EUROPEAN COMMISSION
Brussels, 30.11.2022 - COM(2022) 677 final
2022/0396 (COD)
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
(Text with EEA relevance)
{SEC(2022)
425 final} - {SWD(2022) 384 final} - {SWD(2022) 385 final}
Contents
Chapter I - General provisions
Chapter II - Sustainability requirements
Article 5 - Requirements for
substances in packaging
Article 6 - Recyclable
packaging
Article 7 - Minimum recycled
content in plastic packaging
Article 8 - Compostable
packaging
Article 9 - Packaging
minimisation
Article 10 - Reusable packaging
Chapter III - Labelling, marking and information
requirements
Article 11 - Labelling of
packaging
Article 12 - Labelling of
waste receptacles for the collection of packaging waste
Chapter IV - Obligations of economic operators other
than the obligations in Chapters V and VII
Article 13 - Obligations of
manufacturers
Article 14 - Information
obligations of suppliers of packaging or packaging materials
Article 15 - Obligations of
authorised representative
Article 16 - Obligations of
importers
Article 17 - Obligations of
distributors
Article 18 - Obligations of
fulfilment service providers
Article 19 - Case in which
obligations of manufacturers apply to importers and distributors
Article 20 - Identification
of economic operators
Article 21 - Obligation
related to excessive packaging.
Article 22 - Restrictions on
use of certain packaging formats
Article 23 - Obligations in
relation to reusable packaging.
Article 24 - Obligation
related to systems for re-use.
Article 25 - Obligations
related to refill
Article 26 - Re-use and
refill targets
Article 27 - Rules on the
calculation of the attainment of the re-use and refill targets
Article 28 - Reporting to
the competent authorities on re-use and refill targets
Chapter V Plastic carrier bags
Article 29 - Plastic carrier
bags
Chapter VI Conformity of packaging
Article 30 - Test,
measurement and calculation methods
Article 31 - Presumption of
conformity
Article 32 - Common
technical specifications
Article 33 - Conformity
assessment procedure
Article 34 - EU declaration
of conformity
Chapter VII - Management of packaging and of packaging
waste
SECTION 1 -
General provisions
Article 35 - Competent
authority
Article 36 - Early warning
report
Article 37 - Waste
management plans
Article 38 - Prevention of
packaging waste
SECTION 3 - Register of producers
and extended producer responsibility
Article 39 - Register of
producers
Article 40 - Extended
Producer Responsibility
Article 41 - Producer
Responsibility Organisation
Article 42 - Authorisation
on fulfilment of extended producer responsibility
SECTION 4 - Return, collection,
deposit return systems
Article 43 - Return and
collection systems
Article 44 - Deposit and
return systems
Article 45 - Re-use and
refill
SECTION 6 - Recycling targets and
promotion of recycling
Article 46 - Recycling
targets and promotion of recycling
Article 47 - Rules on the
calculation of the attainment of the recycling targets
Article 48 - Rules on the
calculation of the attainment of the recycling targets by including re-use
SECTION 7 - Information and
reporting
Article 49 - Information on
prevention and management of packaging waste
Article 50 - Reporting to
the Commission
Article 51 - Packaging
databases
Chapter VIII - Safeguard procedures
Article 52 - Procedure for
dealing with packaging presenting a risk at national level
Article 53 - Union safeguard
procedure
Article 54 - Compliant
packaging which presents a risk
Article 55 - Controls on
packaging entering the Union market
Article 56 - Formal
non-compliance
Chapter IX - Green public procurement
Article 57 - Green public
procurement
Chapter X - Delegated powers and committee procedure
Article 58 - Exercise of the
delegation
Article 59 - Committee
procedure
Article 61 - Amendments to
Directive (EU) 2019/904 - Directive (EU) 2019/904 is amended as follows:
Chapter XII - Final provisions
Article 64 - Repeal and
transitional provisions
Article 65 - Entry into
force and application
ANNEX I - AN INDICATIVE LIST OF ITEMS IN THE SCOPE OF
THE DEFINITION OF PACKAGING IN ARTICLE 3(1)
Items covered by Article 3(1)(a)
Items covered by Article 3(1)(d-e)
Packaging, if designed and
intended to be filled at the point of sale
Items covered by Article 3(1)(b-c)
ANNEX II - CATEGORIES AND PARAMETERIS FOR ASSESSMENT OF
RECYCLABILITY OF PACKAGING
Table 1: Indicative list of
packaging materials, types and categories referred to in Article 6
Table 2: Recyclability performance
grades
ANNEX III - COMPOSTABLE PACKAGING
ANNEX IV - METHODOLOGY FOR PACKAGING MINIMISATION
ASSESSMENT
PART II - Assessment methodology
and determination of the minimum packaging volume and weight
ANNEX V - RESTRICTIONS ON USE OF PACKAGING FORMATS
ANNEX VI - REQUIREMENTS SPECIFIC TO THE SYSTEMS FOR
RE-USE AND REFILL STATIONS
Part A - Requirements for systems
for re-use
1. General requirements for
systems for re-use
2. Requirements for closed
loop systems
3. Requirements for open
loop systems
Part C - Requirements for refill
ANNEX VII - CONFORMITY ASSESSMENT PROCEDURE
Module A - Internal production
control
ANNEX VIII - EU DECLARATION OF CONFORMITY NO* ...
ANNEX IX - INFORMATION FOR REGISTRATION AND REPORTING TO
THE REGISTER REFERRED TO IN ARTICLE 39
A.
Information to be submitted upon registration
B.
Information to be submitted for reporting
ANNEX X - MINIMUM REQUIREMENTS FOR DEPOSIT AND RETURN
SYSTEMS
ANNEX XI - IMPLEMENTATION PLAN TO BE SUBMITTED PURSUANT
TO POINT (D) OF ARTICLE 46(2)
ANNEX XII - DATA TO BE INCLUDED BY MEMBER STATES IN
THEIR DATABASES ON PACKAGING AND PACKAGING WASTE
ANNEX XIII - CORRELATION TABLE
Reasons for and objectives
of the proposal
Consistency with existing
policy provisions in the policy area
Consistency with other EU
policies
2. LEGAL BASIS, SUBSIDIARITY
AND PROPORTIONALITY
Subsidiarity (for
non-exclusive competence)
3. RESULTS OF EX-POST EVALUATIONS,
STAKEHOLDER CONSULTATIONS AND IMPACT ASSESSMENTS
Ex-post evaluations/Fitness
checks of existing legislation.
Collection and use of
expertise
Regulatory fitness and
simplification
Implementation plans and
monitoring, evaluation and reporting arrangements
Detailed explanation of the
specific provisions of the proposal
THE
EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,
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 Committee,
Having
regard to the opinion of the Committee of the Regions,
Acting
in accordance with the ordinary legislative procedure,
(1) Products
need packaging to be protected and easy to transport from where they are
produced to where they are used or consumed.
Prevention of barriers to 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
waste. High and constantly growing levels of packaging
generated as well as low levels of re-use and
poor recycling, present significant barriers to achieving a low-carbon circular economy. For these reasons, this
Regulation should establish rules over the
entire life-cycle of packaging contributing to the efficient functioning
of the internal market by harmonising national
measures, while preventing and reducing the
adverse impacts of packaging and packaging waste on the environmentand human
health. By laying measures in line with the hierarchy of waste, it should
contribute to the transition to a circular economy.
(3) European
Parliament and Council Directive 94/62/EC lays down
requirements for Member States on packaging,
such as essential requirements, which relate to the composition of packaging and its reusable and recoverable
nature, and recovery and recycling targets.
(4) In 2014, a
Fitness Check relating to Directive 94/62/EC
recommended adaptations of the essential
requirements 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.
(5) In line
with the Green Deal, the new Circular Economy Action
Plan (CEAP)commits to reinforcing the essential requirements for packaging in
view of making all packaging reusable or
recyclable by 2030, and to consider other measures to reduce (over)packaging and packaging waste, drive design
for re-use and recyclability of packaging,
reduce the complexity of packaging materials and introduce requirements for recycled content in plastic packaging. It
commits the Commission to assess the
feasibility of Union-wide labelling that facilitates the correct separation of packaging waste at source.
(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 recovery. Just as the European Strategy for
Plastics 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 waste. 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 part of incentives to reduce the consumption of single-use plastics, foster recycling and
boost the circular economy.
(7) The
Council underlined in its Conclusions of December 2020,
that the revision of Directive 94/62/EC should
update and establish more concrete, effective and easy to implement provisions to facilitate sustainable packaging in
the internal market and minimise the
complexity of packaging in order to foster economically feasible solutions, to improve the reusability and recyclability as
well as minimise substances of concern in
packaging materials, especially concerning food packaging materials, and to provide for labelling packaging in an easily
understandable way to inform consumers about
its recyclability and where its waste should be discarded to facilitate sorting and recycling.
(8) The
European Parliament’s Resolution of 10 February 2021 on the New Circular
Economy Action Plan
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], under which packaging
is not addressed as a specific product category. However, it should be recalled that with respect to specific products,
delegated acts adopted on the basis of
Regulation [Ecodesign for Sustainable Products] may establish additional or more detailed requirements for their
packaging, in particular in relation to
packaging minimisation when design or re-design of products can lead to environmentally less impactful packaging.
(10) This
Regulation should apply to all packaging placed on the market in the Union and
to all 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.
(11) 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 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 Council. Furthermore, to ensure 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.
(12) In line
with the waste hierarchy set out in Article 4(2) of Directive 2008/98/EC, and
in line with life-cycle thinking to deliver the best
overall environmental outcome, the measures
provided for under this Regulation aim at reducing the amount of packaging placed on the market in terms of its volume and
weight, and preventing the generation of
packaging waste, especially through packaging minimisation, avoiding packaging where it is not needed, and increased
re-use of packaging. In addition, the measures
aim at increasing the use of recycled content in packaging, especially in plastic packaging where the uptake of
recycled content is very low, as well as
higher recycling rates for all packaging and high quality of the resulting
secondary raw materials while reducing other forms of
recovery and final disposal.
(13) Packaging
should be designed, manufactured and commercialised in such a way as to allow for its re-use or high-quality recycling, and to
minimise its impact on the environment during
its entire life-cycle and the life cycle of products, for which it was designed.
(14) In line
with the objectives of the Circular Economy Action Plan
and the Chemicals Strategy for Sustainability, 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 impacts on human
health and on the environment and on broader
sustainability performance, including circularity, resulting from impacts of
substances of concern on 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 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 an adverse effect on human health or the environment, throughout their life-cycle.
(16) In line
with the Zero Pollution Action Plan, 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 Council and Regulation
(EC) No 1272/2008 of the European Parliament
and of the Council should be reinforced as the cornerstones for regulating chemicals in the Union and
that they should be complemented by coherent
approaches to assess and manage chemicals in existing sectorial legislation. Substances in packaging and
packaging components are therefore restricted
at source and primarily addressed under Regulation (EC) No 1907/2006 in accordance with the rules and procedures laid
out under its Title VIII, in order to protect
human health and the environment, along all stages of the life cycle of the substance, including the waste stage. Hence,
it should be recalled that the provisions of that
Regulation apply for adopting or amending restrictions on substances manufactured for use or used in the production
of packaging or packaging components as well
as on the placing on the market of substances present in packaging or packaging components. Concerning packaging
falling within the scope of Regulation (EC) No
1935/2004 of the European Parliament and of the Council,
it should be recalled that that Regulation applies to
ensure a high level of protection of the consumers
of packaged food.
(17) In
addition to the restrictions set out in Annex XVII to Regulation (EC) No
1907/2006 and, as applicable to food contact
packaging, 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.
(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/EC and Commission Decision 2009/292/ECadopted under
Directive 94/62/EC and should be maintained also under this Regulation. However, in order to amend or repeal them 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 the
concentration limit value for these metals in this Regulation in order to adapt it 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 should be delegated to the Commission.
(19) This
Regulation should not enable the restriction of substances based on reasons 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 should
continue to be addressed under this
Regulation, given that such restrictions are addressed under other Union
legislation. 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.
(20) Designing
packaging with the objective of its recycling, once it becomes packaging
waste, is one the most efficient measures to improve
the packaging circularity and raise packaging
recycling rates and the use of recycled content in packaging. Packaging design for recycling criteria have been
established for a number of packaging formats
under voluntary industry schemes or by some Member States for the purpose of the modulation of extended producer
responsibility fees. In order to prevent
barriers to the internal market and provide industry with a level playing
field, and with the objective to promote the
sustainability of packaging, it is important to set
mandatory requirements regarding the recyclability of packaging, by harmonising
the criteria and the methodology for assessing
packaging recyclability based on a design for
recycling methodology at the Union level. In order to meet the objective
set out in the CEAP that, by 2030, all packaging
should be recyclable or reusable, in an economically
viable manner, packaging recyclability performance grades should be established based on design for recycling criteria for
packaging categories as listed in Annex II.
However, packaging should comply with them only as of 1 January 2030 in order to give sufficient time to the
economic operators to adapt.
(21) As design
for recycling assessment in itself does not ensure that packaging is recycled in practice, it is necessary to establish a
uniform methodology and criteriafor assessing the recyclability of packaging in
practice based on the state-of-the-art separate
collection, sorting and recycling processes 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 basis, the recyclability performance
grades with respect to the specific packaging
materials and categories.
(22) In order
to establish harmonised rules on packaging design to ensure its recyclability,
the power to adopt delegated acts should be delegated
to the Commission to set out detailed criteria
for packaging design for recycling per packaging materials and categories, as well as for the assessment of the packaging
recyclability at scale including for
categories of packaging not listed in this Regulation. In order to give economic operators and Member States sufficient time to
collect and report the necessary data to
establish the “at scale” recycling methodology, the manufacturers should ensure that packaging is recycled at scale as of
2035. That should ensure that packaging
complies with the design for recycling criteria, and is also recycled in
practice on the basis of the state of the art
processes for separate collection, sorting and
recycling.
(23) In order
to stimulate innovation in packaging, it is appropriate to allow that packaging, which presents innovative features resulting in
significant improvement in the core function
of packaging and has demonstrable environmental benefits, is given limited additional time of five years to comply with
the recyclability requirements. The innovative
features should be explained in the technical documentation
accompanying the packaging.
(24) In order
to protect human and animal health and safety, due to the nature of the packaged products and the related requirements, it is
appropriate that the recyclability
requirements should not apply to immediate packaging as defined in Article 1 of Directive 2001/83/EC of the European
Parliament and of the Counciland in Article 4(25) of Regulation (EU) 2019/6 of
the European Parliament and of the Council, which are in direct contact with the medicinal product,
as well as contact sensitive plastic packaging
of medical devices covered by Regulation (EU) 2017/745
of the European Parliament and of the Council and of in
vitro diagnostics medical devices covered by
Regulation (EU) 2017/746 of the European Parliament and of the Council. These
exemptions should apply until 1 January 2035.
(25)
Some Member States are taking action to encourage
recyclability of packaging through modulation of
extended producer responsibility fees; such initiatives taken at the national level may create regulatory uncertainty for
the economic operators, in particular where
they supply packaging in several Member States. At the same time, modulation of extended producer responsibility fees is an
effective economic instrument to incentivise
more sustainable packaging design leading to better recyclable packaging while improving the functioning of the
internal market. It is therefore necessary to
harmonise criteria for the modulation of extended producer responsibility fees based on the recyclability performance
grade obtained through recyclability
assessment, while not setting the actual amounts of such fees. As the criteria should be related to the criteria on packaging
recyclability, it is appropriate to empower
the Commission to adopt such harmonised criteria at the same time as establishing the detailed design for recycling criteria per
packaging categories.
(26)
To ensure packaging circularity, packaging should be
designed and manufactured in such a 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-sensitivity of different
plastic packaging applications, and ensuring that thetargets become binding by
2030. In order to incrementally ensure packaging circularity, increased targets should apply as of 2040.
(27) It should
be clarified, that paper material resulting from the wood pulping process is
not considered to be included in the definition of
plastic under point 43 of Article 3.
(28) In order
to ensure a high level of human and animal health protection in accordance
with requirements in Union legislation and to avoid
any risk to the security of supply and to the
safety of medicines and medical devices safety, it is appropriate to provide
for the exclusion 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 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.
(29) In order
to prevent barriers to the internal market and ensure the efficient implementation of the obligations, economic operators
should ensure that the plastic part of each
unit of packaging contains a certain minimum percentage of recycled content recovered from post-consumer plastic waste.
(30) There
should be an incentive for economic operators to increase the recycled content
in the plastic part of packaging. The most
appropriate means to achieve this is to ensure
the modulation of extended producer responsibility fees based on the percentage of recycled content in packaging. The fee
modulation should be based on common rules for
the calculation and verification of the recycled content contained in such packaging.
(31) In order
to ensure uniform conditions for the implementation of the rules on calculating and verifying, per unit of post-consumer
plastic waste in packaging, the share of
recycled content recovered from post-consumer plastic waste present and establishing the format for technical documentation, the
Commission should be empowered to adopt
implementing provisions, in accordance with Article 5 of Regulation (EU) No 182/2011 of the European Parliament and
of the Council.
(32) Regarding
plastic packaging, except where made from polyethylene terephthalate (PET), it will be warranted, 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 authorisationunder relevant Union rules, and the installation
in practice of such technology. Based on this
assessment, there might be 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 Treaty should be delegated to the
Commission.
(33) 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 Treaty 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 cross-contamination
leads to waste of resources, lower quality secondary raw materials and should be prevented at source. As the proper
disposal route for compostable plastic
packaging is becoming increasingly confusing for consumers, it is justified and necessary to lay down clear and common
rules on the use of compostable plastic
packaging, mandating it only when its use brings a clear benefit for the environment or for human health. This is
particularly the case when the use of compostable
packaging helps collect or dispose of bio-waste.
(36) For
limited packaging applications made of biodegradable plastic polymers, there is
a demonstrable environmental benefit of using
compostable packaging, which enters composting
plants, including anaerobic digestion facilities under controlled conditions. Furthermore, where appropriate waste collection
schemes and waste treatment infrastructures
are available in a Member State, there should be a limited flexibility in deciding whether to mandate the use of
compostable plastics for lightweight plastic
carrier bags on its territory. In order to avoid consumer confusion about the correct disposal and considering the environmental
benefit of circularity of the carbon, all
other plastic packaging should go into material recycling and the design of such packaging should ensure that it does not
affect the recyclability of other waste
streams.
(37) Where
justified and appropriate due to technological and regulatory developments
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 of the Treaty should be delegated to the
Commission 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 compostablepackaging which is in conformity with harmonised
standards adopted in accordance with
Regulation (EU) No 1025/2012 of the European Parliament and of the Councilfor
the purpose of expressing detailed technical specifications of those
requirements and take into account, in line
with the latest scientific and technological developments,
the parameters, including composting times and admissible levels of contamination, which reflect the actual conditions in
bio-waste treatment facilities, including
anaerobic digestion processes.
(39) It should
be recalled that all compostable packaging constituting a food contact material is to meet the requirements set out in the
Regulation (EC) No 1935/2004.
(40) Packaging
should be designed so as to minimise its volume and weight while maintaining its ability to perform the packaging functions.
The manufacturer of packaging should assess
the packaging against the performance criteria, as listed in Annex IV of this Regulation. In view of the objective of
this Regulation to reduce packaging and
packaging waste generation and to improve circularity of packaging across the internal market, it is appropriate to further
specify the existing criteria and to make them
more stringent. The list of the packaging performance criteria, as listed
in the existing harmonised standard EN 13428:2000, should therefore be modified. While marketing and consumer acceptance remain relevant for
packaging design, they should not be part of
performance criteria justifying on their own additional packaging weight and volume. However, this should not
compromise product specifications for craft
and industrial products and food and agricultural products that are registered and protected under the EU geographical
indication protection scheme, as part of the
Union's objective to protect cultural heritage and traditional know-how.
On the other hand, recyclability, the use of recycled
content, and re-use may justify additional
packaging weight or volume, and should be added to the performance criteria. Packaging with double walls, false bottoms and
other characteristics only aimed to increase
the perceived product volume should not be placed on the market, as it does not meet the requirement for packaging
minimisation. The same rule should apply to
superfluous packaging not necessary for ensuring packaging functionality.
(41) In order
to comply with the packaging minimisation requirements, particular attention should be paid to limiting the empty space,
grouped and transport packaging, including
e-commerce packaging.
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
29Regulation
(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.
To
promote the circularity and sustainable use of packaging, reusable packaging
and systems for re-use should be incentivised.
For that purpose, it is necessary to clarify the
notion of reusable packaging and to ensure that it is linked not only to the
packaging design, which should enable a maximum
number of trips or rotations and maintaining
the safety, quality and hygiene requirements when being emptied, unloaded, refilled or reloaded, but also to the setting up
of systems for re-use respecting minimum
requirements as set out in this Regulation. In order to facilitate conformity assessment with requirements on reusable
packaging, it is necessary to provide for
presumption of conformity for packaging which is in conformity with harmonised standards adopted in accordance with Regulation
(EU) No 1025/2012 for the purpose of expressing
detailed technical specifications of those requirements and define reusable packaging criteria and formats, including
minimum number of trips or rotations,
standardised designs, as well as requirements for systems for re-use, including hygiene requirements.
(42) It is
necessary to inform consumers and to enable them to appropriately dispose of
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.
(43) To
facilitate consumers in the sorting and disposing of packaging waste, a system
of harmonised symbols should be introduced and
required to be placed both on packaging and on
waste receptacles, thus allowing consumers to match the symbols for the purposes of disposal. The symbols should enable
appropriate waste management as it should
provide consumers with information about the composting properties of such packaging, in particular to avoid
consumer confusion that compostable packaging
is not as such suitable for home-composting. This approach should improve the separate collection of packaging waste,
leading to higher quality recycling of
packaging waste, and introduce a level of harmonisation of the packaging waste collection systems on the internal market.
It is also necessary to harmonise symbols
associated with the mandatory deposit and return systems. Considering that it is not collected through municipal
waste collection systems, the use of those
symbols should not be mandatory for transport packaging with the exception of the e-commerce packaging.
(44) 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.
In
order to inform end-users about reusability, availability of systems for re-use
and location of collection points as regards
reusable packaging, such packaging should bear
a QR code or other data carrier that provides such information. The QR
codeshould also facilitate tracking and the calculation of trips and rotations.
In addition, reusable sales packaging should
be clearly identified at the point of sale.
(45) There
should be no multiplication of labels on packaging. In order to avoid this,
where 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.
(46) To
support the implementation of the objectives of this Regulation, consumers
should be 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 be
possible to identify packaging included in the
extended producer responsibility scheme by means of an accreditation symbol throughout the territory of that
system. 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 system,
could mislead consumers to believe that packaging
bearing such a symbol is always recyclable.
(47) In order
to ensure uniform conditions for the implementation of the labelling requirements, the power to adopt implementing acts in
accordance with Article 291 of the Treaty
should be delegated to the Commission to further improve waste sorting, to establish the conditions for identifying the
material composition of packaging by means of
digital marking technologies, and to lay down detailed harmonized specifications for the labelling requirements
for packaging and waste receptacles
established under this Regulation. When developing these specifications,
the Commission should take into account scientific or
other available technical information,
including relevant international standards. In view of the new system, Commission Decision 97/129/EC
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.
Economic
operators should ensure that packaging complies with the requirements under this Regulation. They should take appropriate
measures to ensure such compliance in relation
to their respective roles in the supply chain in order to ensurethe free
movement of packaging in the internal market and to improve its sustainability.
(48) The
manufacturer, having detailed knowledge of the design and production process,
is best 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.
(49) It should
be ensured that suppliers of packaging or packaging materials provide the
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.
(50) In order
to safeguard the functioning of the internal market, it is necessary to ensure
that packaging from third countries entering the
Union market comply with this Regulation,
whether imported as self-standing packaging or in 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 comply with those requirements
and that documentation drawn up by manufacturers are available for inspection by the competent national authorities.
(51) 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.
(52) As the
distributor makes packaging available on the market after it has been placed
there 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.
(53) 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 concerned.
(54) Any
importer or distributor that either places on the market packaging under their
own name or trademark, or modifies such a product 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.
(55) 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 time.
(56) The problem
of excessive packaging waste generation cannot be fully addressed by setting obligations on packaging design. For certain
packaging types, obligations to reduce the
empty space should be set on economic operators in terms of reducing the
empty space when using such packaging. In case of
grouped, transport and e-
commerce
packaging used for supply of products to final distributors or end user, the
empty space ration should not exceed 40 %. In line
with the waste hierarchy, it should be
possible for economic operators using sales packaging as e-commerce packaging to be exempted from this obligation.
(61) In order
to ensure a high level of environmental protection in the internal market as
well as a high level of food safety and hygiene, and
facilitate the achievement of the packaging
waste prevention targets, unnecessary or avoidable packaging should not be allowed to be placed on the market. The list of such
packaging formats is provided in Annex V of
this Regulation. In order to adapt the list to the technical and scientific progress the power to adopt acts in accordance
with Article 290 of the Treaty should be
delegated to the Commission to amend the list.
(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 re-use 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 system for re-use
should also be a part of the technical documentation of such packaging.
(63) Reusable
packaging has to be safe for its users. Therefore, economic operators offering their products in reusable packaging have to
ensure that, before a reusable packaging is
used again, it is subject to a reconditioning process, for which requirements should be laid down.
(64) 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.
In
order to reduce the increasing proportion of packaging that is single use and
the growing amounts of packaging waste
generated, it is necessary to establish quantitative
re-use and refill targets on packaging in sectors, which have been assessed as having the greatest potential for packaging
waste reduction, namely food and beverages for
take-away, large-white goods and transport packaging. This wasappraised based
on factors such as existing systems for re-use, necessity of using packaging and the possibility of fulfilling the functional
requirements in terms of containment,
tidiness, health, hygiene and safety. Differences of the products and their production and distribution systems, were also taken
into account. The setting of the targets is
expected to support the innovation and increase the proportion of re- use and refill solutions. The use of single use packaging
for food and beverages filled and consumed
within the premises in the HORECA sector should not be allowed.
(67) To
increase their effectiveness and ensure the equal treatment of economic
operators, the re-use and refill targets
should be placed on the economic operators. In cases of targets for beverages, they should be additionally placed
also on the manufacturers, as these actors are
able to control the packaging formats used for the products they offer. The targets should be calculated as a percentage of
sales in reusable packaging within a system
for re-use or through refill or, in case of transport packaging, as a percentage of uses. 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
Treaty on the methodology for their
calculation, should be delegated to the Commission.
(68) Certain
uses of single use transport packaging formats are not necessary, as there is a
wide range of well-functioning reusable alternatives.
In order to ensure that such alternatives are
effectively used, it is appropriate to require economic operators, when transporting products between different sites of the
same economic operator or between the economic
operator and the linked or partner enterprises, to use only reusable transport packaging with respect to packaging
formats such as pallets, foldable plastic
boxes, plastic crates, intermediate bulk containers, both rigid and flexible, or drums. The same obligation should, for the
same reasons, apply to economic operators
transporting products within one Member State.
(69) Achieving
re-use and refill targets can be challenging for smaller economic operators. Therefore, certain economic operators should be
exempted from the obligation to meet the
packaging re-use targets if they place less than a certain volume of packaging on the market, or fulfil the definition
of micro-company under Commission
Recommendation 2003/361, or have the sales area,
including all storage and dispatch areas,
under a certain surface limit. The power to adopt acts in accordance with Article 290 of the Treaty should be
delegated to the Commission to establish
re-use and refill targets for other products, to lay down further exemptions
for other economic operators or to exempt specific
packaging formats covered by the reuse or
refill targets in case of severe hygiene, food safety or environmental issues
preventing the achievement of these targets.
(70) To enable
the verification of compliance with the re-use and refill targets, it is
necessary 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 2030. Member States should make this
data publicly available.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 Council. 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.
(71) In view
of the results of the evaluation study on plastic carrier bags, further measures 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.
(72) The
measures by Member States to achieve a sustained reduction in the consumption
of lightweight plastic carrier bags on their
territory may include the use of national reduction
targets, maintaining or introducing economic instruments as well as marketing restrictions, provided that these restrictions
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.
(73) In order
to ensure the effective and harmonised application of sustainability requirements 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.
(74) 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
34range of
consumer behaviour and be robust in order to deter intentional and unintentional circumvention.
(75) In the
absence of harmonised standards, recourse to common technical specifications
should be used as a fall 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.
(76) 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
291 of the Treaty should be delegated to 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.
(77) 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 Council.
(78) 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.
(79) Compliance
of packaging itself with the requirements of this Regulation should instead be shown with the EU declaration of conformity.
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 bepossible for that single EU declaration of conformity to
be a dossier made up of relevant individual
declarations of conformity.
(80) Regulation
(EC) No 765/2008 of the European Parliament and of the Councilprovides 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.
(81) Waste
management in the Union should be improved, with a view to protecting, preserving and improving the quality of the environment,
protecting human health, ensuring prudent
efficient and rational utilisation of natural resources, promoting the principles of the circular economy, enhancing the use of
renewable energy, increasing energy
efficiency, reducing the dependence of the Union on imported resources, providing new economic opportunities and
contributing to long-term competitiveness. The
more efficient use of resources would also bring substantial net savings for Union businesses, public authorities and
consumers, while reducing total annual
greenhouse gas emissions.
(82) 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.
(83) 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.
(84) 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.
As
management of packaging and packaging waste is an important element of waste
management in general, Member States should dedicate
a separate chapter to thisissue in waste management plans prepared in the
execution of obligation laid down in Directive
2008/98/EC. Measures on waste prevention and re-use should be given particular attention.
(85) This
Regulation builds on the waste management rules and general principles laid
down in Directive 2008/98/EC.
(86) Waste
prevention is the most efficient way to improve resource efficiency and to
reduce the environmental impact of waste. It is
important therefore that economic operators
take appropriate measures to reduce the waste generation by eliminating excessive packaging and restrict the uses of certain
packaging formats, extending the life span of
packaging, re-designing products so that no packaging or less packaging can be used, including bulk sales, and by shifting from
single use packaging to reusable packaging.
(87) 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 2030
compared to the 2030 baseline. Member States should
reduce packaging waste 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.
(88) Member
States may achieve these targets by economic instruments and other measures to 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 targets set
out in this Regulation.
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 Council, makes available
packaging for the firsttime within a territory of a Member States on a
professional basis under its own name or
trademark.
(89) In order
to monitor that producers meet their obligations relating to their financial,
and 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.
(90) 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 Treaty should be delegated to the Commission to lay down a common format for
registration in and reporting to the register,
detailing the data to be reported.
(91) In line
with the polluter-pays principle expressed in Article 191(2) of 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.
(92) 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
organisation 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
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).similar, agreements, and require that binding
agreements are concluded only within a reasonable
timeframe after the authorisation.
(93) Regulation
(EU) 2022/2065 of the European Parliament and of the Council
lays down rules on the traceability of
traders, which more specifically contain obligations for providers of online platforms allowing consumers to
conclude distance contracts with producers
offering packaging to consumers located in the Union. 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 3 of
Regulation (EU) 2022/2065, allowing consumers to conclude distance contracts with producers should obtain 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 Regulation (EU) 2022/2065.
(94) Member
States should provide for the measures for the extended producer responsibility under this Regulation, in accordance with the
provisions of Directive 2008/98/EC and of this
Regulation.
(95) Member
States should set up return and collection systems for packaging waste, so
that 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 non-discriminatory provisions.
(96) Member
States should also take measures promoting recycling which meets the quality standards for the use of the recycled materials in
relevant sectors. This obligation is
particularly relevant in view of minimum percentage set for recycled content in plastic packaging.
(97) It has
been shown that well-functioning deposit and return systems ensure a very
high collection rate, especially of beverage bottles
and cans. In order to support the achievement
of the separate collection target for single use plastic beverage bottles
laid down in Directive (EU) 2019/904 and to further
drive high collection rates of metal beverages
containers, it is appropriate that Member States establish deposit and return systems. Those systems will contribute to the
increase of the supply of good quality
secondary raw material suitable for closed loop recycling and reduce beverage containers litter.
Deposit
and return systems should be obligatory for single use plastic beverage bottles and metal beverage containers. Member States might
also decide to includeother packaging in these systems, in particular single
use glass bottles, and should ensure that
deposit and return systems for single-use packaging formats, in particular
for single use glass beverage bottles, are equally
available for reusable packaging, where
technically and economically feasible. They should consider establishing
deposit and return systems also for reusable
packaging. In such situations, a Member State
should be allowed, while observing the general rules laid down in the Treaty
and complying with the provisions set out in this
Regulation, adopt provisions which go beyond
the minimum requirements set out in this Regulation.
(98) Given the
nature of the products and the differences in their production and distribution systems, deposit and return systems should
however not be obligatory for packaging for
wine, aromatised wine products, spirit drinks and milk and milk products listed in Part XVI of Annex I of the Regulation
(EU) No 1308/2013 of the European Parliament
and of the Council. Member States may establish deposit
and return systems covering also other
packaging.
(99) All
deposit and return systems should comply with the minimum general requirements laid down in this Regulation. 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.
(100) Member
States and all the relevant stakeholders involved in the setting up of the
deposit 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.
(101) Member
States which achieve 90 % collection rate of the targeted packaging types
without 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.
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 providedthat such requirements will not result in
fragmentation of single market and creation of
trade barriers.
(102) Directive
94/62/EC was amended by Directive (EU) 2018/852 of the European Parliament and of the Council
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.
(103) 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 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.
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 ofwaste, 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.
(104) 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.
(105) Where
packaging waste materials cease to be waste as a result of a preparatory
operation 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.
(106) 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) 2019/1004 laying down rules for
the calculation, verification and reporting of data on waste in accordance with
Directive 2008/98/EC.
(107) In the
case of exports of packaging waste from the Union for recycling, Regulation
(EC) No 1013/2006 of the European Parliament and of
the Council applies.
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 thatis repaired for re-use 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.
(108) Producers
and producer responsibility organisations should be actively involved in
providing information to end users, in particular
consumers, on prevention and management of
packaging waste. This information should include availability of re- use arrangements for packaging, meaning of labels displayed
on packaging and other instructions on the discarding
of packaging waste. The producers should also inform that end users have an important role in ensuring an
environmentally optimal management of
packaging waste. The disclosure of information to all end users as well as reporting on packaging should make use of modern
information technologies. The information
should be provided either by classical means, such as posters both indoors and outdoors and social media campaigns, or by more
innovative means, such as electronic access to
websites provided by QR codes affixed to the packaging.
(109) 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 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.
(110) In order
to establish the methodology for assessment of the at scale recyclability,
Member States should also report data on recycling
rates of packaging waste per packaging
material and type, amounts of separately collected packaging waste for each packaging material, amounts of packaging waste placed
on the market per material and packaging type,
and installed capacities of sorting and recycling. Reporting should be done annually.
(111) 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.
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 Treaty
should be delegated to the Commission to 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 consumptionof 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) 2018/896 and 2005/270/EC.
(112) In order
to contribute to enabling Member States and the Commission to monitor the
implementation of the objectives set out in this
Regulation, the Member States should establish
packaging databases and ensure that they are well-functioning.
(113) Effective
enforcement of sustainability requirements is essential to ensure fair competition 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 Council 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.
(114) Packaging
should be placed on the market only if it does not present a known risk to
the 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.
(115) 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 Treaty should be delegated to the
Commission to determine whether national measures in respect of non-compliant products are justified or not.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 acts
in accordance with Article 291 of the Treaty should be delegated to the Commission to decide whether a national measure is
justified or not.
(116) In case
of human health concerns, the market surveillance 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, Regulation (EU)
2017/745, Regulation (EU) 2017/746, Directive
2001/83/EC or Regulation (EU) 2019/6.
(117) Public
procurement amounts to 14 % of the Union's GDP. To 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 of
the Treaty should be 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 Council and Directive
2014/25/EU of the European Parliament and of
the Council, to align their procurement with specific
green public procurement criteria or targets.
Compared to a voluntary approach, mandatory
criteria or targets should ensure that the leverage of public spending to
boost demand for better performing packaging is
maximised. The criteria should be transparent,
objective and non-discriminatory.
(118) The
implementing powers that are conferred on the Commission by this Regulation
and 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.
(119) 49When
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.
(120) In order
to optimise and unburden the control process at the external borders of the
Union, 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 System Customs Risk Management environment and 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.
(121) In order
to ensure uniform conditions for the implementation of the interconnection
for 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.
When
adopting delegated acts pursuant to Article 290 of the Treaty, the Commission
should carry out appropriate consultations during its
preparatory work, including atexpert level, and those consultations be
conducted in accordance with the principles laid
down in the Inter-institutional Agreement of 13 April 2016 on Better Law-
Making. 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.
(122) In order
to ensure that product requirements in Directive (EU) 2019/904 can be monitored 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
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.
(123) To
enhance public trust in packaging placed on the market, in particular as
regards compliance with sustainability
requirements, the economic operators placing non- compliant 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.
(124) The
Commission should carry out an evaluation of this Regulation. Pursuant to
paragraph 22 of the Inter-institutional Agreement on
Better Law-Making, that evaluation should be
based on the five criteria of efficiency, effectiveness, relevance, coherence and Union value added and should provide the
basis for impact assessments of possible
further measures. The Commission should submit to the European Parliament, to the Council, the European Economic
and Social Committee, and to the Committee of
the Regions a report on the implementation of this Regulation and its impact on the environmental
sustainability of packaging and the functioning
of the internal market.
(125) 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.
(126) 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.
(127) In order
to allow Member States to take the necessary administrative measures regarding the organisation of the authorisation procedures
by the competent authorities, while keeping
continuity for economic operators, the application of this Directive should be deferred.
(128) 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 bases 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.
(129) 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 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,
HAVE
ADOPTED THIS REGULATION:
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, treatment and recycling of packaging waste.
2. This Regulation contributes to the efficient functioning of the internal market by harmonising national measures on packaging and packaging waste in order to avoid obstacles to trade, 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.
1. This Regulation applies to all packaging, regardless of the material used, and to all packaging waste, whether such waste is used in or originates from industry, other manufacturing, retail or distribution, offices, services or households.
2. This Regulation applies 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.
For the purposes of this Regulation, the following definitions apply:
(1) ‘packaging’ means items of any materials that are intended to be used for the containment, protection, handling, delivery or presentation of products and that can be differentiated into packaging formats based on their function, material and design, including:
(a) items that are necessary to contain, support or preserve the product throughout its lifetime without being an integral part of the product which is intended to be used, consumed or disposed of together with the product;
(b) components of, and ancillary elements to, an item referred to in point (a) that are integrated into the item;
(c) ancillary elements to an item referred to in point (a) that are hung directly on, or attached to, the product and that performs a packaging function without being an integral part of the product which is intended to be used, consumed or disposed of together with the product;
(d) items designed and intended to be filled at the point of sale, provided that they perform a packaging function;
(e) disposable items sold, filled or designed and intended to be filled at the point of sale, provided that they perform a packaging function;
(f) tea or coffee bags necessary to contain a tea or coffee product and intended to be used and disposed of together with the product;
(g) coffee or tea system single-serve unit necessary to contain a coffee or tea product and intended to be used and disposed of together with the product;
(2) ‘sales packaging’ means packaging conceived so as to constitute a sales unit consisting of products and packaging to the final user or consumer at the point of sale;
(3) ‘grouped packaging’ means packaging conceived so as to constitute a grouping of a certain number of sales units at the point of sale whether the latter is sold as such to the end user or it serves only as a means to replenish the shelves at the point of sale or 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 a number of sales units or grouped packages, including e-commerce packaging but excluding road, rail, ship and air containers, in order to prevent physical handling and transport damage;
(5) ‘e-commerce packaging’ means transport packaging used to deliver products in the context of sale online or through other means of distance sales to the end user;
(6) ‘making available on the market’ means any supply of a packaging for 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;
(8) ‘economic operator’ means manufacturers, suppliers of packaging, importers, distributors, final distributors, and fulfilment service providers;
(9) ‘manufacturer’ means any natural or legal person who manufactures packaging under its own name or trademark, or has packaging designed or manufactured, 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;
(10) ‘producer’ means 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, makes available packaging for the first time within a territory of a Member States on a professional basis under its own name or trademark;
(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;
(12) ‘importer’ means any natural or legal person established within the Union who places packaging, or a packaged product, from a third country on the Union market;
(13) ‘distributor’ means any natural or legal person in the supply chain, other than the manufacturer or importer, who makes a packaging, or a packaged product, available on the market;
(14) ‘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) ‘appointed representative for the extended producer responsibility’ means a legal or natural person established in a Member State where the producer makes packaging available on the market for the first time, other than the Member State 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;
(16) ‘final distributor’ means the distributor who delivers packaged products or products that can be purchased through refill to the end user;
(17) ‘consumer’ means natural persons who are acting for purposes which are outside their trade, business or profession;
(18) ‘end user' means any natural or legal person residing or established in the Union, 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 product further available on the market in the form supplied to it;
(19) ‘composite packaging' means a unit of packaging made of two or more different materials, excluding materials used for labels, closures and sealing, which cannot be separated manually and therefore form a single integral unit;
(20) ‘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;
(21) ‘packaging waste prevention' means measures that are taken before any 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
(22) ‘re-use' means any operation by which reusable packaging is used again for the same purpose for which it was conceived;
(23) ‘single-use packaging' means packaging which is not reusable packaging;
(24) ‘rotation' means the cycle that reusable packaging accomplishes from the moment 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 products;
(25) ‘trip' means transfer of packaging, from filling or loading to emptying or 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 and return systems, when they ensure that packaging is collected for re-use, are considered as part of a ‘system for re-use';
(27) ‘reconditioning' means an operation necessary 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 fills its own container, which fulfils the packaging function, with a product or several products offered by the final distributor in the context of a commercial transaction;
(29) ‘refill station' means a place, where a final distributor offers to end users products that can be purchased through refill;
(30) ‘HORECA sector' means Accommodation and Food Service Activities according to NACE Rev. 2 - Statistical classification of economic activities;
(31) ‘design for recycling' means design of packaging, including individual components of packaging, in order to ensure its recyclability with state-of-the-art collection, sorting and recycling processes;
(32) ‘recycled at scale' means collected, sorted and recycled through installed state-of- the-art infrastructure and processes, covering at least 75 % of the Union population, including packaging waste exported from the Union that meets the requirements of Article 47(5);
(33) ‘packaging category' means a combination of material and specific packaging design, which determines the recyclability with the state of the art collection sorting and recycling processes and is relevant for the definition of the design for recycling criteria;
(34) ‘integrated component' means a packaging component that may be distinct from the main body of the packaging unit, and may be of a different material, but is integral to the packaging unit and its functioning and does not need to be separated from the main packaging unit in order to consume 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 be 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;
(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;
(37) ‘innovative packaging' means a form of packaging that is manufactured using new materials, design or production processes, resulting in a significant improvement in the functions of packaging, such as containment, protection, handling, delivery or presentation of products, and in demonstrable environmental benefits, with the exception of packaging that is the result of modification of existing packaging for the sole purpose of improved presentation of products and marketing;
(38) ‘secondary raw materials' means materials that have been obtained through recycling processes and can substitute primary raw materials;
(39) ‘post-consumer plastic waste' means plastic waste that is generated from plastic products that have been placed on the market;
(40) ‘contact sensitive packaging' means packaging that is intended to be 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;
(41) ‘compostable packaging' means packaging capable of undergoing physical, chemical, thermal or biological decomposition such that most of the finished compost ultimately decomposes into carbon dioxide, mineral salts, biomass and water, according to Article 47(4), and does not hinder the separate collection and the composting process or activity into which it is introduced in industrially controlled conditions;
(42) ‘single use plastic beverage bottles' means beverage bottles listed in Part F of the Annex to Directive (EU) 2019/904;
(43) ‘plastic' means a polymer within the meaning of Article 3(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;
(44) ‘plastic carrier bags' means carrier bags, with or without handle, made of plastic, which are supplied to consumers at the point of sale of products;
(45) ‘lightweight plastic carrier bags' means plastic carrier bags with a wall thickness below 50 microns;
(46) ‘very lightweight plastic carrier bags' means plastic carrier bags with a wall thickness below 15 microns;
(47) ‘thick plastic carrier bags' means plastic carrier bags with a wall thickness between 50 and 99 microns;
(48) ‘very thick plastic carrier bags' means plastic carrier bags with a wall thickness above 99 microns;
(49) ‘waste receptacles' means containers, bins and bags used to store and collect waste;
(50) ‘deposit' means a fixed sum of money, not being part of the price of a packaged or filled product that is collected from the end user when purchasing such packaged or filled product, covered by a deposit and return system in a given Member State and redeemable when the end user returns the deposit bearing packaging to a collection point established for that purpose;
(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 system, and redeemed to the end user when the deposit bearing packaging is returned to a collection point established for that purpose;
(52) ‘technical specification' means a document that prescribes technical requirements to be fulfilled by a product, process or service;
(53) ‘harmonised standard' means a standard as defined in Article 2(1), point (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;
(55) ‘producer responsibility organisation’ means a legal entity that financially or 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.
(57) ‘packaging presenting a risk’ means a packaging that, by not complying with a requirement set out in or pursuant to this Regulation other than those listed in Article 56(1), may 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;
(59) ‘online platform’ means online platform as defined in Article 3 point (i) of Regulation (EU) 2022/2065;
(60) ‘waste’ means waste as defined in Article 3 point (1) of Directive 2008/98/EC, with the exception of reusable packaging conveyed to reconditioning;
The definitions of ‘substance of concern’ and ‘data carrier’ laid down in Article [2 points (28) and (30)] of Regulation [Ecodesign for sustainable products] shall apply;
The definitions of ‘waste management’, ‘collection’, ‘separate 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;
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.
An indicative list of items falling within the definition of packaging in point (1) is set out in Annex I.
1. Packaging shall only be placed on the market if it complies with this Regulation.
2. Member States shall not prohibit, restrict or impede the placing on the market of packaging that complies with the sustainability requirements set out in Articles 5 to 10 of this Regulation.
3. Member States shall not prohibit, restrict or impede the placing on the market of packaging that complies with the labelling and information requirements set out in Article 11 of this Regulation.
4. In case 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 on the market of packaging that complies with the requirements under this Regulation for reasons of non-compliance with those national requirements.
5. In addition to the labelling requirements laid down in Article 11, Member States may provide for further labelling requirements, for the purpose of identifying the extended producer responsibility scheme or a deposit and return system other than those referred to in Article 44(1).
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 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.
2. Without prejudice to the restrictions on chemicals set out in Annex XVII of Regulation (EC) No 1907/2006 or, where applicable, to the restrictions and specific measures on food contact packaging 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.
3. Compliance with the requirements set out in paragraph 2 shall be demonstrated in the 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;
(b) determine the conditions under which the concentration level referred to in paragraph 2 shall not apply to recycled materials and to product loops, which are in a closed and controlled chain, as well as to determine the types of packaging which shall be exempted from the requirements laid down in that paragraph. Such delegated acts shall be 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.
1. All packaging shall be recyclable.
2. Packaging shall be considered recyclable where it complies with the following:
(a) it is designed for recycling;
(b) it is effectively and efficiently separately collected in accordance with Article 43(1) and (2);
(c) it is sorted into defined waste streams without affecting the recyclability of other waste streams;
(d) it can be recycled so that the resulting secondary raw materials are of sufficient quality to substitute the primary raw materials;
(e) it can be recycled at scale.
Point (a) shall apply from 1 January 2030 and point (e) shall apply from 1 January 2035.
3. Recyclable packaging shall, from 1 January 2030, comply with the design for recycling criteria as laid down in the delegated 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 paragraph 2, points (a) and (e).
4. The Commission is empowered to adopt delegated acts in accordance with Article 58 to supplement this Regulation in order to establish design for recycling criteria and recycling performance grades based on the criteria and parameters listed in Table 2 of Annex II for packaging categories listed in Table 1 of that Annex, as well as rules concerning the modulation of financial contributions to be paid by producers to comply with their extended producer responsibility obligations set out in Article 40(1), based on the packaging recycling performance grade, and for plastic packaging, the percentage of recycled content. Design-for-recycling criteria shall consider state of the art collection, sorting and recycling processes and shall cover all packaging components.
The Commission is empowered to adopt delegated acts in accordance with Article 58 to amend Table 1 of Annex in order to adapt it to scientific and technical development in material and product design, collection, sorting and recycling infrastructure.
5. From 1 January 2030, packaging shall not be considered recyclable if it corresponds to performance grade E under the design for recycling criteria established in the delegated act adopted pursuant to paragraph 4 for the packaging category, to which the packaging belongs.
These criteria shall be based at least on the parameters as listed in Table 2 of Annex II.
6. The Commission shall, for each packaging type listed in Table 1 of Annex II, establish the methodology to assess if packaging is recyclable at scale. That methodology shall be based at least on the following elements:
(a) amounts of packaging placed on the market in the Union as a whole and in each Member State;
(b) amounts of separately collected packaging waste, per packaging material listed in Table 1 of Annex II, in the Union as whole and in each Member State;
(c) recycling rates of packaging waste per packaging type listed in Table 1 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);
(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.
7. The criteria and requirements referred to in paragraph 3 shall establish:
(a) the manner in which to express the result of the recyclability assessment in recyclability performance grades from A to E, as described in Table 3 of Annex II, based on the percentage of the packaging unit, in weight, which is recyclable according to paragraph 1;
(b) detailed design for recycling criteria for each packaging material and category listed in Table 1 of Annex II;
(c) a description, for each packaging category listed in Table 1 of Annex II, of the conditions for compliance with the respective performance grades;
(d) the modulation of the financial contributions to be paid by producers to comply with their extended producer responsibility obligations as referred to in Article 40, based on the packaging performance grade;
(e) the manner in which to assess the recyclability at scale for each packaging category listed in Table 1 of Annex II in order to establish, as of 2035, updated recyclability performance grades.
8. 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.
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 separately for each separate component.
All components of a unit of packaging shall be compatible with the state of the art collection, sorting and recycling processes and shall not hinder the recyclability of the main body of the unit of packaging.
9. From 1 January 2030, and by way of derogation from paragraphs 2 and 3, innovative packaging may be placed on the market for a maximum period of 5 years after the end of the calendar year when it has been placed on the market.
Where use is made of this derogation, 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(34) of this Regulation.
After the period referred to in the first sub-paragraph, such packaging shall be accompanied by the technical documentation referred to in paragraph 8.
10. Until 31 December 2034, this Article shall not apply to the following:
(a) 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;
(b) contact sensitive plastic packaging of medical devices covered by Regulation (EU) 2017/745;
(c) contact sensitive plastic packaging of in vitro diagnostics medical devices covered by Regulation (EU) 2017/746.
11. The financial contributions to be paid by producers to comply with their extended producer 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).
1. From 1 January 2030, the plastic part in packaging shall contain the following minimum percentage of recycled content recovered from post-consumer plastic waste, per unit of packaging:
(a) 30 % for contact sensitive packaging made from polyethylene terephthalate (PET) as the major component;
(b) 10 % for contact sensitive packaging made from plastic materials other than PET, except single use plastic beverage bottles;
(c) 30 % for single use plastic beverage bottles;
(d) 35 % for packaging other than those referred to in points (a), (b) and (c).
2. From 1 January 2040, the plastic part in packaging shall contain the following minimum percentage of recycled content recovered from post-consumer plastic waste, per unit of packaging:
(a) 50 % for contact sensitive plastic packaging, except single use plastic beverage bottles;
(b) 65 % for single use plastic beverage bottles;
(c) 65 % for plastic packaging other than those referred to in points (a) and (b);
3. Paragraphs 1 and 2 shall not apply to the following:
(a) 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;
(b) contact sensitive plastic packaging of medical devices covered by Regulation (EU) 2017/745;
(c) contact sensitive plastic packaging of in vitro diagnostics medical devices covered by Regulation (EU) 2017/746;
(d) outer packaging 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 such packaging is necessary to comply with specific requirements to preserve the quality of the medicinal product.
4. Paragraphs 1 and 2 shall not apply to compostable plastic packaging.
5. Compliance with the requirements set out in paragraphs 1 and 3 shall be demonstrated in the technical information concerning the packaging referred to in Annex VII.
6. By 1 January 2030, the financial contributions paid by producers to comply with their extended producer responsibility obligations as laid down in Article 40 shall be modulated based on the percentage of recycled content used in the packaging.
7. By 31 December 2026, the Commission is empowered to adopt implementing acts establishing the methodology for the calculation and verification of the percentage of recycled content recovered from post-consumer plastic waste, per unit of plastic packaging, and the format for the technical documentation referred to in Annex VII. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 59(3).
8. As of 1 January 2029, 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.
Based on this assessment, the Commission is empowered to adopt delegated acts in accordance with Article 58 to amend this Regulation in order to:
(a) provide for derogations from the scope, timing or level of minimum percentage laid down in paragraph 1, points b and d, for specific plastic packaging, and, as appropriate,
(b) revise the derogations established in paragraph 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.
10. Where justified by the lack of availability or excessive prices of specific recycled plastics that may 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 post-consumer 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.
11. 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 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.
1. By [OP: please insert the date = 24 months from the entry into force of this Regulation], packaging referred to in Article 3(1), points (f) and (g), sticky labels attached to fruit and vegetables and very lightweight plastic carrier bags shall be compostable in industrially controlled conditions in bio-waste treatment facilities.
2. Where appropriate waste collection schemes and waste treatment infrastructure are available to ensure that packaging referred to in paragraph 1 enters the organic waste management stream, Member States are empowered to require that lightweight plastic carrier bags shall be made available on their market for the first time only if it can be demonstrated that those lightweight plastic carrier bags have been entirely manufactured from biodegradable plastic polymers, which are compostable in industrially controlled conditions.
3. 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 paragraphs 1 and 2, including packaging made of biodegradable plastic polymers, shall allow material recycling without affecting the recyclability of other waste streams.
4. Compliance with the requirements set out in paragraphs 1 to 3 shall be demonstrated in the technical information concerning the packaging referred to in Annex VII.
5. The Commission shall be empowered to adopt delegated acts in accordance with Article 58 to amend paragraphs 1 and 2 of this Article by adding other types of packaging to the types of packaging covered by those paragraphs when 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.
1. Packaging shall be designed so that its weight and volume is reduced to the minimum necessary for ensuring its functionality taking account of the material that the packaging is made of.
2. Packaging not necessary to comply with any of the performance criteria set out in Annex IV and packaging with characteristics that are only aimed to increase the perceived volume of the product, including double walls, false bottoms, and unnecessary layers, shall not be placed on the market, unless the packaging design is subject to geographical indications of origin protected under Union legislation.
3. Empty space shall be reduced to the minimum necessary for ensuring the packaging functionality as follows:
(a) for sales packaging, in relation to the total volume of the packaged product and its 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.
4. Compliance with the requirements set out in paragraphs 1 and 2 shall be demonstrated in 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;
(b) the identification of the design requirements which prevent further reduction of the packaging weight or volume, for each of these performance criteria;
(c) any test results, studies or other relevant sources 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.
1. Packaging shall be considered reusable where if fulfils the following conditions:
(a) it has been conceived, designed and placed on the market with the objective to be re-used or refilled;
(b) it has been conceived and designed to accomplish as many trips or rotations as possible in normally predictable conditions of use;
(c) it can be emptied or unloaded without damage to the packaging, which prevents its re-use;
(d) it is capable of being emptied, unloaded, refilled or reloaded while ensuring compliance with the applicable safety and hygiene requirements;
(e) it is capable of being reconditioned in accordance with Part B of Annex VI, whilst maintaining its ability to perform its intended function;
(f) it can be emptied, unloaded, refilled or reloaded while maintaining the quality and safety of the packaged product and allowing for the attachment of labelling, and the provision of information on the properties of that product and on the packaging itself, including any relevant instructions and information for ensuring safety, adequate use, traceability and shelf-life of the product;
(g) it can be emptied, unloaded, refilled or reloaded without risk to the health and safety of those responsible for doing so;
(h) it fulfils the requirements specific to recyclable packaging when it becomes waste set out in Article 6.
2. Compliance with the requirements set out in paragraph 1 shall be demonstrated in the technical information concerning the packaging referred to in Annex VII.
1. From [OP: Please insert the date = 42 months after the entry into force of this Regulation], packaging shall be marked with a label containing information on its material composition. This obligation does not apply to transport packaging. However, it applies to e-commerce packaging.
Packaging subject to deposit and return systems referred to in Article 44(1) 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.
2. From [OP: Please insert the date = 48 months after the date of entry into force of this Regulation], packaging shall bear a label on packaging reusability and a QR code or other type of digital data carrier that provides further information on packaging reusability including the availability of a system for re-use and of collection points, and that facilitates the tracking of the packaging and the calculation of trips and rotations. In addition, reusable sales packaging shall be clearly identified and distinguished from single use packaging at the point of sale.
3. Where a unit of packaging covered by Article 7 is marked with a label containing information on the share of recycled content, that label shall comply with the specifications laid down in the relevant implementing act adopted pursuant to Article 11(5) and shall be based on the methodology pursuant to Article 7(7). Where 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).
4. Labels referred to in paragraphs 1 to 3 and the QR code or other type of digital data carrier referred to in paragraph 2 shall be placed, printed or engraved visibly, clearly legibly and indelibly on the packaging. 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.
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 the packaging.
5. By [OP: Please insert the date = 18 months after the date of entry into force of this 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 12. 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 digital marking technologies. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 59(3).
7. Without prejudice to requirements concerning other harmonised EU labels, economic operators shall not provide or display labels, marks, symbols or inscriptions that are likely to mislead or confuse consumers or other end users with respect to the sustainability requirements for packaging, other packaging characteristics or packaging waste management options, for which harmonised labelling has been laid down in this Regulation.
8. Packaging 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 by means of a 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.
By 1 January 2028, 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 affixed, printed or engraved visibly, legibly and indelibly on all waste receptacles for collection of packaging waste.
1. When placing packaging on the market, manufacturers shall ensure that the packaging complies with the following:
(a) it has been designed and manufactured in accordance with the applicable requirements set out in Articles 5 to 10;
(b) it is labelled in accordance with the applicable requirements set out in Article 11.
2. 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.
3. Manufacturers shall keep the technical documentation referred to in Annex VII and the EU declaration of conformity for 10 years after the packaging has been placed on the market.
4. Manufacturers shall ensure that procedures are in place for series production of packaging to remain in conformity with this Regulation. Changes 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.
5. Manufacturers shall ensure that the packaging bears a type, batch or serial number or other 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 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 6 is clear, 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.
8. 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 non-compliance 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. 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.
1. Any supplier of packaging or packaging materials shall provide the manufacturer with all 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.
2. Where appropriate, the documentation and information provided for in legislation applicable to contact sensitive packaging shall be part of the information and documentation to be provided to the manufacturer pursuant to paragraph 1.
1. A manufacturer may, by a written mandate, appoint an authorised representative.
The obligations laid down in Article 13(1) and the obligation to draw up technical documentation referred to in Annex VII and required under Articles 5 to 10 shall not form part of the authorised representative's mandate.
2. An authorised representative shall perform the tasks specified in the mandate received 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 years after the packaging has been placed on the market;
(b) cooperate with the national authorities, at their request, on any measures taken with regard to non-compliances of the packaging covered by the authorised representative's mandate;
(c) 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 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 relevant documents within 10 days of the receipt of such a request;
(e) terminate the mandate if the manufacturer acts contrary to its obligations under this Regulation.
1. Importers shall only place on the market packaging which is compliant with the requirements of Articles 5 to 11.
2. Before placing packaging on the market, importers shall ensure the following:
(a) the appropriate conformity assessment procedure, referred to in Article 33 has 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,
(c) the packaging is accompanied by the required documents;
(d) the manufacturer has complied with the requirements set out in Article 13(5) and (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.
4. Importers shall ensure that information provided in accordance with paragraph 3 is clear, 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.
5. 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.
6. Importers who consider or have reason to believe that packaging, which they have placed 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.
7. Importers 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.
8. Importers shall, for 10 years after the 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 electronic form. The relevant documents shall be made available within 10 days of receipt of the request from the national authority.
10. Importers shall cooperate with the competent national authority on any action taken to remedy any case of non-compliance with the requirements set out in Articles 5 to 11.
1. When making packaging available on the market, distributors shall act with due care in relation to the requirements of this Regulation.
2. Before making packaging available on the market, distributors shall verify the following:
(a) the producer, that is subject to the obligations on extended producer responsibility for the packaging is registered in the register of producers referred to in Article 40;
(b) the packaging is labelled in accordance with Article 11;
(c) the manufacturer and the importer have complied with the requirements set out in 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 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.
4. 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.
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.
Fulfilment service providers shall ensure that for packaging that they handle, the 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 14, 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.
1. Economic operators shall, upon request, provide information to the market surveillance authorities on the following:
(a) the identity of any economic operator that has supplied them with packaging;
(b) the identity of any economic operator to which they have supplied packaging.
2. Economic operators shall be able to provide the information referred to in paragraph 1 for 10 years after they have been supplied with the packaging and for 10 years after they have supplied the packaging.
1. Economic operators who supply products to a final distributor or an end user in grouped packaging, transport packaging or e-commerce packaging, shall ensure that the empty space ratio is maximum 40 %.
2. For the purpose of this calculation:
(a) empty space shall mean the difference between the total volume of grouped packaging, transport packaging or e-commerce packaging and the volume of sales packaging contained therein;
(b) empty space ratio shall mean the ratio of the empty space as defined in point
(a) of 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, shall be considered as empty space.
3. Economic operators using sales packaging as e-commerce packaging shall be exempted from the obligation laid down in paragraph 1. They shall nevertheless ensure that such sales packaging complies with the requirements in Article 9.
1. Economic operators shall not place on the market packaging in the formats and for the purposes listed in Annex V.
2. By way of derogation from paragraph 1, economic operators shall not place on the market packaging in the formats and for the purposes listed in point 3 of Annex V as of 1 January 2030.
3. Member States may exempt economic operators from point 3 of Annex V if they comply with the definition of micro-company in accordance with rules set out in the Commission Recommendation 2003/361, as applicable on [OP: Please insert the date = the date of entry into force of this Regulation], and where it is not technically feasible not to use packaging or to obtain access to infrastructure that is necessary for the functioning of a reuse system.
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.
1. Economic operators who place reusable packaging on the market shall ensure that a system for re-use of such packaging is in place, 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.
1. Economic operators making use of reusable packaging shall participate in one or more 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 recondition such packaging in compliance with Part B of Annex VI, prior to offering it again for use by end users.
1. Where economic operators offer the possibility to purchase products through refill, they shall inform end users of the following:
(a) the types of containers that may be used to purchase the products on offer through refill;
(b) the hygiene standards for 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.
2. Economic operators enabling refill shall ensure that refill stations comply with the 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 offered to the end users at the refill stations is not provided free of charge or is provided as a part of a deposit and return system.
4. Economic operators may refuse to refill a container provided by the end user, if the end user does not abide with the requirements communicated by the economic operator in accordance with paragraph 1.
1. From 1 January 2030, economic operators making large household appliances listed in point 2 of Annex II to Directive 2012/19/EU available on the market for the first time within the territory of a Member State shall ensure that 90 % of those products are made available in reusable transport packaging within a system for re-use.
2. The final distributor making available on the market within the territory of a Member State in sales packaging cold or hot beverages filled into a container at the point of sale for take-away shall ensure that:
(a) from 1 January 2030, 20 % of those beverages are made available in reusable packaging within a system for re-use or by enabling refill;
(b) from 1 January 2040, 80 % of those beverages are made available in reusable packaging within a system for re-use or by enabling refill.
3. A final distributor that is conducting its business activity in the HORECA sector and that is making available on the market within the territory of a Member State in sales packaging take-away ready-prepared food, intended for immediate consumption without the need of any further preparation, and typically consumed from the receptacle, shall ensure that:
(a) from 1 January 2030, 10 % of those products are made available in reusable packaging within a system for re-use or by enabling refill;
(b) from 1 January 2040, 40 % of those products are made available in reusable packaging within a system for re-use or by enabling refill.
4. The manufacturer and the final distributor making available on the market within the territory of a Member State in sales packaging alcoholic beverages in the form of beer, carbonated alcoholic beverages, fermented beverages other than wine, aromatised wine products and fruit wine, products based on spirit drinks, wine or other fermented beverages mixed with beverages, soda, cider or juice, shall ensure that:
(a) from 1 January 2030, 10 % of those products are made available in reusable packaging within a system for re-use or by enabling refill;
(b) from 1 January 2040, 25 % of those products are made available in reusable packaging within a system for re-use or by enabling refill.
5. The manufacturer and the final distributor making available on the market within the territory of a Member State in sales packaging alcoholic beverages in the form of wine, with the exception of sparkling wine, shall ensure that:
(a) from 1 January 2030, 5 % of those products are made available in reusable packaging within a system for re-use or by enabling refill;
(b) from 1 January 2040, 15 % of those products are made available in reusable packaging within a system for re-use or by enabling refill.
6. The manufacturer and the final distributor making available on the market within the territory of a Member State in sales packaging non-alcoholic beverages in the form of water, water with added sugar, water with other sweetening matter, flavoured water, soft drinks, soda lemonade, iced tea and similar beverages which are immediately ready to drink, pure juice, juice or must of fruits or vegetables and smoothies without milk and non-alcoholic beverages containing milk fat, shall ensure that:
(a) from 1 January 2030, 10 % of those products are made available in reusable packaging within a system for re-use or by enabling refill;
(b) from 1 January 2040, 25 % of those products are made available in reusable packaging within a system for re-use or by enabling refill.
7. Economic operators using transport packaging in the form of pallets, plastic crates, foldable plastic boxes, pails and drums for the conveyance or packaging of products in conditions other than provided for under paragraphs 12 and 13 shall ensure that:
(a) from 1 January 2030, 30 % of such packaging used is reusable packaging within a system for re-use;
(b) from 1 January 2040, 90 % of such packaging used is reusable packaging within a system for re-use.
8. Economic operators using transport packaging for the transport and delivery of non- food items made available on the market for the first time via e-commerce shall ensure that:
(a) from 1 January 2030, 10 % of such packaging used is reusable packaging within a system for re-use;
(b) from 1 January 2040, 50 % of such packaging used is reusable packaging within a system for re-use;
9. Economic operators using transport packaging in the form of pallet wrappings and straps for stabilization and protection of products put on pallets during transport shall ensure that:
(a) from 1 January 2030, 10 % of such packaging used is reusable packaging within a system for re-use;
(b) from 1 January 2040, 30 % of such packaging used for transport is reusable packaging within a system for re-use;
10. Economic operators using grouped packaging in the form of boxes, excluding cardboard, used outside of sales packaging to group a certain number of products to create a stock-keeping unit shall ensure that:
(a) from 1 January 2030, 10 % of such packaging used is reusable packaging within a system for re-use;
(b) from 1 January 2040, 25 % of such packaging they used is reusable packaging within a system for re-use.
11. Targets laid down in paragraphs 1 to 10 shall be calculated for the period of a calendar year.
12. Transport packaging used by an economic operator shall be reusable where it is used for transporting products:
(a) between different sites, on which the operator performs its activity; or
(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 on [OP: Please insert the date = the date of entry into force of this Regulation],
This obligation applies to pallets, boxes, excluding cardboard, trays, plastic crates, intermediate bulk containers, drums and canisters, of all sizes and materials, including flexible formats.
13. Economic operators delivering products to another economic operator within the same Member State shall use only reusable transport packaging for the purpose of the transportation of such products.
This obligation applies to pallets, boxes, excluding cardboard, plastic crates intermediate bulk containers, and drums, of all sizes and materials, including flexible formats.
14. Economic operators shall be exempted from the obligation to meet the targets in paragraphs 2 to 10 if, during a calendar year, they:
(a) placed not more than 1000 kg of packaging on the market; or
(b) complied with the definition of micro-company in accordance with rules set out in the Commission Recommendation 2003/361, as applicable on [OP: Please insert the date = the date of entry into force of this Regulation].
15. Economic operators shall be exempted from the obligation to meet the targets in paragraphs 2 to 6 if, during a calendar year, they have a sales area of not more than 100 m2, including also all storage and dispatch areas.
16. The Commission shall be empowered to adopt delegated acts in accordance with Article 58 to supplement this Regulation in order to establish:
(a) targets for other products than those covered by paragraphs 1 to 6 of this Article 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) of paragraph 14 of this Article,
(c) exemptions for specific packaging formats covered by the targets laid down in paragraphs 2 to 6 of this Article in case of hygiene, food safety or environmental issues preventing the achievement of those targets.
17. 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 laid down in this Article, and setting new targets for the reuse and refill of packaging, and where necessary present a legislative proposal.
1. For the purpose of demonstrating the attainment of the targets laid down in Article 26(1), the economic operator making large household appliances listed in point 2 of Annex II to Directive 2012/19/EU available on the market for the first time within the territory of a Member State shall calculate the following:
(a) the number of units of sales of those appliances in reusable packaging within a 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.
2. For the purpose of demonstrating the attainment of the targets laid down in Article 26(2) to (6), the final distributor, or 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:
(a) the number of units of sales of beverages and 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 number of units of sales of beverages and food made available on the market within the territory of a Member State in a calendar year through refill;
(c) the number of units of sales of beverages and food made 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.
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:
(a) the number of equivalent units of each of the packaging formats listed in Article 26(7) to (10) constituting reusable packaging within a system for re-use they used in a calendar year;
(b) the number of equivalent units of each of the packaging formats listed in Article 26(7) to (10), other than those indicated in point (a), that they used in a calendar year.
4. By 31 December 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).
1. The economic operators referred to in Article 26(1) to (10) shall report to the competent 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.
3. The first reporting period shall concern the calendar year starting on 1 January 2030.
4. The competent authorities shall establish electronic systems through which data shall be reported to them and specify the formats to be used.
5. Competent authorities may request any additional information necessary to ensure the reliability of the data reported.
6. Member States shall make public the results of the reports referred to in paragraph 1.
1. Member States shall take measures to achieve a sustained reduction in the consumption of lightweight plastic carrier bags on their territory.
A sustained reduction is 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 marketing restrictions, provided that they are proportionate and non-discriminatory.
3. 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.
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 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.
1. 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.
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, or parts thereof, covered by those standards set out in Articles 5 to 11 and 24.
1. 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:
(a) there is no harmonised standard covering the relevant requirements the reference of which is published in the Official Journal of the European Union or the standard does not satisfy the requirements it aims to cover;
(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:
(i) the request has not been accepted by any of the European standardisation organisations to which the request was addressed;
(ii) the request has been accepted by at least one of the European standardisation organisations to which the request was addressed, but the standards requested:
- are not adopted within the deadline set in the request;
- do not comply with the request;
- 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).
3. When references of a harmonised standard 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.
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.
1. The EU declaration of conformity shall state that the fulfilment of the requirements set out in Articles 5 to 11 has been demonstrated.
2. 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.
3. 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 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.
4. By drawing up the EU declaration of conformity, the manufacturer assumes responsibility for the compliance of the packaging with the requirements laid down in this Regulation.
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 26(1) to (10), Article 27, Article 28 and Article 29.
2. Member States shall lay down the details of the organisation and operation of the competent authority or competent authorities, including administrative and procedural rules governing:
(a) the registration of producers in accordance with Article 39;
(b) the organisation and monitoring of reporting requirements under Article 39(7);
(c) the oversight of the implementation of the extended producer responsibility obligations in accordance with Article 40;
(d) the making available of information in accordance with Article 50.
3. By [OP: Please insert the date = 3 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.
2. The reports referred to in paragraph 1 shall include the following:
(a) an estimation of the attainment of the targets by each Member State;
(b) a list of Member States at risk of not attaining the targets within the respective deadlines, accompanied by appropriate recommendations for the Member States concerned;
(c) examples of best practices that are used throughout the Union which could provide guidance for progressing towards attaining the targets.
Member States shall include in the waste management plans required pursuant to Article 28 of Directive 2008/98/EC a dedicated chapter on the management of packaging and packaging waste, including measures taken pursuant to Articles 38 and 45 of this Regulation.
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
(a) 5 % by 2030;
(b) 10 % by 2035;
(c) 15 % by 2040.
2. Member States shall implement measures aiming to prevent the generation of packaging waste and to minimise the environmental impact of packaging.
3. For the purpose of paragraph 2, Member States may use 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 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.
4. 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.
5. 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.
1. Member States shall 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 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 appointed 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.
3. The obligations set out in this Article may, on the producer’s behalf, be met by an appointed representative for the extended producer responsibility.
4. Producers shall not make available packaging on the market, if they or, where applicable, their appointed representatives for the extended producer responsibility, are not registered in such Member State.
5. The application for registration shall include the information to be provided in accordance 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.
6. Where an appointed 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 representative for the extended producer responsibility or the producer responsibility organisation shall report to the competent authority responsible for the register, by 1 March for each full preceding calendar year, the information set out in Part B of Annex IX.
8. The competent authority responsible for the register:
(a) shall receive applications for the registration of producers referred to in paragraph 2 via an electronic data-processing system, the details of which shall be made available on the competent authorities’ website;
(b) shall grant registrations and provide a registration number within a maximum period of twelve weeks from the moment that all the information laid down in paragraphs 5 and 6 is provided;
(c) may lay down modalities with respect to the requirements and process of registration 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;
(e) shall receive and monitor the reporting referred to in paragraph 7.
9. The producer, or, where applicable, the producer’s appointed 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 if the producer has ceased to exist.
10. 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 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.
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.
2. A producer shall appoint, by written mandate, an appointed 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.
3. Providers of online platforms, falling within the scope of Section 4 of Chapter 3 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:
(a) information on the registration of the producers referred to in Article 39 in the 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 article are complied with in the Member State where the consumer is located.
1. Producers may entrust a producer responsibility organisation authorised in accordance 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, 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 representatives.
4. 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.
1. A producer, in the case of individual fulfilment of extended producer responsibility obligations, or the appointed producer responsibility organisations in the case of collective fulfilment of extended producer responsibility obligations, shall apply for an authorisation from the competent authority.
2. 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 from the submission of a complete application dossier. This verification shall be done by 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.
3. The measures to be established by Member States in accordance with paragraph 2 shall include measures ensuring that:
(a) the requirements laid down in of Article 8a(3), points (a) to (d), of Directive 2008/98/EC are complied with;
(b) the measures put in place 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, free of charge, 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;
(c) the necessary arrangements, including preliminary arrangements, to that end are in place with distributors, public authorities or third parties carrying out waste management on their behalf;
(d) the necessary sorting and recycling capacity is available to ensure that packaging waste collected is subsequently subject to preliminary treatment and recycling;
(e) the requirement laid down in paragraph 6 is complied with;
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.
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 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.
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 prodcuer in the producer responsibility organisation. Member States may specify additional requirements on this guarantee.
1. 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 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.
2. Member States may allow derogations from paragraph 1 provided that collecting 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.
3. The systems referred to in paragraph 1 shall:
(a) be open to the participation of the economic operators of the sectors concerned, 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;
(c) be open to imported products under non-discriminatory conditions with regard to 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.
4. Member States shall take measures to promote recycling of packaging waste which meets the quality standards for the use of recycled materials in the relevant sectors.
5. By way of derogation from the separate waste collection obligation in paragraph 3, certain 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:
(a) single use plastic beverage bottles with the capacity of up to three litres; and
(b) single use metal beverage containers with a capacity of up to three litres.
2. The obligation laid down in paragraph 1 does not apply to packaging for:
(a) wine, aromatised wine products, and spirit drinks;
(b) milk and milk products listed in Part XVI of Annex I to Regulation (EU) No 1308/2013.
3. Without prejudice to paragraph 1 of this Article, a Member State will be exempted from the obligation under paragraph 1 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 90 % by weight of such packaging placed on the market on the territory of that Member State in the calendar years 2026 and 2027. Where such reporting has not yet been submitted to the Commission, the Member State shall provide a reasoned justification, based on validated national data, and description of the implemented measures, that the conditions for the exemption set out in this paragraph are fulfilled;
(b) at the latest 24 months before the deadline laid down in paragraph 1 of this Article, the Member State notifies the Commission of its request for exemption and submits an implementation plan showing a strategy with concrete actions, including timeline that ensure the achievement of the 90 % separate collection rate by weight of the packaging referred to in paragraph 1.
4. Within three months of receipt of the implementation plan submitted pursuant to paragraph 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 (c) 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, 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.
8. Member States shall ensure that return points and opportunities for reusable packaging with a similar purpose and format to those established under paragraph 1 are not less convenient for end users than opportunities to return single-use packaging to a deposit and return system.
9. By 1 January 2028, Member States shall ensure that all deposit and return systems, including those established under paragraph 5, meet the minimum criteria listed in Annex X.
1. 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.
2. The measures referred to in paragraph 1 may include:
(a) the use of deposit and return systems compliant with minimum requirements in 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 to inform consumers about the cost of such packaging at the point of sale,
(c) requirements on final distributors to make available in reusable packaging within 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.
1. Member States shall take the necessary measures to attain the following recycling targets covering the whole of their territory:
(a) by 31 December 2025, a minimum of 65 % by weight of all packaging waste generated;
(b) by 31 December 2025, the following minimum percentages by weight of the following specific materials contained in packaging waste generated:
(i) 50 % of plastic;
(ii) 25 % of wood;
(iii) 70 % of ferrous metals;
(iv) 50 % of aluminium;
(v) 70 % of glass;
(vi) 75 % of paper and cardboard;
(c) by 31 December 2030, a minimum of 70 % by weight of all packaging waste generated;
(d) by 31 December 2030, the following minimum percentages by weight of the following specific materials contained in packaging waste generated:
(i) 55 % of plastic;
(ii) 30 % of wood;
(iii) 80 % of ferrous metals;
(iv) 60 % of aluminium;
(v) 75 % of glass;
(vi) 85 % of paper and cardboard.
2. Without prejudice to paragraph 1, point (a), a Member State may postpone the deadlines set out in paragraph 1, points (b)(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,
(b) as a result of the derogation from the targets in the period of postponement, the recycling rate for a single target is not reduced below 30 %,
(c) as a result of the derogation from the targets in the period of postponement, the recycling rate for a single target referred to in paragraph 1, points (b)(v) or (vi) of paragraph 1 is not reduced below 60 %, and
(d) at the latest 24 months before the respective deadline laid down in paragraph 1, point (b) , 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.
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.
4. 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, 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.
5. Member States shall, where appropriate, encourage the use of materials obtained from recycled packaging waste for the manufacturing of packaging and other products by:
(a) improving market conditions for such materials;
(b) reviewing existing rules preventing the use of such materials.
6. 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.
1. The calculation whether the targets laid down in Article 46(1) have been attained shall be 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.
3. Member States shall calculate the weight of packaging waste recycled in a given calendar 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.
4. 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.
6. For the purposes of paragraph 3, the weight of packaging waste recycled shall be measured when the waste enters the recycling operation.
By way of derogation from the first sub-paragraph of this Article, 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;
(b) the weight of materials or substances that are removed by further operations 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 7 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.
8. 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.
10. Member States may 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) 2019/1004.
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.
12. Packaging waste exported from the Union shall be counted as recycled by the Member 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.
1. A Member State may decide to attain an adjusted level of the targets referred to Article 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:
(a) from the targets laid down in Article 46(1), points (a) and (c), the share of the 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.
2. A Member State may take into account the amounts of wooden packaging that is repaired 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).
1. In addition to the information referred to in Article 8a(2) of Directive 2008/98/EC and in Article 11 of this Regulation, producers or, where appointed in accordance with Article 41(1), producer responsibility organisations 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:
(a) the role of end-users in contributing to waste prevention, including any best practices;
(b) re-use arrangements available for packaging;
(c) the role of end-users in contributing to the separate collection of packaging waste materials, including handling of packaging containing hazardous products or waste;
(d) the meaning of the labels and symbols affixed, marked or printed on packaging in accordance with Article 11 or present in the documents accompanying the packaged product;
(e) the impact on the environment and on human health or safety of persons of 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;
(f) the composting properties and appropriate waste management options for compostable packaging.
2. The information referred to in paragraph 1 shall be up to date and provided by means of:
(a) a website or other means of electronic communication;
(b) public information;
(c) education programmes and campaigns;
(d) signposting in a language, or languages, which can be easily understood by users and consumers.
3. Where information is provided publicly, the confidentiality of commercially sensitive information in conformity with the relevant Union and national law shall be preserved.
1. Member States shall report to the Commission for each calendar year the following data:
(a) data on the implementation of Article 46(1), points (a) to (d), and on reusable 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;
(c) the separate collection rate of packaging covered by the obligation to establish 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.
2. Member States shall report for each packaging material and type as listed in Table 1 of Annex IX for each calendar year data on:
(a) the amounts of packaging placed on the market for each packaging type and material as listed in Table 1 of Annex IX;
(b) amounts of separately collected packaging waste for each packaging material as listed in Table 1 in the Annex IX;
(c) the recycling rates;
(d) installed capacities for sorting and recycling for each packaging type and material as listed in Table 1 of Annex II.
3. The first reporting period shall concern:
(a) with respect to obligations laid down in paragraph 1, points a and b, and paragraph 2, the first 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;
(b) with respect to obligation laid down in paragraph 1, point c, the calendar year starting from 1 January 2028.
4. 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.
5. The data made available by Member States in accordance with this Article shall be 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(5) and (8), including detailed information about the average loss rates where applicable.
7. The Commission shall, by [OP: Please insert the date = 24 months after the date of entry into force of this Regulation], adopt implementing acts establishing:
(a) rules for the calculation, verification and reporting of data in accordance with 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;
Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 59(3).
8. Member States shall require that 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 facing small and medium-sized enterprises with regard to the provision of detailed data.
1. 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.
2. The databases referred to in paragraph 1 shall include the following:
(a) information on the magnitude, characteristics and evolution of the packaging and packaging waste flows at the level of individual Member States;
(b) information on the toxicity or danger of packaging materials and components used for their manufacture;
(c) the data listed in Annex XII.
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 relvant 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.
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. 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.
4. The economic operator shall ensure that all appropriate corrective measures is taken in 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 paragraph1, 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.
6. The information to the Commission and the other Member States referred to in paragraph 4 shall be communicated through the information and communication system referred to in 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 54(1). The market surveillance authorities shall also indicate whether the non-compliance is due to either of the following:
(a) failure of the packaging to meet the sustainability requirements set out in Articles 5 to 10 of this Regulation;
(b) shortcomings in the harmonised standards or common specifications referred to in Articles 31 and 32 of this Regulation.
7. Member States other than the Member State initiating the procedure shall without delay 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.
9. Member States shall ensure that the packaging is withdrawn from their market or that other 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) and (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.
3. Where the national measure is considered justified and the non-compliance of the packaging is attributed to shortcomings in the harmonised standards referred to in Article 31 of this Regulation, the Commission shall apply the procedure provided for in Article 11 of Regulation (EU) No 1025/2012.
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.
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.
4. The Member State shall immediately inform the Commission and the other Member States 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 decide 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 58(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.
1. Market surveillance authorities shall communicate without delay to the authorities designated pursuant to Article 25(1) of Regulation (EU) 2019/1020 the measures referred to in Article 52(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.
2. The communication of information referred to in paragraph 1 shall take place through 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(5) to the environment referred to in paragraph 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 5.
4. The Commission is empowered to adopt implementing acts specifying the procedural rules and the details of the implementation arrangements for paragraph 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 4. Those implementing acts shall be adopted in accordance with the examination procedure pursuant to Article 59(3).
1. Where a Member State makes one of the following findings, it shall require the relevant economic operator to put an end to the non-compliance concerned:
(a) the EU declaration of conformity has not been drawn up
(b) the EU declaration of conformity has not been drawn up correctly;
(c) the QR code or data carrier referred to in Article 11 do not provide access to the required information in accordance with that Article;
(d) the technical documentation referred to in Annex VII is not available, is not complete or contains errors;
(e) the information referred to in Article 13(6) or Article 16(3) is absent, false or incomplete;
(f) any other administrative requirement set out in Article 13 or Article 16 is not fulfilled;
(g) the requirements on restrictions on uses of certain packaging formats and on 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 participation in a system for re-use referred to in Article 24 are not fulfilled;
(i) in relation to refill, the information requirements set out in Article 25(1) and (2) are not fulfilled;
(j) the requirements on the refill stations set out in Article 25(3) are not fulfilled;
(k) the re-use and refill targets in Article 26 are not achieved.
2. Where the non-compliance referred to in paragraph 1, points (a) to (f), persists, the Member State concerned shall take all appropriate measures to prohibit the packaging being made available on the market or ensure that it is recalled or withdrawn from the market.
3. 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 for packaging or packaged products or for services using packaging or packaged products in situations covered by those Directives, apply the green public procurement criteria to be developed in delegated acts adopted pursuant to paragraph 3.
2. The obligation set out in paragraph 1 shall apply to any procedure 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 12 months or later after the entry into force of the respective delegated act to be adopted pursuant to paragraph 3.
3. The Commission shall, by [OP: please insert the date = 60 months after the date of entry into force of this Regulation], adopt delegated acts in accordance with Article 58 supplementing this Regulation by establishing minimum mandatory green public procurement criteria based on the requirements set out in Article 5 to 10 and on the following elements:
(a) the value and volume of public contracts awarded for packaging or packaged products or for the services or works using packaging or packaged products;
(b) the need to ensure sufficient demand for more environmentally sustainable packaging or packaged products;
(c) the economic feasibility for contracting authorities or contracting entities to buy more environmentally sustainable packaging or packaged products, without entailing disproportionate costs.
Those green public procurement criteria shall be developed in accordance with the principles contained in Directive 2014/24/EU and in Directive 2014/25/EU 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.
1. The power to adopt delegated acts is conferred on the Commission subject to the 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), Article 26(16) and Article 57(3) shall be conferred on the Commission for a period of ten 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), 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.
4. 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.
5. As soon as it adopts a delegated act, the Commission shall notify it simultaneously to the 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), 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.
2. Where reference is made to this paragraph, Article 4 of Regulation (EU) No 182/2011 shall apply.
3. 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.
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.
(a) Annex I is amended as follows:
(i) point 9 is deleted;
(ii) the following points are added:
'X [OP Please insert the next consecutive number] Directive (EU) 2019/904 of the European Parelimant 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].
(b) in Annex II, point 8 is deleted.
(a) in Article 6(5), point (b), is deleted;
(b) in Article 13(1), point (e), is deleted;
(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.'
1. By [OP: Please insert the date = 24 months after the date of entry into force of this Regulation], Member States shall lay down the rules on 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.
2. Where the legal system of the Member State does not provide for administrative fines, the first 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 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 months after 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 after the date of entry into force of this Regulation];
(b) Article 5(2) and (3), Article 6(1), points (d) and (e), and Article 6a of Directive 94/62/EC shall continue to apply until [OP: Please insert the date = the last day of the calendar year following 36 months after the data 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 calendar year following 36 months after the date entry into force 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 after the date entry into force of this 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.
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 months after the date of entry into force of this Regulation].
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels,
For the European Parliament The President |
For the Council The President |
Brussels,
30.11.2022
COM(2022)
677 final
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
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
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)
Soluble
bags for detergents
Grave
side lights (containers for candles)
Mechanical
quern (integrated in a refillable recipient, e.g. refillable pepper mill)
Paper
or plastic carrier bags
Disposable
plates and cups
Cling
film
Sandwich
bags
Aluminium
foil
Plastic
foil for cleaned clothes in laundries
Stirrer
Disposable
cutlery
Wrapping
paper (sold separately to consumers and business operators)
Paper
baking cases (sold empty)
Cake
doilies sold without a cake
Labels
hung directly on or attached to a product including sticky labels attached to
fruits and vegetables
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)
Radio
frequency identification (RFID) tags
Category
No |
Predominant
packaging material |
Packaging
type |
Format
(illustrative) |
Colour |
1 |
Glass |
Glass |
Bottles,
jars, flacons, cosmetics pots, tubs etc. made of glass (soda lime silica) |
|
2 |
Glass |
Composite
packaging, of which the majority is glass |
Bottles,
jars, flacons, cosmetics pots, tubs |
|
3 |
Paper/cardboard |
Paper/cardboard
packaging |
Boxes,
trays, grouped packaging |
|
4 |
Paper/cardboard |
Composite
packaging of which the majority is paper/cardboard |
Including
beverage cartons, plates and cups, i.e., metallised or plastic laminated
paper/ card, liquid paperboard, paper/cardboard with plastic liners/ windows |
|
5 |
Metal |
Steel |
Rigid
packaging formats (aerosols, cans, paint tins, boxes, etc.) made of steel,
including tinplate |
|
6 |
Metal |
Composite
packaging, of which the majority is steel |
Drums,
tubes, cans, boxes, trays, etc. |
|
7 |
Metal |
Aluminium |
Rigid
formats (food and beverage cans, bottles, aerosols) |
|
8 |
Metal |
Aluminium |
Semi
rigid or flexible formats (containers and trays, tubes, foil) |
|
9 |
Metal |
Composite
packaging of which the majority is Aluminium |
Drums,
tubes, cans, boxes, trays, etc. |
|
10 |
Plastic |
PET -
rigid |
Bottles
and flasks |
Transparent
clear/ light blue |
11 |
Plastic |
PET -
rigid |
Bottles
and Flasks |
Transparent
other colours |
12 |
Plastic |
PET -
rigid |
Rigid
packaging other than bottles and flasks (Includes pots, tubs and trays) |
Transparent |
13 |
Plastic |
PET -
flexible |
Films |
|
14 |
Plastic |
HDPE -
rigid |
Containers
and Tubes |
natural
/clear |
15 |
Plastic |
HDPE -
rigid |
Containers
and Tubes |
coloured |
16 |
Plastic |
PE -
flexible |
Films |
natural
/clear |
17 |
Plastic |
PE -
flexible |
Films |
coloured |
18 |
Plastic |
PP -
rigid |
Containers
and Tubes |
natural
/clear |
19 |
Plastic |
PP -
rigid |
Containers
and Tubes |
coloured |
20 |
Plastic |
PP -
flexible |
Films |
natural
/clear |
21 |
Plastic |
PP -
flexible |
Films |
coloured |
22 |
Plastic |
HDPE and
PP - rigid |
crates
and pallets |
|
23 |
Plastic |
PS -
rigid |
Rigid
packaging (except EPS and XPS) |
|
24 |
Plastic |
EPS -
rigid |
Fish
boxes/ white goods |
|
25 |
Plastic |
XPS -
rigid |
|
|
26 |
Plastic |
Other
rigid plastics including. PVC, PC - rigid |
Rigid |
|
27 |
Plastic |
Other
flexible plastics including multilayer plastic films and multi material
materials - flexible |
Pouches |
|
28 |
Wood,
cork |
Wooden
packaging, including cork |
Pallets,
boxes |
|
29 |
Textile |
Natural
and synthetic textile fibres |
Bags |
|
30 |
Ceramics
or porcelain stoneware |
Clay,
stone |
Pots,
containers, bottles |
|
Recyclability
Performance Grade |
Assessment
of recyclability per unit, in weight |
Grade
A |
higher
or equal to 95 % |
Grade
B |
higher
or equal to 90 % |
Grade
C |
higher
or equal to 80 % |
Grade
D |
higher
or equal to 70 % |
Grade
E |
lower
than 70 % |
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
biodegradable nature allowing the packaging to undergo physical, chemical,
thermal or biological decomposition, including
anaerobic digestion, resulting ultimately in
conversion into carbon dioxide or methane, in the absence of oxygen, mineral salts, biomass and water,
(d) its use
significantly increases the collection of organic waste compared to the use of
non-compostable packaging materials;
(e) its use
significantly reduces the contamination of compost with non-compostable packaging; and
(f) its
use does not increase the contamination of non-compostable packaging waste
streams.
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, 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.
3. Logistics:
The packaging design shall ensure adequate
and safe distribution, transport, handling and
warehousing of the packaged product.
4. Information
requirements: The packaging design shall
ensure that any necessary information
regarding the packaged product itself, its use, storage and care, including
safety instructions can be provided to users and
consumers.
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.
6. Legal
requirements: the packaging design shall
ensure that the packaging and packaged product
can comply with the applicable legislation.
7. Recycled
content, recyclability and re-use: The
packaging design shall ensure 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.
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:
(a) for each
performance criterion as listed in Part I, a list of design requirements which
prevent 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;
(b)
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;
(c)
any test results, market research or studies that have been used for the
assessment conducted under points (a) and (b).
|
Packaging
format |
Restricted
use |
Illustrative
example |
1. |
Single-use
plastic grouped packaging |
Plastic
packaging used at retail level to group goods
sold in cans, tins, pots, tubs, and packets
designed as convenience packaging to enable
or encourage end users to purchase more than
one product. This excludes grouped packaging
necessary to facilitate handling in
distribution. |
Collation
films, shrink wrap |
2. |
Single
use plastic packaging,
single use composite
packaging or other
single use packaging for fresh fruit and vegetables |
Single
use packaging for less than 1.5 kg fresh
fruit and vegetables, unless there is a demonstrated
need to avoid water loss or turgidity loss,
microbiological hazards or physical shocks. |
Nets,
bags, trays, containers |
3. |
Single
use plastic, single use composite packaging
or other single use packaging |
Single
use packaging for foods and beverages filled
and consumed within the premises in the HORECA
sector, which include all eating area inside
and outside a place of business, covered
with tables and stools, standing areas, and
eating areas offered to the end users
jointly by several economic operators or
third party for the purpose of food and drinks
consumption |
Trays,
disposable plates
and cups, bags, foil, boxes |
4. |
Single
use packaging for condiments, preserves,
sauces, coffee creamer,
sugar, and seasoning in HORECA sector |
Single
use packaging in the HORECA sector, containing
individual portions or servings, used for
condiments, preserves, sauces, coffee
creamer, sugar and seasoning, except such
packaging provided together with take- away
ready-prepared food intended for immediate
consumption without the need of any further
preparation |
Sachets,
tubs, trays, boxes |
5. |
Single
use hotel miniature packaging |
For
cosmetics, hygiene and toiletry products of
less than 50 ml for liquid products or less than
100 g for non-liquid products |
Shampoo
bottles, hand and
body lotion bottles, sachets around miniature
bar soap |
For
the purposes of this Annex, the following definitions shall apply:
(a) ‘closed
loop system' shall mean a system for re-use in which reusable 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;
(c) ‘system
operator' shall mean any natural or legal person being a system 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.
The
following requirements apply for all systems for re-use and shall be
simultaneously satisfied:
(e) The
system has a clearly defined governance structure;
(f) the
governance structure ensures that the re-use targets and any other objectives of the system can be met;
(g) the
governance structure allows for equal access and fair conditions of all economic operators wishing to become a part of the system;
(h) the
governance structure allows for equal access and fair conditions for all end-
users;
(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;
(ii) description
of products intended to be used, filled or transported through the system;
(iii) terms and conditions for proper handling and packaging use;
(iv) detailed
requirements for packaging reconditioning;requirements for packaging
collection;
(v) requirements
for packaging storage;
(vi) requirements
for packaging filling or uploading;
(viii) rules to ensure the effective and efficient
collection of reusable packaging, including
incentives on end users to return the packaging to the collection points or grouped collection system;
(ix) rules to ensure equal and fair access to the reuse
system including vulnerable end-users;
(j) the
system operator of the system controls the proper functioning of the system
and verifies whether the re-use is properly enabled;
(k) the
system has reporting rules, allowing to access data on number of fillings or
re-uses, and rejects, collection rate, units of sales
or equivalent units;
(l) design
of the packaging is laid down in accordance with mutually agreed specifications or standards;
(m) the
system ensures a fair distribution of costs and benefits for all system participants.
In
addition to the general requirements under point 1, the following requirements
shall be simultaneously satisfied:
(a) The
system has reverse logistics facilitating transfer of the packaging from the
users or the end users back to the system
participants;
(b) the
system ensures the collection, reconditioning and redistribution of packaging;
(c) system
participants are obliged to take the packaging back from the 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:
(a) After
packaging is used, the system participant decides whether to re-use the packaging or to pass it to another system participant for
re-use;
(b) the
system ensures that the collection, reconditioning and redistribution of
packaging are in place and are generally available;
(c) reconditioning
meeting the requirements under Part B of this Annex is part of the system.
1. The
reconditioning process shall not create risks to the health and safety of those
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.
2. Reconditioning
shall cover the following operations adapted to the reusable packaging format and its intended use:
(a) assessment
of condition of packaging;
(b) removal
of damaged or non-reusable components;
(c) conveyance
of removed components to an appropriate recovery process;
(d) cleaning
and washing according to required hygiene conditions;
(e) reparation
of packaging;
(f) inspection
and assessment of fitness-for-purpose.
3. Where
necessary, cleaning and washing processes should be applied at different
stages of the reconditioning and repeated.
4. The
reconditioned product shall meet health and safety requirements applicable to
it.
As
regard refill stations shall fulfil the following requirements:
(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;
(b) contain a
weighing device allowing the end user's container to be weighed;
(c) the price
paid by end users should not include the weight of the refill container;
the
final distributor to ensure compliance with applicable hygiene standards.
1. Internal
production control is the conformity assessment procedure whereby the manufacturer fulfils the obligations laid down in points 2,
3 and 45, and ensures and declares on his sole
responsibility that the packaging concerned satisfies the requirements of Articles 5 to 10 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).
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:
(a) a
general description of the packaging and of its intended use,
(b) conceptual
design and manufacturing drawings and schemes of components, sub-assemblies, circuits, etc.
(c) descriptions
and explanations necessary for the understanding of those drawings and schemes and the operation of the packaging,
(d) a
list of:
(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,
(iv) 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,
(f) test
reports.
3. Manufacturing
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.
4.
Declaration of conformityThe 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 10 years after the packaging has been
placed on the market. The declaration of
conformity 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.
5. Authorised
representative
The manufacturer's obligations set
out in point 4 may be fulfilled by his authorised representative, on his behalf and under his responsibility,
provided that they are specified in the
mandate.
1. No....
(unique identification of the packaging):
2. Name and
address of the manufacturer and, where applicable, its authorised representative.
3. This
declaration of conformity is issued under the sole responsibility of the
manufacturer.
4. Object of
the declaration (identification of the packaging allowing traceability):
description of the packaging.
5. The object
of the declaration described in point 4 is in conformity with the relevant
Union 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.
7. The
notified body ... (name, address, number) ... performed ... (description of
intervention) ... and issued the certificate(s): ...
(details, including its date, and, where
appropriate, information on the duration and conditions of its validity).
8. Additional
information
Signed for and on behalf of:
(place and date of issue):
(name, function) (signature)
*
(identification number of the declaration)
1. The
information to be submitted by the producer or its authorised representative
for EPR shall include:
(a) name
and brand names (if available) under which the producer operates 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;
(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;
(c) quantities
by weight of types of packaging as set out in Table 1 of Annex II, that the producer makes available in the Member State for
the first time;
(d) a
declaration on how the producer meets its responsibilities under Article 40.
2. Where a
producer responsibility organisation is entrusted to carry out the EPR obligations, the information to be provided shall include
the name and contact details, including postal
code and place, street and number, country, telephone, web address and e-mail 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 producer responsibility organisation shall, in addition to the
information required under point 1 of Part A
of this Annex, provide:
(a) the
names and contact details, including postal codes and places, streets and
numbers, countries, telephones, web addresses and
e-mail addresses of the producers represented;
(b) the
mandate of each represented producer, where applicable;
(c) where
the producer responsibility organisation represents more than one
producer, it shall indicate separately how each one
of the represented producers meets the
responsibilities set out in Article 40.
(a) national
identification code of the producer;
(b) reporting
period;
(c) quantities
by weight of packaging types as set out in Table 1 in Annex II that the producer makes available in the Member State for the
first time;
(d) quantities,
by weight, per material of packaging waste separately collected within the Member State as set out in Table 1 in Annex II;
(e) quantities,
by weight, per material and type 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;
(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 packaging waste
placed on the market.
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;
(b) the
governance of the system allows for equal access and fair 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;
(d) a
minimum deposit level is established, which is sufficient to achieve the
required collection rates;
(e) minimum
requirements on the financial capacity of the system operator are established allowing the system operator to perform its
functions;
(f) system
operator is a non-profit and independent legal entity;
(g) system
operator performs exclusively roles arising from the rules of this Regulation, and any additional roles related to the
coordination and operation of the deposit and
return system as established by the Member States;
(h) system
operator coordinates the functioning of the deposit and return system;
(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;
(j) at
least 1% of the annual turnover of the system operator (excluding deposits)
are used for public awareness campaigns on the
information on management of packaging waste;
(k) system
operators must provide any information requested by the competent authorities of a Member State, in which the system
operates, for the purposes of monitoring
compliance with the requirements in this Annex;Member States ensure that final
distributors are obligated to accept the deposit bearing packaging and provide end users with redeemed deposits. 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 local conditions;
(ii) buying
and selling habits and traditions;
(iii) food safety;
(iv) health
and safety;
(v) public
health;
(l) deposit
is exempted from sales taxes;
(m) end
user is able to return the deposit bearing packaging without the need to
purchase any goods; deposit shall be redeemed to the
consumer;
(n) all
deposit bearing packaging is clearly labelled, so that the end users can
easily identify the need to return such packaging;
(o) fees
are transparent;
(p) all
packaging covered by the deposit and return system.
In
addition to the minimum requirements, Member States may set additional
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.
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.
The implementation plan to be submitted pursuant to Article
46(2), point (d), shall contain the following:
(a) assessment
of the past, current and projected rates of recycling, landfilling and other
treatment of packaging waste and the streams of which
it is composed;
(b) assessment
of the implementation of waste management plans and waste prevention programmes in place pursuant to Articles 28 and 29 of
Directive 2008/98/EC;
(c) reasons
for which the Member State considers that it might not be able to attain the
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;
(e) a
timetable for the implementation of the measures identified in point 4, determination 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;
(f) information
on funding for waste management in line with the polluter-pays principle;
(g)
measures to improve data quality, as appropriate, with a view to better
planning and monitoring performance in waste
management.
(IN ACCORDANCE WITH TABLES 1 TO
4)
1. For sales,
grouped and transport packaging:
(a) quantities,
for each packaging categories of packaging generated within the Member State (produced + imported + stored - exported)
(Table 1);
(b) quantities
reused (Table 2).
2. For sales,
grouped and transport packaging waste:
(a) Quantities
for separately collected packaging waste per material (Table 3)
(b) Quantities
recovered and disposed of, recycled and quantities recovered for each packaging type (Table 4).
(c) 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)
(d) Separate
collection rate of the packaging formats covered by the deposit return systems, as laid down in Article 44(1) (Table 6)
TABLE
1 Quantity of packaging (sales, grouped
and transport) generated within the national territory
|
Tonnage
produced |
-
Tonnage exported |
+
Tonnage imported |
+ Tonnage stored |
=
Total |
Glass |
|
|
|
|
|
Plastic |
|
|
|
|
|
Paper/cardboard
(including composite) |
|
|
|
|
|
Ferrous
metal |
|
|
|
|
|
Aluminium |
|
|
|
|
|
Wood |
|
|
|
|
|
Other |
|
|
|
|
|
Total |
|
|
|
|
|
|
Tonnage
of packaging placed
on the market for the first time |
Reusable
packaging |
Reusable
sales packaging |
||
tonnage |
Percentage |
Tonnage |
Percentage |
||
Glass |
|
|
|
|
|
Plastic |
|
|
|
|
|
Paper/cardboard (including
composite packaging) |
|
|
|
|
|
Ferrous
metal (including tinplate and composite
packaging) |
|
|
|
|
|
Aluminium |
|
|
|
|
|
Wood |
|
|
|
|
|
Other |
|
|
|
|
|
Total |
|
|
|
|
|
TABLE
3 Quantity of separately collected
packaging waste per material (sales, grouped an transport)
generated within the national territory
Packaging
material |
Waste
generation (t) |
From
separate collection (t) |
Glass |
|
|
Plastic
(rigid and flexible) |
|
|
Paper/cardboard
(including composite) |
|
|
Metals
(Ferrous metal and aluminium) |
|
|
Wood |
|
|
Other |
|
|
Total |
|
|
Packaging |
Total
tonnage recovered
and disposed of |
Quantity
recycled |
Quantity
recovered |
|||
Tonnage |
Percentage |
Tonnage |
Percentage |
|||
Glass, including composite |
|
|
|
|
|
|
Plastic,
PET |
Rigid |
|
|
|
|
|
Plastic,
PP |
|
|
|
|
|
|
Plastic, HDPE and PP |
|
|
|
|
|
|
Plastic,
PS |
|
|
|
|
|
|
Plastic, HDPE |
|
|
|
|
|
|
Plastic,
PVC |
|
|
|
|
|
|
Plastic,
PC |
|
|
|
|
|
|
Plastic,
EPS |
|
|
|
|
|
|
Plastic,
XPS |
|
|
|
|
|
|
Plastic,
PET |
Flexible |
|
|
|
|
|
Plastic,
PP |
|
|
|
|
|
|
Plastic,
PE |
|
|
|
|
|
|
Packaging |
Total
tonnage recovered
and disposed of |
Quantity
recycled |
Quantity
recovered |
|||
Tonnage |
Percentage |
Tonnage |
Percentage |
|||
Plastic,
multilayer |
|
|
|
|
|
|
Paper/cardboard
(non- composite) |
|
|
|
|
|
|
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 |
|
|
|
|
|
|
Wood |
|
|
|
|
|
|
Textile |
|
|
|
|
|
|
Ceramic, porcelain or stoneware |
|
|
|
|
|
|
Other |
|
|
|
|
|
|
Total
packaging waste |
|
|
|
|
|
|
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 |
|
|
|
Tonnes of
packaging placed on the market for the first time within the national
territory (t) |
Separately
collected within the national territory by the deposit and return scheme (t) |
Single
use plastic beverage bottles with the capacity of up to 3 litres |
|
|
Single
use metal beverage containers with a
capacity of up to 3 litres |
|
|
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 Article
3 |
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(a1), second subparagraph |
Article
29(2), second sentence |
Article
4(a1), 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 (b) |
Article
29(4) |
Article
4(1a), fifth subparagraph |
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 (b) |
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) |
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) |
Article
6a(7) |
Article
47(11) |
Article
6a(8) |
Article
47(12) |
Article
6a(9) |
Article
50(7), point (a) |
Article
6b |
Article
36 |
Article
7(1) |
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 |
Article
8(2) |
Article
11(1) |
Article
8(3) |
Article
11(4) |
Article
8a |
Article
11(1) and (5) |
Article
9(1) |
Articles
5-10 |
Article
9(2)(a) |
Article
31 |
Article
9(2)(b) |
— |
Article
9(3) |
— |
Article
9(4) |
— |
Article
9(5) |
— |
Article
10 |
Article
31(2) |
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) |
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
12(3d) |
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
14 |
Article
37 |
Article
15 |
Article
29, Article 38, Article 45 |
Article
16(1) |
— |
Article
16(2) |
— |
Article
18 |
Article 4 |
Article
19(1) |
— |
Article
19(2) |
— |
Article
20 |
— |
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) |
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 (a) |
— |
Article
22(3a), second subparagraph, point (b) |
--- |
Article
22(3a), second subparagraph, point (c) |
--- |
Article
22(3a), second subparagraph, point (d) |
--- |
Article
22(3a), second subparagraph, point (e) |
--- |
Article
22(3a), second subparagraph, point (f) |
— |
Article
22(4) |
— |
Article
22(5) |
— |
Article
23 |
— |
Article
24 |
— |
Article
25 |
— |
Annex I |
Annex I |
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 III |
Annex XII |
Annex IV |
Annex XI |
Packaging
is necessary to protect and to transport goods. The manufacturing of packaging
is also a major economic activity in the EU.
However, regulatory approaches differ from one Member
State to another, which creates obstacles that prevent the internal market for
packaging from fully functioning. Recently observed
differences relate, for example, to labelling
requirements for packaging, approaches to defining recyclable or reusable
packaging, approaches to modulating extended producer
responsibility (EPR) fees and marketing
restrictions for certain packaging formats. Such discrepancies create legal
uncertainty for businesses, leading to lower
investment in innovative and environment- friendly
packaging and new circular business models.
Packaging
is also a key environmental concern. It is one of the main users of virgin
materials (40 % of plastics and 50 % of paper
used in the EU is destined for packaging) and accounts for 36 % of municipal solid waste. The increased use of
packaging coupled with low re-use and recycling
rates hamper the development of a low-carbon circular economy. Packaging
increased in recent years faster than the gross
national income, which leads to soaring CO2- and other emissions, and the overexploitation of natural
resources, biodiversity loss and pollution.
Data from Eurostat and market data reports show increased use of packaging design characteristics that may inhibit recycling.
Packaging is ’unrecyclable’ when it cannot be
separately collected or it poses challenges for state of the art sorting and
recycling processes in place in the EU. From
2012 till 2020, the share of unrecyclable packaging has grown significantly. Furthermore, technically recyclable
packaging is often not recycled because the
processes needed for its collection, sorting and recycling are not available in
practice or not cost-efficient, or the output is not
of sufficient quality to meet the demand in end
markets of secondary raw materials. Moreover, preliminary results of the
Commission’s second Early Warning Report show
that many Member States are struggling to meet the recycling targets established in Article 6 of Directive
94/62/EC.
The
industrial strategy for Europe underlines the importance
of the internal market for the EU’s
competitiveness and prosperity. Barriers that prevent operators and the broader
public from benefiting fully from the internal
market include restrictive and complex national rules, limited administrative capacities, imperfect transposition
of EU rules and their inadequate enforcement.
The
Council conclusions of December 2020 welcomed the
intention of the Commission to ensure that all
packaging is reusable or recyclable in an economically feasible way by 2030
and to reduce packaging, over-packaging and therefore
packaging waste. The Parliament’s resolution
of 10 February 2021 on the new circular economy action plan
reiterated this objective and called on the
Commission to present a legislative proposal that includes waste reduction measures and targets, ambitious requirements to
reduce excessive packaging - and measures to
improve recyclability and minimise the complexity of packaging, increase
recycled content, phase out hazardous and harmful
substances, and promote re-use without compromising
food safety and hygiene standards.
Finally,
the Conference on the Future of Europe demonstrated that people and civil
society organisations across the EU are
calling for strong action on waste prevention, packaging waste management and packaging circularity through the
increased use of recycled materials.
A
circular economy of packaging will help decouple economic development from the
use of natural resources, contribute to
achieving climate neutrality by 2050 and halting biodiversity loss, and reduce the EU economy's strategic dependency on
many materials. In addition, it can have a
positive impact on employment, including and specifically in social economy, by
creating more "green" quality jobs provided
the necessary investment in skills is put in place
and considers the specificities in the Member States,
regions, and types of work.
While
the amendment to Directive 94/62/EC in 2018 did not address all of the
weaknesses in its implementation, it included
three review clauses that are being implemented by this initiative.
This initiative updates the EU legislative framework for packaging and packaging waste by giving Member States and businesses adequate support to achieve waste reduction targets. This support takes the form of a harmonised regulatory framework that supports investment, reduces waste and promotes high-quality recycling, which will apply equally in all EU Member States.
The
proposed regulation updates the EU legislative framework for packaging and
packaging waste. As an integral part of the
European Green Deal and the new EU circular economy
action plan, it will contribute to the EU's growth
strategy for a modern, resource-efficient, clean
and competitive economy with no net emissions of greenhouse gases by 2050 and
with economic growth decoupled from resource
use.
The
proposal is fully in line with EU environmental and waste legislation, in
particular, Directive 2008/98/EC of the
European Parliament and of the Council of 19 November 2008 on waste, Directive (EU) 2019/904 of
the European Parliament and of the Council of 5 June 2019 on the reduction of
the impact of certain plastic products on the environment,
Council Decision (EU, Euratom) 2020/2053 of 14
December 2020 on the system of own resources of the
European Union and 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).
It also complements the Commission proposals for regulations of the European Parliament and of the Council on waste shipments, on a framework for setting eco-design requirements for sustainable products, and the Communication from the Commission on an EU policy framework on bio-based, biodegradable and compostable plastics.
The
initiative ensures non-discrimination between products produced in the EU and
imported products and is consistent with the
EU's international obligations in the area of trade policy.
The
proposal also aims to harmonise monitoring and reporting obligations, including
producer reporting obligations under EPR
schemes, in order to limit the administrative burden on Member States and economic operators in line with the EU's
better-regulation approach and the Fitness check on reporting and monitoring.
In
addition, in line with the EU's commitment to the UN 2030 Agenda for
Sustainable Development, including its 17 Sustainable
Development Goals (SDGs), this initiative will improve
the EU's implementation of SDG 12.5 by significantly reducing waste generation
by 2030 through prevention, reduction,
recycling and re-use.
As
regards the specific case of plastic packaging waste, the initiative also
complements the non-recycled plastic based own
resource according to Decision (EU, Euratom) 2020/2053 on the system of own resources of the European Union. This own
resource incentivises Member States to put in
place measures to reduce the quantity of non-recycled plastic packaging waste
in their territory.
The
legal basis for this proposal is Article 114 of the Treaty on the Functioning
of the European Union (TFEU).
In
line with the new approach to products announced in the European Green Deal and
the circular economy action plan, the proposal
covers the entire life cycle of packaging. It follows the approach of ‘traditional’ internal market legislation
by creating harmonised conditions for the
placing on the market of packaging. However, by taking account of the entire
life cycle of packaging, this internal market
approach is extended through to the end-of-life phase, thus creating a truly internal market for packaging, without
obstacles to free movement and with equal
production, marketing and waste treatment conditions throughout the EU.
Article
114 TFEU is the legal basis of the current Directive 94/62/EC on packaging and
packaging waste. This Article allows the EU to
harmonise rules and administrative measures across
Member States. This legal basis will allow a number of key internal market
issues that hamper the harmonised application
of packaging rules to be addressed, including: (i) sustainability requirements, (ii) harmonised criteria for
the eco-modulation of fees under the extended
producer responsibility schemes, (iii) harmonised labelling requirements; and
(iv) end-of-life requirements to complete this
life-cycle approach.
While leaving the detailed administrative requirements to the Member States, the proposal regulates those aspects where harmonisation will prevent market distortions and obstacles to free movement. One such aspect is extended producer responsibility, where harmonised rules - including on reporting - will remove the barriers for economic operators selling packaging in several Member States or across the EU caused by differing rules between Member States. Likewise, establishing a common framework for packaging collection, deposit and return schemes, and for re-use systems, is necessary both to achieve environmental targets and to create equal conditions for businesses active on the respective markets. This common framework will have a major impact on the recyclability of packaging and on the availability of secondary raw materials.
Environmental
concerns and problems related to packaging (i.e. barriers to the internal
market and the circular economy, growing amounts
of packaging waste and other negative) cannot be sufficiently addressed by Member States alone. With high levels of trade
between Member States, the EU packaging market
is, in many respects, one large market rather than 27 individual markets. While national initiatives address some
of these challenges, they also create further
fragmentation of the internal market.
Setting common requirements at EU level will have clear added value as it will ensure the proper functioning of the internal market and therefore a level playing field for economic operators (e.g. producers, suppliers, retailers). With requirements and targets set at EU level, the transition to sustainable packaging will be consistent across Member States, creating an efficient market.
The
proposed measures are intended to provide the regulatory certainty necessary to
encourage large-scale investment into sustainable
packaging solutions. They address the entire
packaging value chain, while ensuring a high level of environmental and human
health protection. The objective of this
initiative is to modernise and strengthen the existing legislative framework to allow for economies of scale
through common approaches, while giving
industry and Member States the necessary flexibility, where this is necessary
for innovation or because of local
circumstances.
For
some of the proposed policy options, a step-by-step approach in
strengthening the requirements is considered
to best uphold the principle of proportionality. The proposal therefore includes a gradual increase in ambition
and requirements, such as the sustainability requirement
on recycable packaging and the reconsideration of the need for exemptions from
concentration limits for substances of concern in
certain packaging materials.
Overall, the proposed measures do not go beyond what is necessary to ensure regulatory compliance while guaranteeing the protection of human health and the environment.
Despite
its concrete measures, the current legislation has failed to achieve its
environmental and internal market objectives.
Differing national approaches to transposition and unilateral packaging policy measures by certain Member States have led
to uneven national regulatory frameworks. This
trend is set to continue, given the challenges to packaging sustainability
outlined in the impact assessment report, in
particular the increasing amounts of packaging waste,
barriers to packaging circularity and low use of recycled content in plastic
packaging. Diverse national rules reduce the
effectiveness of the policy and put the effective establishment of a circular economy in jeopardy.
The
regulatory failures of the current Directive (e.g. poorly designed essential
requirements for packaging and difficulties
encountered by Member States in enforcing them) has made it clear that harmonisation is necessary, and that the
harmonised rules should take the form of a regulation,
rather than a revision of the current Directive. To further promote the move to
a low-carbon and circular economy and remove
barriers to the internal market, a new comprehensive
set of regulatory solutions is needed, including specific requirements for
businesses. The move to a regulation setting out
harmonised rules is strongly supported by all business
stakeholders.
A
regulation will ensure that all 27 Member States fulfil their obligations at
the same time and in the same way. The same
requirements for all market players will provide the necessary legal certainty, reduce distortion of competition, and send
clear signals to non-EU market actors
intending to place products on the EU market. It will also give the Commission
a mandate to develop implementing measures to
flesh out the regulation further, where necessary,
so that common rules can be set swiftly.
A
Fitness check conducted in 2014 identified weaknesses
in the essential requirements for packaging
and recommended making them ‘more concrete and easily enforceable’, noting
that strengthening essential requirements would be ‘a
key tool to achieve better environmental performance
of packaging’. However, the amendment of Directive 94/62/EC in 2018 did not
address those weaknesses directly, but rather
introduced three revision clauses: (1) to examine the feasibility of reinforcing the essential requirements
with a view to, inter alia, improving design
for re-use and promoting high quality recycling as well as strengthening their
enforcement; (2) to examine the feasibility of
setting quantitative targets on re-use of packaging
and any further measures to promote re-use of packaging; and (3), to evaluate
the effectiveness of the measures aiming to
reduce the consumption of lightweight plastic carrier bags and to examine other possible ways to achieve this
objective. The revision clauses also provided
the Commission with a mandate to present a legislative proposal on these
issues, if appropriate.
In
April 2020, the Commission published an evaluation study on the effectiveness
of the essential requirements for packaging
and packaging waste and proposals for reinforcement.
The main findings of the evaluation helped to define
the problem and to develop the initial set of
measures for the impact assessment. This study helped inform the Commission’s
Inception Impact Assessment published on 11
June 2020
This proposal includes measures that address the issues identified in the Fitness check and in the 2020 evaluation study, as well as other measures identified in the impact assessment and its extensive stakeholder consultation.
The
impact assessment accompanying Directive 94/62/EC on packaging and packaging
waste involved a thorough consultation of
stakeholders to ensure that views from a broad range of organisations were presented and considered. Over 800
organisations with more than 1,800 contact
points contributed to the consultation. Targeted and broader methods used to
consult stakeholders included: gathering
feedback on the inception impact assessment, a public questionnaire, a Member State questionnaire, online
workshops and webinars, and one-to-one interviews.
The
consultation on the inception impact assessment generated 110 responses and an
open public consultation
generated 425 responses. A targeted consultation was also carried out to
strengthen the evidence base, which involved
collecting more specialised feedback from specific
stakeholder groups during stakeholder workshops, among other events. Six
stakeholder webinars were held in June 2021 to
present and gather feedback on the interim results
of the study. More than 950 individuals (from 250 organisations) participated
in these webinars and almost 100 organisations
provided detailed feedback and position papers. An additional workshop was held on 30 May 2022 with 517
attendees, during which 50 stakeholders
intervened. In parallel, both the consultant supporting the Commission’s impact
assessment and the relevant Commission departments
carried out further targeted consultations
with Member State experts, stakeholders, NGOs and consumer associations.
Most
stakeholders considered that technological, economic and social developments
justified the creation of a new regulatory
framework for packaging. Most also agreed on the need for further harmonisation of existing rules and called for a
European framework covering the whole life
cycle of packaging and the entire value chain. Many stakeholders considered
that this framework should include stricter
common rules on the sustainability of packaging to ensure the functioning of the EU internal market and
underlined the need for a common approach to
defining packaging recyclability, in particular the ‘design for recycling’
criteria approach.
More
specifically, industry representatives stressed the need for: (i) a stable and
harmonised legal framework that ensures
security of investment; (ii) a level playing field that encourages the production of sustainable packaging; and (iii) the
efficient functioning of recycling markets to
improve the availability and the quality of secondary raw materials. Civil
society representatives called for the
effective implementation of the waste hierarchy in the packaging value chain with measures incentivising packaging waste
prevention and re-use.
Detailed conclusions of the stakeholder consultations can be found in Annex 2 of the Impact Assessment.
In
addition to the stakeholder consultation, several further key sources of
information were used for the impact
assessment.
To
further analyse the various options, external consultants were engaged by the
Commission under two support contracts. These studies developed ‘impact modelling methodology'
and ‘baseline methodology'. The former is used
to model the impacts of the proposed measures, i.e.
to model the change in mass flows, financial costs, environmental and social
(employment) impacts. The latter (the baseline
methodology) provides an overview of packaging
waste consumption, waste generation and management for the 27 EU Member States. It includes both historic trends based on existing
data and future projections until 2050. The
baseline is essentially a ‘no policy change' scenario, i.e. a modelling of
future trends where all relevant EU-level and
national policies and measures remain in force, complemented
by any future legislative proposal(s) by the Commission. Another supporting
study was carried out by the Commission's Joint
Research Centre (JRC) to analyse the impacts
of measures that combine symbols on waste receptacles with matching labels on
packaging (the latter was developed under the two
studies mentioned above).
The
consultant and its experts worked closely with the relevant Commission
departments during the various stages of the
study.
Additional
data and comments were gathered through targeted interviews with stakeholders
and in-depth consultations with the Member States.
Possible
measures on plastic carrier bags were first developed in the ‘Study on the
Implementation of the Plastic Bags Directive combined
with the Scoping Study to assess the feasibility
of further EU measures on waste prevention and implementation of the Plastic
Bags Directive', and an
impact assessment of the proposed measures was conducted in the second support study.
Finally, measures on compostable packaging were developed as part of the 2020 Study on the ‘Relevance of biodegradable and compostable consumer plastic products and packaging in acircular economy'. This study also provided further inspiration for the Commission's Communication on an EU policy framework on bio-based, biodegradable and compostable plastics.
The
proposal is based on an impact assessment. After addressing the comments of the
Regulatory Scrutiny Board in its negative opinion of
13 May 2022 and making the necessary modifications
and additions, the impact assessment received a positive opinion with reservations on 30 September 2022.
The
impact assessment detected three main problems:
(1) Growing
packaging waste generation: Directive 94/62/EC has not
been able to reverse this trend, despite
specific provisions on minimising packaging. The growth trend has been accentuated by new consumption habits (e.g.
on-the-go consumption, increased online sales
and home deliveries).
(2) Barriers
to packaging recycling and re-use: these include factors such as the increased use of packaging design features that prevent
recycling, increased cross- contamination of
compostable recycling streams, substances in packaging that may be hazardous and unclear labelling of packaging for
sorting. As a result, the priority of re-use
and recycling over recovery and landfill is not yet fully implemented.
(3) Low
recycling quality in plastic packaging and use of secondary raw materials: this
limits the EU's ability to reduce the use of virgin
materials in new packaging. Market failures
and shortcomings in the current regulatory framework hamper the profitability of recycling activities and weigh on the
investment in technology and supply logistics
needed to ensure that packaging is collected, sorted and recycled at a high quality level.
Given
the above, the overarching objectives of this legislative proposal are to
reduce the negative environmental impacts of
packaging and packaging waste, while improving the functioning of the internal market. The specific objectives
are: (i) to reduce the generation of packaging
waste; (ii) to promote a circular economy for packaging in a cost-effective
manner; and (iii) to promote the use of
recycled content in packaging.
The impact assessment compiled all possible measures for analysis, based on three studies conducted by an external consultant, stakeholder workshops, an online public consultation and targeted interviews. The diverse, complex and often interrelated measures were grouped under three policy options, which are compared to a business-as-usual scenario. Options 1 to 3 increase in strength in terms of their environmental effectiveness, but also their implementation burden and intrusiveness, as follows:
Option 1 sets out measures to increase standardisation and establishes clearer essential requirements that tend to be pre-requisites for measures in other groups.
Option 2 sets mandatory targets for waste reduction, re-use for certain sectors and minimum recycled content in plastic packaging, requirements to ensure full recyclability by 2030 and harmonised product rules.
Option 3 sets higher mandatory targets
than Option 2 and additional product requirements.
The
main policy choices for decision makers in the 27 EU Member States in the three
intervention areas are national waste reduction
targets, re-use targets for economic operators in
certain sectors, measures to increase recyclability, and targets for recycled
content in plastic packaging. Of the enabling measures,
mandatory deposit return systems and labelling rules to facilitate consumers' sorting are the outstanding policy
choices.
Option 1: Better standardisation
& clearer Essential Requirements |
Option 2: Mandatory targets and
stricter requirements |
Option 3: Far-reaching
targets and requirements |
||
M5: Minimization of empty space in
packaging in selected sectors, including e-commerce M1: Update of Essential
Requirements to minimize over-packaging M10a: Revision of CEN standard for defining reusable packaging M19: providing clarity on the
definition of reuse activity versus a “preparing for
reuse” activity |
M8b: Mandatory reuse targets for
selected packaging groups for 2030/2040 in selected
sectors +M19+M10a+M10b: Definitions and mandatory requirements for reusable
packaging formats set in EU legislation and standards for some formats+M10c: Definition and mandatory standards
for reuse systems M7: Phase out avoidable / unnecessary packaging M2b: Mandatory target of 19% reduction of packaging waste per capita in 2030 compared to
the baseline +M1+M5 |
M8c: Mandatory high level targets
to increase the reuse of packaging by 2030/2040’ in selected sectors +M10a+ M10b+M10c+M19 M2c: Mandatory target of 23% reduction of packaging waste per capita in 2030 compared to
the baseline +M1+M5+M7+M3: Banning by
2030 of heaviest packaging for selected items based on existing lighter
alternatives |
||
M21a: All packaging shall be
reusable or recyclable by 2030- clarification of
Essential Requirements and recyclability definition +M21b: All reusable packaging must be recyclable as of 2030 M22a: Qualitative definition of
recyclable packaging M28: Clarification of
biodegradability and compostability and updates of respective Essential
Requirements & standard EN 13432 M29a: Allowing
compostable and conventional plastics for selected packaging types |
M22b: Definition of recyclable
packaging based on design for recycling (DfR) criteria complemented by the recyclability assessment
procedure and a negative list of non-recyclable
packaging characteristics +M21a+M21b+M22a+M23: Harmonisation
of EPR Fee Modulation Criteria M29d: Mandatory
compostability for certain out of the selected plastics packaging types and
for the remaining ones compostable or conventional plastics possible +M28 |
M22c: Quantitative definition of
recyclable packaging +M21a+M21b+M22a+ M23 M29b: Mandatory
compostability for all selected plastics packaging types +M28 |
||
M37: Definition of Recycled
Content and measurement method |
M35em: Broad targets for recycled
content in plastic packaging based on contactsensitivity for 2030 and 2040 +M37 |
M35eh: Higher ambition, broad
targets for recycled content in plastic packaging based on contact-sensitivity for 2030 and 2040 +M37 |
||
Mx: Update of current material-based labelling: Removal of alphanumeric codes for waste sorters M31: Update of definitions
concerning hazardous substance M32a: Expanding
the information on hazardous substances |
Ma&b: Mandatory DRS and
minimum requirements for all DRS M27c-y: Harmonised
labelling of products and waste receptacles to facilitate consumers'
sorting (advanced Nordic pictograms system)+Mx+Mk: Restrictions
on use of confusing labels M12-u: Harmonised,
mandatory labelling for reusable packaging M38-j: Labelling
criteria for Recycled Content M32b: Notification of substances of
concern in packaging +M33a: Restrictions
of substances under REACH +M31 M40b: Mandatory minimum GPP criteria
for packaging of priority products and services M42b: Harmonization
of EPR reporting system MPCB: Extended
reporting obligation on PCB |
Mc: Prioritized use of recycled
packaging from DRS +Ma&b M26cc: Waste collection schemes
alternative to DRS+Mx+M12- u+M38 -j+M27c-y+Mk M32c: Notification of all substances
in packaging +M33b: Restrictions of
substances under the reviewed PPWD +M31 M40c: Mandatory] minimum GPP criteria for packaging of all products and
services M34b: Mandatory
reporting requirement for recycled content for all packaging +M42b
+ MPCB |
||
Based
on the assessment of the impacts of the measures, the Commission favours Option
2.
However, a diligent case by case evaluation was undertaken in order to detect elements of measures outside Option 2, whose integration into the preferred policy option would further improve the environmental performance and feasibility, while still being proportionate.
The
proposed measures have different levels of administrative burden, which would
mainly result from monitoring and reporting on
compliance, both for public authorities and for businesses.
At the same time, this proposal makes full use of digitalisation to reduce administrative burden. For example, it is envisaged that the Commission would adopt an implementing act to establish the conditions for identifying the material composition of packaging by means of digital marking technologies. It is also recommended that reusable packaging would have QR codes or equivalent means to facilitate their recovery and harmonised specific labels that properly inform consumers about packaging reusability, the availability of re-use systems. Moreover, the harmonised packaging labelling for consumers' sorting should improve the waste separation and means a significant simplification for the operators.
The
proposal has no consequences for the protection of fundamental rights.
The
financial statement included shows the detailed budgetary implications and the
human and administrative resources required by
this Proposal.
The
European Commission, and more specifically the Directorate-General for
Environment (DG ENV), will be responsible for
negotiating the regulation through the regular co-decision procedure, as well as for its general implementation and
adoption of all the implementing and delegated
acts envisaged in it. Other departments and agencies that will provide input
include Eurostat, the Joint Research Centre
(JRC) and the European Chemicals Agency (ECHA).
The current financial
simulations are based on three full-time equivalent Administrator (AD) posts
only to carry out: (i) the negotiation and general implementation of the Regulation;
and (ii) the preparatory work for the drafting of the secondary legislation.
The technical tasks are envisaged to be performed by two full-time equivalent
seconded national experts (given the expected timeline) and two contractual
agents. The costs for Commission staff amount to a total of EUR 6 537 000 based
on the latest salary scales, which are publicly available.
The
proposal includes several provisions to improve monitoring and the
understanding of packaging flows. These will
add to the existing calculation and reporting requirements for Member States under Commission Decisions 2005/270/EC and 2018/896/EC. These decisions will need to be replaced to include additional
reporting requirements necessary to support
the monitoring and the full implementation of the substantive requirements
related to: (1) plastic carrier bags (i.e.
disaggregated and mandatory reporting and different categories of plastic carrier bags); (2) the collection rate of packaging
covered by the obligation to set up deposit
and return systems; and (3) data related to specific packaging categories,
which is necessary to develop the methodology
for assessing the recyclability of packaging.
To
support the monitoring of extended producer responsibility (EPR) at Member
State-level, and harmonise EPR requirements to
make them more effective across the EU, this initiative also proposes a registration requirement for economic
operators (producers) and their producer
responsibility organisations when they make packaging available on a Member
State market for the first time. This is
accompanied by harmonised requirements to report data on such packaging to the national authorities. This will
reduce the administrative burden on producers
that currently have to adapt to increasingly divergent national requirements on
EPR reporting, and allow Member States to meet
their reporting obligations and provide the necessary
level of data granularity to support future policy adjustments, particularly on
packaging recyclability.
The proposal limits the reporting of data on re-use and refill targets to that submitted by the obliged economic operators to the competent authorities; no additional reporting to the Commission is envisaged. The calculation rules will be adopted by the Commission in implementing acts.
Chapter
I sets out the general provisions.
Article
1 lays down the subject matter of this
Regulation. It explains that it introduces requirements
over the entire life-cycle of packaging as regards its environmental
sustainability and labelling to allow placing
packaging on the market, as well as requirements for the extended producer responsibility, collection, treatment,
recycling of packaging waste. It explains that
this Regulation contributes to the efficient functioning of the internal market
while pursuing environmental objectives as regards
preventing or reducing the negativeimpacts of packaging and packaging waste on
the environment and human health. In this way, it
contributes to the transition to a circular economy in line with the hierarchy
of waste.
Article
2 lays down that this Regulation applies
to all packaging, regardless of the material used,
and to all packaging waste.
Article
3 lays down the definitions needed for the
purposes of this Regulation. A number of these
definitions are taken over from the New Legislative Framework (Regulation (EC)
No 765/2008 and Decision 768/2008/EC), from
the repealed Packaging and Packaging Waste Directive
or from existing Union legislation (such as the Waste Framework Directive and
the Market Surveillance Regulation). A set of
new definitions is brought in, notably to implement the main measures of this initiative with the focus on
recyclable packaging, use of recycled content
in plastic packaging, reusable packaging and packaging waste prevention.
Article
4 lays down the principle of free movement
on the single market for packaging which complies
with the sustainability requirements and labelling requirements as laid down in
this Regulation.
Chapter
II contains sustainability requirements
for packaging.
Article
5 lays down requirements for substances in
packaging, in particular a restriction on the concentration
level of lead, cadmium, mercury and hexavalent chromium. The Commission is
empowered to adopt delegated acts lowering the level
of this restriction as well as laying down
exemptions from it.
Article
6 requires packaging to be recyclable and
sets out what requirements will need to be met
in a two-stepped approach. As of 1/1/2030, packaging will have to comply with
the design for recycling criteria and, as of
1/1/2035 the requirements will be further adjusted to ensure that recyclable packaging is also sufficiently and
effectively collected, sorted and recycled
(‘recycled at scale') . The criteria for the design of recycling and the
methodology to assess if packaging is recycled
at scale will be established in delegated acts to be adopted by the Commission. The differed application of these
provisions is necessary in order to adopt the
necessary legislation detailing the recyclability requirements and to grant
sufficient time to the industry to adapt to
the new rules. This provision furthermore establishes the rule that financial contributions to be paid by producers to comply
with their extended producer responsibility
obligations shall be modulated based on the recyclability performance grades
under the design for recycling criteria, which will
be updated to include recyclability at scale thresholds
to be applied as of 2035. Finally, specific rules are set for innovative
packaging for which the recyclability
requirements shall only be required to be documented 5 years from its first placing on the market. Additionally, immediate
packaging meeting the definition of immediate
packaging in Article 4(25) of Regulation (EU) 2019/6, as well as contact
sensitive plastic packaging of medical devices
covered by Regulation (EU) 2017/745 and of in vitro diagnostics medical devices covered by Regulation (EU)
2017/746 are exempted from the recyclability
requirements set up under this Article until 2034 to take account of the human
and animal health and safety considerations.
Article
7 requires that, as of 1 January 2030,
plastic packaging shall contain certain minimum amount
of recycled content recovered from post-consumer plastic waste, per unit of
plastic packaging; specific packaging has been
exempted, as appropriate. These amounts shall increase
by 1 January 2040 and the derogations should be revised. The Commission will
adopt an implementing act to establish the
methodology for the calculation and verification of the percentage of recycled content recovered from
post-consumer plastic waste and the format for
the related technical documentation. This provision also empowers the
Commission toadopt delegated acts to amend the minimum percentage of recycled
content recovered from post-consumer plastic
waste.
Article
8, combined with the definition in Article
3, defines conditions for packaging to be considered
compostable and prescribes that filter coffee pods, sticky labels attached to
fruit and vegetables and very lightweight
plastic carrier bags shall be compostable by 24 months after the entry into force of this Regulation. Other
packaging shall, with the exception of lightweight
plastic carrier bags, for which a flexibility was granted to the Member States,
be eligible for material recycling. It also
empowers the Commission to adopt delegated acts to amend the list of packaging that need to be compostable.
Article
9 requires that the weight and volume of
packaging shall be minimised with due account
taken of the packaging’s safety and functionality. The compliance with this
obligation shall be proven by technical
documentation.
Article
10 lays down the requirements for reusable
packaging. One of the requirements is e.g. that
the packaging is conceived, designed and placed on the market with the
objective to be re-used or refilled a maximum
number of times. Reusable packaging must be also part of a system for re-use compliant with the minimum conditions as
set out in Annex VI of this Regulation.
Chapter
III lays down labelling, marking and
information requirements.
Article
11 requires that packaging is marked with
a label containing information on its material
composition in order to facilitate consumer sorting. The same labels shall be
placed on waste receptacles for the consumer
to easily identify the appropriate disposal route (Article 12). Harmonized label
shall be designed also to inform, at the choice of the manufacturer, about the recycled content in plastic packaging. Reusable
packaging shall bear a QR code or other type
of data carrier giving access to the relevant information facilitating its
re-use. The Commission shall be empowered to,
by implementing acts, establish harmonised labelling requirements and formats for packaging and waste
receptacles as well as for identifying the material
composition of packaging means of digital marking technologies.
Chapter
IV lays down the obligations of economic
operators and the provisions are mostly standard
from Decision 768/2008/EC. It is however worth
mentioning Article 14 and Articles 21-28.
Article
14 requires suppliers of packaging or packaging
material to provide the manufacturer with all
the information and documentation necessary for manufacturer to demonstrate the
conformity of the packaging.
Article
21 stipulates that economic operators that
supply products to final distributors or end users
in grouped, transport or e-commerce packaging must ensure that the ratio of
empty space in the packaging in relation to
the packaged product(s) is maximum 40 %.Article 22 stipulates that
economic operators should not place on the market packaging in the formats and for the purposes listed in Annex V to the
Regulation. The Commission is empowered to
amend this list by adopting a delegated act.
Articles
23 and 24 require that the economic
operator who places reusable packaging on the market
shall ensure a system for re-use for that packaging is in place. The economic
operators that make use of reusable packaging
shall also set up or participate in a system for re-use of such packaging. The requirements for the system for re-use
and for the reconditioning of reusable
packaging are laid down in Annex VI to the Regulation.
Article
25 requires economic operators who offer
products for purchase through refill to provide
certain information to end-users and to ensure the compliance of refill
stations with the requirements laid down in
Part C of Annex VI.
Article
26 lays down a number of targets on re-use
and refill for different sectors and packaging
formats. It also establishes exemptions from the obligation to meet the re-use
and refill targets. The Commission may adopt
delegated acts laying down more specific re-use targets
and further exemptions.
Articles
27 and 28 lays down the rules on the
calculation of the attainment of the different re- use and refill targets laid down in Article 26 and
reporting to the competent authority on those targets.
By 31 December 2028 the Commission shall adopt an implementing act establishing
detailed calculation rules and the methodology
regarding the targets laid down in Article 26.
Chapter
V (Article 29) lays down that the annual
consumption of lightweight plastic carrier bags
cannot exceed 40 such bags per person by the 31 December 2025. Member States
can 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 obligation to meet the target.
Chapter
VI on the conformity of packaging is
mostly standard provisions from Decision 768/2008/EC
on how to assess the conformity of packaging. It concerns:
- the
use of reliable, accurate and reproducible methods for tests, measurements and
calculations (Article 30);
- harmonised
standards providing a presumption of conformity (Article 31);
- the
possibility for the Commission to adopt common technical specifications where
harmonised standards are not available (Article 32);
- the
conformity assessment procedure (Article 33); and
- the
EU declaration of conformity (Article 34).
Chapter
VII concerns the management of packaging
and of packaging waste.
Article
35 requires that Member States designate a
competent authority for the implementation and
enforcement of the obligations arising from Articles 26 to 29 and Chapter
VII.
Article
36 concerns the early warning report, to
be drafted by the Commission in cooperation with
the European Environment Agency, concerning the progress towards the attainment
of the targets laid down in Articles 38 and
46.
Article
37 requires Member States to introduce a
chapter on the management of packaging and
packaging waste into their waste management plans as required in Article 28 of
Directive 2008/98/EC.
Article
38 requires each Member State to
progressively reduce the packaging waste generated per capita as compared to the packaging waste generated per
capita in 2018, by 5 % by 2030, 10 % by 2035
and 15 % by 2040. The Member States shall implement measures, such as economic instruments and other measures, to provide
incentives for the application of the waste
hierarchy, in order to prevent the generation of packaging waste and to
minimise the environmental impact of
packaging.
Article
39 requires Member States to establish a
register which shall serve to monitor the compliance
of producers of packaging with the requirements of Chapter VII. Producers,
producer responsibility organisations in case such an
organisation was appointed by a producer, or
the appointed representative for the extended producer responsibility shall be
registered in the register of the Member State in
which the producer makes packaging available
for the first time. Producers who are not registered, shall not make available
packaging on the market of a Member State.
Article
40 lays down that producers that make
available packaging on the market for the first time
within the territory of a Member State will have extended producer
responsibility for their packaging in line
with Article 8 and Article 8a of Directive 2008/98/EC.
Article
41 concerns producer responsibility
organisations. If multiple producer responsibility organisations exist, it must be ensured that they perform
their obligations over the whole territory of
a Member State.
Article
42 requires that producers or an appointed
producer responsibility organisation apply for
an authorisation from the competent authority.
Article
43 requires that Member States ensure that
systems are set up to enable the return and/or
collection of all packaging and packaging waste from the consumer, other final
user, or from the waste stream.
Article
44 requires a deposit and return system
(DRS) for single-use plastic beverage bottles with
the capacity of up to three litres and single-use metal and aluminium beverage
containers with a capacity of up to three
litres. It also lays down exemptions to this rule. By 1 January 2029, Member States must ensure that all DRS follow the
minimum requirements set out in Annex X.
Member States are also allowed to include glass in the DRS and should ensure
that DRS for single-use packaging formats, in
particular for single-use glass beverage bottles, where technically and economically feasible, are equally
available for reusable packaging.
Article
45 requires Members States to take
measures to encourage the increase of systems to enable re-use. Such measures can be e.g. the use of deposit-return
systems for packaging which is not covered by
the deposit return systems mandated by Article 44.
Article
46 lays down recycling targets of
packaging waste that Member States must meet by 31
December 2025 and by 31 December 2030, which are the same as in Directive
94/62/EC. If Member States postpone the
deadlines for achieving the 2025 targets they must submit an implementation plan in line with Annex XI. The Commission
can request that a Member State revise their
implementation plan.
Article
47 and 48 lays down the rules on
calculation of the attainment of the recycling targets laid down in Article 46(1).
Article
49 requires that producers or producer responsibility
organisations make available information on
the prevention and management of packaging waste for the packaging they supply within the territory of a Member State.
Article
50 concerns reporting for each calendar
year from the Member States to the Commission
on:
- the
attainment of the recycling targets,
- consumption
of very lightweight, lightweight and thick plastic carrier bags,
- the
collection rate of packaging covered by the obligation to set up deposit and
return systems, and
- the
packaging placed on the market and recycling rates for packaging formats/types
as indicated in Table 3, Part 3, of Annex II.
Article
51 sets out rules for databases on
packaging and on the information they must contain.
Chapter
VIII concerns safeguard procedures and is
based on standard provisions.
Chapter
IX (Article 57) concerns green
public procurement and, more specifically, the possibility
for the Commission to adopt delegated acts to establish requirements applicable
to public contracts (e.g. technical specifications,
selection criteria, award criteria, etc.), based on the sustainability requirements laid down in this
Regulation.
Chapter
X is a standard chapter with articles on
delegated acts (Article 58) and on implementing
acts (Article 59).
Chapter
XI sets out amendments to Regulation (EU)
2019/1020 and Directive (EU) 2019/904.
Chapter
XII is a standard chapter on final
provisions, with articles on penalties (Article 62), on carrying out an evaluation of the Regulation 8 years
after adoption (Article 63), and on repeal
and transitional provisions (Article 64).2022/0396 (COD)