ≥30% Ferrous metal ≥80% Aluminum ≥60% Glass ≥75% Paper and cardboard ≥85% 16946/23 KR/iw
TECHNICALLY NON- TECHNICALLY Lower to 70% RECYCLABLE NONRECYCLABLE TECHNICALL Y NON- Lower to 70% TECHNICALLY NOT RECYCLED AT NOT RECYCLED SCALE SCALE (below thresholds of Article Plastic <55% 3(1)(32). AT Wood or others <30% NON- Ferrous metal <80% RECYCLABLE Aluminum <60% RECYCLABLE Glass <75% Paper <85% 16946/23 KR/iw TREE 1.A and cardboard
recyclability per Grade unit, of in terms Description weighting Grade A higher or equal to 95 This packaging is fully compatible with the % design for recycling criteria. The generated secondary raw materials can be used in the same quality applications. Equals to highquality recycling. Grade B higher or equal to 90 The packaging has some minor % recyclability issues that slightly affect the quality of the generated secondary raw material. However, the majority of the generated secondary raw material from this packaging can still still be used in packaging applications. Equals to highquality recycling.
Grade C higher or equal to 80 The packaging presents some recyclability %
issues that may affect the quality of the generated secondary raw materials and may lead to material losses during recycling. Grade D higher or equal to 70 The packaging has significant design issues % that highly affect its recyclability or imply large material losses during recycling. Grade E lower than 70 % The package is not recyclable because of design issues and should not be placed on the market. 16946/23 KR/iw
Table 2a: Non-exhaustive list of parameters for setting Design for Recycling criteria under
The list in Table 2a will be used as a basis when defining design for recycling criteria (as set out in Article 6(4)). The design for recycling criteria will then be used in order to set the calculations leading to the performance grades listed in Table 2. In addition, The parameters outlined in Table 2a shall be considered, at least, when defining design for recycling criteria for the listed in Table 2. Tthe assessment of these parameters shall consider:
processing plants,
-
evolution of sorting and recycling technologies (to address the aspect if a packaging cannot be sorted today but it might be sortable in 2 years), and
primary raw materials. The packaging functionality that the following parameters provide to the packaging shall be factored in in the setting of design for recycling criteria. Parameters for design for recycling criteria Parameter’s relevance Additives Additives refer often to substances added to materials to confer specific properties. The presence of additives in the packaging containers can result in incorrect sorting of the packaging materials during the sorting process and can contaminate the obtained secondary raw materials.
Labels Coverage rate of labels can affect the efficiency of the sorting process. Material of which the label is made of and type of glue/adhesive also affect the quality of the secondary raw material. 16946/23
254 EN Sleeves Coverage rate of the sleeve on the main packaging body affects the possibilities for sorting. In addition, the use of sleeves, can affect the ability to separate them the main packaging body. The material of which the sleeve is made of can affect both the sortability and the recyclability of the packaging.
Closures and other small packaging components
Closures refer to components used to close or seal the packaging. There may be different types of closures, rigid or flexible, such as tamper evident shrink wrap, linings, caps, lids, seals, valves etc. The material of which the closures is made of can affect both the sortability and the recyclability of the packaging.
Closures that are not firmly attached to the packaging can increase littering and reduce the efficiency of the sorting and subsequent recycling processes. Small packaging components attached to the main packaging body can affect the separability and the recyclability. Thus can be lost in the sorting and recycling process.
Adhesives
Adhesive can be used in such a way that they can be easily separated in the recycling process or by the end user or in a way that they do not affect the efficiency of the sorting and recycling processes. The presence of adhesive residues on the packaging can downgrade the quality (purity) of the secondary raw materials.
Washable adhesives can ensure the separation from the main packaging body and that no adhesive residue remains in the secondary raw material. Colours Colour are substances that impart colour to the packaging material. Heavily dyed materials in paper or plastics can cause problems with regard to sorting and can downgrade the quality of secondary raw materials.
Material composition
Use of mono-materials or material combinations that permit easy separation and ensure high yield of secondary raw materials is preferable. 16946/23
255 EN Barriers /coatings The material or substance added to confer barrier properties (barrier), or a variety of materials applied on the surface to impart other properties (coating). The presence of barriers/coatings within the packaging can make recycling more difficult. Combinations that ensure high yield of secondary raw materials are preferable.
Inks and laquers /printing/coding
Inks and lacquers are mixtures of colorants with other substances applied onto the material by a printing or coating process (ink) or a protective coating made of resin and/or cellulose ester dissolved in a volatile solvent (lacquer). Coding refers to printing applied directly to sales packaging for the purpose of batch coding and other information and branding.
The use of inks with substances of concern hinders recycling, as those packaging units cannot be recycled. Printing inks when released can contaminate the recycling stream through the washing water. Likewise, printing inks, which are not released can impair the transparency of the recycling stream. Product residues / ease of emptying
Residues of the content of the packaging can affect the sortability and the recyclability. The design of the packaging should enable the easy emptying of its content and when disposed of should be in a fully drained condition. Ease of Components that are firmly attached to each other can affect the sortability and the recyclability of the packaging. Packaging design can facilitate the possibility of separating different components into different material streams. dismantling 16946/23
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Parameters for setting Design for Recycling Criteria Additives Labels/sleeves Closure systems and small parts Adhesives Colours Material composition Barriers /coatings Inks /printing Product residues /ease of emptying Ease of dismantling (design feature of the packaging) 16946/23 KR/iw
ANNEX III COMPOSTABLE PACKAGING Conditions to be considered when mandating the use of compostable packaging format:
(a) it could not have been designed as reusable packaging or the products could not be placed on the market without packaging;
(b) it is designed to enter the organic waste stream at the end of its life; (c)
it is of such biodegradable nature that it allowsing 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,
use of non-compostable packaging materials;
streams. 16946/23
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1.
Product protection: packaging design shall ensure the product protection from the point of packaging or filling until the end use, with a view to prevent significant product damage, loss, deterioration or waste. Requirements may consist of protection against mechanical or chemical damage, vibration, compression, humidity, moisture loss, oxidation, light, oxygen, microbiological infection, pest, deterioration of organoleptic properties etc. and include references to specific legislation setting out requirements on product quality. 2.
Packaging manufacturing processes: The packaging design shall be compatible with the packaging manufacturing and filling processes. The packaging manufacturing processes may determine packaging design elements such as the shape of a container, thickness tolerances, size, feasibility of tooling, specifications minimising waste in manufacturing. The processes operated by manufacturer of products may also require certain design elements of packaging, such as impact and stress resistance, mechanical strength, packing line speed and efficiency, stability in conveying, heat resistance, effective closing, minimum headspace, hygiene. 3.
Logistics: The packaging design shall ensure adequate and safe distribution, transport, handling and warehousing of the packaged product. Requirements may consist of dimensional co-ordination for optimum space utilisation, compatibility with palletizing and de-palletizing systems, handling and warehousing system, packaging system integrity during transport and handling. 16946/23
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information regarding the packaged product itself, its use, storage and care, including safety instructions can be provided to users and consumers. Requirements may consist of providing product information, instructions for storage, application and use, bar codes, best before date, etc. 5.
Hygiene and safety: the packaging design shall ensure user and consumer safety as well as product safety and hygiene throughout the distribution, end use and disposal. Requirements may consist of: safe handling design, child resistance, tamper evidence, hazard warnings, clear identification of content, safe opening device, pressure release closure, etc.
product can comply with the applicable legislation. 7.
Recycled content, recyclability and re-use: The packaging design shall ensure reusability, recyclability and inclusion of recycled content as required under this Regulation. If the packaging is intended for re-use, it shall fulfil the requirements laid down in Article 10(1) of this Regulation. This means that the packaging weight or volume may have to be increased, beyond what would otherwise be possible under the other performance factors in order to enable for e.g. a higher number of trips / rotations, to facilitate inclusion of recycled content or to enhance recyclability (e.g., when moving to a mono-material or PCR Post Consumer Recycled content). 16946/23
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weight The assessment of the minimum packaging volume and weight necessary to ensure the packaging functionality as described in Article 3(1) of the Regulation shall be explained in the technical documentation and shall include at least:
(b) (aa) the description of the outcome of the assessment, including the details of the calculation of the minimum necessary weight and volume for the packaging.
Possible variations between production batches for a same packaging shall be taken into account and documented;
(a) (ab) for each performance criterion as listed in Part I, a list of design requirements a description shall be made which explains the design requirement that which prevents further reduction of the packaging weight or volume without endangering the packaging functionality, including safety and hygiene, for the packaged product, packaging and user. The method used for the identification of these design requirements shall be described, and the reasons preventing further reduction of the packaging weight or volume shall be explained. All reduction opportunities with a given packaging material shall be investigated.
It shall not be sufficient to substitute one packaging material with another;
(c) any test results, market research or studies that have been used for the assessment conducted under points (aa) and (ab). 16946/23 KR/iw
ANNEX V RESTRICTIONS ON USE OF PACKAGING FORMATS Packaging format Single-use 1. plastic grouped packaging Illustrative Restricted use example Plastic packaging used at the point of sale retail Collation level to group goods sold in bottles, cans, tins, films, shrink pots, tubs, and packets designed as convenience wrap packaging to enable or encourage consumers end users to purchase more than one product.
This excludes grouped packaging necessary to facilitate handling in business-to-business distribution.
Single use plastic plastic packaging, single use composite 2. packaging or other single use packaging for unprocessed fresh fruit and vegetables Single use plastic packaging for less than 1.5 kg Nets, bags, pre-packed fresh fruit and vegetables. Member trays, States may set up exemptions to this containers restriction if , unless there is a demonstrated need to avoid water loss or turgidity loss, microbiological hazards or physical shocks, oxidation, Exempt in the case or if there is no other possibility to avoid commingling of organic fruits and vegetables with nonorganic fruits and vegetables in compliance comply with requirements in regulation EU 2018/848, on certification or labelling, without entailing disproportionate economic and administrative costs.
Single use packaging for foods and beverages Trays, plastic filled and consumed within the premises in the disposable packaging, HORECA sector, which include all eating areas plates and 16946/23 KR/iw
262 EN single use inside and outside a place of business, covered cups, bags, composite with tables and stools, standing areas, and eating foil, boxes packaging or areas offered to the end users jointly by several other single use economic operators or third party for the packaging
purpose of food and drinks consumption.,. exempt for Ppackets and wrappers made from flexible material other than plastics for the purpose of containing food that is intended for immediate consumption from the packet or wrapper without any further preparation, are exempted. Establishments in the HORECA sector that do not have access to drinking water are exempted.
4Single use Single use packaging in the HORECA sector, Sachets, tubs, packaging for containing individual portions or servings, used trays, boxes condiments, for condiments, preserves, sauces, coffee preserves, creamer, sugar and seasoning, except such sauces, coffee packaging provided together with take-away creamer, sugar, ready-prepared food intended for immediate and seasoning in
consumption without the need of any further HORECA sector preparation Single use hotel miniature 5. packaging intended for an individual booking Single use packaging Ffor disposable Shampoo cosmetics, hygiene and toiletry products of less bottles, hand than 50 ml for liquid products or less than 100 g and body for non-liquid products for the use in the lotion bottles, accommodation sector, according to NACE sachets around Rev. 2 – Statistical classification of economic miniature bar activities57, intended for a single service an soap individual booking only and intended to be discarded before the next guest arrives. 57 NACE code I55, list can be found in EUROPA - Competition - Cases by NACE code - I 16946/23 KR/iw
For the purposes of this Annex, the following definitions shall apply: (-a) ‘Governance guidelines’ is the description of the governance structure of a re-use system, defining the role of system participants, ownership and any foreseen transfer of ownership of packaging, as well as other relevant governance elements of the re-use system as defined in this Annex;
packaging is circulated by a system operator or a co-operating group of system participants without the change of the ownership of packaging; (b)
‘open loop system’ shall mean a system for re-use in which reusable
packaging circulates amongst unspecified number of system participants, and the ownership of the packaging changes at one or more points in the re-use process;
participant, who manages a system for re-use; (d)
‘system participants’ shall mean any natural or legal person, who participates
in the system for re-use and performs at least one of the following actions: collects the packaging either from end users or from other system participants, reconditions it, distributes it among system participants, transports it, fills it with products, packs it, or offers it to end users. System for re-use can comprise one or more participants performing these actions. 16946/23
264 EN Part A Requirements for systems for re-use
The following requirements apply for all systems for re-use and shall be simultaneously satisfied:
(a) (e) The system has a clearly defined governance structure as described in the guidelines;
(b) (f) the governance structure ensures that the re-use targets and any other objectives of the system in the governance guidelines can be met;
(c) (g) the governance structure allows for equal access and fair conditions of all economic operators wishing to become a part of the system;
(d) (h) the governance structure allows for equal access and fair conditions for all end-users;
(da) The system is designed to ensure that reusable packaging rotating within it completes at least the minimum intended number of rotations as referred to in Article 10.
(e) (i) the system has rules defining its functioning, including requirements for packaging use, accepted by all system participants, and which should specify: (i)
types and design of packaging allowed to circulate in the system;
transported through the system; 16946/23
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reusable packaging, including incentives on end users to return the packaging to the collection points or grouped collection system, e.g. by using a deposit refund system or a library model; (ix)
rules to ensure equal and fair access to the reuse system including vulnerable end-users;
(f) (j) the system operator of the system controls the proper functioning of the system and verifies whether the re-use is properly enabled;
(g) (k) the system has reporting rules, allowing to access data on number of fillings or re-uses i.e. rotations per category, and rejects, collection rate i.e. return rates, units of sales or equivalent units, including the material and per category, or an average estimation if the calculation is not feasible, and number of units of reusable or refillable packaging added to the system, number of units of packaging that have been handled by the end-of-life plan;
(h) (l) design of the packaging is laid down in accordance with mutually agreed specifications or standards; 16946/23
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(i) (m) the system ensures a fair distribution of costs and benefits for all system participants.
(j) the system ensures the implementation of the Extended Producer Responsibility obligations for reusable packaging used in the system and that has become waste. The open loop systems existing at entry of force of the Regulation, which do not have a system operator, are exempted from part A, points (b), (f), (g), (g) and (i).
In addition to the general requirements under point 1, the following requirements shall be simultaneously satisfied:
the users or the end users back to the system participants; (b)
the system ensures the collection, reconditioning and redistribution of packaging;
collection point if it has been used, collected and stored in accordance with the system rules;
In addition to the general requirements under point 1, the following requirements must be simultaneously satisfied:
packaging or to pass it to another system participant for re-use; 16946/23
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packaging are in place and are generally available; (c)
reconditioning meeting the requirements under Part B of this Annex is part of the system. Part B Reconditioning
responsible for doing so and strive to reduce its impact on the environment. It shall be operated in accordance with applicable legislation on contact sensitive materials.
packaging format and its intended use:
(f)
inspection and assessment of fitness-for-purpose. Where necessary, cleaning and washing processes should be applied at different stages of the reconditioning and repeated. The reconditioned product shall meet health and safety requirements applicable to it. 16946/23
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As regard Rrefill stations shall fulfil the following requirement: (a)
contain a clear and precise information on:
(i) hygiene standards that the end user’s container has to meet in order to be allowed to use the refill station;
(ii) information about the end user’s responsibility to maintain the hygiene standards;
(iii) types and features of containers that can be used to purchase products through refill;
(iv) contact details of the final distributor to ensure compliance with applicable hygiene standards set out in applicable law.
or provide similar means of ensuring the end user a specified amount for purchase;
container;. (d)
the final distributor to ensure compliance with applicable hygiene standards. 16946/23
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Module A Internal production control
manufacturer fulfils the obligations laid down in points 2, 3 and 5 4, and ensures and declares on his sole responsibility that the packaging concerned satisfies the requirements of Articles 5 to 1011 of this Regulation that apply to them. 2.
Technical documentation The manufacturer shall establish the technical documentation. The documentation shall make it possible to assess the packaging’s conformity with the relevant requirements, and shall include an adequate analysis and assessment of the risk(s) of non-conformity. The technical documentation shall specify the applicable requirements and cover, as far as relevant for the assessment, the design, manufacture and operation of the packaging. The technical documentation shall contain, wherever applicable, at least the following elements:
components, etc. (c)
descriptions and explanations necessary for the understanding of those drawings and schemes and the operation of the packaging, 16946/23
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(i) the harmonised standards, referred to in Article 31, applied in full or in part
(ii) the common technical specifications, referred to in Article 32, applied in full or in part
(iii) other relevant technical specifications used for measurement or calculation purposes,
(iv) in the event of partly applied harmonised standards and/or common specifications, an indication of the parts which have been applied,
(v) in the event of harmonised standards and/or common technical specifications not being applied, a description of the solutions adopted to meet the requirements referred to in point 1. (e)
qualitative description of how the assessments provided for in Articles 6, 9 and 10 has been carried out, and,
The manufacturer shall take all measures necessary, so that the manufacturing process and its monitoring ensure compliance of the manufactured packaging with the technical documentation referred to in point 2 and with the requirements referred to in point 1.
The manufacturer shall draw up a written declaration of conformity for a packaging type and keep it together with the technical documentation at the disposal of the national authorities for
shall identify the packaging for which it has been drawn up. A copy of the declaration of conformity shall be made available to the relevant authorities upon request. 16946/23
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The manufacturer's obligations set out in point 4 as regards keeping of the technical documentation may be fulfilled by his authorised representative, on his behalf and under his responsibility, provided that they are specified in the mandate.
16946/23
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of the packaging.
harmonisation legislation: … (reference to the other Union acts applied). 6.
References to the relevant harmonised standards or the common specifications used or references to the other technical specifications in relation to which conformity is declared.
(description of intervention) … and issued the certificate(s): … (details, including its date, and, where appropriate, information on the duration and conditions of its validity).
Signed for and on behalf of: (place and date of issue): (name, function) (signature) * (identification number of the declaration) 16946/23
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Information to be submitted upon registration The information to be submitted by the producer or its authorised representative for EPR shall include:
packaging available on the market in the Member State and address of the producer including postal code and place, street and number, country, telephone, if any, web address and e-mail address, indicating a single contact point;
(aa) where a producer has appointed an authorised representative for the extended producer responsibility, in addition to the information referred in (a): name and address including postal code and place, street and number, country, telephone and e-mail address of the representative; (b)
national identification code of the producer, including its trade register number or equivalent official registration number and the European or national tax identification number;
producer makes available in the Member State for the first time;
including the certificate issued by the producer responsibility organisation when
Where a producer responsibility organisation is entrusted to carry out the EPR obligations, the information to be provided by the producer shall include the name and contact details, including postal code and place, street and number, country, telephone, web address and email address and the national identification code of the producer responsibility organisation, including the trade register number or an equivalent official registration number and the European or national tax identification number of the producer responsibility organisation, and the represented producer’s mandate, a statement by the producer or, where applicable, producer’s authorised representative for the EPR or the producer responsibility organisation, stating that the information provided is true. 3.
In the case of an authorisation in accordance with Article 41(1), the a producer responsibility organisation entrusted by the producer as referred to in Article 41(1), carrying out the obligation to register set in Article 39, it shall, in addition to the information required under point 1 of Part A of this Annex, provide:
numbers, countries, telephones, web addresses and e-mail addresses of the producers represented;
shall indicate separately how each one of the represented producers meets the responsibilities set out in Article 40. B.
Information to be submitted for reporting according to Article 39(7).
that the producer makes available in on the market of the Member State for the first
quantities, by weight, per material of packaging waste separately collected within the Member State as set out in Table 1 in Annex II;
and disposed of within the Member State or shipped within or outside the Union as set out in Table 4 in Annex XII; (f)
quantities, by weight, of separately collected single use plastic beverage bottles with the capacity of up to three litres and single use metal beverage containers with a capacity of up to three litres, as set out in Table 6 of Annex XII;
(g) arrangements to ensure the producer responsibility regarding the waste from packaging placed on the market. C. Information to be submitted for reporting for micro-enterprises according to Article 39(7a). a. national identification code of the producer; b. reporting period; c. information on packaging types set out in Table 1. d. arrangements to ensure the producer responsibility regarding packaging placed on the market 16946/23 ANNEX VIII KR/iw
Quantities by weight recycled available in member state Glass Plastic Paper/cardboard (including composite) Ferrous metal Aluminium Wood Other Total 16946/23 ANNEX VIII KR/iw
277 EN D. Information to be submitted for reporting according to Article 39(7bc).
(a) quantities, by weight, per category of packaging waste , as defined in Table 1a of Annex II, separately collected within the Member State as set out in Table 4 in Annex XII;
(b) quantities, by weight, per category of packaging waste recycled, recovered and disposed of within the Member State or shipped within or outside the Union as set out in Table 4 in Annex XII; (c)
quantities, by weight, of separately collected single use plastic beverage bottles with the capacity of up to three litres and single use metal beverage containers with a capacity of up to three litres, as set out in Table 6 of Annex XII; 16946/23
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For the purpose of this Annex, the following definition shall apply:
‘system operator’ means any natural or legal person, who is entrusted with a responsibility to
establish or operate a deposit and return system in a Member State. Minimum general requirements for deposit and return systems Member States shall ensure that the deposit and return systems established on their territories meet the following minimum requirements: (a)
a single system operator is established or licenced or, in case there is more than one system operator, Member State shall adopt measures. When deposit and return systems are established for specific packaging formats for reuse or single use, Member States may establish a different system operator to ensure coordination between the different system operators per system;
conditions of all economic operators wishing to become part of the system, provided they make available on the market packaging that belongs to a packaging type or category included in the system; (c)
control procedures and reporting systems are set up allowing the system operator to obtain data on the collection of packaging covered by the deposit and return system;
collection rates; 16946/23
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(da) a minimum the established deposit has to be charged at the point of sale. Member States may establish an exception from this obligation. Iin the case of consumption in hospitality premises provided that the deposit bearing packaging is opened, the product is consumed, and the empty deposit bearing packaging is returned within the premises, no minimum deposit shall be charged; (e)
minimum requirements on the financial capacity of the system operator are established allowing the system operator to perform its functions;
and any additional roles related to the coordination and operation of the deposit and return system as established by the Member States;
(i)
system operator keeps in writing:
(i) a statute establishing its internal organization;
(ii) evidence of its funding system;
(iii) a statement proving the compliance of the system with the requirements laid down in the Regulation, as well as any additional requirements established in the Member State in which it operates;
(excluding deposits) are used for public awareness campaigns on the information on management of packaging waste;
authorities of a Member State, in which the system operates, for the purposes of monitoring compliance with the requirements in this Annex; 16946/23
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Member States shall ensure that final distributors are obligated to accept the deposit bearing packaging of the packaging material and format that they distribute and to provide end users with redeemed deposits, except where the sale surface area does not make possible for end users to return deposit bearing packaging. .
Member States may exempt final distributors from this obligation, if the sales surface area would not allow end users to return deposit bearing packaging. However, final distributors will always have to accept the return of the empty packaging of products they sell. When implementing this obligation, Member States shall take into account at least the following factors:
(i) sales surface area allowing end users to return deposit bearing packaging in their according to the local conditions;
(ii) buying and selling habits and traditions;
(iii) food safety;
(iv) health and safety;
(v) public health;
(m) deposit is exempted from sales taxes;
any goods; deposit shall be redeemed to the consumer;
identify the need to return such packaging;
requirements, as appropriate, in order to ensure the fulfilment of the objectives of this Regulation, in particular to increase the purity of the collected packaging waste, reduce litter or promote other circular economy objectives. 16946/23
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Member States with regions with high transboundary business shall ensure that the functioning of the DRS allows for the inter-operability of DRS and that the implementation of the minimum requirements and of any additional requirements does not result in discrimination of business and consumers and market distortions.
Member States are allowed to create exemptions from charging a deposit for a deposit bearing packaging in the context of consumption in hospitality premises provided that a deposit bearing packaging is opened, the product is consumed, and the empty deposit bearing packaging is returned within the premises. 16946/23
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The implementation plan to be submitted pursuant to Article 46(2), point (d), shall contain the following:
treatment of packaging waste and the streams of which it is composed;
programmes in place pursuant to Articles 28 and 29 of Directive 2008/98/EC;
relevant target laid down in point (b) of Article 46(1) within the deadline set therein and an assessment of the time extension necessary to meet that target; (d)
measures necessary to attain the targets set out in points (b) of Article 46(1) of this Regulation that are applicable to the Member State during the time extension, including appropriate economic instruments and other measures to provide incentives for the application of the waste hierarchy as set out in Article 4(1) of, and Annex IVa to, Directive 2008/98/EC;
of the body competent for their implementation and an assessment of their individual contribution to attaining the targets applicable in the event of a time extension;
(g)
measures to improve data quality, as appropriate, with a view to better planning and monitoring performance in waste management. 16946/23
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State (produced + imported + stored - exported) (Table 1);
quantities reused of reusable packaging (Table 2). For sales, grouped and transport packaging waste:
territory of the Member State; (ii)
quantities of generated packaging waste;
(iii) Qquantities for of separately collected packaging waste per material (Table 3) (iv) Qquantities recovered and disposed of, recovered, and recycled of packaging.
(b) The annual consumption of very lightweight plastic carrier bags, lightweight plastic carrier bags and thick plastic carrier bags per person, separately for each category, as laid down in Article 50(1) point (b) (Table 5) (c) Separate collection rate of the packaging formats covered by the deposit return systems, as laid down in Article 44(1) (Table 6) 16946/23 ANNEX VIII KR/iw
284 EN Table 1 Quantity of packaging (sales, grouped and transport) generated within the national territory Tonnage - Tonnage + Tonnage + Tonnage produced exported imported stored
= Total Glass Plastic Paper/cardboard (including composite) Ferrous metal Aluminium Wood Other Total 16946/23 ANNEX VIII KR/iw
285 EN Table 2 Quantity of total sales reusable packaging (sales, grouped and transport) reused made available on the market for the first time within the national territory Tonnage of packaging Reusable packaging Reusable sales packaging placed made available on the market for the first Percentage of time on the total tonnage territory of reusable that packaging Percentage of total Tonnage reusable sales packaging Member State Glass Plastic including composite Paper/cardboard (including composite packaging) Ferrous metal (including tinplate and composite packaging) 16946/23 ANNEX VIII KR/iw
16946/23 ANNEX VIII KR/iw
287 EN Table 3 Quantity of generated packaging waste within the national territory and Qquantity of separately collected packaging waste per material (sales, grouped and transport) generated within the national territory Packaging material Packaging wWaste From Packaging waste generation (t) separately collectedion (t) Glass Plastic (rigid and flexible) Paper/cardboard (including composite) Metals (Ferrous metal and aluminium, including composite) Wood Other Total 16946/23 ANNEX VIII KR/iw
Table 4 Quantity per packaging category, as defined in Table 1a of Annex II, of: packaging made available on the market for the first time within the territory of the Member State; generated packaging waste; packaging waste separately collected; and packaging waste disposed of, recovered and recycled of packaging waste recovered and disposed of within the national territory and exported.
Material Category Packaging made Packaging Total Total Total Total Total Total available on the waste packaging packaging packaging packaging packaging packaging market for the generation (t) waste disposed waste Waste waste waste Waste of (t) Recovered (t) recycled (t) disposed of (t) Recovered (t) recycled (t) first time on the territory of the Member State (t) Within the national territory
16946/23 ANNEX VIII Outside the national territory KR/iw
PS, XPS, EPS Other rigid plastics Biodegradable (rigid and flexible) 16946/23 ANNEX VIII KR/iw
290 EN Paper/card Paper/card board board (except beverage cartons liquid packaging board) Beverage carton Liquid packaging board Metal Aluminiu m Steel Glass Wood Others 16946/23 ANNEX VIII Glass Wood, cork Textile, ceramics/p KR/iw
ANNEX VIII KR/iw
292 EN Packaging Total Total tonnage tonnage disposed of disposed of outside national Total tonnage Quantity recycled Quantity recovered recovered and disposed of Tonnage Percentage Tonnage Percentage
territory Within the national territory Glass, including composite Plastic, PET Plastic, PP Plastic, HDPE and PP Rigid Plastic, PS Plastic, HDPE 16946/23 ANNEX VIII KR/iw
293 EN Packaging Total Total tonnage tonnage disposed of disposed of outside national Total tonnage Quantity recycled Quantity recovered recovered and disposed of Tonnage Percentage Tonnage Percentage territory Plastic, PVC Plastic, PC Plastic, EPS Plastic, XPS Plastic, PET Plastic, PP Plastic, PE Flexible Plastic, multilayer 16946/23 ANNEX VIII KR/iw
294 EN Packaging Total Total tonnage tonnage disposed of disposed of outside national Total tonnage Quantity recycled Quantity recovered recovered and disposed of Tonnage Percentage Tonnage Percentage
territory Paper/cardboard (noncomposite) Composite Paper/cardboard Ferrous metal (including tinplate and composite packaging of which the majority is steel) Aluminium (including composite packaging of which the majority is aluminium 16946/23 ANNEX VIII KR/iw
295 EN Packaging Total Total tonnage tonnage disposed of disposed of outside national Total tonnage Quantity recycled Quantity recovered recovered and disposed of Tonnage Percentage Tonnage Percentage territory Wood Textile Ceramic, porcelain or stoneware Other Total packaging waste 16946/23 ANNEX VIII KR/iw
Table 5 Quantity of very lightweight plastic carrier bags, lightweight plastic carrier bags, thick plastic carrier bags, and very thick plastic carrier bags per person, consumed within the national territory Plastic carrier bags consumed within the national territory Number per person Tonnes per person very lightweight plastic carrier bags plastic carrier bags with a wall thickness below 15 microns lightweight plastic carrier bags plastic carrier bags with a wall thickness below 50 microns thick plastic carrier bags plastic carrier bags with a wall thickness between 50 and 99 microns 16946/23 ANNEX VIII KR/iw
297 EN Table 6 Separate collection rate of packaging formats covered under the deposit return systems, as laid down in Article 44(1) Tonnes of packaging placed Separately collected
within the on the market for the first national territory by the deposit and time within the national return scheme (t) territory (t) Single use plastic beverage bottles with the capacity of up to 3 litres Single use beverage metal containers with a capacity of up to 3 litres 16946/23
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Directive 94/62/EC This Regulation Article 1(1) Article 1(1-2) Article 1(2) Article 1(3) Article 2(1) Article 2(1) Article 2(2) Article 2(2) Article 3(1), first subparagraph Article 3(1) Article 3(1), second subparagraph, point (a) Article 3(2) Article 3(1), second subparagraph, (b) Article 3(3) Article 3(1), second subparagraph, point (c) Article 3(4) Article 3(1), third subparagraph, point (i) Article 3(1)(a)
Article 3(1), third subparagraph, point (ii) Article 3(1)(d-e) Article 3(1), third subparagraph, point (iii) Article 3(1)(b-c) Article 3(1a) Article 3(43) Article 3(1b) Article 3(44) Article 3(1c) Article 3(45) Article 3(1d) Article 3(46) Article 3(1e) --- Article 3(2) Article 3(20) Article 3(2a) Article 10(1) Article 3(2b) Article 3(19) Article 3(2c) Article 3(60) and fourth subparagraph of
299 EN Directive 94/62/EC This Regulation Article 3(11) Article 3(8) Article 3(12) --- Article 4(1), first subparagraph Article 38(2) Article 4(1), second subparagraph --- Article 4(1), third subparagraph Article 38(3) Article 4(1a), first subparagraph Article 29(1), first subparagraph Article 4(a1a), second subparagraph
Article 29(2), second sentence Article 4(a1a), third subparagraph Article 29(2), first sentence Article 4(1a), fourth subparagraph, point (a) Article 29(1), second subparagraph Article 4(1a), fourth subparagraph, point Article 29(4)
Article 50(1), point (b) Article 4(1a), sixth subparagraph Article 50(7), point (b) Article 4(1b) Article 29(3) Article 4(1c) --- Article 4(2) --- Article 5(1) Article 45(1) Article 5(1)(a) Article 45(2), point (a) Article 5(1)(b) Article 26(1-10) Article 5(1)(c) Article 45(2), point (b) Article 5(1)(d) Article 45(2) point (c) Article 5(2), first subparagraph Article 48(1), first subparagraph Article 5(2), second subparagraph, point (a) Article 48(1), second subparagraph, point (a)
Article 5(2), second subparagraph, point (b) Article 48(1), second subparagraph, point
300 EN Directive 94/62/EC This Regulation Article 5(2), third subparagraph Article 48(1), third subparagraph Article 5(3) Article 48(2) Article 5(4) Article 50(7), point (a) Article 5(5) --- Article 6(1)(a) --- Article 6(1)(b) --- Article 6(1)(c) --- Article 6(1)(d) --- Article 6(1)(e)(i) --- Article 6(1)(e)(ii) --- Article 6(1)(e)(iii) --- Article 6(1)(e)(iv) --- Article 6(1)(e)(v) --- Article 6(1)(f) Article 46(1)(a) Article 6(1)(g)(i) Article 46(1)(b)(i) Article 6(1)(g)(ii) Article 46(1)(b)(ii) Article 6(1)(g)(iii) Article 46(1)(b)(iii) Article 6(1)(g)(iv) Article 46(1)(b)(iv) Article 6(1)(g)(v) Article 46(1)(b)(v) Article 6(1)(g)(vi)
Article 46(1)(b)(vi) Article 6(1)(h) Article 46(1)(c) Article 6(1)(i)(i) Article 46(1)(d)(i) Article 6(1)(i)(ii) Article 46(1)(d)(ii) Article 6(1)(i)(iii) Article 46(1)(d)(iii) 16946/23
301 EN Directive 94/62/EC This Regulation Article 6(1)(i)(iv) Article 46(1)(d)(iv) Article 6(1)(i)(v) Article 46(1)(d)(v) Article 6(1)(i)(vi) Article 46(1)(d)(vi) Article 6(1a)(a) Article 46(2)(a) Article 6(1a)(b) Article 46(2)(b) Article 6(1a)(c) Article 46(2)(c) Article 6(1a)(d) Article 46(2)(d) Article 6(1b) Article 46(3) Article 6(1c) Article 46(4) Article 6(4)(a) Article 46(5)(a) Article 6(4)(b) Article 46(5)(b) Article 6(6) Article 49(2) Article 6(7) --- Article 6(10) Article 46(6) Article 6(11) --- Article 6a(1)(a) Article 47(2) Article 6a(1)(b) Article 47(3)
Article 6a(2) Article 47(6) Article 6a(2)(a) Article 47(6)(a) Article 6a(2)(b) Article 47(6)(b) Article 6a(3) Article 47(7) Article 6a(4) Article 47(8) Article 6a(5) Article 47(9) Article 6a(6) Article 47(10) 16946/23
302 EN Directive 94/62/EC This Regulation Article 6a(7) Article 47(11) Article 6a(8) Article 47(12) Article 6a(9) Article 50(7), point (a)
Article 43(1) and (2) Article 7(2) Articles 39-42 Article 7(3) Article 43(3) Article 7(4) Article 43(4) Article 8(1)
Article 11(1) Article 8(3) Article 11(4)
Article 9(1) Articles 5-10 Article 9(2)(a)
--- Article 9(3) --- Article 9(4) --- Article 9(5) ---
Article 11(1) Article 5(2) Article 11(2) --- Article 11(3) Article 5(5) Article 12(1) Article 51(1) Article 12(2) Article 51(2) 16946/23
303 EN Directive 94/62/EC This Regulation Article 12(3a) Articles 50(1) point (a), 50(3) point (a) and 50(4) Article 12(3b) Article 50(5) and 50(6) Article 12(3c)
Article 50(7) Article 12(4) Article 50(8) Article 12(6) Article 50(8) Article 13, first subparagraph Article 49(1) Article 13, second subparagraph ---
Article 16(1) --- Article 16(2) ---
--- Article 19(2) ---
Article 20a(1) --- Article 20a(2) --- Article 20a(3) --- Article 21(1) Article 59(1)
Article 21(2), first subparagraph Article 59(3), first subparagraph Article 21(2), second subparagraph Article 59(3), second subparagraph Article 21a(1) Article 58(1) Article 21a(2) Article 58(2) 16946/23
304 EN Directive 94/62/EC This Regulation Article 21a(3) Article 58(3) Article 21a(4) Article 58(4) Article 21a(5) Article 58(5) Article 21a(6) Article 58(6) Article 22(1) --- Article 22(2) --- Article 22(3) --- Article 22(3a), first subparagraph --- Article 22(3a), second subparagraph, point ---
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(f) Article 22(4) --- Article 22(5) --- Article 23 --- Article 24 --- Article 25 ---
ANNEX VIII KR/iw
305 EN Directive 94/62/EC This Regulation Annex II, point 1 Articles 5, 6, 9 and 10 and Annexes II and IV Annex II, point 2 Article 10 and Annex IV Annex II, point 3(a) Article 6 and Annex II Annex II, point 3(b) --- Annex II, point 3(c) Articles 8 and 3(41) and Annex III Annex II, point 3(d) Articles 8 and 3(41) and Annex II
ANNEX VIII KR/iw