REPORT on the proposal for a directive of the European Parliament and of the Council amending Directive 94/62/EC on packaging and packaging waste

Present text

Amendment

(-1)   In Article 1, paragraph 2 is replaced by the following:

"2.   To this end this Directive lays down measures aimed, as a first priority, at preventing the production of packaging waste and, as additional fundamental principles, at reusing packaging, at recycling and other forms of recovering packaging waste and, hence, at reducing the final disposal of such waste. "

"2.   To this end this Directive lays down measures aimed, as a first priority, at preventing the production of packaging waste and, as additional fundamental principles, at reusing packaging, at recycling and other forms of recovering packaging waste and, hence, at reducing the final disposal of such waste in order to contribute to the transition towards a circular economy."

Text proposed by the Commission

Amendment

(ba)  the following point is added:

"2a.  'Bio-based packaging' shall mean any packaging derived from materials of biological origin excluding material embedded in geological formations and/or fossilised;"

Text proposed by the Commission

Amendment

(c)  points 3 to 10 are deleted;

(c)  points 3 and 4 and from 6 to 10 are deleted;

Text proposed by the Commission

Amendment

'In addition, the definitions of ‘waste’, ‘waste producer’, ‘waste holder’, ‘waste management’, 'collection', 'separate collection', ‘prevention’, ‘re-use’, 'treatment', ‘recovery’, ‘preparing for re-use’, ‘recycling’, 'final recycling process' and ‘disposal’ laid down in Article 3 of Directive 2008/98/EC shall apply.'

'In addition, the definitions of 'waste', 'waste producer', 'waste holder', 'waste management', 'collection', 'separate collection', 'prevention', 'sorting', 'municipal waste', 'industrial and commercial waste', 'treatment', 'recovery', 'recycling', 'organic recycling', 'final recycling process', 'litter', and 'disposal' laid down in Article 3 of Directive 2008/98/EC shall apply.'

Text proposed by the Commission

Amendment

'Such other measures may consist of national programmes, incentives through extended producer responsibility schemes to minimise the environmental impact of packaging or similar actions adopted, if appropriate, in consultation with economic operators, and designed to bring together and take advantage of the many initiatives taken within Member States as regards prevention. They shall comply with the objectives of this Directive as defined in Article 1(1) ';

'Member States shall take measures to minimise the environmental impact of packaging and contribute to achieving the waste prevention objectives that are laid down in paragraph -1 of Article 9 of Directive 2008/98/EC. Such measures shall include extended producer responsibility as defined in the third subparagraph in Article 8(1) and incentives for the take-up of re-usable packaging.

Member States shall take measures to achieve a sustained reduction in consumption of packaging that is not recyclable and of excessive packaging. Such measures shall not compromise hygiene or food safety.

In addition, Member States may take other actions adopted in consultation with economic operators and consumer and environmental organisations and designed to bring together and take advantage of the many initiatives taken within Member States as regards prevention.

They shall comply with the objectives of this Directive as defined in Article 1(1).

Member States shall make use of adequate economic instruments and other measures to provide incentives for the application of the waste hierarchy. Such instruments and measures may include those listed in Annex IVa to Directive 2008/98/EC.’

Present text

Amendment

(2a)  In Article 4, paragraph 3 is replaced by the following:

3.  The Commission shall, as appropriate, present proposals for measures to strengthen and complement the enforcement of the essential requirements and to ensure that new packaging is put on the market only if the producer has taken all necessary measures to minimise its environmental impact without compromising the essential functions of the packaging.

'3.  By 31 December 2020 the Commission shall present proposals to update the essential requirements in order to strengthen and complement the enforcement of these requirements so as to ensure that new packaging is put on the market only if the producer has taken all necessary measures to minimise its environmental impact without compromising the essential functions of the packaging. The Commission shall, after consulting all stakeholders, present a legislative proposal for updating requirements, in particular to strengthen the design for re-use and high quality recycling.

Text proposed by the Commission

Amendment

(2b)  In Article 4, the following paragraph is inserted:

'3a.  Member States shall encourage, where environmentally beneficial from a life-cycle perspective, the use of bio-based recyclable packaging and of biodegradable compostable packaging, by taking measures such as those:

(a)  promoting their use through, inter alia, the use of economic instruments;

(b)  improving market conditions for such products;

(c)  reviewing existing law hampering the use of those products.’

Text proposed by the Commission

Amendment

(2c)  In Article 5, the following title is inserted:

'Re-Use'

Present text

Amendment

(2d)  In Article 5, paragraph 1 is replaced by the following:

Member States may encourage reuse systems of packaging, which can be reused in an environmentally sound manner, in conformity with the Treaty.

1.  In line with the waste hierarchy, Member States shall encourage reuse systems of packaging, which can be reused in an environmentally sound manner, in conformity with the Treaty, without compromising food hygiene or the safety of consumers.

Text proposed by the Commission

Amendment

(2e)  In Article 5, the following paragraph is inserted:

'1a.  Member States shall aim to achieve the following targets for re-use of packaging:

(a)  no later than 31 December 2025, a minimum of 5% by weight of all packaging waste is re-used;

(b)  no later than 31 December 2030, a minimum of 10% by weight of all packaging waste is re-used.'

Text proposed by the Commission

Amendment

(2f)  In Article 5, the following paragraph is inserted:

'1b.  In order to encourage re-use operations, Member States may take, inter alia, the following measures:

-  the use of deposit return schemes for re-usable packaging products;

-  the setting up of a minimum percentage of re-useable packaging placed on the market every year per packaging stream;

-  the establishment of adequate economic incentives to producers of re-usable packaging.'

Text proposed by the Commission

Amendment

(2g)  In Article 5, the following paragraph is inserted:

1c. Packaging and reused packaging which is collected by a deposit-refund scheme may be counted towards the attainment of prevention targets established by national prevention programmes.

Text proposed by the Commission

Amendment

(a)  the title is replaced by 'Recovery, re-use and recycling';

(a)  the title is replaced by 'Recovery, and recycling';

Text proposed by the Commission

Amendment

(aa)   In Article 6, the following paragraph -1 is inserted:

‘-1.  Member States shall put in place sorting systems for all packaging materials.’

Text proposed by the Commission

Amendment

(f)  no later than 31 December 2025 a minimum of 65% by weight of all packaging waste will be prepared for reuse and recycled;

(f)  no later than 31 December 2025 a minimum of 70% by weight of all packaging waste generated will be recycled;

Text proposed by the Commission

Amendment

(g)  no later than 31 December 2025 the following minimum targets by weight for preparing for reuse and recycling will be met regarding the following specific materials contained in packaging waste:

(g)  no later than 31 December 2025 the following minimum targets by weight for recycling will be met regarding the following specific materials contained in packaging waste:

(i)  55 % of plastic;

(i)  60 % of plastic;

(ii)  60% of wood;

(ii)  65% of wood;

(iii)  75% of ferrous metal;

(iii)  80% of ferrous metal;

(iv)  75% of aluminium;

(iv)  80% of aluminium;

(v)  75% % of glass;

(v)  80 % of glass;

(vi)  75% of paper and cardboard;

(vi)  90% of paper and cardboard;

Text proposed by the Commission

Amendment

(h)  no later than 31 December 2030 a minimum of 75% by weight of all packaging waste will be prepared for reuse and recycled;

(h)  no later than 31 December 2030 a minimum of 80% by weight of all packaging waste generated will be recycled;

Text proposed by the Commission

Amendment

(i)  no later than 31 December 2030 the following minimum targets by weight for preparing for reuse and recycling will be met regarding the following specific materials contained in packaging waste:

(i)  no later than 31 December 2030 the following minimum targets by weight for recycling will be met regarding the following specific materials contained in packaging waste:

(i)  75% of wood;

(i)  80% of wood;

(ii)  85% of ferrous metal;

(ii)  90% of ferrous metal;

(iii)  85% of aluminium;

(iii)  90% of aluminium;

(iv)  85% of glass;

(iv)  90% of glass;

(v)  85% of paper and cardboard.

Text proposed by the Commission

Amendment

3.  Packaging waste sent to another Member State for the purposes of preparing for reuse, recycling or recovery in that other Member State may only be counted towards the attainment of the targets laid down in paragraph 1(f) to (i) by the Member State in which the packaging waste was collected.

3.  Packaging waste sent to another Member State for the purpose of recycling in that other Member State may only be counted towards the attainment of the targets laid down in paragraph 1(f) to (i) by the Member State in which the packaging waste was collected.

Present text

Amendment

(ca)  In Article 6, paragraph 4 is replaced by the following:

4.  Member States shall, where appropriate, encourage the use of materials obtained from recycled packaging waste for the manufacturing of packaging and other products by:

'4.  Member States shall encourage the use of materials obtained from recycled packaging waste, when beneficial from a life-cycle perspective and in line with the waste hierarchy, for the manufacturing of packaging and other products by:

(a)  improving market conditions for such materials;

(a)  improving market conditions for such materials;

(b)  reviewing existing regulations preventing the use of those materials.

(b)  reviewing existing regulations preventing the use of those materials;

(ba)  making use of adequate economic instruments in order to incentivise the uptake of secondary raw material that may include measures promoting the recycled content of the products and the application of sustainable public procurement criteria;

(bb)  promoting materials that, when recycled, do not endanger human health when they are recycled into food contact materials.'

Text proposed by the Commission

Amendment

(d)   paragraphs 5, 8, and 9 are deleted;

(d)   paragraphs 5 and 9 are deleted;

Present text

Amendment

(da)  Paragraph 8 is replaced by the following:

8.   The Commission shall, as soon as possible and no later than 30 June 2005, present a report to the European Parliament and the Council on the progress of the implementation of this Directive and its impact on the environment, as well as on the functioning of the internal market. The report shall take into account individual circumstances in each Member State. It shall cover the following:

'8.   To that end, the Commission shall, by 31 December 2024, examine the targets laid down in Article 6 and the progress towards achieving them, taking into account the best practices and measures used by Member States to reach those targets.

In its assessment, the Commission shall consider setting:

(a)   an evaluation of the effectiveness, implementation and enforcement of the essential requirements;

(a)  targets on other packaging waste streams;

(b)   additional prevention measures to reduce the environmental impact of packaging as far as possible without compromising its essential functions;

(b)  separate targets for household packaging waste and for commercial and industrial packaging waste.

(c)   the possible development of a packaging environment indicator to render packaging waste prevention simpler and more effective;

To that end, the Commission, shall draw up a report, accompanied by a legislative proposal, if appropriate, which shall be sent to the European Parliament and the Council.'

(d)   packaging waste prevention plans;

(e)   encouragement of reuse and, in particular, comparison of the costs and benefits of reuse and those of recycling;

(f)   producer responsibility including its financial aspects;

(g)   efforts to reduce further and, if appropriate, ultimately phase out heavy metals and other hazardous substances in packaging by 2010.

This report shall, as appropriate, be accompanied by proposals for revision of the related provisions of this Directive, unless such proposals have, by that time, been presented.

Text proposed by the Commission

Amendment

'1.   For the purpose of calculating whether the targets laid down in Article 6(1)(f) to (i) have been attained,

'1.   For the purpose of calculating whether the targets laid down in points (f) to (i) of Article 6(1) have been attained the weight of the packaging waste recycled shall be calculated as the weight of the input waste entering the final recycling process in a given year.

(a)  the weight of the packaging waste recycled shall be understood as the weight of the input waste entering the final recycling process;

(b)  the weight of the packaging waste prepared for reuse shall be understood as the weight of packaging waste that has been recovered or collected by a recognised preparation for re-use operator and has undergone all necessary checking, cleaning and repairing operations to enable re-use without further sorting or pre-processing;

(c)  Member States may include products and components prepared for re-use by recognised preparation for re-use operators or deposit-refund schemes. For the calculation of the adjusted rate of packaging waste prepared for re-use and recycled taking into account the weight of the products and components prepared for re-use, Member States shall use verified data from the operators and apply the formula set out in Annex IV.

Text proposed by the Commission

Amendment

1a.  By 31 December 2018, the Commission shall request the European standardisation organisations to develop European quality standards for waste materials entering the final recycling process and for the secondary raw materials, in particular for plastics, based on the best available practices.

Text proposed by the Commission

Amendment

2.  In order to ensure harmonised conditions for the application of paragraph 1(b) and (c) and of Annex IV, the Commission shall adopt delegated acts in accordance with Article 21a establishing minimum quality and operational requirements for the determination of recognised preparation for re-use operators and deposit-refund schemes, including specific rules on data collection, verification and reporting.

2.  In order to ensure harmonised conditions for the application of paragraph 1 the Commission shall adopt delegated acts in accordance with Article 21a in order to supplement this Directive by establishing minimum quality and operational requirements for the determination of final recycling operators, including specific rules on data collection, traceability and verification and reporting.

Text proposed by the Commission

Amendment

2a.  The Commission shall examine the possibilities of and, if appropriate, propose measures for streamlining the reporting of composite packaging with the obligations laid down in this Directive.

Text proposed by the Commission

Amendment

3.  By way of derogation from paragraph 1, the weight of the output of any sorting operation may be reported as the weight of the packaging waste recycled provided that:

deleted

(a)  such output waste is sent into a final recycling process;

(b)  the weight of materials or substances that are not subject to a final recycling process and that are disposed or subject to energy recovery remains below 10% of the total weight to be reported as recycled.

Text proposed by the Commission

Amendment

4.  Member States shall establish an effective system of quality control and traceability of the packaging waste to ensure that conditions laid down in paragraph 3(a) and (b) are met. The system may consist of either electronic registries set up pursuant to Article 35(4) of Directive 2008/98/EC, technical specifications for the quality requirements of sorted waste or any equivalent measure to ensure the reliability and accuracy of the data gathered on recycled waste.

4.  In accordance with the delegated acts adopted pursuant to paragraph 2, Member States shall establish an effective system of quality control and traceability of the packaging waste to ensure compliance with the rules laid down in paragraph 1. The system may consist of either electronic registries set up pursuant to Article 35(4) of Directive 2008/98/EC, technical specifications for the quality requirements of sorted waste or any equivalent measure to ensure the reliability and accuracy of the data gathered on recycled waste. Member States shall inform the Commission about the system chosen for quality control and traceability.

Text proposed by the Commission

Amendment

5.  For the purposes of calculating whether the targets laid down in Article 6(1)(f) to (i) have been achieved Member States may take into account the recycling of metals that takes place in conjunction with incineration in proportion to the share of the packaging waste incinerated provided that the recycled metals meet certain quality requirements. Member States shall use the common methodology established in accordance with Article 11a(6) of Directive 2008/98/EC.

5.  For the purposes of calculating whether the targets laid down in points (f) to (i) of Article 6(1) have been achieved Member States may take into account the recycling of metals that takes place in conjunction with incineration or co-incineration only if waste has been sorted prior to incineration or if the obligation to set up separate collection for paper, metal, plastic, glass and bio-waste has been complied with in proportion to the share of the packaging waste incinerated or co-incinerated provided that the recycled metals meet certain quality requirements. Member States shall use the common methodology established in accordance with Article 11a(6) of Directive 2008/98/EC.

Text proposed by the Commission

Amendment

(ba)  examples of best practices which are used throughout the Union and which can provide guidance on progress towards achieving the targets.

Text proposed by the Commission

Amendment

2a.  Where necessary, the reports referred to in paragraph 1 shall address the implementation of requirements of this Directive other than those referred to in paragraph 1, including the forecasting of the achievement of the targets contained in the waste prevention programmes and the percentage and the per capita quantity of municipal waste that is disposed of or subject to energy recovery.

Present text

Amendment

(5a)  Article 7 (1) is replaced by the following:

"1.   Member States shall take the necessary measures to ensure that systems are set up to provide for:

"1.   Member States, in order to meet the objectives laid down in this Directive, shall take the necessary measures to ensure that systems are set up to provide for, and incentivise:

(a)  the return and/or collection of used packaging and/or packaging waste from the consumer, other final user, or from the waste stream in order to channel it to the most appropriate waste management alternatives;

(a)  the return and/or collection of used packaging and/or packaging waste from the consumer, other final user, or from the waste stream in order to channel it to the most appropriate waste management alternatives;

(b)  the reuse or recovery including recycling of the packaging and/or packaging waste collected,

(b)  the reuse or recovery including recycling of the packaging and/or packaging waste collected.

in order to meet the objectives laid down in this Directive.

These systems shall be open to the participation of the economic operators of the sectors concerned and to the participation of the competent public authorities. They shall also apply to imported products under non-discriminatory conditions, including the detailed arrangements and any tariffs imposed for access to the systems, and shall be designed so as to avoid barriers to trade or distortions of competition in conformity with the Treaty."

These systems shall be open to the participation of the economic operators of the sectors concerned and to the participation of the competent public authorities. They shall also apply to imported products under non-discriminatory conditions, including the detailed arrangements and any tariffs imposed for access to the systems, and shall be designed so as to avoid barriers to trade or distortions of competition in conformity with the Treaty."

Text proposed by the Commission

Amendment

(5b)   The following Article is inserted:

'Article 7a

Specific measures for return and collection systems

Member States shall take the necessary measures to put in place:

(a)  the separate collection of at least packaging or packaging waste made up of paper, metal, plastic or glass, or any combination thereof, from residual waste;

(b)  composite packaging as defined under Commission Decision 2005/270/EC shall be collected in existing collection schemes meeting the quality standards required for final recycling. '

Present text

Amendment

(5c)  In Article 8, paragraph 2 is replaced by the following:

"2.   To facilitate collection, reuse and recovery including recycling, packaging shall indicate for the purposes of its identification and classification by the industry concerned the nature of the packaging material(s) used on the basis of Commission Decision 97/129/EC^[1].

"2.   To facilitate collection, reuse and recovery including recycling, packaging shall contain information useful for that purpose. In particular, packaging shall indicate for the purposes of its identification and classification by the industry concerned the nature of the packaging material(s) used on the basis of Commission Decision 97/129/EC^[1].

^[1] OJ L 50, 20.2.1997, p. 28."

^[1] OJ L 50, 20.2.1997, p. 28."

Text proposed by the Commission

Amendment

'3a.  Member States shall report the data concerning the attainment of the targets laid down in Article 6(1)(a) to (i) for each calendar year to the Commission. They shall report this data electronically within 18 months of the end of the reporting year for which the data are collected.

'3a.  Member States shall report the data concerning the attainment of the targets laid down in points (a) to (i) of Article 6(1) for each calendar year to the Commission. They shall collect and process the data in accordance with the common methodology referred to in paragraph 3d and report it electronically within 12 months of the end of the reporting year for which the data are collected.

Text proposed by the Commission

Amendment

The data shall be reported in the format established by the Commission in accordance with paragraph 3d. The first reporting shall cover data for the period from 1 January [enter year of entry into force of this Directive + 1 year] to 31 December [enter year of entry into force of this Directive + 1 year].

The data shall be collected and processed, using the common methodology referred to in paragraph 3d, and reported in the format established by the Commission in accordance with paragraph 3d. The first reporting with respect to the targets laid down in points (f) to (i) in Article 6 shall cover data for the period from 1 January [enter year of entry into force of this Directive + 1 year] to 31 December [enter year of entry into force of this Directive + 1 year].

Text proposed by the Commission

Amendment

3c.  The Commission shall review the data reported in accordance with this Article and publish a report on the results of its review. The report shall cover an assessment of the organisation of the data collection, the sources of data and the methodology used in Member States as well as the completeness, reliability, timeliness and consistency of that data. The assessment may include specific recommendations for improvement. The report shall be drawn up every three years.

3c.  The Commission shall review the data reported in accordance with this Article and publish a report on the results of its review. Until the common methodology for data collection and processing referred to in paragraph 3d has been established, the report shall cover an assessment of the organisation of the data collection, the sources of data and the methodology used in Member States. The Commission shall also assess completeness, reliability, timeliness and consistency of the data and the information submitted. The assessment may include specific recommendations for improvement. The report shall be drawn up nine months after the first reporting of the data by the Member States and every three years thereafter.

Text proposed by the Commission

Amendment

3ca.  In the report, the Commission shall include information on the implementation of the Directive as a whole and evaluate its impact on human health, the environment and the internal market. If appropriate, a proposal to revise this Directive may accompany the report.

Text proposed by the Commission

Amendment

3d.  The Commission shall adopt implementing acts laying down the format for reporting data in accordance with paragraph 3a. Those implementing acts shall be adopted in accordance with the procedure referred to in Article 21(2).';

3d.  The Commission shall adopt delegated acts in accordance with Article 38a in order to supplement this Directive by laying down the common methodology for data collection and processing and the format for reporting data in accordance with paragraph 3a. ';

Text proposed by the Commission

Amendment

2.  The power to adopt delegated acts referred to in Article 6a(2), Article 11(3), Article 19(2) and Article 20 shall be conferred on the Commission for an indeterminate period of time from [enter date of entry into force of this Directive].

2.  The power to adopt delegated acts referred to in Article 6a(2), Article 11(3), Article 12(3d), Article 19(2) and Article 20 shall be conferred on the Commission for an indeterminate period of time from [enter date of entry into force of this Directive].

Text proposed by the Commission

Amendment

3.  The delegation of power referred to in Article 6a(2), Article 11(3), Article 19(2) and Article 20 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.

3.  The delegation of power referred to in Article 6a(2), Article 11(3), Article 12(3d), Article 19(2) and Article 20 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.

Text proposed by the Commission

Amendment

5.  A delegated act adopted pursuant to Article 6a(2), Article 11(3), Article 19(2) and Article 20 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.'.

5.  A delegated act adopted pursuant to Article 6a(2), Article 11(3), Article 12(3d), Article 19(2) and Article 20 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.'

Text proposed by the Commission

Amendment

(12a)  Annex II to Directive 94/62/EC on packaging and packaging waste is replaced as set out in the Annex to this Directive.

Present text

Amendment

(-1)  In Annex II, point 1, the first indent is amended as follows:

-  Packaging shall be designed, produced and commercialized in such a way as to permit its reuse or recovery, including recycling, and to minimize its impact on the environment when packaging waste or residues from packaging waste management operations are disposed of.

‘-  Packaging shall be designed, produced and commercialized in such a way as to permit its reuse or recovery, including recycling, in line with the waste hierachy, and to minimize its impact on the environment when packaging waste or residues from packaging waste management operations are disposed of.’

Text proposed by the Commission

Amendment

(-1a)   In Annex II, point 1, the following indent 1a is inserted:

‘-   Packaging shall be produced in such a way as to minimise its carbon footprint, including by using biodegradable and sustainable bio-based materials.’

Present text

Amendment

(-1b)  In Annex II, point 3, point c is amended as follows:

(c)   Packaging recoverable in the form of composting

‘(c)   Packaging recoverable in the form of composting

Packaging waste processed for the purpose of composting shall be of such a biodegradable nature that it should not hinder the separate collection and the composting process or activity into which it is introduced.

Packaging waste processed for the purpose of composting shall be of such a biodegradable nature that it does not hinder the separate collection and the composting process or activity into which it is introduced.’

Present text

Amendment

(-1c)   In Annex II, point 3, point d is amended as follows:

(d)   Biodegradable packaging

‘(d)   Biodegradable packaging

Biodegradable packaging waste shall be of such a nature that it is capable of undergoing physical, chemical, thermal or biological decomposition such that most of the finished compost ultimately decomposes into carbon dioxide, biomass and water.

Biodegradable packaging waste shall be of such a nature that it is capable of undergoing physical, chemical, thermal or biological decomposition such that most of the finished compost ultimately decomposes into carbon dioxide, biomass and water. Oxo-degradable plastic packaging shall not be considered as biodegradable.’

Present text

Amendment

(-1)  Article 1(1) is replaced by the following:

1.  This Directive aims to harmonize national measures concerning the management of packaging and packaging waste in order, on the one hand, to prevent any impact thereof on the environment of all Member States as well as of third countries or to reduce such impact, thus providing a high level of environmental protection, and, on the other hand, to ensure the functioning of the internal market and to avoid obstacles to trade and distortion and restriction of competition within the Community.

‘1.  This Directive aims to harmonize national measures concerning the management of packaging and packaging waste in order to prevent any impact thereof on the environment of all Member States as well as of third countries or to reduce such impact, thus providing a high level of environmental protection, taking into account the functioning of the internal market.’;

Text proposed by the Commission

Amendment

(ba)  the following point is added:

"2a.  'Bio-based packaging' shall mean any packaging derived from materials of biological origin excluding material embedded in geological formations and/or fossilised;"

Text proposed by the Commission

Amendment

(ca)  in Article 3 the following point is added:

(12a)  'Multi-layered packaging' shall mean packaging composed of more than one layer of material.

Text proposed by the Commission

Amendment

Such other measures may consist of national programmes, incentives through extended producer responsibility schemes to minimise the environmental impact of packaging or similar actions adopted, if appropriate, in consultation with economic operators, and designed to bring together and take advantage of the many initiatives taken within Member States as regards prevention. They shall comply with the objectives of this Directive as defined in Article 1(1).

Such other measures shall comply with the objectives of this Directive set out in Article 1(1) and Directive 2008/98/EC, namely through contributing to achieving a sustained reduction in the amount of packaging waste generated, preventing the use of packaging and minimising the environmental impact of packaging. Such measures shall consist of extended producer responsibility schemes as defined in Directive 2008/98/EC and other national programmes as determined by the Member States. Those actions may be adopted, if appropriate, in consultation with economic operators and NGOs. They shall be designed to bring together and as regards prevention, take advantage of the initiatives taken within Member States.

Text proposed by the Commission

Amendment

(2a)  in Article 4(1), the following subparagraphs are added:

"Economic operators engaged in producing plastic packaging shall benefit from the following financial incentives unless, for any specific type of packaging, competent authorities have determined that it is technically unfeasible or presents an unreasonable risk to public health:

(a)  packaging producers that reduce the level of colouring used in their rigid plastic packaging containers which they place on the market shall benefit from a reduced level of financial contribution under extended producer responsibility schemes, graded in accordance with the level of colouring introduced to the virgin rigid plastic packaging;

(b)  economic operators that use refillable plastic or glass containers shall benefit from a reduced level of financial contribution under extended producer responsibility schemes, commensurate with the amount of refillables used by the operator where possible within the business.

The Commission shall adopt implementing acts necessary for the implementation of this paragraph by ... [eighteen months after the date of entry into force of this Directive]. Those implementing acts shall be adopted in accordance with the procedure referred to in Article 21(2).";

Present text

Amendment

(2b)  Article 4(2) is replaced by the following:

2.   The Commission shall help to promote prevention by encouraging the development of suitable European standards, in accordance with Article 10. The standards shall aim to minimise the environmental impact of packaging in accordance with Articles 9 and 10.

‘2.  The Commission shall help to promote prevention by encouraging the development of suitable European standards, in accordance with Article 10. The standards shall aim to minimise the environmental impact of packaging in accordance with Articles 9 and 10, reduce the quantity of packaging and end excessive packaging.’

Present text

Amendment

(2c)  Article 4(3) is replaced by the following:

3.   The Commission shall, as appropriate, present proposals for measures to strengthen and complement the enforcement of the essential requirements and to ensure that new packaging is put on the market only if the producer has taken all necessary measures to minimise its environmental impact without compromising the essential functions of the packaging.

‘3.  The Commission shall, by 31 December 2018, present proposals for measures to strengthen and complement the enforcement of the essential requirements and to ensure that new packaging is put on the market only if the producer has taken all necessary measures to minimise its environmental impact without compromising the essential functions of the packaging. The Commission shall in particular submit a proposal for measures concerning non-recyclable packaging, packaging containing hazardous substances, single- use packaging, disposable and excess packaging and the reduction of packaging, and assess the possibility of market restrictions for those items at Union level.’

Present text

Amendment

(2d)  Article 5 is replaced by the following:

Reuse

“Reutilisation

Member States may encourage reuse systems of packaging, which can be reused in an environmentally sound manner, in conformity with the Treaty.

1.  Member States shall encourage reuse systems of packaging, which can be reused in an environmentally sound manner, in conformity with the Treaty.

In particular, Member States may support establishment of deposit-refund systems for reusable packaging, including through extended producer responsibility schemes, and provide adequate incentives to producers of reusable packaging.

2.  Reused packaging that is collected by a deposit-refund scheme may be counted towards the attainment of prevention targets established by national prevention programmes which have been adopted in accordance with the criteria laid down in Article 4.”

Text proposed by the Commission

Amendment

(f)  no later than 31 December 2025 a minimum of 65% by weight of all packaging waste will be prepared for reuse and recycled;

(f)  no later than 31 December 2025 a minimum of 65% by weight of all packaging waste will be prepared for reuse or recycled;

Text proposed by the Commission

Amendment

(h)  no later than 31 December 2030 a minimum of 75% by weight of all packaging waste will be prepared for reuse and recycled;

(h)  no later than 31 December 2030 a minimum of 75% by weight of all packaging waste will be prepared for reuse or recycled;

Text proposed by the Commission

Amendment

(ba)  in Article 6 the following paragraph is inserted:

“1a.  For the purpose of calculating the targets laid down in paragraph 1, when applicable, the amount of biodegradable waste that enters aerobic or anaerobic treatment may be counted as recycled where that treatment generates compost, digestate or other material, the main part of which, following any further necessary reprocessing, is used as a recycled product, material or substance.”

Text proposed by the Commission

Amendment

2.  Packaging waste exported from the Union shall only be counted towards the attainment of the targets laid down in paragraph 1 by the Member State in which the packaging waste was collected if the requirements of Article 6a (4) are met and if, in accordance with Regulation (EC) No 1013/2006 of the European Parliament and of the Council(*), the exporter can prove that the shipment of waste complies with the requirements of that Regulation and that the treatment of waste outside the Union took place in conditions that are equivalent to the requirements of the relevant Union environmental legislation.

2.  Packaging waste exported from the Union shall only be counted towards the attainment of the targets laid down in paragraph 1 by the Member State in which the packaging waste was collected if the requirements of Article 6a (4) are met and if, in accordance with Regulation (EC) No 1013/2006 of the European Parliament and of the Council(*), the exporter proves that the shipment of waste complies with the requirements of that Regulation and that the treatment of waste outside the Union is in line with the requirements of this Directive and all relevant environmental, health and safety at work legislation.

Text proposed by the Commission

Amendment

(ca)  in Article 6 the following paragraph is inserted:

“3a.  Member States may opt for energy recovery where it is preferable to material-recycling for environmental, technical and economic reasons.”

Present text

Amendment

(cb)  in Article 6, paragraph 4 is replaced by the following:

4.  Member States shall, where appropriate, encourage the use of materials obtained from recycled packaging waste for the manufacturing of packaging and other products by:

“4.  Member States shall 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;

(a)  improving market conditions and reviewing legislation that might pose as obstacle for the use of such materials;

(b)  reviewing existing regulations preventing the use of those materials.

(b)  reviewing existing regulations preventing the use of those materials, ensuring a high level of environmental and human health protection;

(ba)  introducing fiscal and economic incentives for the uptake of the use of recycled packaging materials as well as green public procurement criteria;

(bb)  promoting materials which, when recycled, do not endanger human health when they are recycled into food contact materials;

(bc)   promoting the use of materials that can be reused or recycled without loss of quality, regardless of how often the material is reused or recycled.”

Text proposed by the Commission

Amendment

(d)  paragraphs 5, 8, and 9 are deleted;

(d)  paragraphs 5 and 9 are deleted and paragraph 8 is replaced by the following:

"The Commission shall, taking into account individual circumstances in each Member State, assess the implementation of this Directive with regard to the functioning of the internal market. This assessment shall be conducted at a minimum every three years and a report on that assessment shall be submitted to the European Parliament and to the Council."

Text proposed by the Commission

Amendment

(da)  the following paragraph 11a is added:

‘11a.  Without prejudice to Article 6b, Member States may, depending on their specific situation, obtain derogations as regards the time schedule for attaining the targets set in paragraph 1(f) to (i), provided that a gradual alignment with those targets is ensured, and after taking into account the recommendations referred to in point (b) of Article 6b(2).’;

Text proposed by the Commission

Amendment

(c)  Member States may include products and components prepared for re-use by recognised preparation for re-use operators or deposit-refund schemes. For the calculation of the adjusted rate of packaging waste prepared for re-use and recycled taking into account the weight of the products and components prepared for re-use, Member States shall use verified data from the operators and apply the formula set out in Annex IV.

deleted

Present text

Amendment

(5a)  In Article 7(1), the first subparagraph is replaced by the following:

1.  Member States shall take the necessary measures to ensure that systems are set up to provide for:

"1.  Member States shall take the necessary measures to ensure that systems, for example extended producer responsibility schemes, are set up to provide for: "

Text proposed by the Commission

Amendment

(5b)  the following article is inserted:

"Article 7a

Reduction of Packaging and Packaging Waste in the Marine Environment

1.  Member States shall take all necessary measures to reduce packaging waste in their territory from entering the marine environment. Those measures shall include all of the following:

(a)  the adoption of a binding 50% reduction target for packaging waste by 2025 compared to 2015 levels;

(b)  the establishment and operation of programmes for measuring and monitoring packaging waste entering the marine environment;

(c)  the adoption of specific measures to reduce the main sources of packaging waste found in the marine environment and on beaches by region, including programmes to raise public awareness, economic instruments and incentives, and marketing restrictions.

2.  By [x] each year, Member States shall submit reports to the Commission setting out their progress toward reducing packaging waste originating within their territory from entering the marine environment, including descriptions of the measures adopted under paragraph 1 and the expected outcomes.

3.  The Commission shall adopt implementing acts necessary for the implementation of this Article by ... [eighteen months after the date of entry into force of this Directive]. Those implementing acts shall be adopted in accordance with the procedure referred to in Article 21(2).";

Present text

Amendment

(5c)  Article 8(2) is replaced by the following:

2.  To facilitate collection, reuse and recovery including recycling, packaging shall indicate for the purposes of its identification and classification by the industry concerned the nature of the packaging material(s) used on the basis of Commission Decision 97/129/EC(9).

‘2.  To facilitate collection, reuse and recovery including recycling, packaging shall contain information useful for that purpose. In particular, packaging shall indicate for the purposes of its identification and classification by the industry concerned the nature of the packaging material(s) used on the basis of Commission Decision 97/129/EC(9).’;

Text proposed by the Commission

Amendment

3b.  The data reported by the Member States in accordance with this Article shall be accompanied by a quality check report and a report on the implementation of Article 6a(4).

3b.  The data reported by the Member States in accordance with this Article shall be accompanied by a quality check report and a report on the implementation of Article 6a(4). The quality check report shall be drawn up in accordance with a harmonised format.

Text proposed by the Commission

Amendment

3c.  The Commission shall review the data reported in accordance with this Article and publish a report on the results of its review. The report shall cover an assessment of the organisation of the data collection, the sources of data and the methodology used in Member States as well as the completeness, reliability, timeliness and consistency of that data. The assessment may include specific recommendations for improvement. The report shall be drawn up every three years.

3c.  The Commission shall review the data reported in accordance with this Article and publish a report on the results of its review. The report shall cover an assessment of the organisation of the data collection, the sources of data and the methodology used in Member States as well as the completeness, reliability, timeliness and consistency of that data and the availability of open data. The assessment may include specific recommendations for improvement. The report shall be drawn up every three years.

Text proposed by the Commission

Amendment

3d.  The Commission shall adopt implementing acts laying down the format for reporting data in accordance with paragraph 3a. Those implementing acts shall be adopted in accordance with the procedure referred to in Article 21(2).

3d.  The Commission shall adopt implementing acts laying down the format for reporting data in accordance with paragraph 3a and for the quality check report referred to in paragraph 3b, which support the re-use of data and open data objectives. Those implementing acts shall be adopted in accordance with the procedure referred to in Article 21(2).

Present text

Amendment

(7a)  in Article 15, paragraph 1 is replaced by the following:

‘Acting on the basis of the relevant provisions of the Treaty, the Council adopts economic instruments to promote the implementation of the objectives set by this Directive. In the absence of such measures, the Member States may, in accordance with the principles governing Community environmental policy, inter alia, the polluter-pays principle, and the obligations arising out of the Treaty, adopt measures to implement those objectives.’

‘Acting on the basis of the relevant provisions of the Treaty, the Council adopts economic instruments to promote the implementation of the objectives set by this Directive. In the absence of such measures, the Member States may, in accordance with the principles governing Community environmental policy, inter alia, the polluter-pays principle, and the obligations arising out of the Treaty, adopt measures to implement those objectives. Such measures may form part of extended producer responsibility schemes, differentiated fees on single use packaging, pay-as-you-throw systems and deposit-refund schemes.’

Text proposed by the Commission

Amendment

(7b)  The following Article is inserted:

"Article 15a

General requirements for extended producer responsibility schemes

Member States shall ensure that extended producer responsibility schemes established in accordance with Article 8 and Article 8a of Directive 2008/98/EC^* also apply to packaging and packaging waste.

________________

^* Directive 2008/98/EC of the European Parliament and of the Council of 19 November 2008 on waste and repealing certain Directives (OJ L 312, 21.11.2018, p. 3).”

Present text

Amendment

In Annex II, point 1, the first indent is replaced by the following:

-  Packaging shall be designed, produced and commercialized in such a way as to permit its reuse or recovery, including recycling, and to minimize its impact on the environment when packaging waste or residues from packaging waste management operations are disposed of.

‘-  Packaging shall be designed, produced and commercialized in such a way as to permit its reuse or recovery, including recycling - in accordance with the principle of the hierarchy of waste management - and to minimize its impact on the environment when packaging waste or residues from packaging waste management operations are disposed of.’

Present text

Amendment

In Annex II, point 3, point a is replaced by the following:

"(a)  Packaging recoverable in the form of material recycling

"(a)  Packaging recoverable in the form of material recycling

Packaging must be manufactured in such a way as to enable the recycling of a certain percentage by weight of the materials used into the manufacture of marketable products, in compliance with current standards in the Community. The establishment of this percentage may vary, depending on the type of material of which the packaging is composed."

Packaging must be manufactured in such a way that it is technically, environmentally and economically practicable to recycle, taking into account the sorting, cleaning and scale of formats and materials used so as to enable the recycling of a certain percentage by weight of the materials used into the manufacture of marketable products, in compliance with current standards in the Community. The establishment of this percentage may vary, depending on the type of material of which the packaging is composed. Formats and material designs that impede sorting or reprocessing shall be replaced by known and effective alternatives."