Council of theEuropean Union
Brussels, 15 March 2024
(OR. en)7859/24
Interinstitutional File:2022/0396(COD)
ENV 313
MI 315
ENT 68IND 161
CONSOM 118
COMPET 331
AGRI 232
FOOD 49
CODEC 820
OUTCOME OF PROCEEDINGS
From:
To:

General Secretariat of the Council
Delegations

No. prev. doc.:

7366/1/24 REV1 + COR 1

No. Cion doc.:

15581/22 + ADD 1 - 5 - COM (2022) 677

Subject:

Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND
OF THE COUNCIL on packaging and packaging waste, amending
Regulation (EU) 2019/1020 and Directive (EU) 2019/904, and repealing
Directive 94/62/EC- Letter to the Chair of the European Parliament Committee on theEnvironment, Public Health and Food Safety (ENVI)

Following the Permanent Representatives Committee meeting of 15 March 2024 which endorsed
the final compromise text, delegations are informed that the Presidency sent the attached letter,
together with the final text agreed in Coreper, to the Chair of the European Parliament Committee
on the Environment, Public Health and Food Safety (ENVI).

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1ENANNEX7859/24

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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)

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 Committee1,
Having regard to the opinion of the Committee of the Regions2,
Acting in accordance with the ordinary legislative procedure,
Whereas:1
2

OJ C […], […], p. […].
OJ C […], […], p. […].

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(1)

Products need appropriate packaging in order to be protected and easy to transport from
where they are to be produced to where they are used or consumed. Prevention of barrierson the internal market for packaging is key for the functioning of the internal market for
products. Fragmented rules and vague requirements cause uncertainty and additional costto the economic operators.

(2)

In addition, packaging uses high amounts of virgin materials, 40 % of plastics and 50 % of
paper use in the Union is for packaging, and represents 36 % of municipal solid waste3.
High and constantly growing levels of packaging generated as well as low levels of re-use
and collection and poor recycling, present significant barriers to achieving a low-carbon
circular economy. ▌This Regulation should therefore establish rules covering the entire
life-cycle of packaging contributing to the efficient functioning of the internal market byharmonising national measures, while preventing and reducing the adverse impacts ofpackaging and packaging waste on the environment and human health. By laying down
measures in line with the hierarchy of waste, this Regulation should contribute to thetransition to a circular economy.
European Parliament and Council Directive 94/62/EC4 lays down requirements for(3)

Member States on packaging, such as essential requirements, which relate to thecomposition of packaging and its reusable and recoverable nature, and sets recovery andrecycling targets.
In 2014, a Fitness Check relating to Directive 94/62/EC5 recommended adaptations to the(4)essential requirements ▌ , which were seen as a key tool to achieve better environmental
performance of packaging, to make them “more concrete and easily enforceable” and tostrengthen them.

3
4
5Eurostat, Packaging waste statistics: https://ec.europa.eu/eurostat/statisticsexplained/index.php?title=Packaging_waste_statistics
European Parliament and Council Directive 94/62/EC of 20 December 1994 on packaging
and packaging waste (OJ L 365, 31.12.1994, p. 10-23).
European Commission (2014), Ex-post evaluation of Five Waste Stream Directives, – SWD(2014)209

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In line with the Green Deal6, the new Circular Economy Action Plan (CEAP)7 commits to(5)

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 thecomplexity of packaging materials and introduce requirements for recycled content inplastic packaging. It also highlights the necessity to reduce food waste. The Commissioncommits to assess the feasibility of Union-wide labelling that facilitates the correct
separation of packaging waste at source.
(6)

Plastic packaging is the most carbon-intensive material and, in terms of fossil fuel use,
recycling of plastic waste is approximately five-times better than incineration with energy
recovery8. Just as the European Strategy for Plastics9 states, CEAP commits to increase
uptake of recycled plastics and contribute to the more sustainable use of plastics. The
Union budget and the system of own resources contribute to reducing pollution fromplastic packaging waste10. As of 1 January 2021, the Council Decision (EU, Euratom)
2020/2053 of 14 December 2020 on the system of own resources of the European Union
introduced a national contribution that is proportional to the quantity of plastic packaging
waste that is not recycled in each Member State. This own resource forms part of the
incentives to reduce the consumption of single-use plastics, foster recycling and boost thecircular economy.

6
7
8

9

10

https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=COM%3A2019%3A640%3AFIN
https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=COM:2020:98:FIN& ▌Amadei A., Ardente F., Garcia-Gutierrez P., Klenert D., Nessi S., Tonini D., Tosches D.,
Saveyn H. (2022), Environmental and economic assessment of plastic waste recycling,
Mechanical, physical and chemical recycling technologies, publication pending.
Communication from the Commission to the European Parliament, the Council, theEuropean Economic and Social Committee and the Committee of the Regions A European
Strategy for Plastics in a Circular Economy COM(2018)28 final.
Council Decision (EU, Euratom) 2020/2053 of 14 December 2020 on the system of own
resources of the European Union and repealing Decision 2014/335/EU, Euratom COM (OJ
L 424, 15.12.2020, p. 1-10).

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5ENThe Council underlined in its Conclusions of December 202011, that the revision of(7)

Directive 94/62/EC should update and establish more concrete, effective and easy to
implement provisions in order to foster sustainable packaging in the internal market andminimise the complexity of packaging in order to foster economically feasible solutions, toimprove the reusability and recyclability of packaging, as well as minimise substances ofconcern in packaging materials, especially concerning food packaging materials, and toprovide for labelling of packaging in an easily understandable way to inform consumers
about the recyclability of packaging and where packaging waste should be discarded tofacilitate ▌ recycling.
(8)

The European Parliament’s Resolution of 10 February 2021 on the New Circular Economy
Action Plan12 reiterated the objective of making all packaging reusable or recyclable in an
economically viable way by 2030 and called on the Commission to present a legislative
proposal including waste reduction measures and targets and ambitious essential
requirements in the Packaging and Packaging Waste Directive to reduce excessive
packaging, including in e-commerce, improve recyclability and minimise the complexityof packaging, increase recycled content, phase out hazardous and harmful substances, andpromote re-use.
This Regulation complements Regulation [Ecodesign for Sustainable Products]13, under(9)

which packaging is not addressed as a specific product category. However, it should berecalled that it is possible for delegated acts adopted on the basis of Regulation [Ecodesign
for Sustainable Products] to establish additional or more detailed requirements for
packaging for specific products, in particular in relation to packaging minimisation where
the design or re-design of products can lead to environmentally less impactful packaging.

11
12
13

https://data.consilium.europa.eu/doc/document/ST-13852-2020-INIT/en/pdf
https://data.consilium.europa.eu/doc/document/ST-14167-2020-INIT/en/pdf
https://www.europarl.europa.eu/doceo/document/TA-9-2021-0040_EN.html
https://commission.europa.eu/energy-climate-change-environment/standards-tools-andlabels/products-labelling-rules-and-requirements/sustainable-products/ecodesignsustainable-products_en7859/24

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(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 oflegal clarity the definition of packaging under the previous Directive 94/62/EC should be
restructured without changing the substance. Sales packaging, grouped packaging andtransport packaging should be defined separately avoiding duplication of terminology.
Consequently, sales packaging corresponds to primary packaging, grouped packaging tosecondary packaging and transport packaging to tertiary packaging.

(10a)

Cups, food containers, sandwich bags or other items, which can perform a packaging
function, should not be considered as being packaging where they are designed andintended to be sold empty by the final distributor. Such items should only be considered
to be packaging where they are designed and intended to be filled at the point of sale, inwhich case they are considered as ‘service packaging’, or sold by the final distributor
containing food and beverages, provided that they perform a packaging function.

(10b)

The definition of primary production packaging should not entail an expansion of
products being considered as packaging in the sense of this Regulation. The
introduction of the definition and its use in the definition of ‘producer’ guarantees thatthe legal or natural person making this kind of packaging available for the first time isconsidered to be the producer in the sense of this Regulation and not the primary sectorbusinesses (e.g., the farmers) using this kind of packaging.

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(11)

An item, which is an integral part of a product and is necessary to contain, support orpreserve that product throughout its lifetime and where all elements of that item areintended 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 aswell 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 theobjective 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 Council1 and ensurescoherence regarding end-of-life financial and operational obligations. Paints, inks,
varnishes, lacquers, and adhesives directly on a product should not be covered by thedefinition of packaging. However, labels hung directly on or attached to a productincluding sticky labels attached to fruits and vegetables do fall within the definition of
packaging, since the adhesive is a glue and not a label. Furthermore, if a given material
composing a packaging unit represents only an insignificant part of the packaging unit,
and in no case more than 5% of its total mass, such a packaging unit should not be
considered as composite packaging. The definition of composite packaging in thisRegulation should not exempt single use packaging partially made of plastics, regardlessof the threshold level, from the requirements of Directive (EU) 2019/904 on the
reduction of the impact of certain plastic products on the environment;(11a)Packaging should be placed on the market only if it complies with the sustainability
requirements and the labelling requirements laid down in this Regulation. Placing on
the market should be considered to take place when the packaging is made available forthe first time on the Union market, supplied by the manufacturer or importer for
distribution, consumption or use in the course of a commercial activity, whether in
return for payment or free of charge. Thus, packaging already placed on the Union
market before the date of application of relevant requirements and in the stocks of
distributors, including retailers and wholesalers should not need to meet thoserequirements.

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(12)

In line with the waste hierarchy set out in ▌ Directive 2008/98/EC, and ▌ with life-cycle
thinking to deliver the best overall environmental outcome, the measures provided forunder this Regulation should aim to reduce the amount of packaging placed on the market
in terms of its volume and weight, and to prevent the generation of packaging waste,especially through packaging minimisation, avoiding packaging where it is not needed, andincreased re-use of packaging. In addition, the measures aim to increase the use ofrecycled content in packaging, in particular in plastic packaging where the uptake ofrecycled content is very low, by strengthening high-quality recycling systems, thereby
increasing recycling rates for all packaging and improving the quality of the resulting
secondary raw materials while reducing other forms of recovery and final disposal.

(12a)

In line with the waste hierarchy which places waste disposal through landfills as theleast preferred option, the measures provided for under this Regulation should aim to
reduce the amount of landfill of packaging waste.

(13)

Packaging should be designed, manufactured and commercialised in such a way as toallow for its re-use as many times as possible or high-quality recycling, and to minimise its
impact on the environment during its entire life-cycle and the life cycle of products, forwhich it was designed. The Commission should be empowered to adopt delegated acts inaccordance with Article 290 of the Treaty on the Functioning of the European Union inorder to supplement this Regulation by establishing a minimum number of rotations forreusable packaging in specific packaging categories.

(14)

In line with the objectives of the Circular Economy Action Plan ▌ and the Chemicals
Strategy for Sustainability14, and to ensure the sound management of chemicals throughout
their life cycle and the transition to a toxic-free and circular economy, and considering therelevance of packaging in everyday life, it is necessary that this Regulation address theimpact of packaging on human health, the environment and on broader sustainability
performance, including circularity, resulting from the presence of substances of concern
throughout the whole life cycle of packaging, from manufacture to use and end-of life,
including ▌ waste management.

14

Communication from the Commission to the European Parliament, the Council, the European Economic
and Social Committee and the Committee of the Regions Chemicals Strategy for Sustainability Towards
a Toxic-Free Environment, COM/2020/667 final.

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(15)

Taking into consideration ▌ scientific and technological progress, packaging should bedesigned and manufactured in such a way as to limit the presence of certain heavy metals
and other substances of concern in its composition. As stated in the Chemicals Strategy for
Sustainability, substances of concern are to be minimised and substituted as far as possible,
phasing out the most harmful ones for non-essential societal use, in particular in consumer
products. Accordingly, substances of concern as constituents of packaging material or of
any of the packaging components should be minimised with the objective to ensure thatpackaging, as well as materials recycled from packaging, do not have any adverse effect onhuman health or the environment, throughout their life-cycle.

(15a)Per- and polyfluoroalkyl substances (PFAS) are a group of thousands of synthetic
chemicals that are used widely in the EU as well as in the rest of the world in a broad
range of applications15. Regarding PFAS tonnage, food contact material and packaging
is one of the most relevant sectors. All PFAS in the scope of this Regulation are either
very persistent themselves, or degrade into very persistent PFAS in the environment.
When looking specifically at human health endpoints considered of most concern
following long-term exposure of humans, i.e. carcinogenicity, mutagenicity,
reproductive toxicity, including effects on or via lactation, and specific target organ
toxicity, a large number of PFAS have a classification for at least one of these fiveendpoints, Based on the physical properties of PFAS, particularly persistence, alongwith identified health effects for some PFAS, PFAS represent an environmental andhuman health hazard.

(15b)

PFAS in food contact materials will inevitably lead to exposure of humans. Due to the
non-threshold nature of the PFAS hazards, exposure to PFAS from food contact
materials is an unacceptable risk for human health. PFAS should therefore be restricted
in food contact packaging. In order to avoid overlaps with the restrictions on the use of
PFAS set out in other Union legislation, the Commission should carry out an evaluation
to assess the need to amend or repeal this restriction.

15

https://echa.europa.eu/documents/10162/1c480180-ece9-1bdd-1eb8-0f3f8e7c0c49

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(15c)

Bisphenol A (BPA) is a chemical compound used in the manufacture of materials thatcome into contact with food, such as reusable plastic kitchenware or linings for cans,mainly as a protective layer. Exposure to BPA, which can occur through its migration
into food and drink and subsequent ingestion by consumers, may pose a risk toconsumers at low levels, following an assessment published in 2023 by the European
Food Safety Authority (EFSA).

(15e)

Considering the ongoing procedure on bisphenol A (BPA), in line with the powers
conferred on the Commission under Regulation (EC) No 1935/2004 on food contact
materials, a restriction on the use of BPA will apply to all food packaging, among otheritems. This proposed restriction is expected to be adopted before the end of 2024, with ageneral transition period of 18 months.

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In line with the Zero Pollution Action Plan16, Union policies should be based on the(16)

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 theEuropean Parliament and of the Council17 and Regulation (EC) No 1272/2008 of theEuropean Parliament and of the Council18 should be reinforced as the cornerstones forregulating chemicals in the Union and that they should be complemented by coherent
approaches to assess and manage chemicals in existing sectorial legislation. Substances inpackaging and packaging components are therefore restricted at source and primarily
addressed under Regulation (EC) No 1907/2006 in accordance with the rules andprocedures laid out under its Title VIII, in order to protect human health and theenvironment, along all stages of the life cycle of the substance, including the waste stage.
Hence, it should be recalled that ▌ that Regulation applies to the adoption or amendmentof 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 inpackaging or packaging components. Concerning packaging falling within the scope ofRegulation (EC) No 1935/2004 of the European Parliament and of the Council19, it should
be recalled that that Regulation applies to ensure a high level of protection of theconsumers of packaged food. It is possible that substances in packaging, packaging
components and packaging waste are also subject to restrictions in other Union legal

16

17

18

19

Communication from the Commission to the European Parliament, the European Council,
the Council, the European Economic and Social Committee and the Committee of theRegions Pathway to a Healthy Planet for All EU Action Plan: ‘Towards Zero Pollution for
Air, Water and Soil’ COM(2021) 400 final.
Regulation (EC) No 1907/2006 of the European Parliament and of the Council of 18
December 2006 concerning the Registration, Evaluation, Authorisation and Restriction ofChemicals (REACH), establishing a European Chemicals Agency, amending Directive
1999/45/EC and repealing Council Regulation (EEC) No 793/93 and Commission
Regulation (EC) No 1488/94 as well as Council Directive 76/769/EEC and Commission
Directives 91/155/EEC, 93/67/EEC, 93/105/EC and 2000/21/EC (OJ L 396, 30.12.2006, p.
1).
Regulation (EC) No 1272/2008 of the European Parliament and of the Council of 16
December 2008 on classification, labelling and packaging of substances and mixtures,
amending and repealing Directives 67/548/EEC and 1999/45/EC, and amending Regulation(EC) No 1907/2006 (OJ L 353, 31.12.2008, p. 1).
Regulation (EC) No 1935/2004 of the European Parliament and of the Council of 27
October 2004 on materials and articles intended to come into contact with food andrepealing Directives 80/590/EEC and 89/109/EEC (OJ L 338, 13.11.2004, p. 4–17).

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acts, such as restrictions and prohibitions established for persistent organic pollutants
under Regulation (EU) 2019/102120.
(17)

In addition to the restrictions set out in Annex XVII to Regulation (EC) No 1907/2006, and▌applicable to food contact materials and articles, and to 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 hexavalentchromium present in packaging or packaging components are established in Commission
Decision 2001/171/EC21 and Commission Decision 2009/292/EC22 adopted underDirective 94/62/EC and should be maintained also under this Regulation. However, inorder to amend or repeal those exemptions ▌, or to lower the concentration limit value forthose metals in this Regulation in order to adapt them to technical and scientific progress,
the power to adopt delegated acts in accordance with Article 290 of the Treaty on the
Functioning of the European Union (TFEU) should be delegated to the Commission. On
the basis of the Commission Communication “Chemicals Strategy for Sustainability
Towards a Toxic-Free Environment” the same limit value for hazardous substances is,
as a principle, to apply for virgin and recycled material. However, there may be
exceptional circumstances where a derogation to that principle may be necessary. Insuch cases, a different limit value for the recycled material compared to virgin materials
should be justified based on a case by case analysis. When amending the existing
exemptions from the concentration levels of lead, cadmium, mercury and hexavalentchromium the Commission should take that principle into consideration.

20
21

22

Regulation (EU) 2019/1021 of the European Parliament and of the Council of 20 June2019 on persistent organic pollutants (OJ L 169, 25.6.2019, p. 45–77)
Commission Decision 2001/171/EC of 19 February 2001 establishing the conditions for aderogation for glass packaging in relation to the heavy metal concentration levels
established in Directive 94/62/EC on packaging and packaging waste, OJ L 62, 2.3.2001, p.
20.
Commission Decision 2009/292/EC of 24 March 2009 establishing the conditions for aderogation for plastic crates and plastic pallets in relation to the heavy metal concentrationlevels established in Directive 94/62/EC of the European Parliament and of the Council on
packaging and packaging waste, OJ L 79, 25.3.2009, p. 44.

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(19)

Without prejudice to the restriction of PFAS, this Regulation should not enable therestriction of the use of substances based on reasons of chemical safety, or for reasons
related to food safety, unless there is an unacceptable risk to human health or theenvironment, including but not limited to the restrictions on lead, cadmium, mercury andhexavalent chromium that were already established on the basis of Directive 94/62/EC andthat should continue to be addressed under this Regulation, given that such restrictions are
addressed under other Union legal acts. It should nevertheless also allow for the restriction▌primarily for reasons other than chemical or food safety, of substances present inpackaging 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 processes.

(20)

Designing packaging with the objective of its recycling, once it becomes packaging waste,
is one of the most efficient measures to improve ▌ packaging circularity, raise packaging
recycling rates and the use of recycled content in packaging. Packaging design forrecycling criteria have been established for a number of packaging formats under voluntaryindustry schemes or by some Member States, which established them for the purpose of
the modulation of extended producer responsibility fees. In order to prevent barriers on theinternal market and to provide industry with a level playing field, and with the objective topromote 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 ▌Union level. In order to meet the objective set out in the CEAP that, by 2030, all packaging
should be recyclable ▌in an economically viable manner, recyclable packaging should bedesigned for material recycling and packaging recyclability performance grades should beestablished based on design for recycling criteria for packaging categories as listed in
Annex II and expressed in grades A, B or C so that the packaging should be considered
recyclable and, consequently, allowed to be placed on the market. When a packaging is
below the grade C it should be considered technically non-recyclable, and its placing on
the market should be restricted. However, packaging should comply with those criteria
only from 1 January 2030 in order to give sufficient time to the economic operators toadapt. From 1 January 2038, packaging should comply with grade B in order to be puton the market.

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(20a)

Material recycling as defined in this Regulation should complement the definitions ofrecycling and material recovery in Directive 2008/98/EC. Material recycling keeps
resources in circulation within the material economy and should therefore not include
the biological treatment of waste. The definition of material recycling under thisRegulation should not affect the calculation of the recycling targets set for Member
States under this Regulation. Those targets and their calculation are based on thedefinition of “recycling” under Directive 2008/98/EC.

(20b)

High-quality recycling implies that the recycled materials, based on their preserved
technical characteristics, are of equivalent or higher quality compared to the original
material and can be used as a substitute to primary raw materials for packaging or
similar applications. The recycled material can be recycled multiple times. To enable theproduction of high quality recycled raw materials, collection of properly sorted
packaging waste is crucial. The difference between material recycling and high-quality
recycling is that material recycling recycles the packaging material into materials, while
high-quality recycling recycles the packaging into materials of such quality that they canbe used as the same quality grade for packaging or other applications where the qualityof the recycled material is retained.

(21)

As design for recycling assessment ▌ does not, in itself, ensure that packaging is recycled
in practice, it is necessary to establish a uniform methodology and a chain of custodymechanism ensuring that the packaging waste is effectively recycled at scale based on theestablished state of the art separate collection and established sorting and recycling
processes, proven in an operational environment. 23 Consequently, from 2035, a newassessment should be carried out based on the quantity (weight) of the material
effectively recycled from each of the packaging categories according to the methodology
and thresholds based on Article 6 paragraph 6. The thresholds for recycled at scale
should be defined taking into account the target for quantity of annual recycled material
set in Article 3(1)(32).

23

https://ec.europa.eu/research/participants/data/ref/h2020/wp/2014_2015/annexes/h2020wp1415-annex-g-trl_en.pdf (europa.eu)

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Predictably, in 2030, Member States will have already reported to the Commission thefirst data on quantities of packaging waste recycled by packaging category in accordancewith the obligations set out in Articles 50(2)(c) and Article 50(4) to monitor them.
The producers, in the case of individual fulfilment of extended producer responsibility
obligations, the entrusted producer responsibility organisations, or the packaging waste
management operators when public authorities are responsible for the organisation of
the management of packaging waste, should make sure that the packaging waste isseparately collected, sorted and material recycled in installed infrastructure using
established processes in a proven operational environment, and should provide the
manufacturer with all the technical documentation ensuring that packaging is recycled
at scale.
(22)

In order to establish harmonised rules on packaging design to ensure its recyclability, thepower to adopt delegated acts should be delegated to the Commission to set out detailed
criteria for packaging design for recycling per packaging categories. The Commission
should also be empowered to adopt implementing acts for the assessment of whether the
packaging is recycled at scale, including for categories of packaging not listed in thisRegulation. ▌(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 corefunction of packaging and has demonstrable environmental benefits, is given ▌ additionaltime of five years to comply with the recyclability requirements. The innovative features
should be justified, especially concerning the use of new materials and the planned
establishment of a recycling path should be explained in the technical documentationaccompanying the packaging. This information should be used, among others, to amend
where necessary the implementing acts on design for recycling criteria. The economic
operator should also notify to the Commission and the competent authority before
placing innovative packaging on the market.

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(24)

In order to protect human and animal health and safety, due to the nature of the packaged
products and the related requirements, it is appropriate that the recyclability requirements
should not apply mandatorily to immediate packaging as defined in ▌ Directive
2001/83/EC of the European Parliament and of the Council24 and in ▌ Regulation (EU)2019/6 of the European Parliament and of the Council25, which are in direct contact withthe medicinal product, as well as outer packaging as defined in the above acts in cases
where such packaging is necessary to comply with specific requirements to preserve thequality of the medicinal product. In addition, the recyclability requirements should not
apply mandatorily to contact sensitive plastic packaging of medical devices covered byRegulation (EU) 2017/745 of the European Parliament and of the Council26 and of in vitro
diagnostics medical devices covered by Regulation (EU) 2017/746 of the European
Parliament and of the Council27, of contact sensitive plastic packaging for foods intended
for infants and young children and food for special medical purposes covered byRegulation (EU) No 609/2013 of the European Parliament and of the Council28as wellas packaging used for transport of dangerous goods as set by Directive 2008/68/EC.
Sales packaging made from lightweight wood, cork, textile, rubber, ceramic or porcelain
should also be exempted, except from paragraph 6aa, since they are placed on themarket in very small quantities, i.e. each category amounts to less than 1% of the weightof the packaging placed in the Union market.

24

25

26

27

28

Directive 2001/83/EC of the European Parliament and of the Council of 6 November 2001
on the Community code relating to medicinal products for human use (OJ L 311,
28.11.2001, p. 67).
Regulation (EU) 2019/6 of the European Parliament and of the Council of 11 December
2018 on veterinary medicinal products and repealing Directive 2001/82/EC (OJ L 4,
7.1.2019, p. 43).
Regulation (EU) 2017/745 of the European Parliament and of the Council of 5 April 2017
on medical devices, amending Directive 2001/83/EC, Regulation (EC) No 178/2002 andRegulation (EC) No 1223/2009 and repealing Council Directives 90/385/EEC and93/42/EEC (OJ L 117, 5.5.2017, p. 1).
Regulation (EU) 2017/746 of the European Parliament and of the Council of 5 April 2017
on in vitro diagnostic medical devices and repealing Directive 98/79/EC and Commission
Decision 2010/227/EU (OJ L 117, 5.5.2017, p. 176).
Regulation (EU) No 609/2013 of the European Parliament and of the Council of 12 June2013 on food intended for infants and young children, food for special medical purposes,
and total diet replacement for weight control and repealing Council Directive 92/52/EEC,
Commission Directives 96/8/EC, 1999/21/EC, 2006/125/EC and 2006/141/EC, Directive
2009/39/EC of the European Parliament and of the Council and Commission Regulations(EC) No 41/2009 and (EC) No 953/2009 (OJ L 181, 29.6.2013, p. 35).

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(25)

Some Member States are taking action to encourage recyclability of packaging throughmodulation 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 ofextended 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 themodulation of extended producer responsibility fees based on the recyclability
performance grade obtained through recyclability assessment, while not setting the actual
amounts of such fees. As the criteria should be related to the criteria on packaging
recyclability, it is appropriate to empower the Commission to adopt such harmonised
criteria at the same time as establishing the detailed design for recycling criteria per
packaging categories.

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(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 andnegative environmental impacts related to the use of primary raw materials, and allows fora 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 theseconcerns in the most appropriate manner, it is necessary to increase the uptake of recycledplastics, by establishing mandatory targets for recycled content in plastic packaging atdifferent levels depending on the contact-sensitivity29 of different plastic packaging
applications, and ensuring that the targets become binding by 2030. In order to ▌ensure
packaging circularity on an incremental basis, increased targets should apply as of 2040.

29

Contact sensitive packaging refers to plastic packaging of products covered by Regulation(EC) No 1831/2003 of the European Parliament and of the Council of 22 September 2003
on additives for use in animal nutrition (OJ L 268, 18.10.2003, p. 29), Regulation (EC) No
1935/2004 of the European Parliament and of the Council of 27 October 2004 on materials
and articles intended to come into contact with food (OJ L 338 13.11.2004, p. 4), Regulation(EC) No 767/2009 of the European Parliament and of the Council of 13 July 2009 on theplacing on the market and use of feed, amending European Parliament and Council
Regulation (EC) No 1831/2003 and repealing Council Directive 79/373/EEC, Commission
Directive 80/511/EEC, Council Directives 82/471/EEC, 83/228/EEC, 93/74/EEC,
93/113/EC and 96/25/EC and Commission Decision 2004/217/EC (OJ L 229, 1.9.2009, p.
1), Regulation (EC) No 1223/2009 of the European Parliament and of the Council of 30
November 2009 on cosmetic products (recast) (OJ L 342, 22.12.2009, p. 59), Regulation(EU) 2017/745 of the European Parliament and of the Council of 5 April 2017 on medical
devices, amending Directive 2001/83/EC, Regulation (EC) No 178/2002 and Regulation(EC) No 1223/2009 and repealing Council Directives 90/385/EEC and 93/42/EEC (OJ L
117, 5.5.2017, p. 1), Regulation (EU) 2017/746 of the European Parliament and of theCouncil of 5 April 2017 on in vitro diagnostic medical devices and repealing Directive
98/79/EC and Commission Decision 2010/227/EU (OJ L 117, 5.5.2017, p. 176), Regulation(EU) 2019/4 of the European Parliament and of the Council of 11 December 2018 on the
manufacture, placing on the market and use of medicated feed, amending Regulation (EC)No 183/2005 of the European Parliament and of the Council and repealing Council
Directive 90/167/EEC (OJ L 4, 7.1.2019, p. 1), Regulation (EU) 2019/6 of the European
Parliament and of the Council of 11 December 2018 on veterinary medicinal products andrepealing Directive 2001/82/EC (OJ L 4, 7.1.2019, p. 43), Directive 2001/83/EC of theEuropean Parliament and of the Council of 6 November 2001 on the Community code
relating to medicinal products for human use (OJ L 311, 28.11.2001, p. 67) and Directive
2008/68/EC of the European Parliament and of the Council of 24 September 2008 on theinland transport of dangerous goods (OJ L 260, 30.9.2008, p. 13–59).

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(27)

It should be clarified ▌that paper material resulting from the wood pulping process should
not be considered as falling within the definition of plastic under this Regulation.

(28)

In order to ensure a high level of human and animal health protection in accordance withrequirements in Union law and to avoid any risk to the security of supply and to the safetyof medicines and safety of medical devices ▌ , it is appropriate to exclude from theobligation of a minimum recycled content in plastic packaging ▌ immediate packaging as
defined in ▌ Directive 2001/83/EC and in ▌ Regulation (EU) 2019/6, as well as ▌ contact
sensitive plastic packaging of medical devices covered by Regulation (EU) 2017/745 and▌ contact sensitive packaging of in vitro diagnostics medical devices covered byRegulation (EU) 2017/746 and for contact-sensitive plastic packaging of foods only
intended for infants and young children and food for special medical purposes covered
by Regulation (EU) No 609/2013.. That exclusion should also apply to outer packaging of
human and veterinary medicinal products as defined in ▌ Directive 2001/83/EC and in ▌Regulation (EU) 2019/6 in cases where it has to comply with specific requirements topreserve the quality of the medicinal product.

(28a)

In order to achieve the targets for the integration of recycled content referred to in thisRegulation, the Commission should publish, no later than 3 years after entry into force,a review of the state of technological development and environmental performance of
bio-based plastic packaging and where appropriate present a legislative proposal withsustainability requirements and targets.

(29)

In order to prevent barriers on the internal market and ensure the efficient implementationof the obligations under this Regulation, economic operators should ensure that the plastic
part in packaging contains a certain minimum percentage of recycled content recoveredfrom post-consumer plastic waste, per packaging type and format (listed in Table 1 ofAnnex II), manufacturing plant and year.

(29a)

Using the manufacturing plant as a basis for calculation means that a packaging
manufacturer will have some flexibility in reaching the minimum percentage of recycledcontent. Manufacturing plant should be understood as referring only to one industrial
facility where packaging is manufactured.

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(30)

There should be an incentive for economic operators to increase the recycled content in theplastic part of packaging. One way to achieve this is to ensure the modulation of extended
producer responsibility fees based on the percentage of recycled content in packaging. The
fee modulation in such cases should be based on common rules for the calculation andverification of the recycled content contained in such packaging. In this context, Member
States should be allowed to maintain existing systems granting prior and fair access torecycled material in order to meet the minimum recycled content targets provided thatthey comply with the requirements in this Regulation.
Furthermore, priority access should be granted at market prices for the recycledmaterials and the amount of recyclates to which priority access is given should
correspond to the amount of packaging placed on the market of the respective Member
State by the economic operator in the course of a specified timeframe.

(31)

In order to ensure uniform conditions for the implementation of the rules on calculating
and verifying, from post-consumer plastic waste, per packaging type and format (listed inTable 1 of Annex II), manufacturing plant and year, the share of recycled content
obtained from the recovery of the post-consumer plastic waste present, considering theenvironmental impact of the recycling process and establishing the format for technicaldocumentation, the Commission should be empowered to adopt implementing provisions,in accordance with ▌ Regulation (EU) No 182/2011 of the European Parliament and of theCouncil30.

(31a)

In order to provide an internal market for high-quality recycling of plastics and the useof secondary raw materials, the plastic part in packaging placed on the market should
contain a certain minimum percentage of recycled content recovered from postconsumer plastic waste per packaging type and format (listed in Table 1 of Annex II),
calculated per manufacturing plant and year. The packaging type should be understoodas referring to the predominant polymer the packaging is made of, while packaging
format should be understood as referring to the size and shape of a specific packaging
unit.

30

Regulation (EU) No 182/2011 of the European Parliament and of the Council of 16
February 2011 laying down the rules and general principles concerning mechanisms forcontrol by Member States of the Commission’s exercise of implementing powers (OJ L 55,
28.2.2011, p. 13).

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(31b)A high level of protection of environment and human health, in particular with regard to
the level of emissions into the air, water and soil is necessary for several reasons. First,
climate change is a global phenomenon that has no boundaries and its effects do nothave a direct connection to the source of GHG emissions: countries with low GHG
emissions can experience effects of climate change that are disproportionate to theirindividual contributions to the global GHG emissions. Second, water systems areinterconnected, including via oceanic currents and past experience shows that pollution,
including related to plastic waste, happening in one part of the planet can widely spreadto other oceans and continents. Third, emissions into the soil can have not only local,
but transboundary effects, especially when those emissions pass into the water circuits innature.
The promotion of the use of recycled content in plastic packaging is based on thepremise that the recycled content itself was produced in an environmentally sustainable
way, so that the carbon footprint is reduced and the circular economy is encouraged. To
that end, certain safeguards need to be put in place in order to ensure that the way inwhich recycled content is obtained does not cancel out the environmental benefits ofusing such recycled content in subsequent plastic packaging. Therefore, it is necessary
to address the related environmental concerns in a non-discriminatory manner withregard to both domestically produced and imported plastic packaging.
To that end, imports into the Union should be subject to equivalent conditions withregard to emissions and separate collection and sustainability criteria for recycling
technologies.

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Separate collection of plastic waste is essential to have a direct, positive impact on thecollection rate, on the quality of the collected material and the quality of the recyclates,
It enables high-quality recycling and it boosts the uptake of quality secondary raw
materials. Moving closer to a ‘recycling society’ helps to avoid waste generation and touse waste as a resource, avoiding to lock in resources at the lower levels of the wastehierarchy, with detrimental effects on the environment and disregarding
environmentally sound management of waste. Separate collection also avoids the mix
between hazardous and non-hazardous waste, ensuring the safety of the waste and of
their shipment and avoiding pollution, as provided by international rules such as theBasel Convention on the Control of Transboundary Movements of Hazardous Wastes
and their Disposal, the United Nations Convention on the Law of the Sea of 10
December 1982 (UNCLOS), the Convention on the Prevention of Marine Pollution by
Dumping of Wastes and Other Matter of 29 December 1972 (‘London Convention’) andits 1996 Protocol (‘London Protocol’), Annex V to the International Convention for thePrevention of Pollution from Ships 1973 (MARPOL), as modified by the Protocol of1978 relating thereto. Furthermore, the discussion at international level within the
different meetings of the Intergovernmental Negotiating Committee to develop aninternational legally binding instrument on plastic pollution, including in the marine
environment under the auspices of the UN Environmental Programme (“INC on Plastic
Pollution”) have demonstrated at international level the need to step up action
concerning separate collection of plastics to limit its environmental impacts and to boost
circular economy, in order to prevent the generation of waste and reduce theexploitation of natural resources, and the will of possible contracting Parties to adopt
measures in that direction.

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The 1979 UNECE Convention on Long-Range Transboundary Air Pollution requires
the parties to protect the environment against air pollution and to endeavour to limit
and, as far as possible, gradually reduce and prevent air pollution including long-range
transboundary air pollution. Under the UNECE Convention on the Protection and Useof Transboundary Watercourses and International Lakes, parties are required to takemeasures to prevent, control and reduce any transboundary impact of water pollution. Inline with the 1992 Rio Declaration of the UNCED, the polluter should, in principle, bear
the cost of pollution. Hence, industrial activities such as recycling of plastic, shouldcome in hand with pollution prevention and reduction measures. The environmental
objective of promoting contents recovered from post-consumer plastic waste requiresthat the plastic recycling is done in a way that minimises the resulting pollution.
Otherwise, the industrial pollutions emitted in the course of recycling would reduce or
eliminate the environmental added value of encouraging the use of recycled plastic
contents.
Sustainability criteria should be developed with regard to recycling technologies forpost-consumer plastic waste. They should ensure a high level of protection ofenvironment and human health, in particular with regard to the level of emissions into
the air, water and soil and resource efficiency. Accordingly, recycling should be
performed in an environmentally sound manner, leading to the high quality of recycling
processes and products, and ensuring high standards for the recycling sectors. By
ensuring the appropriate level of sustainability of the recycling technology and,
consequently, the recyclate, the promotion of the use of recycled content in plastic
packaging becomes an environmentally responsible measure. Discussions during themeetings of the INC on Plastic Pollution under also stress the importance of ensuringthat recycling technologies operate in an environmentally sound manner.

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(31c)The methodology for assessing, verifying and certifying, included through third-party
audit, the equivalence of the rules applied in case the recycled content recovered frompost-consumer plastic waste is recycled and collected outside the Union should ensure ahigh level of protection of environment and human health, in particular with regard to
the level of emissions into the air, water and soil, taking into account the need to ensurethat recycling is performed in an environmentally-sound manner, the possibility toensure high quality recycling, the level of the quality standards for the recycling sectors,
and the level of resource efficiency. Such considerations are key to achieving circularityof resources, and therefore putting less pressure on exhaustible natural resources.

(32)

It should be recalled that food contact materials containing recycled plastic should
comply with the requirements laid down in Regulation (EU) 2022/1616, which includes
requirements on recycling technologies. Regarding plastic packaging, except where it ismade from polyethylene terephthalate (PET), it is appropriate, sufficiently ahead of thedate of application of the related recycled content requirements, to re-assess the availabilityof suitable recycling technologies for such plastic packaging, also with respect to the stateof authorisation under relevant Union rules, and the installation in practice of suchtechnology. Based on that assessment, there might be a need to provide for derogations
from the recycled content requirements for specific contact sensitive plastic packaging
concerned, or to revise the derogations. To that end, the power to adopt acts in accordancewith Article 290 of the TFEU should be delegated to the Commission.

(33)

In order to take into account the risks related to a possible insufficient supply of a specificplastic 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
TFEU should be delegated to the Commission in respect of temporarily amending thetargets for mandatory recycled content in plastic packaging. In evaluating the justificationof such a delegated act, the Commission should assess well-reasoned requests from naturaland legal persons.

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(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 thedevelopment in the legal and economic environment and the consumers` expectations.
Nonetheless, the Commission should monitor closely the use of recycled content inpackaging materials other than plastics and should assess the appropriateness of proposing
to establish further measures, including setting targets, aiming to increase the use ofrecycled content in packaging other than plastic packaging.

(35)

The bio-waste waste stream is often contaminated with conventional plastics and thematerial recycling streams are often contaminated with compostable plastics. This crosscontamination leads to waste of resources, lower quality secondary raw materials andshould be prevented at source. In that sense, for compostable packaging Member Statesshould specify the appropriate waste management on their territory. As the proper
disposal route for compostable plastic packaging is becoming increasingly confusing for
consumers, it is justified and necessary to lay down clear and common rules on the use ofcompostable plastic packaging, mandating it only when its use brings a clear benefit for theenvironment or for human health. This is particularly the case when the use of compostable
packaging helps collect or dispose of bio-waste, for example for products where theseparation between the content and packaging is particularly complex, such as tea bags.

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(36)

For limited packaging applications made of biodegradable plastic polymers, there is ademonstrable environmental benefit of using compostable packaging, which enterscomposting plants, including anaerobic digestion facilities under controlled conditions.
Furthermore, where Member States apply the provision established in second paragrapharticle 22(1) of Waste framework directive and appropriate waste collection schemes andwaste treatment infrastructures are available in those Member States, there should be a ▌flexibility in deciding whether to allow, on its territory, the use of compostable packaging
for coffee, tea or other beverage system single-serve units if composed of other thanmetal packaging material, very lightweight plastic carrier bags and lightweight plastic
carrier bags and other packaging that Members Stats had required them to becompostable before this Regulation. In order to avoid consumer confusion about thecorrect disposal route and considering the environmental benefit of circularity of the
carbon, all other ▌ packaging should go into material recycling and the design of suchpackaging should ensure that it does not affect the recyclability of other waste streams.

(36b)

In addition, the biodegradable waste should not lead to the presence of contaminants inthe compost. The requirements of EN 13432 "Packaging - Requirements for packaging
recoverable by composting and biodegradation - Test scheme and evaluation criteria for
final acceptance of packaging" should be revised with regard to composting times,
permissible levels of contamination and restrictions on the release of microplastic toallow these materials to be processed in bio-waste treatment facilities in an appropriatemanner. In addition, a similar standard for home-composting should be established in
the Union.

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As described in the EU policy framework31, compliance with standards for industrial(36a)

composting does not imply decomposition in home composting. In industrial composting,the required conditions are high temperatures and high humidity levels. In homecomposting, which is carried out by private individuals, including in communities, theactual conditions depend very much on local climate circumstances and consumer
practices. Hence, biodegradation in home-composting risks being slower than inindustrial composting, or not to be completed. Especially, home composting for plastic
packaging should only be considered for specific applications and in the context ofspecific local conditions under the supervision of the relevant authorities.
(37)

Where justified and appropriate due to technological and regulatory developments
impacting the disposal of compostable plastics and under the specific conditions ensuringthat the use of such materials is beneficial for the environmental and human health, theCommission should present, where appropriate, a legislative proposal to amend ▌ the listof compostable packaging.

31

EU policy framework on biobased, biodegradable and compostable plastics. Published
30th Nov 2022. https://environment.ec.europa.eu/publications/communication-eu-policyframework-biobased-biodegradable-and-compostable-plastics_en7859/24

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(38)

In order to facilitate conformity assessment with requirements on compostable packaging,
it is necessary to provide for presumption of conformity for compostable packaging in linewith harmonised standards adopted in accordance with Regulation (EU) No 1025/2012 of
the European Parliament and of the Council32. When doing so, detailed technicalspecifications of those requirements should be taken into account, in line with the latest
scientific and technological developments. The parameters, including composting times
and admissible levels of contamination, should reflect the actual conditions in bio-waste
treatment facilities, including anaerobic digestion processes. The current standard forindustrial composting will no longer provide for presumption of conformity since itneeds to be revised and replaced by an updated version. However, before there is a new,or updated, harmonised standard available, the current standard can be used as
guidance. Regarding home compostable packaging, the Commission should request thedevelopment an EN-standardisation as appropriate.

(39)

It should be recalled that all packaging intended to come into contact with food or alreadyin contact with food, including compostable packaging, has to meet the requirements set
out in ▌ Regulation (EC) No 1935/2004. Where appropriate, the documentation andinformation required according to the Union legislation on food contact materials canalso be used as part of the information and documentation required in this Regulation.

32

Regulation (EU) No 1025/2012 of the European Parliament and of the Council of 25
October 2012 on European standardisation, amending Council Directives 89/686/EEC and93/15/EEC and Directives 94/9/EC, 94/25/EC, 95/16/EC, 97/23/EC, 98/34/EC, 2004/22/EC,
2007/23/EC, 2009/23/EC and 2009/105/EC of the European Parliament and of the Council
and repealing Council Decision 87/95/EEC and Decision No 1673/2006/EC of the European
Parliament and of the Council Text with EEA relevance (OJ L 316, 14.11.2012, p. 12).

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(40)

Packaging should be designed so as to minimise its volume and weight while maintaining
its ability to perform the packaging functions and enable recyclability. The manufacturerof 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 reducepackaging and packaging waste generation and to improve circularity of packaging acrossthe internal market, it is appropriate to further specify the existing criteria and to makethem more stringent. The list of the packaging performance criteria, as listed in the existingharmonised standard EN 13428:200433, should therefore be modified. However, before
there is a new or updated harmonised standard available, the existing standard, EN
13428:2004, can be used. While marketing and consumer acceptance remain relevant for
packaging design, they should not be part of performance criteria justifying on their own
additional packaging weight and volume. However, this should not compromise productspecifications for craft and industrial products and food and agricultural products withpackaging is registered and protected under the EU geographical indication protection
scheme, as part of the Union’s objective to protect cultural heritage and traditional knowhow including Regulation EU No 1308/2013 for wine, Regulation EU No 2019/787 forspirit drinks, or covered by quality schemes referred to in Regulation EU No 1151/2012 .
It should also not compromise packaging design protected under Union or Member
States design or trademark legislation or international agreements having effect in oneof the Member State. This exception is justified only to the extent that the new rules on
packaging minimisation will affect the shape of the packaging in such a way that thetrademark can no longer distinguish the marked good from those of another
undertaking, and the design can no longer keep its new and individual characteristics.
In order to avoid the risk of abuse, the exemption should apply only to trademark anddesign rights protected before [date of entry into force of this Regulation]. On the other
hand, recyclability, the use of recycled content, and re-use may justify additional
packaging weight or volume, and should be added to the performance criteria. Packaging
with double walls, false bottoms and other characteristics only aimed to increase theperceived product volume should not be placed on the market, as it does not meet therequirement for packaging minimisation. The same rule should apply to superfluous
packaging not necessary for ensuring packaging functionality.

33

Packaging – Requirements specific to manufacturing and composition – Prevention bysource reduction.

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(41)

In order to comply with the packaging minimisation requirements, particular attention
should be paid to limiting the empty space in grouped and transport packaging, including
e-commerce packaging.

(42)

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

(43)

To promote the circularity and sustainable use of packaging, reusable packaging andsystems for re-use should be incentivised. For that purpose, it is necessary to clarify thenotion of reusable packaging and to ensure that it is linked not only to the packaging
design, which should enable the highest possible number of ▌ 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 requirementson 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 technicalspecifications 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.

(44)

It is necessary to inform consumers and to enable them to appropriately dispose of any
packaging waste ▌ . The most appropriate manner to do this is to establish a harmonisedlabelling system based on the material composition of packaging for sorting of waste, andto pair it with corresponding labels on waste receptacles. The need for such a harmonisedlabelling system to be recognised by all citizens irrespective of their circumstances, suchas age and language knowledge, should be a guiding factor in their design. This can beachieved through the use of pictograms with minimal language used. This would also
serve to minimise the costs for translation of language used, which would otherwise berequired.

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(44a)

Sorting is an essential step to ensure greater circularity of packaging. The improvementof sorting capacities, notably through technological innovations, should be encouraged
in order to allow a better quality of sorting, and thus a better quality of feedstock forrecycling.

(45)

To facilitate consumers in the sorting and disposing of packaging waste, a system of
harmonised symbols should be introduced and required to be placed both on packaging andon waste receptacles, thus allowing consumers to match the symbols for the purposes ofdisposal. The symbols should enable appropriate waste management as it should provide
consumers with information about the composting properties of such packaging, inparticular to avoid consumer confusion that compostable packaging is not as such suitablefor home-composting or to avoid that compostable packaging is thrown away in nature,but only compostable in industrially controlled conditions. 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 withthe mandatory deposit and return systems established after the entry into force of theregulation. Member States may require the use of such harmonised label on packaging
subject to deposit and return systems established, by virtue of national law, before theentry into force of this Regulation. 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.

(46)

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 andthey 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.

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(46a)

Labelling of biobased plastic content in packaging should also not be mandatory as
there are a number of conditions that biobased plastic have to meet to ensuresustainability and more scientific evidence is necessary to ensure that, over their whole
life-cycle, the use of biobased plastic is in line with the principles of circular economy as
set out in the Communication from the Commission on an EU policy framework on
biobased, biodegradable and compostable plastic.35 However, manufacturers may wish todisplay that information on their packaging to inform consumers of the biobased plastic
content in that packaging. To ensure that this information is communicated in aharmonised manner across the Union, a label to indicate the biobased plastic content
should be harmonised.

(47)

In order to inform end users about reusability, availability of systems for re-use andlocation of collection channels as regards reusable packaging, such packaging should beara QR code or other data carrier that provides such information. The QR code or other typeof standardised, open, digital data carrier should contain information which facilitatestracking and the calculation of trips and rotations, or an average estimation if that
calculation is not feasible. This label should be voluntary for open loop systems which
do not have a system operator. In addition, reusable sales packaging should be clearly
identified at the point of sale.

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(48)

There should be no multiplication of labels on packaging. In order to avoid this, whereother Union legislation requires information on the packaged product to be available
digitally through a data carrier, the information required for the packaging under thisRegulation 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 thisRegulation or other applicable Union legislation. In particular, where the packaged productis covered by the Regulation [Ecodesign for Sustainable Products] or other Union
legislation requiring a digital product passport, that digital product passport should also be
used for providing the relevant information under this Regulation. Where packaging
contains substances of concern, it should be marked using a standardised digital
marking technology as established in implementing acts adopted by the Commission.
This information should enable promoting circularity and to ensure that waste operators
have access to relevant information on chemical composition to determine the mostappropriate waste management option, according to the waste hierarchy, thus promoting
packaging circularity.

(49)

To support the implementation of the objectives of this Regulation, consumers should beprotected from misleading and confusing information about packaging characteristics andits appropriate end-of-life treatment, for which harmonised labels have been establishedunder this Regulation. It may be possible to identify packaging included in the extended
producer responsibility scheme by a corresponding symbol throughout the territory of that
scheme only by means of a QR code or other standardised digital marking technology inorder to signify that the producer fulfils its extended producer responsibility obligations.
That symbol should be clear and unambiguous to consumers or users as to therecyclability of packaging.

(49a)

Packaging covered by mandatory deposit and return systems should bear a label
informing the consumers that such packaging is covered by the system and therefore
should be collected through specific collection channels that are authorised for that
purpose by national authorities. This label should be a harmonised EU label establishedby the Commission. Member States may require the use of such harmonised label on
packaging subject to deposit and return systems established by virtue of national law
before the entry into force of this Regulation.

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(49b)

Directive 2005/29/EC works as a ‘safety net’ ensuring a high level of consumer
protection in all sectors, complementing more detailed requirements in sector or
product-specific Union law, unless in case of conflict between this Directive and other
Union rules related to specific aspects of unfair commercial practices, where the lattershould prevail and apply to those specific aspects. [The proposal for a Directive
amending Directives 2005/29/EC and 2011/83/EU as regards empowering consumers forthe green transition through better protection against unfair practices and better
information, provides that displaying a voluntary sustainability label, which does notmeet certain requirements, constitutes an unfair commercial practice.](50)

In order to ensure uniform conditions for the implementation of the labelling requirements,▌ implementing powers should be conferred on the Commission to further improve wastesorting, to establish the conditions for identifying the material composition of packaging
by means of standardised, open, digital technologies, and to lay down detailed
harmonised specifications for the labelling requirements for packaging and waste
receptacles established under this Regulation. When developing these specifications, theCommission should keep linguistic elements to a minimum and take into accountscientific or other available technical information, including relevant international
standards. The harmonised labelling of packaging subject to a deposit and return systemshould be designed with consideration given to the variation in the deposit being
charged, which may exist between Member States. In view of the new system,
Commission Decision 97/129/EC34 should be repealed as of 42 months after the date ofentry into force of this Regulation and its content incorporated into this implementing act.

(51)

Economic operators should ensure that packaging complies with the requirements under
this Regulation. They should take appropriate measures to ensure such compliance inrelation to their respective roles in the supply chain in order to ensure the free movement of
packaging in the internal market and to improve its sustainability.

34

Commission Decision of 28 January 1997 establishing the identification system for
packaging materials pursuant to European Parliament and Council Directive 94/62/EC on
packaging and packaging waste (OJ L 50, 20.2.1997, p. 28–31).

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(52)

The manufacturer, having detailed knowledge of the design and production process, is bestplaced to carry out the conformity assessment procedure provided for under thisRegulation. Such conformity assessment should therefore remain solely the obligation of
the manufacturer.

(53)

It should be ensured that suppliers of packaging or packaging materials provide the
manufacturer with all the information and documentation necessary for the manufacturer todemonstrate the conformity of the packaging and the packaging materials. That
information and documentation should be provided in either paper or electronic form.

(54)

In order to safeguard the functioning of the internal market, it is necessary to ensure thatpackaging from third countries entering the Union market complies with this Regulation,
whether imported as standalone packaging or in association with a packaged product. In
particular, it is necessary to ensure that appropriate conformity assessment procedures havebeen carried out by manufacturers with regard to that packaging. Importers should
therefore ensure that the packaging they place on the market complies with thoserequirements and that documentation drawn up by manufacturers are available forinspection by the competent national authorities.

(55)

When placing packaging on the market, every importer should indicate on the packaging
their name, registered trade name or registered trademark as well as their postal address
and, where available, electronic means of communication through which it can becontacted. Exceptions should be provided for in cases where the packaging does not allow
for such indications.

(56)

As the distributor makes packaging available on the market after it has been placed thereby the manufacturer or importer, they should act with due care in relation to the applicablerequirements of this Regulation. The distributor should also ensure that their handling of
the packaging does not adversely affect its compliance with those requirements.

(57)

As distributors and importers are close to the marketplace and have an important role inensuring 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
packaging concerned.

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(58)

Any importer or distributor that either places on the market packaging under their own
name or trademark, or modifies such a packaging in such a way that compliance with thisRegulation might be affected, should be considered to be the manufacturer and should
assume the manufacturer’s obligations.

(59)

Ensuring packaging’s traceability throughout the whole supply chain facilitates the market
surveillance authorities' task of tracing economic operators who placed on the market or
made available on the market non-compliant packaging. The economic operators should
therefore be required to keep the information on their transactions for a certain period of
time.

(60)

The problem of excessive packaging waste generation cannot be fully addressed by setting
obligations on packaging design. For certain packaging types, obligations to reduce theempty space ratio should be set on economic operators who fill or otherwise use suchpackaging. In case of grouped, transport and e-commerce packaging used for supply of
products to final distributors or end-user, the empty space ratio should not exceed 50%. In
line with the waste hierarchy and to promote packaging innovation with the aim of
packaging waste reduction, it should be possible for economic operators using sales
packaging as e-commerce packaging to be exempted from this obligation. That obligation
shall not apply to reusable packaging.

(61)

In order to ensure a high level of environmental protection in the internal market as well asa high level of food safety and food hygiene ▌and facilitate the achievement of the
packaging waste prevention targets, unnecessary or avoidable packaging should not beallowed 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 scientificprogress the power to adopt acts in accordance with Article 290 of the TFEU should bedelegated to the Commission. The Commission should publish guidelines explaining in
more detail Annex V, including examples of the packaging and guidance as regards the
exemptions to the restrictions.

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(62)

In order to further the aim of circularity and sustainable use of packaging, it is necessary tolimit the risk that packaging marketed as reusable is not re-used in practice and to ensurethat consumers return reusable packaging. The most appropriate manner to achieve this isto oblige economic operators, who use reusable packaging, to ensure that a system for reuse is put in place, thus allowing such packaging to circulate, rotate and be repeatedlyused. 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 a system for re-use should also be a part of the technical documentation ofsuch packaging. Reuse systems can vary in size and geographical coverage and range
from smaller local systems to larger systems that may span over one or several Member
States’ territory.

(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 isused 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 isnecessary for meeting the prevention targets as set out in this Regulation.

(66)

Where economic operators offer the possibility to purchase products through refill, theyshould ensure that their refill stations meet certain requirements in order to ensure thehealth 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 therefill stations. Economic actors should be exempted from liability for food safety
problems that could arise from the use of containers provided by consumers.

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(67)

In order to reduce the increasing proportion of packaging that is single use and the growing
amounts of packaging waste generated, it is necessary to establish quantitative re-use ▌targets on packaging in sectors, which have been assessed as having the greatest potential
for packaging waste reduction, namely food and beverages for take-away, large-white
goods and transport packaging. This was appraised based on factors such as existing
systems for re-use, necessity of using packaging and the possibility of fulfilling thefunctional requirements in terms of containment, tidiness, health, hygiene and safety.
Differences of the products and their production and distribution systems ▌ were also
taken into account. The implementation of such targets should take into account theenvironmental benefits achieved throughout the whole life cycle of a product. The settingof the targets is expected to support the innovation and increase the proportion of re-use
and refill solutions. ▌Single use packaging for food and beverages filled and consumed,
within the premises in the HORECA sector should not be allowed. Consumers should
always have the option to purchase food and beverages for take-away in reusable or
their own containers at conditions not less favourable than food and beverages offeredin single-use packaging. Economic operators selling food or beverages for take-away
should offer consumers the option to purchase the food or beverages in their own
containers and the option to purchase food and beverages in reusable packaging.

(67aa) Under certain conditions, Member States should be able to exempt economic operatorsfrom re-use obligations for a renewable period of 5 years. These conditions should be
related to high recycling and applicable waste prevention rates in the exempting Member
State, including a first intermediary waste prevention rate of 3% by 2028, as well as the
adoption of a corporate waste prevention and recycling plan by the economic operators.
(67a)

Placing on the market of packaging subject to the Article 22(1) Annex V points 3 and 4of this Regulation for means of transport operating cross border, where catering services
are available on-board, such as aircrafts, planes, trains, cruise ships, ferries, yachts andboats should be understood as travelling with that packaging to or within the European
Union. Travelling within European Union should be understood as a situation where thetransport vehicle departs from and arrives at a destination located in the European
Union.

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(68)

To increase their effectiveness and ensure the equal treatment of economic operators, there-use ▌ targets should be placed on the economic operators. In the case of targets forbeverages, these should be ▌ placed ▌ on the final distributors. Some specific beverages
considered perishable, which are sensitive to microbiological spoilage cause by bacteria
or yeasts, need specific aseptic technology to protect them from spoilage while keeping along shelf life. Therefore, milk and other perishable beverages should be exempted fromthe obligation to meet the beverage packaging re-use targets. The targets should be
calculated as a percentage of sales, volume or weight sold in reusable packaging within asystem for re-use or ▌ , in the case of transport packaging, as a percentage of number oftimes used. The targets should be material neutral. In order to ensure uniform conditions
for the implementation of targets for re-use, implementing powers should be conferred on
the Commission as regards the methodology for their calculation ▌ .

(69)

In some cases, the use of single use transport packaging formats is not necessary, as there
is a wide range of well-functioning reusable alternatives. In order to ensure that suchalternatives are effectively used, it is appropriate to require economic operators, whentransporting products between different sites of the same economic operator or between theeconomic operator and the linked or partner enterprises, to only use ▌ reusable transport
packaging with respect to packaging formats such as pallets, foldable plastic boxes, plastic
crates, intermediate bulk containers, both rigid and flexible, or drums. The same obligation
should, for the same reasons, apply to economic operators transporting products within one
Member State. For some specific transport packaging, which is the case for cardboard
boxes, reusable alternatives cannot be an option for contact sensitive products, which
need specific washing in between uses and for other applications the number ofrotations is very low. Therefore, cardboard boxes should be exempted from theobligation to meet the transport packaging re-use targets.

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(70)

Achieving re-use and refill targets can be challenging for smaller economic operators.
Therefore, certain economic operators should be exempted from the obligation to meet the
packaging re-use targets if they place less than a certain volume of packaging on themarket, and fulfil the definition of micro-enterprise under Commission Recommendation
2003/361/EC35, or have a sales area ▌ under a certain surface limit. The power to adopt
acts in accordance with Article 290 TFEU should be delegated to the Commission ▌ , tolay 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.

(71)

To enable the verification of compliance with the re-use ▌ targets, it is necessary that therespective 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.

(71a)

As economic operators may have several different packaging formats, the attainment of
the re-use targets should be calculated on the basis of the total number of units of sale,or weight of food or the total number of units of sale, or volume of beverage madeavailable on the market.

35

Commission Recommendation 2003/361/EC of 6 May 2003 concerning the definition of
micro, small and medium-sized enterprises (notified under document number C(2003) 1422)(OJ L 124, 20.5.2003, p. 36).

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(72)

In view of the continued high consumption levels of plastic carrier bags, inefficient use ofresources and their littering potential, it is appropriate to maintain provisions aimed atreaching 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 theEuropean Parliament and of the Council36. In view of the current divergent approaches andlimited reporting requirements on the plastic carrier bags, it is difficult to assess whether
the consumption reduction measures taken by the Member States have achieved theobjective of a ‘sustained’ reduction in the consumption of such bags and also, if they havenot 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.
In view of the results of the evaluation study on plastic carrier bags37, further measures(73)

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.
(73a)

As very lightweight plastic carrier bags, below 15 microns, have a high potential to
become waste and contribute to marine pollution, measures should be taken to restrict
their placing on the market except for strictly necessary uses. Those plastic bags should
not be placed on the market as packaging for bulk foodstuffs, except for hygienic
reasons or for packaging wet bulk foodstuffs such as raw meat, fish or dairy products.

36

37

Directive (EU) 2015/720 of the European Parliament and of the Council of 29 April 2015
amending Directive 94/62/EC as regards reducing the consumption of lightweight plastic
carrier bags (OJ L 115, 6.5.2015, p. 11).
Scoping study to assess the feasibility of further EU measures on waste prevention andimplementation of the Plastic Bags Directive. Part II, Implementation of the Plastic Bags
Directive, Eunomia (2021), published by the Publication Office of the European Union,
2022.

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(74)

▌To achieve a sustained reduction in the consumption of lightweight plastic carrier bagson their territory, Member States should be able to adopt measures which include
banning these types of plastic carrier bags, implementing national reduction targets,
maintaining or introducing economic instruments as well as other marketing restrictions,provided that these measures are proportionate and non-discriminatory. Such measures
may vary depending on the environmental impact of lightweight plastic carrier bags when
they are recovered or disposed of, their composting properties, durability or specificintended use. Provided that the objectives set out in Article 29 are achieved, Member
States may implement the provisions set out in Article 29(1) by means of agreements
between the competent authorities and the economic sectors concerned.

(74a)

A reduction in the use of plastic carrier bags should not lead to a substitution with otherpackaging materials. The Commission should monitor the use of other materials andpropose a target, and, if appropriate, measures for the reduction of the consumption ofsuch materials.

(75)

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.

(76)

In order to ensure that there are no barriers to trade on the internal market, requirements on
packaging sustainability, including on substances of concern in packaging, compostable
packaging, packaging minimisation, reusable packaging and systems for re-use should beharmonised at Union level. In order to facilitate conformity assessment with suchrequirements, including methods for tests, measurement or calculation, it is necessary toprovide for presumption of conformity for packaging and packaged products which are inconformity with harmonised standards that are adopted in accordance with Regulation(EU) No 1025/2012 for the purpose of expressing detailed technical specifications of thoserequirements, especially that the life-cycle of packaging and packaged products, reflect the
average range of consumer behaviour and be robust in order to deter intentional andunintentional circumvention.

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(77)

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 establishinga harmonised standard. In addition, recourse to this solution should be possible where theCommission has restricted or withdrawn the references to relevant harmonised standards inline with Article 11(5) of Regulation (EU) No 1025/2012. Compliance with common
technical specifications adopted by the Commission through implementing acts should also
give rise to the presumption of conformity.

(78)

In order to ensure uniform conditions for the implementation of the recourse to common
technical specifications, ▌ implementing powers should be conferred on the Commission
to lay down, amend or repeal common technical specifications for the requirements onsustainability, labelling and systems for re-use, and to adopt test, measurement or
calculation methods. The Commission should take into account the views of relevantbodies or the expert group and should duly consult all relevant stakeholders when
preparing the draft implementing acts.

(79)

To ensure coherence with other Union law, the conformity assessment procedure should be
the internal production control module included in this Regulation based on the modules
included in Decision No 768/2008/EC of the European Parliament and of the Council38.

(80)

CE marking on packaging should not indicate compliance of the packaging with therequirements of this Regulation but only indicate compliance of the packaged product withthe applicable Union product legislation, if relevant. Indeed, Union product legislation
typically requires affixing the CE marking concerning the product either on the productitself or on its packaging. Requiring CE marking on the packaging to show compliancewith 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 complianceof the concerned packaged products.

38

Decision No 768/2008/EC of the European Parliament and of the Council of 9 July 2008 on
a common framework for the marketing of products, and repealing Council Decision
93/465/EEC (OJ L 218, 13.8.2008, p. 82).

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(81)

Compliance of packaging itself with the requirements of this Regulation should instead beshown with the EU declaration of conformity.

(82)

Manufacturers should draw up an EU declaration of conformity to provide information on
the conformity of packaging with this Regulation. Manufacturers may also be required byother Union legislation to draw up an EU declaration of conformity. To ensure effective
access to information for market surveillance purposes, a single EU declaration ofconformity should be drawn up in respect of all Union acts. To reduce the administrative
burden on economic operators, it should be possible for that single EU declaration ofconformity to be a dossier made up of relevant individual declarations of conformity.
Regulation (EC) No 765/2008 of the European Parliament and of the Council39 provides a(83)

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 inorder to ensure that packaging benefiting from the free movement of goods within theUnion fulfil requirements providing a high level of protection of public interests such as
human health, safety and the environment.
(84)

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

39

Regulation (EC) No 765/2008 of the European Parliament and of the Council of 9 July 2008
setting out the requirements for accreditation and market surveillance relating to themarketing of products and repealing Regulation (EEC) No 339/93 (OJ L 218, 13.8.2008, p.
30).

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(85)

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 percapita 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 andrefill.

(86)

In order to monitor and verify compliance of producers and producer responsibility
organisations with obligations under Extended Producer Responsibility relating to thecollection and treatment of waste from their products it is necessary that Member States
designate one or more competent authorities.

(87)

In order to ensure better, timelier and more uniform implementation of the obligations by
Member States and anticipate any implementation weaknesses, a system of early warning
reports should be maintained to detect shortcomings and allow taking action ahead of thedeadlines for meeting the targets. Extension of this system, which has under Directive
94/62/EC covered the attainment of recycling targets, should include also packaging waste
reduction targets to be attained by Member State by 2030 and 2035.

(88)

As management of packaging and packaging waste is an important element of waste
management in general, Member States should dedicate a separate chapter to this issue in
waste management plans prepared in the execution of obligation laid down in Directive
2008/98/EC. As regard the measures on waste prevention and re-use, they should be
included in the waste prevention programmes required pursuant to Directive
2008/98/EC. Those chapters should be included in the waste management plan and thewaste prevention programme as part of their next regular evaluation as required underDirective 2008/98/EC, or earlier.

(89)

This Regulation builds on the waste management rules and general principles laid down in
Directive 2008/98/EC.

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(90)

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

(91)

To achieve an ambitious and sustained reduction in the overall packaging waste
generation, targets should be laid down for the reduction of packaging waste per capita to
be achieved by 2030. Meeting a target of 5 % reduction in 2030 compared to 2018 should
entail an overall absolute reduction of approximately 19 % on average across the Union in
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 areduction 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 shouldbe established. Member States which have established a different system for the
management of household packaging waste, on one hand, and of industrial andcommercial packaging waste, on the other, should have the opportunity to retain their
specificity.

(91a)

As the generation of commercial and industrial packaging waste is not related tohousehold consumption, the prevention targets per capita cannot apply as such tocommercial and industrial packaging waste.

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(92)

Member States may achieve these targets by economic instruments and other measures toprovide incentives for the application of the waste hierarchy, including measures to be
implemented through extended producer responsibility schemes, and by promoting thesetting 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 targets and refill obligations, volume thresholds and measures toachieve the sustained reduction of consumption of lightweight plastic carrier bags. A
Member State may, while observing the general rules laid down in the Treaty andcomplying with the provisions set out in this Regulation, adopt provisions which go
beyond the minimum waste prevention targets set out in this Regulation. When
implementing such measures, Member States should be aware of the risk of a shift fromheavier to lighter packaging materials and should prioritise measures that minimise that
risk.

(93)

To implement the polluter pays principle, it is appropriate to lay the obligations for the
management of packaging waste on producers. To this end, this Regulation builds on theextended producer responsibility (EPR) requirements laid down in Directive 2008/98/EC
in order to ensure that the EPR scheme is established to cover the full waste
management costs of packaging and to facilitate adequate controls by the competentauthorities. This Regulation seeks to clearly define one producer per packaging unit, be
it for empty packaging or for packaging containing products. As a general rule, theproducer should be the economic operator established in a Member State who makes
available from within the territory of that Member State packaged products for the firsttime on the market of the Member State as a manufacturer, importer or distributor
established in the Member State. This includes any offer for distribution, consumption,or use which could result in actual supply. Thus, in the case that a company buys apackaged product from another Member State different from the one where the company
is located or from a third country, and supplies this packaged product in that Member
State where it is located, that company should be considered the producer as it is the firstcompany making available the packaged product from within the territory of that
Member State. With regards to online platforms, the initial offering of a product should
be considered as making available in the sense of the producer definition.

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However, to minimise any unnecessary administrative burden for small businesses thatfill transport packaging, reusable packaging, primary production packaging or service
packaging at the point of sale, the producer should be the manufacturer, distributor orimporter of such packaging that makes the packaging available for the first time fromwithin the territory of the Member State, since that economic operator is best placed tocomply with the extended producer responsibility obligations. On the other hand, when
the packaging or the packaged product is made available by means of distance contracts
directly to the end user, the producer could also be established in another Member Stateor in a third country. In these cases, if the producer is established in another Member
State, it should appoint an authorised representative for the extended producer
responsibility in the Member State where the end user is located. When the producer isestablished in a third country, Member States may provide that the appointment of an
authorised representative for the extended producer responsibility is also mandatory inorder to avoid the risk of eluding the extended producer responsibility obligations.
In order to ensure the respect of the “polluters pay principle” and in the context ofcompliance with extended producer responsibility, it is necessary to ensure certainty on
which kind of producer is responsible for packaging waste, notably in case of ‘logistics
companies’. Logistics companies are companies receiving goods coming from third
countries and having handling activities regarding the imported goods (e.g. unpacking
and repacking into smaller formats/quantities to comply with the clients requests), before
sending the goods, without, in full or partially, the original transport packaging to theirclients, who can be situated in other EU countries. In this case, thus, a producer should
be identified for the (original) transport packaging coming from third countries andremaining with the logistics company and becoming waste in the EU. The logistics
company will typically not have ownership of the goods but should be considered as the
producer for the packaging coming from third countries and that it handles during its
activity.

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(93a)In addition to the costs imposed to producers pursuant to Article 40(1a) of thisRegulation and when transposing the Directive 2008/98/EC, Member States retain thepossibility to cover the necessary costs resulting from the cleaning activities (includingtransport and subsequent treatment) of packaging waste present in litter as a part of thefull waste management cost of packaging which should be covered by the extended
producer responsibility. Those costs should not exceed the costs that are necessary toprovide those services in a cost-efficient way and should be established in a transparent
and non-discriminatory way between the actors concerned.

(94)

In order to monitor that producers meet their obligations relating to their financial, andorganisational 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 thata register is established and managed by the competent authority in each Member State andthat producers should be obliged to register.

(95)

The registration requirements should be harmonised across the Union to the greatest extent
possible so to facilitate registration in particular where producers make packaging
available in different Member States. In order to ensure uniform conditions for the
implementation of the registration requirements, ▌ implementing powers should beconferred on the Commission to lay down a common format for registration in andreporting to the register, detailing the data to be reported.

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(96)

In line with the polluter-pays principle expressed in Article 191(2) TFEU, it is essentialthat the producers, including e-commerce actors, 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 mostappropriate means to achieve this and can have a positive environmental impact byreducing the generation of packaging waste and increasing its collection and recycling.
There are wide disparities in the way they are set up, in their efficiency and in the scope of
responsibility of producers. The rules on extended producer responsibility laid down in
Directive 2008/98/EC should therefore in general apply to extended producer
responsibility schemes for producers of packaging, and be complemented by further
specific provisions where this is necessary and appropriate. For example, in order tofacilitate the separate collection of packaging waste, the producers should finance thelabelling of waste receptacles. Such an obligation would be in line with the polluter pays
principle and the general minimum requirements for EPR schemes established in
Directive 2008/98/EC.

(96a)

As regards the extended producer responsibility (EPR) obligations, this Regulation is alex specialis in relation to Directive 2008/98/EC. That means that the provisions related
to EPR in this Regulation should prevail over any conflicting provisions in that
Directive. This principle concerns, for example, requirements on producer registration,
modulation of EPR fees and reporting.

(96b)

In addition to the harmonised requirement on recyclability for the modulation of the
producers’ financial contributions to be laid down in delegated acts adopted inaccordance with this Regulation, Member States should be allowed to use other criteria,such as recycled content, reusability, presence of hazardous substances or other criteriain accordance with Directive 2008/98/EC.

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(97)

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 andproducer responsibility organisations for collective compliance, could differentiate
processes for individual producers and producer responsibility organisations to limit theadministrative 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. The competent authority should be able to charge
cost-based and proportionate fees to producers or entrusted PROs for the authorisation
procedure referred to in Article 42(2).

(97a)

When the extended producer responsibility fee charged by a producer responsibility
organisation is categorized as public revenue, as in the case of a State-run PRO, and inorder to follow the budgetary rules that require the public revenue to be based on
accurate data, the Member State may require more frequent reporting of the information
set out in Part B and C of Annex IX to the competent authority responsible for theregister by the producer than once a year. In the case of state-run producer
responsibility organisations, as there is no represented producer’s mandate, therequirements provided in this Regulation concerning such mandates should not apply.

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(98)

This Regulation should specify how the traceability of traders’ obligations laid down inRegulation (EU) 2022/2065 of the European Parliament and of the Council40, including
Article 30(2) and (3) thereof, are to be applied to providers of online platforms allowing
consumers to conclude distance contracts with producers offering packaging to consumers
located in the Union in relation to the registers of producers established pursuant to thisRegulation. For the purposes of this Regulation, any producer offering packaging, bymeans of distance contracts directly to consumers located in a Member State, whether
established in a Member State or a third country, should be considered to fall within thedefinition of trader under Regulation (EU) 2022/2065. In order to prevent free-ridingfrom the extended producer responsibility obligations, it should be specified how suchproviders of online platforms should fulfil those obligations with regard to the registers of
packaging producers established pursuant to this Regulation. In that context, providers of
online platforms, falling within the scope of Section 4 of Chapter III of Regulation (EU)2022/2065, allowing consumers to conclude distance contracts with producers should
obtain, prior to allowing them to use their services, in line with Regulation (EU)2022/2065, from those producers, information about their compliance with the extended
producer responsibility rules set out in this Regulation. The rules on traceability of traders
selling packaging online are subject to the enforcement rules set out in Regulation (EU)2022/2065.

(98a)

Similar undesirable situations of free-riding could occur in relation to fulfilment service
providers. This Regulation includes some provisions to prevent them with a similar
approach to that of Regulation (EU) 2022/2065 as regards providers of online platforms.

40

Regulation (EU) 2022/2065 of the European Parliament and of the Council of 19 October
2022 on a Single Market For Digital Services and amending Directive 2000/31/EC (Digital
Services Act) (OJ L 277, 27.10.2022, p. 1).

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(98b)The register of producers established pursuant to this Regulation is to be considered apublic register according to Regulation (EU) 2022/2065. Therefore, providers of online
platforms allowing consumers to conclude distance contracts with producers shouldmake the best effort to assess whether the information provided by the producers
concerned is reliable and complete, in particular by using or verifying freely available
official online databases and online interfaces or request the traders concerned toprovide trustworthy supporting documents, in accordance with Regulation (EU)2022/2065. As far as publicly available data according to this Regulation is concerned,“making best efforts” in the sense of the first subparagraph of Article 30(2) ofRegulation (EU) 2022/2065 can usually require a verification of the information
provided by the producer with the publicly available data according to this Regulation.
In particular, this applies if a Member States has established an online interface for
automated data reconciliation according to this Regulation. Financial contributions
imposed to producers pursuant to Article 40(1a) of this Regulation should be without
prejudice to any voluntary agreement between online marketplaces and producers where
online marketplace consents to accept all or part of those costs on behalf of producers bya written mandate.

(98c)

Financial contributions imposed to producers pursuant to Article 40(1a) of thisRegulation should be without prejudice to any voluntary agreement between online
marketplaces and producers where online marketplaces, on behalf of producers by
written mandate, consent to accept all or part of those costs.

(99)

Member States should provide for the measures implementing the extended producer
responsibility, rules on separate collection of packaging waste and the labelling of waste
receptacles where this Regulation does not provide for a full harmonisation on suchmeasures. Furthermore, it should be possible for Member States to provide for
additional requirements for the implementation of the extended producer responsibility,in accordance with Directive 2008/98/EC and this Regulation, provided such measures
do not create barriers on the internal market. This Regulation does not regulate which
operator is responsible for the collection of packaging waste and other national
contractual arrangements for packaging waste collection.

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(100)

Member States should set up return and collection systems for packaging waste, so thatthey are channelled to the most appropriate waste management alternative, according to thewaste hierarchy. The systems should be open for participation for all interested parties, inparticular for economic operators and public authorities and be established taking into
account the environment and consumer health, safety and hygiene. Return and collection
systems should also be applicable for packaging of imported products under nondiscriminatory provisions.

(100a) Member States might have already established separate waste collection and recycling
systems, which are the basis for relevant national authorisations and contractual
arrangements, when transposing Article 7 of Directive 94/62/EC in national law.
Member States can continue to use these systems provided they correctly implement the
obligations under this Regulation.
(101)

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

(101a) The collection of packaging is a crucial step to ensure its circularity, and to ensure astrong market for secondary raw materials. The establishment of a mandatory collection
rate is an incentive to develop efficient and targeted collection systems at national level,
and thus increase the quantity of waste sorted and potentially recycled.
(102)

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

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(103)

Deposit and return systems should be obligatory for single use plastic beverage bottles andmetal beverage containers. Member States might also decide to include other packaging
for other products or made of other materials in these systems, in particular single use
glass bottles, and should ensure that deposit and return systems for single-use packaging
formats, in particular for single use glass beverage bottles, are equally available forreusable packaging, where technically and economically feasible. They should consider
establishing deposit and return systems also for reusable packaging. ▌ Member Stateshould be allowed, while observing the general rules laid down in the Treaty andcomplying with the provisions set out in this Regulation, to adopt provisions which go
beyond the minimum requirements set out in this Regulation, such as the charge of thedeposit at the point of sale in the case of consumption in hospitality premises, or the
obligation for all final distributors to accept the deposit bearing packaging regardless ofthe packaging material and format that they distribute or their sale surface area.

(103a) This Regulation should take into account the diversity of deposit and return systems thatexist in the Union, and ensure that technological developments in these systems are nothindered when they meet the conditions and criteria for increasing collection rates andensuring better quality recycling.
(104)

Given the nature of the products and the differences in their production and distribution
systems, deposit and return systems should however not be obligatory for packaging forwine, aromatised wine products and similar products to wine, spirit drinks and milk andmilk products listed in Part XVI of Annex I of ▌ Regulation (EU) No 1308/2013 of theEuropean Parliament and of the Council41. However, Member States may establish deposit
and return systems covering such beverage packaging and also other beverage and nonbeverage packaging.

41

Regulation (EU) No 1308/2013 of the European Parliament and of the Council of 17
December 2013 establishing a common organisation of the markets in agricultural products
and repealing Council Regulations (EEC) No 922/72, (EEC) No 234/79, (EC) No 1037/2001
and (EC) No 1234/2007 (OJ L 347, 20.12.2013, p. 671).

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(105)

By, 1 January 2029, all deposit and return systems for single use plastic beverage bottles
and single use metal beverage containers should comply with the general minimum
requirements laid down in this Regulation, with the exception of deposit and returnsystems established before the entry into force of this Regulation, which achieve the 90% separate collection target by 1 January 2029. Those requirements will help deliver
greater consistency and higher return rates across Member States. They have been set
based on stakeholder views, expert analysis and best practices from the existing deposit
and return systems. The requirements are designed to allow for innovation while offering alevel of flexibility to adapt to local circumstances.

(106)

Member States with regions with high transboundary business should ensure that thedeposit and return systems allow for collection of packaging from other Member States
DRS at designated collection points and should endeavour to enable the possibility toreturn the deposit.

(107)

Member States which achieve 80% collection rate of the targeted packaging types without
a deposit and return system in 2026, may request not to establish a deposit and returnsystem.

(107a) Member States may choose to implement the deposit and return scheme at a subnational
level, taking into account relevant national administrative divisions and the specificsituation of overseas territories, as long as they demonstrate the environmental andeconomic performance of such scheme, and its full consistency with the 90 % collection
rate for single use plastic beverage bottles and metal beverage containers set out in thisRegulation.
(108)

As a specific packaging waste generation prevention measure, Member States should
actively encourage the re-use and refill solutions. They should support the establishment ofsystems for re-use and refill and monitor their functioning and compliance with thehygiene 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 targets and refill obligations inreusable packaging or through refill provided that such requirements will not result infragmentation of single market and creation of trade barriers.

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(108a) Requirements for collection, sorting, redistribution to fillers and cleaning are of acompletely different nature for single use deposit and return systems and for depositbased re-use systems. Therefore, the minimum requirements for deposit and returnsystems should not apply to deposit-based re-use systems. Requirements specific to thesystems for re-use should be applicable instead.
(109)

Directive 94/62/EC was amended by Directive (EU) 2018/852 of the European Parliamentand of the Council1 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. Recognisingdifferent starting point of each Member State in relation to recycling targets, and whilemeasures facilitating the attainment of these targets are proposed in the Regulation, it
should ▌ be still possible to postpone the deadlines for attaining the 2030 recycling targets,
under certain conditions. However, the Commission should be empowered to reject therevised implementation plan submitted by a Member State.

(110)

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, measuresencouraging 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 granular data on the packaging and packaging waste recycling flows ▌ should bereported to the Commission. That will enable the Commission to review the targets withthe possibility of maintaining or increasing them. In order to take account of the effect ofthe measures aimed at improving the packaging recyclability, the review should not takeplace earlier than the envisaged general evaluation of the Regulation, i.e. 7 years after its
entry into force. During that review, attention should also be paid to the possibility of
introducing new targets on a more granular basis than the current targets.

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(111)

The calculation of the recycling targets should be based on the weight of packaging waste,
which enters recycling. Member States should ensure the reliability and accuracy of thedata 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 thegeneral rule, be allowed to establish the weight of packaging waste recycled on the basis ofmeasuring 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 otherpreliminary operations, should not be included in the waste amounts reported as recycled.
Those losses can be established on the basis of electronic registries, technicalspecifications, 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 onwaste recycling. The average loss rates should preferably be established at the level ofindividual sorting facilities and should be linked to the different main types of waste,
different sources (such as household or commercial), different collection schemes anddifferent 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 ofwaste. Losses in weight of materials or substances due to physical or chemicaltransformation processes inherent in the recycling operation where packaging waste is
actually reprocessed into products, materials or substances should not be deducted from theweight of the waste reported as recycled.

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(112)

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 whichis to be used as a recycled product, material or substance. While the output of suchtreatment 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 thedefinition 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 otherthan recycling, should not be counted towards the attainment of the recycling targets.

(113)

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 orother 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.

(113a) When establishing the methodology for the calculation and verification of thepercentage of recycled content, the Commission should assess, in view of the available
recycling technologies, their economic and environmental performance, including thequality of the output, the availability of the waste, the energy needed and greenhouse gas
emissions and other relevant environmental impacts. The Commission should also take
into account the potential of such technologies to be used for misleading environmental
claims.

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(113b) Claims on packaging characteristics for which legal requirements are set out in thisRegulation, such as recyclability, the level of recycled content and reusability, should
only be made in relation to packaging properties exceeding the applicable minimum
requirements set out in this Regulation and according to the methodologies and rules
established under this Regulation. They should also specify whether they relate to the
packaging unit, part of the packaging unit or to all packaging placed on the market by
the producer.
(114)

Member States should be enabled to take into account the recycling of metals separated
after incineration of waste in proportion to the share of the packaging waste incinerated
provided that the recycled metals meet certain quality criteria laid down in Commission
Implementing Decision (EU) 2019/100442 laying down rules for the calculation,verification and reporting of data on waste in accordance with Directive 2008/98/EC.

(115)

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 Council43 applies.

(116)

As re-use means that no new packaging is placed on the market, reusable sales packaging
that is placed on the market for the first time and wooden packaging that is repaired for reuse should be taken into account for the purposes of attaining the respective packaging
recycling targets. Member States should be able to use this possibility to calculate adjusted
level of recycling targets by taking into account maximum 5 percentage points of theaverage share, in the preceding three years, of reusable sales packaging placed on themarket for the first time and reused as part of a system for re-use.

42

43Commission Implementing Decision (EU) 2019/1004 of 7 June 2019 laying down rules forthe calculation, verification and reporting of data on waste in accordance with Directive
2008/98/EC of the European Parliament and of the Council and repealing Commission
Implementing Decision C(2012)2384 (OJ L 163, 20.6.2019, p. 66).
Regulation (EC) No 1013/2006 of the European Parliament and of the Council of 14 June
2006 on shipments of waste (OJ L 190, 12.7.2006, p. 1).

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(117)

Producers and producer responsibility organisations should be actively involved inproviding information to end users, in particular consumers, on prevention andmanagement 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. Producers and producer responsibility
organisations should also inform consumers that packaging marked as compostablemeans that the packaging is compostable in industrially controlled conditions in biowaste treatment facilities and not suitable for home composting. No packaging should be
littered. The producers should also inform that end users have an important role inensuring 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 moreinnovative means, such as electronic access to websites provided by QR codes affixed tothe packaging.

(117a) Separate out-of-home collection is an important element in order to increase collection
rates of packaging, and improve its circularity. Member States and economic actors
should be able to take specific measures for separate out-of-home collection, adapted to
the location and habits of consumers.
(118)

For each calendar year, Member States should provide the Commission with information
on attainment of recycling targets. To evaluate the effectiveness of the measures aiming to
reduce the consumption of lightweight plastic carrier bags, data on consumption of very
lightweight plastic carrier bags and thick plastic carrier bags should also be reported toallow for the assessment whether the consumption of these bags has increased in responseto the reduction measures targeting lightweight plastic carrier bags. The provision of dataon 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 fromthe 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.

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(119)In order to establish the methodology for assessment of the at scale recyclability, Member
States should also report data on amounts of recycled packaging waste per packaging
category, and amounts of ▌ packaging made available for the first time on the market of
the Member State per packaging category. Reporting should be done annually. The
Commission should add those data and publish them to monitor the annual evolution of
the recycled at scale packaging waste.

(120)

Member States should report data to the Commission electronically and provide it with aquality check report. In addition, data on recycling targets should be accompanied by areport describing measures undertaken in order to establish an effective system of quality
control and traceability of packaging waste.

(121)

In order to ensure uniform conditions for the implementation of the reporting obligations,powers should be conferred on the Commission so that the latter can establish rules forcalculation and verification of data on attainment of the recycling targets, separate
collection rates of packaging covered by the deposit and return system, and data necessaryfor 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 themethodology for the calculation of the annual consumption of lightweight plastic carrierbags per person and the format for reporting of this data, as this is necessary to support themonitoring 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) 2018/89644 and 2005/270/EC45.

44

45

Commission Implementing Decision (EU) 2018/896 of 19 June 2018 laying down themethodology for the calculation of the annual consumption of lightweight plastic carrierbags and amending Decision 2005/270/EC (OJ L 160, 25.6.2018, p. 6).
Commission Decision 2005/270/EC of 22 March 2005 establishing the formats relating to
the database system pursuant to Directive 94/62/EC of the European Parliament and of theCouncil on packaging and packaging waste (OJ L 86, 5.4.2005, p. 6).

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(122)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 those databases function well.

(123)

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, competent authorities
should endeavour to control the accuracy of at least part of the declarations ofconformity per year, and Regulation (EU) 2019/1020 of the European Parliament and of
the Council46 setting out a horizontal framework for market surveillance and control ofproducts entering the Union market should apply to packaging for which sustainability
requirements are set pursuant to this Regulation. The market surveillance mechanisms
laid down in Regulation (EU) 2019/1020 sets out the requirements for market
surveillance relating to the marketing of products and provides for safeguardmechanisms to check compliance with this Regulation in respect of placing on themarket of packaging.

(124)

Packaging should be placed on the market only if it does not present a known risk to theenvironment and human health. In order to better align with the specific nature ofsustainability 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 asustainability 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.

46

Regulation (EC) No 765/2008 of the European Parliament and of the Council of 9 July
2008 setting out the requirements for accreditation and market surveillance relating to
the marketing of products and market surveillance relating to the marketing of products
and repealing Regulation (EEC) No 339/93 (OJ L 218, 13.8.2008, p. 30). Regulation (EU)2019/1020 of the European Parliament and of the Council of 20 June 2019 on market
surveillance and compliance of products and amending Directive 2004/42/EC andRegulations (EC) No 765/2008 and (EU) No 305/2011 (OJ L 169, 25.6.2019, p. 1) ▌7859/24

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(125)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, ▌ implementing powers should beconferred on the Commission to determine whether national measures in respect of noncompliant products are justified or not.

(126)

The market surveillance authorities should have the right to require economic operators totake corrective action on the basis of findings that either packaging is not compliant withsustainability and labelling requirements, or that the economic operator has infringed otherrules 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 totake corrective action, ▌ implementing powers should be conferred on the Commission todecide whether a national measure is justified or not.

(127)

In case of human health concerns, the market surveillance authority should not evaluate arisk to human or animal health originating from the packaging material, if transferred tothe packaged content of the packaging material, but alert the authorities, competent forcontrolling 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.

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(128)

Public procurement amounts to 14 % of the Union’s GDP. In order to contribute to theobjective of reaching climate neutrality, improving energy and resource efficiency andtransitioning to a circular economy that protects public health and biodiversity, the power
to adopt implementing acts should be conferred on the Commission, ▌ to require, whereappropriate, contracting authorities and entities as defined in Directive 2014/24/EU of theEuropean Parliament and of the Council48 and Directive 2014/25/EU of the European
Parliament and of the Council49, to align their procurement with specific minimum
mandatory green public procurement requirements, to be set out in the implementing acts
adopted pursuant to this Regulation. Compared to a voluntary approach, mandatory
requirements should ensure that the leverage of public spending to boost demand for better
performing packaging is maximised. The requirements should be transparent, objective
and non-discriminatory. Requirements may refer to technical specifications, selection
criteria or contract performance conditions and not necessarily be required cumulative.
Contracting authorities and entities should be able to, while observing the general rules
laid down in the Treaty and complying with the provisions set out in this Regulation,
adopt provisions which go beyond the minimum green public procurement requirements
laid down in this Regulation.

(129)

The implementing powers that are conferred on the Commission by this Regulation andthat do not relate to the determination whether measures taken by Member States in respectof non-compliant packaging are justified or not should be exercised in accordance with
Regulation (EU) No 182/2011.

48
49

Directive 2014/24/EU of the European Parliament and of the Council of 26 February 2014
on public procurement and repealing Directive 2004/18/EC (OJ L 94, 28.3.2014, p. 65).
Directive 2014/25/EU of the European Parliament and of the Council of 26 February 2014
on procurement by entities operating in the water, energy, transport and postal services
sectors and repealing Directive 2004/17/EC (OJ L 94, 28.3.2014, p. 243).

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(130)In order to safeguard the functioning of the internal market, and create a level playing
field, it is necessary to ensure that packaging from third countries entering the Union
market complies with this Regulation, whether it is 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. 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 suchprohibition 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 suchnon-compliant packaging at the borders, including information on the packaged products
and the economic operators to enable a risk-based approach for products entering theUnion market. In such cases, customs will aim at identifying and stopping this packaging
at the borders.

(131)

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 andCommunication 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 theidentification of non-compliant packaging should be communicated from ICSMS tocustoms for use by authorities designated for controls at external borders to identify
packaging that may correspond to such a prohibition measure. The electronic ▌ Customs
Risk Management ▌ 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.

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(132)In order to ensure uniform conditions for the implementation of the interconnection forcommunication between the market surveillance authorities and the customs authorities,
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 dataprocessing, as well as the rules on the processing of personal data, confidentiality andcontrollership for that interconnection.

(133)

When adopting delegated acts pursuant to Article 290 of the Treaty, the Commission
should carry out appropriate consultations during its preparatory work, including at expert
level, and those consultations should be conducted in accordance with the principles laid
down in the Interinstitutional Agreement of 13 April 2016 on Better Law-Making51. 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 delegatedacts, the Commission should take into account scientific or other available technicalinformation, including relevant international standards.

(134)

In order to ensure that product requirements in Directive (EU) 2019/904 can be monitored
and enforced and that they are subject to ▌ appropriate market surveillance, Regulation(EU) 2019/1020 should be amended to include Directive (EU) 2019/904 into its scope. The
requirements ▌ related to the recycled plastic content for plastic beverage bottles as of 1
January 2030 should be deleted from Directive (EU) 2019/904, as this matter is exclusively
regulated by this Regulation. The corresponding reporting obligations should also bedeleted.

51

OJ L 123, 12.5.2016, p. 1–14.

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(134a) This Regulation establishes general rules applying to all packaging. However, certain
single-use plastic products covered by Directive (EU) 2019/904, such as plastic carrierbags, beverages cups, food and beverage containers, including bottles, are considered tobe packaging. Directive (EU) 2019/904 is a lex specialis in relation to this Regulation. In
the event of a conflict between Directive (EU) 2019/904 and this Regulation, Directive(EU) 2019/904 should prevail within the scope of its application. Directive (EU)2019/904 requires Member States to take measures to reduce the consumption of certain
single-use plastic products, including marketing restrictions. Such marketing restrictions
should apply and prevail over any conflicting provisions in this Regulation. This
Regulation provides a restriction on the placing on the market of plastic products listed
in Annex V point 3 thereto, while Directive (EU) 2019/904 allows the Member States totake the necessary measures to achieve reduction in the consumption of those single-use
plastic products. Since national implementing measures under Directive (EU) 2019/904
can be less restrictive than a ban on the placing on the market, this Regulation should
prevail over Directive (EU) 2019/904 as regards such products falling within thedefinition of packaging, in order to boost the reduction of single use plastic packaging
and reduce the amount of single use plastic packaging in the environment. As aconsequence, it should not be possible for Member States to adopt an exemption fromthe ban in Directive (EU) 2019/904 on placing packaging made of expanded polystyreneon the market. To reflect this, Directive (EU) 2019/904 should be amended accordingly.
(134b) As this Regulation does not regulate the recycled content in the plastic part in packaging
before 1 January 2030, provisions regarding requirements for recycled content forplastic beverage bottles in Directive (EU) 2019/904 should remain in force until that
date.
(135)

To enhance public trust in packaging placed on the market, in particular as regards
compliance with sustainability requirements, the economic operators placing noncompliant packaging on the market or who do not comply with their obligations should be
subject to penalties. It is therefore necessary that Member States lay down effective,
proportionate and dissuasive penalties in national law for failure to comply with thisRegulation.

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(135a) Article 19(1) of the Treaty on European Union (TEU) requires Member States to provide
remedies that are sufficient to ensure effective judicial protection in the fields covered byUnion law, including the courts of the Member States In this respect, Member Statesshould ensure that members of the public concerned, that could include natural or legal
persons having complained about or reported an alleged non-compliance of packaging
or packaged product with this Regulation, has access to justice in line with the
obligations that Member States have agreed to as parties to the UN Economic
Commission for Europe (UNECE) Convention on Access to Information, Public
Participation in Decision-making and Access to Justice in Environmental Matters of 25
June 1998 (the ‘Aarhus Convention’).
(136)

The Commission should carry out an evaluation of this Regulation. Pursuant to paragraph
22 of the Inter-institutional Agreement on Better Law-Making, that evaluation should bebased 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, theEuropean Economic and Social Committee, and to the Committee of the Regions a reporton the implementation of this Regulation and its impact on the environmental sustainabilityof packaging and the functioning of the internal market.

(137)

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

(138)

In order to meet those commitments and establish an ambitious yet harmonised frameworkon 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.

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EN(139)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 Regulation should be
deferred.

(140)

Directive 94/62/EC should be repealed with effect from the date of application of thisRegulation. 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 theapplication of the system of own resources of the Union with regard to the own resource
based on non-recycled plastic packaging waste, certain obligations under that Directive
related to labelling, recycling targets and the transmission of data to the Commission
should remain in force for a certain period of time.

(141)

Since the objectives of this Regulation, namely to improve the environmental sustainabilityof 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 andeffects, be better achieved at Union level, the Union may adopt measures, in accordancewith 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, thisRegulation does not go beyond what is necessary in order to achieve that objective,

HAVE ADOPTED THIS REGULATION:

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Chapter I
General provisions

Article 1
Subject matter
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. It alsoestablishes requirements for the extended producer responsibility, packaging waste
prevention, such as reduction in unnecessary packaging and reuse or refill of
packaging, as well as collection and treatment, including recycling, of packaging waste.

2.

This Regulation contributes to the efficient functioning of the internal market byharmonising national measures on packaging and packaging waste in order to avoid
obstacles to trade, the distortion and restriction of competition within the Union, while
preventing or reducing the adverse impacts of packaging and packaging waste on theenvironment and human health, on the basis of a high level of environmental protection.

3.

This Regulation contributes to the transition to a circular economy and achieving climate
neutrality at the latest by 2050 as provided for under Regulation (EU) 2021/1119, by
laying down measures in line with the hierarchy of waste in accordance with Article 4 of
Directive 2008/98/EC.

Article 2
Scope
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, othermanufacturing, retail or distribution, offices, services or households.

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2.

This Regulation applies without prejudice to the provisions of the Directive 2008/98/EC
as regards the management of hazardous waste as well as without prejudice to Union
regulatory requirements for packaging such as those regarding safety, quality, theprotection of health and the hygiene of the packed products, or to transport requirements.
However where this Regulation conflicts with Directive 2008/68/EC, Directive
2008/68/EC shall prevail.

Article 3
Definitions
For the purposes of this Regulation, the following definitions apply:(1)‘packaging’ means an item, irrespective of the materials from which it is made, thatis intended to be used by an economic operator for the containment, protection,
handling, delivery or presentation of products to another economic operator or to an
end-user and that can be differentiated into packaging formats based on its function,material and design, including:(a)an item that is 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)a component of, and ancillary element to, an item referred to in point (a) that is
integrated into the item;(c)an ancillary element to an item referred to in point (a) that is hung directly on,
or attached to, the product and that perform a packaging function without
being an integral part of the product and which is intended to be used,consumed or disposed of together with the product;(d)an item designed and intended to be filled at the point of sale to dispense theproduct, also referred to as ‘service packaging’.

(e)a disposable item sold, filled or designed and intended to be filled at the pointof sale and which performs a packaging function;

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(f)

permeable tea, coffee or other beverage bags or soft after-use system singleserve units that contain tea, coffee or other beverage and are intended to be
used and disposed of together with the product;(g)

non-permeable coffee, tea or other beverage system single-serve unit intended
for use in a machine and which is used and disposed of together with the
product;(1a) ‘take-away packaging’ means service packaging filled at attended points of sale,with beverages or ready-prepared food, that is packaged for transportation and
immediate consumption at another location without the need for any further
preparation, and typically consumed from the packaging;(1b) ‘primary production packaging’ means items designed and intended to be used as
packaging for unprocessed products from primary production as defined inRegulation (EC) No 178/2002.
(2)‘sales packaging’ means packaging conceived so as to constitute a sales unit
consisting of products and packaging to the end user at the point of sale;(3)‘grouped packaging’ means packaging conceived so as to constitute a grouping of acertain number of sales units at the point of sale, irrespective of whether thatgrouping of sales units is sold as such to the end-user or whether it serves ▌ as ameans to facilitate the restocking of shelves at the point of sale or to create a stockkeeping 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 andtransport of one or more sales units or a grouping of sales units, in order to prevent
damage to the product from physical handling and transport, but excluding road,rail, ship and air containers;(5)‘e-commerce packaging’ means transport packaging used to deliver products in thecontext of sale online or through other means of distance sales to the end user;

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(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, authorised representatives, final distributors ▌ and fulfilment service
providers;(9)‘manufacturer’ means any natural or legal person who manufactures packaging or a
packaged product. In case a natural or legal person has packaging or a packaged
product designed or manufactured under its own name or trademark, regardless ofwhether any other trademarks is visible on the packaging or on the packaged
product, it shall be considered the ‘manufacturer’ instead of the person who
manufactures the packaging or the packaged product, except in the case of theparagraph below.
In case of transport packaging, reusable packaging, primary production
packaging, grouped packaging, sales packaging or service packaging, if thenatural or legal person which has the packaging designed or manufactured under
its own name or trademark falls under the definition of micro-enterprise inaccordance with Commission Recommendation 2003/361/EC as publicly available
on [OP: Please insert the date = the date of entry into force of this Regulation],and the provider of the packaging is located in the same Member State, then theprovider of the packaging shall be considered the manufacturer.

(10) ‘producer’ means any manufacturer, importer or distributor, who, irrespective of theselling technique used, including by means of distance contracts as defined in Article2(7) of Directive 2011/83/EU, either:(i)is established in a Member State and makes available for the first time fromwithin the territory of that Member State and on that same territory transport
packaging, service packaging, including reusable service packaging, or
primary production packaging; or7859/24

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(ii)

is established in a Member State and makes available for the first time fromwithin the territory of that Member State and on that same territory products
packaged in packaging other than those listed in paragraph (i); or(iii) is established in a Member State or in a third country and makes transport
packaging, service packaging, including reusable service packaging, or
primary production packaging or products packaged in packaging other thanthose mentioned above available for the first time within the territory of
another Member State, directly to end-users; or(iv) is established in a Member State and unpacks packaged products without
being end-user, unless another person is the producer according to (i) to (iii).
(11) ‘supplier’ means any natural or legal person who supplies packaging or packaging
material to a manufacturer ▌;(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 theUnion 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 thisRegulation;(15) ‘authorised representative for the extended producer responsibility’ means a naturalor legal person established in a Member State where the producer makes packaging
or packaged product available on the market of the Member State for the first time,other than the Member State or the third country where the producer is established ▌and who is appointed by the producer in accordance with third subparagraph of
Article 8a(5) of Directive 2008/98/EC for fulfilling the obligations of that producer
under Chapter VII of this Regulation;

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(16) ‘final distributor’ means the natural or legal person in the supply chain who
delivers packaged products, including through re-use, or products that can bepurchased through refill to the end user;(17) ‘consumer’ means any natural person who is 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, towhom a product has been made available either as a consumer or as a professionalend user in the course of its industrial or professional activities and who no longer
makes that 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, which are part of the weight of the main packaging material and cannot
be separated manually and therefore form a single integral unit, unless a given
material constitutes an insignificant part of the packaging unit and in no casemore than 5% of the total mass of the packaging unit and excluding labels,varnishes, paints, inks, adhesives, lacquers. This is without prejudice to Directive
2019/904;(20) ‘packaging waste’ means any packaging or packaging material falling within thedefinition 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, including measures as regards the re-use of the
packaging and measures to extend the life of the packaging before it becomes
waste;(22) ‘re-use’ means any operation by which reusable packaging is used again multiple
times for the same purpose for which it was conceived;(23) ‘single-use packaging’ means packaging which is not reusable packaging;7859/24

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(24) ‘rotation’ means the cycle that reusable packaging accomplishes from the moment it
is placed on the market together with the product 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 anotherproduct;(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,
together with incentives, that allow the re-use either in a closed loop or open loop
system. It includes deposit and return systems, when they ensure that packaging iscollected for re-use ▌ ;(27) ‘reconditioning’ means any operations listed in part B of Annex VI necessary to
restore a reusable packaging to a functional state for the purpose of its re-use;(28) ‘refill’ means an operation by which a container, owned by the end user, which
fulfils the packaging function, or a container purchased by the end user at the pointof sale of the final distributor is filled by the end user or by the final distributor witha product or several products purchased by the end user from the final distributor;(29) ‘refill station’ means a place, where a final distributor offers to end-users productsthat can be purchased through refill;(30) ‘HORECA sector’ means Accommodation and Food Service Activities according to
NACE Rev. 2 – Statistical classification of economic activities52;(30a) ‘sales area’ means the area given to the display of goods offered for sale, to thepayment thereof, and to the stay and circulation of customers. This does notinclude the areas, which are not open to the public, such as storage areas, or otherareas where products are not displayed, such as car parks. In the context of ecommerce packaging, the storage and dispatch area shall be considered as sales
area;
52

NACE Rev. 2 - Statistical classification of economic activities - Products Manuals andGuidelines - Eurostat (europa.eu); Accommodation and food service statistics - NACE Rev.
2 - Statistics Explained (europa.eu)

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(31) ‘design for recycling’ means design of packaging, including individual componentsof packaging, that ensures the recyclability of the packaging with establishedcollection, sorting and recycling processes proven in an operational environment;(31a) 'recyclability' means the compatibility of packaging with the management andprocessing of waste by design, based on separate collection, sorting in separate
streams, recycling at scale, and use of recycled materials to replace primary raw
materials;(32) ‘packaging waste recycled at scale’ means: packaging waste which is separately
collected, sorted and recycled in installed infrastructure, using establishedprocesses proven in an operational environment which ensure at EU level anannual quantity of recycled material under each packaging category listed in table
1a Annex II, equal or greater than 30% for wood and 55% for all other materials.
This includes such packaging waste exported from the Union for the purpose ofwaste management which can be considered as meeting the requirements of Article
47(12).
(32a) ‘material recycling’ means any recovery operation, by which waste materials are
reprocessed into materials or substances whether for the original or otherpurposes, with the exception of biological treatment of waste, reprocessing oforganic material, energy recovery, and reprocessing into materials that are to be
used as fuels or for backfilling operations.
(32b) ‘high-quality recycling’ means any recycling process which produces recycledmaterials that are of equivalent quality to the original materials, based onpreserved technical characteristics, and is used as a substitute to primary raw
materials for packaging or other applications where the quality of the recycledmaterial is retained.
(33) ‘packaging category’ means a combination of material and specific packaging
design, which determines recyclability by reference to established state of the artcollection, sorting and recycling processes; proven in an operational environment
and is relevant for the definition of the design for recycling criteria;

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(34) ‘integrated component’ means a packaging component that may be distinct from themain body of the packaging unit, and may be of a different material, but that is
integral to the packaging unit and its functioning, does not need to be separated fromthe main packaging unit in order to ensure its functionality and is typically discarded
at the same time as the packaging unit, although not necessarily in the same disposalroute;(35) ‘separate component’ means a packaging component that is distinct from the main
body of the packaging unit, which is of a different material, that needs to bedisassembled completely and permanently from the main packaging unit ▌ , and thatis typically discarded prior to and separately from the packaging unit, and covers
packaging components that can be separated from each other simply throughmechanical stress during transportation or sorting;(36) ‘unit of packaging’ means a unit as a whole, including any integrated or separate
components, which together serve a packaging function such as the containment,
protection, handling, delivery, storage, transport and presentation of products, andincluding 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 newmaterials, ▌ resulting in a significant improvement in the functions of packaging,such as containment, protection, handling, or delivery of products, and in overall
demonstrable environmental benefits, with the exception of packaging that is theresult of modification of existing packaging for the main purpose of improved
presentation of products and marketing;(38) ‘secondary raw materials’ means materials that have undergone all necessary
checking and sorting and been obtained through recycling processes and that can
substitute primary raw materials;(39) ‘post-consumer plastic waste’ means ▌ waste, as defined in Article 3(1) of Directive
2008/98/EC, that is plastic and that has been generated from plastic products thathave been supplied for distribution, consumption or use and placed on the market
of a Member State or of a third country;

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EN(40) ‘contact sensitive packaging’ means packaging that is intended to be applied to
products 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, Directive 2008/68/EC or for products as
defined in Article 1 and 2 of Commission Decision (EU)2023/1809, Directive
2002/46/EC of the European Parliament and of the Council53, or Directive
2008/68/EC;(41) ‘compostable packaging’ means packaging that biodegrades or is capable ofundergoing biological decomposition, combined if necessary with physicaltreatment, only in industrially controlled conditions, including anaerobic digestion,
resulting ultimately in conversion into carbon dioxide or in the absence of oxygen,methane, mineral salts, biomass and water ▌ and does not hinder or jeopardise theseparate collection and the composting and anaerobic digestion process;(41a) ‘home compostable packaging’ means packaging that can biodegrade in noncontrolled conditions that are not industrial scale composting facilities and thecomposting process of which is performed by private individuals with the aim of
producing compost for their own use;(41b) ‘biobased plastics’ means plastics made from biological resources such as biomass
feedstock, organic waste or by-products. Biobased plastic can be both,biodegradable or non-biodegradable;(42) ‘single use plastic beverage bottles’ means beverage bottles listed in Part F of theAnnex to Directive (EU) 2019/904;(43) ‘plastic’ means a material consisting of a polymer within the meaning of Article 3,
point 5, of Regulation (EC) No 1907/2006, to which additives or other substances
may have been added, and which is capable of functioning as a main structuralcomponent of packaging, with the exception of natural polymers that have not beenchemically modified;

53

Directive 2002/46/EC of the European Parliament and of the Council of 10 June 2002 on
the approximation of the laws of the Member States relating to food supplements (OJ L
183, 12.7.2002, p. 51).

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(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 receptacles used to store and collect waste, for example
containers, bins and bags;(50) ‘deposit’ means a defined sum of money, not being part of the price of a packaged orfilled product that is collected from the end user when purchasing such packaged orfilled product, covered by a deposit and return system in a given Member State andredeemable when the end user or any person 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 that system, andredeemed ▌ when the deposit bearing packaging is returned through one of thecollection channels that are authorised for that purpose by the national authorities;(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) ofRegulation (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
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(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 of a packaging’s life,
consisting of raw material acquisition or generation from natural resources, preprocessing, manufacturing, storage, distribution, use, repair, re-use, and end-oflife;(57) ‘packaging presenting a risk’ means a packaging that, by not complying with arequirement set out in or pursuant to this Regulation other than those listed in Article
56(1), may adversely affect the environment, health, or other public interests
protected by that requirement;(58) ‘packaging presenting a serious risk’ means ▌ packaging presenting a risk for which,based on an assessment, the degree of the relevant non-compliance or the associatedharm is considered to require rapid intervention by the market surveillanceauthorities, including cases where the effects of the non-compliance are notimmediate;(59) ‘online platform’ means online platform as defined in Article 3 point (i) ofRegulation (EU) 2022/2065;(60) ‘waste’ means waste as defined in Article 3, point (1), of Directive 2008/98/EC.
Reusable packaging sent to reconditioning is not considered to be waste;(61) ‘public contracts’ means public contracts as defined in Article 2, point (5), of
Directive 2014/24/EU or as referred to in Directive 2014/25/EU;
2.

In addition to the definitions referred to in paragraph 1, the following definitions apply:▌ ‘waste management’, ‘collection’, treatment, ‘separate collection’, ‘extended
producer responsibility scheme’, ‘preparing for re-use’ ▌ and ‘recycling’, laid downin Article 3 ▌ of Directive 2008/98/EC ▌ ;▌ ‘market surveillance’, ‘market surveillance authority’, ‘fulfilment service
provider’, ‘corrective action’, ‘recall’, ‘withdrawal’ and ‘risk’, laid down in Article 3▌ of Regulation (EU) 2019/1020;

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EN‘substances of concern’ and ‘data carrier’, laid down in Article 2 of Regulation[Ecodesign for sustainable products].
An indicative list of items falling within the definition of packaging in paragraph 1, point(1), is set out in Annex I.

Article 4
Free movement
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, labelling and information requirements set out in
Articles 5 to 11.

3.

▌

4.

In case Member States choose to maintain or introduce national sustainability requirements
or information requirements additional to those laid down in this Regulation, thoserequirements 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 thatcomplies with the requirements under this Regulation for reasons of non-compliance withthose national requirements.

5.

▌

6.

At trade fairs, exhibitions or similar events, Member States shall not prevent the showingof 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.

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ENChapter II
Sustainability requirements

Article 5
Requirements for substances in packaging
1.

Packaging placed on the market shall be so manufactured that the presence andconcentration of substances of concern as constituents of the packaging material or of anyof the packaging components is minimised, including with regard to their presence inemissions and any outcomes of waste management, such as secondary raw materials, ashes
or other material for final disposal, and the adverse impact on the environment due tomicro-plastics.

1a.

The Commission shall monitor the presence of substances of concern in packaging andin packaging components and shall take, where appropriate, the relevant follow-up
measures.
By 31 December 2026, the Commission, assisted by the European Chemicals Agency,
shall prepare a report on the presence of substances of concern in packaging andpackaging components, to determine the extent to which they negatively affect the re-use
and recycling of materials or impact chemical safety. This report may list the substancesof concern present in packaging and packaging components and indicating the extent towhich they may present an unacceptable risk to human health and the environment.
The Commission shall submit the report to the European Parliament, to the Council andto the Committee referred to in Article 59 of this Regulation detailing its findings andshall consider appropriate follow-up measures, including:a)for substances of concern in packaging materials which primarily affect humanhealth or the environment, the use of the procedures referred to in Article 68(1)and (2) of Regulation (EC) No 1907/2006 to adopt new restrictions;

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b)

for substances of concern that negatively affect the re-use and recycling ofmaterials in the packaging in which they are present, the establishment of
restrictions as a part of design for recycling criteria in accordance with Article 6(4)of this Regulation.

If a Member State considers that a substance negatively affects the re-use and recyclingof materials in the packaging in which it is present it shall, by 31 December 2025, supply
such information to the Commission and the European Chemicals Agency and, whereavailable, refer to the relevant risk assessments or other relevant data.
1b.

Member States may request the Commission to consider restricting the use of substancesof concern that potentially negatively affect the re-use and recycling of materials inpackaging in which they are present, for reasons other than those related primarily totheir chemical safety, under the provision of Article 6(4)(a). Member States shallaccompany such requests with a report documenting the identity and uses of thesubstance and a description of how the use of the substances in packaging hinders
recycling, for reasons other than those related primarily to chemical safety. The
Commission shall evaluate the request and present the results of this evaluation to theCommittee referred to in Article 59.

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 foodcontact materials and articles in Regulation (EC) No 1935/2004, the sum of concentrationlevels of lead, cadmium, mercury and hexavalent chromium resulting from substancespresent in packaging or packaging components shall not exceed 100 mg/kg.

2a.

From ... [OP: Please insert the date = 18 months from the date of entry into force of thisRegulation], food contact packaging shall not be placed on the market if it contains perand polyfluorinated alkyl substances (PFASs) in a concentration of or above thefollowing limit values to the extent that the placing on the market of this packaging
containing this concentration of PFAS is not prohibited pursuant to another Union legalact:
1.

25 ppb for any PFAS as measured with targeted PFAS analysis (polymeric PFASs
excluded from quantification);7859/24

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2.

250 ppb for the sum of PFASs measured as sum of targeted PFAS analysis,
optionally with prior degradation of precursors (polymeric PFASs excluded fromquantification); and3.

50 ppm for PFASs (polymeric PFASs included). If total fluorine exceeds 50 mg
F/kg the manufacturer, importer or downstream user shall upon request provide to
the enforcement authorities a proof for the fluorine measured as content of either
PFASs or non-PFASs.

For the purpose of this Regulation, PFAS consist of any substance that contains at least
one fully fluorinated methyl (CF3-) or methylene (-CF2-) carbon atom (without any
H/Cl/Br/I attached to it), except substances that only contain the following structuralelements: CF3-X or X-CF2-X’, where X = -OR or -NRR’ and X’ = methyl (-CH3),
methylene (-CH2-), an aromatic group, a carbonyl group (-C(O)-), -OR’’, -SR’’ or –NR’’R’’’; and where R/R’/R’’/R’’’ is a hydrogen (-H), methyl (-CH3), methylene (-CH2), an aromatic group or a carbonyl group (-C(O)-).
By … [4 years from the date of application of this Regulation], the Commission shallcarry out an evaluation to assess the need to amend or repeal this paragraph in order toavoid overlaps with restrictions or prohibitions of the use of PFAS set out in accordancewith Regulation (EC) No 1907/2006, Regulation (EU) 2019/1021 or Regulation (EC) No
1935/2004.
3.

Compliance with the requirements set out in paragraphs 2 and 2a shall be demonstrated in
the technical documentation drawn up in accordance with Annex VII.

4.

▌

5.

In order to take account of ▌ scientific and technical progress, the Commission may adopt
delegated acts in accordance with Article 58, to amend this Regulation in order to lower
the sum of concentration levels of lead, cadmium, mercury and hexavalent chromium
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(b)

In order to take account of scientific and technical progress, the Commission may
adopt delegated acts in accordance with Article 58, to supplement this Regulationin order to determine the conditions under which the concentration level referred toin paragraph 2 shall not apply to recycled materials or to product loops, which are ina closed and controlled chain, as well as to determine the packaging types or formats
of packaging, based on the packaging categories listed in Table 1 of Annex II,
which shall be exempted from the requirements laid down in that paragraph. Suchdelegated acts shall be justified on the basis of a case by case analysis, time-limited,
provide for appropriate marking and information requirements, and containrequirements for regular reporting in order to ensure that the exemption is regularly
reviewed. Delegated acts adopted in accordance with this paragraph shall only be
adopted to amend exemptions established in Commission Decisions 2001/171/EC
and 2009/292/EC.

5b.

By … [7 years from the date of application of this Regulation], the Commission shallcarry out an evaluation to assess whether this Article and design for recycling criteria set
out in accordance with Article 6(4) have contributed sufficiently to minimising thepresence and concentration of substances of concern as constituents of packaging
materials.

Article 6
Recyclable packaging
1.

All packaging placed on the market shall be recyclable.

2.

Packaging shall be considered recyclable if it fulfils the following conditions:(a)

it is designed for material recycling, which enables the use of resulting secondary
raw materials that are of sufficient quality when compared to the original material
that it can be used to substitute primary raw materials, in accordance withparagraph 4. Packaging that is in compliance with the delegated acts adopted
pursuant to paragraph 4 shall be deemed to comply with this condition.

(b)

▌

(c)

▌

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(d)

▌

(e)

When it becomes waste, it can be separately collected in accordance with Article
43(1) and (2), sorted into specific waste streams without affecting the recyclabilityof other waste streams and recycled at scale, on the basis of the methodology set
out in accordance with paragraph 6.

Packaging that is in compliance with the delegated acts adopted pursuant to paragraph 4
and implementing acts adopted pursuant to paragraph 6, shall be deemed to comply withboth conditions set out in this paragraph.
Paragraph 2, point (a), shall apply from 1 January 2030 or two years after the date entry
into force of the delegated acts referred to in paragraph 4, whichever is the latest.
Paragraph 2, point (b), shall apply from 1 January 2035 or five years after the date entry
into force of the implementing acts referred to in paragraph 6, whichever is the latest.
3.

The manufacturer, in accordance with Article 13, shall assess the packaging
recyclability on the basis of the delegated acts ▌ pursuant to paragraph 4 and theimplementing acts pursuant to paragraph 6. Packaging recyclability shall be expressedin the recyclability performance grades A, B or C described in Table 2 of Annex II.
Without prejudice to paragraph 9, by 1 January 2030 or 24 months after entry into forceof the delegated acts pursuant to paragraph 4, whichever is the latest, packaging shallnot be placed on the market unless it is recyclable within grades A, B or C.
Without prejudice to paragraph 9, by 1 January 2038 packaging shall not be placed on
the market unless it is recyclable within grades A or B.

4.

By 1 January 2028, the Commission shall, after taking into consideration standards
developed by the European Standards Organisations, adopt delegated acts to establish:(a)design for recycling criteria and recycling performance grades based on Table 2
and the parameters listed in Table 2a of Annex II for packaging categories listed
in Table 1 of that Annex.
Design for recycling criteria and recyclability performance grades will be
developed on the basis of the predominant material and shall:

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(i)

take into account the ability of packaging waste to be separated into
different material streams for recycling, sorted and recycled, so that theresulting secondary raw materials are of sufficient quality compared to theoriginal material and can be used to substitute primary raw materials for
packaging or other applications where the quality of the recycled material isretained, where feasible.

(ii)

consider established collection and sorting processes proven in an
operational environment and shall cover all packaging components ;(iia) take into account available recycling technologies, their economic andenvironmental performance, including the quality of the output, theavailability of the waste, the energy needed and GHG emissions;(iii) as appropriate, identify substances of concern that negatively affect the reuse and recycling of materials in the packaging in which they are present;(iv) as appropriate, impose restrictions on the presence of such substances orgroups of such substances, in packaging or packaging components forreasons not relating primarily to chemical safety. Such restrictions may also
serve to reduce unacceptable risks to human health or the environment,
without prejudice to restrictions on chemicals set out in Annex XVII ofRegulation (EC) No 1907/2006 or, where applicable, the restrictions andspecific measures on food contact materials and articles in Regulation (EC)No 1935/2004.
(b)

how to perform recyclability performance assessment and express its result inrecyclability performance grades per packaging unit, in terms of weighting,including material-specific criteria and sorting efficiency to determine whether
packaging is recyclable under paragraph 2;(c)a description, for each packaging category listed in Table 1 of Annex II, of theconditions for compliance with the respective performance grades;(d)a framework concerning the modulation of financial contributions to be paid byproducers to comply with their extended producer responsibility obligations set out
in Article 40(1), based on the packaging recycling performance grades.

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ENWhen adopting the delegated acts referred to in the first subparagraph, the Commission
shall take into account the results of the assessment, if any, carried out pursuant to
Article (5)(1)(a). Those delegated acts shall be adopted in accordance with Article 58.
The Commission is empowered to adopt delegated acts in accordance with Article 58 toamend Table 1 of Annex II in order to adapt it to the scientific and technical developments
in material and product design, and collection, sorting and recycling infrastructure. The
Commission is empowered to adopt design for recycling criteria for additional packaging
categories or to create sub-categories within the categories listed in Table 1 of Annex II.
Economic operators shall comply with the new or updated design for recycling criteria at
the latest by three years after the entry into force of the relevant delegated act.
5.

▌

6.

By 1 January 2030, the Commission shall adopt implementing acts(a)establishing the methodology for the recycled at scale assessment per packaging
category listed in Table 1a of Annex II, supplementing Table 2 of Annex II withthresholds for the recyclability at scale assessment and, if necessary, updating theoverall recyclability performance grades described in Table 2 of Annex II. Thatmethodology shall be based on, at least, the following elements:(i)quantities of packaging per packaging category listed in Table 1a of Annex IIplaced on the market in the Union as a whole and in each Member State;(ii)

quantities of recycled packaging waste, as calculated at the calculation pointin accordance with implementing act adopted under Article 50(7)(a), perpackaging category listed in Table 1a of Annex II, in the Union as a wholeand in each Member State.

(b)

▌

(c)

the chain of custody mechanism ensuring that packaging is recycled at scale. Suchchain of custody mechanism shall be based on at least the following elements:(i)technical documentation referring to the amount of collected packaging
waste that are sent to sorting and recycling facilities.

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(ii)

a verification process that allows manufacturers to obtain the necessary datafrom the downstream operators ensuring that packaging is recycled at scale.
Those implementing acts shall be adopted in accordance with theexamination procedure referred to in Article 59(3).

The data referred to in points (a) to (c) shall be available and easily accessible by the
public.
(d)▌6aaa. The Commission shall assess the granularity of data that need to be reported for therecycled at scale methodology. Where appropriate, the Commission shall adopt delegatedacts in accordance with Article 58 to amend Table 1a of Annex II and Table 4 of Annex
XII to adapt them to technical and scientific development.
6aab. By 2035, the Commission, on the basis of development of the sorting and recycling
technologies, may review the minimum threshold for packaging to be considered
recycled at scale as laid down in Article 3(1)(32) and, where necessary, present a
legislative proposal to revise them.
6aa. 18 months from the date of entry into force of the delegated acts pursuant to paragraph
4 and implementing acts pursuant to paragraph 6, in order to increase the level ofrecyclability of packaging, the financial contributions paid by producers to comply with
their extended producer responsibility obligations as laid down in Article 40 shall be
modulated according to the recyclability performance grades, as detailed in the delegatedacts pursuant to paragraph 4 and implementing acts pursuant to paragraph 6.
When applying such criteria, Member States shall take into account the technicalfeasibility and economic viability of recycling of packaging materials referred to in
Article 6, paragraph 10, point (cc).
7.

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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 compliancewith the design for recycling criteria and with the at scale recyclability requirements shall
include all integrated components. A separate assessment shall be carried out for
integrated components that may separate from each other through mechanical stressduring transportation or sorting.
Where a unit of packaging includes separate components, the assessment of compliancewith the design for recycling requirements and with the at scale recyclability requirements
shall be carried out separately for each separate component.
All components of a unit of packaging shall be compatible with the established collection,sorting and recycling processes proven in an operational environment and shall not hinder
the recyclability of the main body of the unit of packaging.

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9.

By derogation from paragraphs 2 and 3, from 1 January 2030, innovative packaging that
does not comply with the requirements under paragraph 2 may be placed on the market
for a maximum period of 5 years after the end of the calendar year when it was first placedon the market.
Where use is made of this derogation, the economic operator shall notify the competentauthority before the innovative packaging is placed on the market and include alltechnical details demonstrating that the packaging is innovative packaging. That
notification shall include a timeline to reach ‘at scale’ recyclability requirements interms of collection and recycling of the innovative packaging. The information shall bemade available to the Commission and the national authorities carrying out market
surveillance.
If the competent authority considers that the packaging is not innovative packaging, theeconomic operator shall comply with the existing design for recycling criteria.
If the competent authority considers that the packaging is innovative packaging, it shallinform the Commission thereof.
The Commission shall assess requests by competent authorities in relation to innovative
nature of packaging and update or adopt new delegated acts under paragraph 4 of this
Article, as appropriate.
After the period referred to in the first sub-paragraph, such packaging shall beaccompanied by the technical documentation referred to in paragraph 8 and shall therefore
be in compliance with the requirements set out in this Article.
The Commission shall monitor the impact of the derogation referred to in the firstsubparagraph on the amount of packaging placed on the market. The Commission shall,where appropriate, adopt a legislative proposal with a view to amending the firstsubparagraph.
Member States shall continuously aim to improve collection and sorting infrastructures
for innovative packaging with expected environmental benefits.

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10.

▌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 ▌ packaging of medical devices covered by Regulation (EU)2017/745;(c)contact sensitive ▌ packaging of in vitro diagnostics medical devices covered byRegulation (EU) 2017/746.

(ca) 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 isnecessary to comply with specific requirements to preserve the quality of the
medicinal product;(caa) contact sensitive packaging for infant formula and follow-on formula, processedcereal-based food and baby food, and food for special medical purposes as definedin Article 1, points (a), (b) and (c), of Regulation (EU) No 609/2013.
(cb) packaging used for the transport of dangerous goods under Directive 2008/68/EC.
(cc) Sales packaging made from lightweight wood, cork, textile, rubber, ceramic,
porcelain or wax. However, paragraph 6aa shall apply to this packaging.
(cd) By 1 January 2035, the Commission shall review the exceptions under paragraph
10 taking into account, at least, the evolution of sorting and recycling technologies
and practical experience gained by the economic operators and Member States. On
this basis, it shall assess the appropriateness of their continuity and, where
necessary, present a legislative proposal.
11.

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Article 7
Minimum recycled content in plastic packaging
1.

By 1 January 2030 or three years after the date into force of the implementing act
referred to in paragraph 7, whichever is the latest, any plastic part of packaging placedon the market, shall contain the following minimum percentage of recycled content
recovered from post-consumer plastic waste, per packaging type and format as referred toin Table 1 of Annex II, calculated as an average per manufacturing plant and year:(a)

30 % for contact sensitive packaging, except single use beverage bottles, made frompolyethylene 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;

2.

(c)

30 % for single use plastic beverage bottles;(d)

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

By 1 January 2040, any plastic part of packaging placed on the market shall contain thefollowing minimum percentage of recycled content recovered from post-consumer plastic
waste, per packaging type and format as referred to in Table 1 of Annex II, calculated as
an average per manufacturing plant and year:(a)

50 % for contact sensitive ▌ packaging, except single use ▌ beverage bottles, madefrom polyethylene terephthalate (PET) as the major component;

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(aa) 25% for contact sensitive packaging made from plastic materials other than PET.
(b)

65 % for single use plastic beverage bottles;(c)

65 % for plastic packaging other than those referred to in points (a) and (b);2a.

For the purposes of this Article, recycled content shall be recovered from postconsumer plastic waste that(i)has been collected within the Union pursuant to this Regulation, the nationalrules transposing Directive (EU) 2019/904 and Directive 2008/98/EC, as
relevant, or it has been collected in a third country in accordance withstandards for separate collection to promote high quality recycling equivalent
to those referred to in this Regulation, Directive (EU) 2019/904 and Directive
2008/98/EC, as relevant, and(ii)

where applicable, has been recycled in an installation located within theUnion to which Directive 2010/75/EU applies, or it has been recycled in an
installation located in a third country to which rules concerning theprevention and reduction of emissions into air, water and land associated to
the recycling operations apply. Those rules shall be equivalent to thoseconcerning emissions limits and environmental performance levels
established in accordance with Directive 2010/75/EU that are applicable toan installation established in the Union carrying out the same activity. Thiscondition shall apply only in case those limits and levels would be applicable
to an installation located in the Union and carrying out the same activity as
an analogous installation located in the third country.

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, devices exclusively destinedfor research use and investigational devices covered by Regulation (EU) 2017/745;

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(c)

contact sensitive plastic packaging of in vitro diagnostics medical devices covered byRegulation (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 isnecessary to comply with specific requirements to preserve the quality of the
medicinal product.

(e)compostable plastic packaging;(ea) packaging used for the transport of dangerous goods provided for in Directive
2008/68/EC.
(eb) contact sensitive plastic packaging for food only intended for infants and young
children, food for special medical purposes and packaging for drinks and foodtypically used for young children as defined in Article 1, points (a), (b) and (c), ofRegulation (EU) No 609/2013;(ec) packaging of supplies, components, and immediate packaging components for the
manufacturing of medicinal products under Directive 2001/83/EC and forveterinary medicinal products under Regulation (EU) 2019/6 where suchpackaging is needed to be in line with the quality standards of the medicinal
product.
4.

Paragraphs 1 and 2 shall not apply to:(a)plastic packaging intended to come into contact with food in case the amount ofrecycled content poses a threat to human health and results in non-compliance of
packaged products with Regulation (EC) 1935/2004;(b)

to any plastic part representing less than 5% of the total weight of the whole
packaging unit.

5.

Compliance with the requirements set out in paragraphs 1 and 2 shall be demonstrated byeconomic operators in the technical information concerning the packaging referred to in
Annex VII.

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6.

▌The financial contributions paid by producers to comply with their extended producer
responsibility obligations as laid down in Article 40 may be modulated based on thepercentage of recycled content used in the packaging. Any such modulation shall take into
account sustainability criteria of the recycling technologies and the environmental costs
for the purposes of recycled content.

7.

By 31 December 2026, the Commission shall adopt implementing acts establishing themethodology for the calculation and verification of the percentage of recycled content,
recovered from post-consumer plastic waste recycled and collected within the Union withthe conditions set out in paragraph 2a, as well as the format for the technicaldocumentation referred to in Annex VII. For that purpose, the Commission shall take
into account the use of resulting secondary raw materials that are of sufficient quality
when compared to the original material that they can be used to substitute primary raw
materials The verification methodology can include the obligation to carry independent
third-party audit on manufacturers of recycled content in the Union and plastic
packaging placed on the market as a sales unit separate from other products to ensurethat the conditions set out in paragraph 2a and in the delegated act under para.
[7a(new)] below are met.
When adopting the implementing acts, the Commission shall assess, in view of theavailable recycling technologies, their economic and environmental performance,
including the quality of the output, the availability of the waste, the energy needed andgreenhouse gas emissions and other relevant environmental impacts.
Those implementing acts shall be adopted in accordance with the examination procedurereferred to in Article 59(3).

7a.

On the basis of the assessment referred to in the last sentence of paragraph 7 above, theCommission shall adopt by 31 December 2026 delegated acts supplementing thisRegulation with sustainability criteria for plastic recycling technologies. For the
purposes of this Article, recycled content shall be recovered from post-consumer plastic
waste that either has been recycled in:

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(i)

installations located within the Union using recycling technologies which meetsuch sustainability criteria established pursuant to this paragraph, or(ii)

installations is located in a third country installation using recycling technologies
in accordance with standards equivalent to the sustainability criteria developed
under the delegated acts.

7b.

By 31 December 2026, the Commission shall adopt an implementing act establishing themethodology for assessing, verifying and certifying, included through third-party audit,
the equivalence of the rules applied in case the recycled content recovered from postconsumer plastic waste is recycled or collected outside the Union. The assessment shallconsider the standards of protection of environment and human health, including
standards to ensure that recycling is performed in an environmentally-sound manner,standards on high quality recycling, such as on resource efficiency, quality standards forthe recycling sectors. Those implementing acts shall be adopted in accordance with theexamination procedure referred to in Article 59(3).

8.

By 1 January 2029 or two years after the date into force of the implementing act referred
to in paragraph 7, whichever the latest, the calculation and verification of the percentageof 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 theminimum 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 specificplastic packaging.
Based on that assessment, where suitable recycling technologies to recycle plastic
packaging are not available because they are not authorised under the relevant Union
rules or are not sufficiently installed in practice, taking into account any safety related
requirements, especially concerning contact sensitive plastic packaging, including foodpackaging, 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; and7859/24

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(b)

as appropriate,amend the list of the derogations established in paragraph 3,▌
10.

Where justified by the lack of availability or excessive prices of specific recycled plastics
that can have adverse effects on human or animal health, security of food supply or theenvironment, making compliance with the minimum percentages of recycled content set
out in paragraphs 1 and 2 excessively difficult, the Commission shall be empowered toadopt a delegated act in accordance with Article 58 to amend paragraphs 1 and 2 byadjusting the minimum percentages accordingly. In evaluating the justification of suchadjustment, the Commission shall assess requests from natural or legal persons to beaccompanied by relevant information and data on the market situation for this postconsumer plastic waste and best available evidence regarding the related risks to human or
animal health, to the security of food supply or to the environment. The Commission shalladopt the delegated act only in exceptional cases where there would be severe adverse
effects for human or animal health, the security of food supply or the environment.

10a.

By [7 years after the entry into force of this Regulation], taking into account theevolution of the state of the art of the technology and the practical experience gained byeconomic operators and Member States, the Commission shall present a report
reviewing the implementation of the 2030 minimum percentage of recycled content set
out in this Article, and evaluating to what extent these percentages lead to solutions
fostering sustainable packaging that are effective and easy to implement, the feasibilityof the achievement of percentages set for 2040 on the basis of the experience inachieving the 2030 percentages and the evolving circumstances, the relevance of
maintaining the exemptions and derogations set out in this Article, and the necessity or
pertinence of setting new minimum percentages of recycled content. This report shall,where appropriate, be accompanied by a legislative proposal amending this Article, inparticular the 2040 minimum percentages of recycled content.

11.

By … [7 years from the date of entry into force of this Regulation], the Commission shallreview the situation regarding the use of recycled packaging materials in packaging otherthan plastics and, on this basis, assess the appropriateness of establishing measures, orsetting targets, for increasing the use of recycled content in such other packaging, andwhere necessary present a legislative proposal.

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Article 7a
Bio-based feedstock in plastic packaging
1.

By … [3 years from the date of entry into force of this Regulation], the Commission
shall review the state of technological development and environmental performance of
bio-based plastic packaging taking into consideration the sustainability criteria laid
down in Article 29 of Directive (EU) 2018/2001;

2.

Where appropriate, and based on that review, the Commission shall present a legislative
proposal in order to:a)lay down sustainability requirements for bio-based feedstock in plastic packaging;b)

lay down targets to increase the use of bio-based feedstock in plastic packaging;c)

introduce the possibility to achieve the targets set out in Article 7(1) and (2) of thisRegulation by using bio-based plastic feedstock instead of recycled content
recovered from post-consumer plastic waste in case suitable recycling technologies
for food contact packaging complying with the requirements laid down inRegulation (EU) 2022/1616 are not available.

d)modify, where appropriate, the definition of biobased plastic set out in Article
3(41b).

Article 8
Compostable packaging
1.

By way of derogation from Article 6(1), by [36 months from the date of entry into force of
this Regulation], packaging placed on the market referred to in Article 3(1f) and sticky
labels attached to fruit and vegetables shall be compatible with the standard forcomposting in industrially controlled conditions in bio-waste treatment facilities and shallbe compatible, when required by the Member States, with home composting standards
referred to in paragraph 5a.

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2.

By way of derogation from Article 6(1), where Member States allow waste with similar
biodegradability and compostability properties to be collected together with bio-waste
pursuant to article 22 (1) of Directive (UE) 2008/98 and appropriate waste collection
schemes and waste treatment infrastructure are available to ensure that compostable
packaging enters the organic waste management stream, Member States may require thatthe following packaging shall be made available on their market for the first time only ifthey are compostable:i)packaging referred to in Article 3 (1), point (1)(g) composed of material other thanmetal, very lightweight plastic carrier bags and lightweight plastic carrier bags,ii)

packaging other than those mentioned in paragraph i) for which the Member Statealready required that they be compostable before the date of application of thisRegulation.

3.

By … [36 months from the date of entry into force of this Regulation], packaging otherthan that referred to in paragraphs 1 and 2, including packaging made of biodegradable
plastic polymers and other biodegradable materials, shall allow material recycling, in
accordance with Article 6, and without affecting the recyclability of other waste streams.

4.

Compliance with the requirements set out in paragraphs 1 to 3 shall be demonstrated in thetechnical information concerning the packaging referred to in Annex VII.

5.

The Commission may analyse whether other packaging should be included in Article
8(1) or Article 8 (2) (i) when justified and appropriate due to technological and regulatory
developments affecting the elimination of compostable packaging and in the conditions
established in Annex III, and, where appropriate, present a legislative proposal.

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5a.

By 12 months from the date of entry into force of this Regulation, the Commission shallrequest the European standardisation organisations to prepare or update harmonised
standards laying down the detailed technical specifications of the requirements oncompostable packaging. When doing so, the Commission shall request that, in line withthe latest scientific and technological developments, parameters such as retention times,
temperatures and stirring, which reflect the actual conditions in home composts and in
bio-waste treatment facilities, including anaerobic digestion processes, are taken into
account. The Commission shall request that those standards include verification that thecompostable packaging undergoing the biological decomposition subject to the specified
parameters, results ultimately in conversion into carbon dioxide or, in absence ofoxygen, methane, mineral salts, biomass and water.
By 12 months from the date of entry into force of this Regulation, the Commission shallalso request the European standardisation organisations to prepare harmonised
standard laying down the detailed technical specifications of the requirements on homecompostability of packaging referred to in Article 8(1).

Article 9
Packaging minimisation1.

By 1 January 2030, the manufacturer or importer shall ensure that the packaging placedon the market is designed so that its weight and volume is reduced to the minimum
necessary for ensuring its functionality taking account of the shape and material that the
packaging is made of.

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2.

The manufacturer or importer shall ensure that packaging which does not comply withthe 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, is not placed on the market, unless the packaging designis protected by a Community design under Council Regulation (EC) 6/2002, design
rights falling under the scope of applications of Directive 98/71/EC, includinginternational agreements having effect in one of the Member States, or its shape is atrademark falling under the scope of Regulation (EU) 2017/1001, or Directive (EU)2015/2436, including trademarks registered under international agreements having
effect in one of the Member States, or the packaged product or beverage belongs to
geographical indications protected under Union legislation including Regulation (EU)No 1308/2013 for wine and Regulation (EU) 2019/787 for spirit drinks or covered by aquality schemes as referred to in Regulation (EU) No 1151/2012.
The exemption in the subparagraph above applies only to design rights and trademarks
protected by [date of entry into force of this Regulation], and only in case the applicationof the requirements under this Article affects (i) the packaging design in a way that it
alters its novelty or its individual character, or (ii) the trademark in a way that thetrademark is not capable anymore to distinguish the marked good from those of other
undertakings.

2a.

By ... [OP: Please insert the date = 24 months from the date of entry into force of thisRegulation], the Commission shall request the European standardisation organisations,as appropriate, to prepare or update harmonised standards laying down the methodology
for the calculation and measurement of compliance with the requirements concerning
packaging minimisation under this Regulation. For most common packaging types andformats such standards should specify maximum adequate weight and volume limits,and, if appropriate, wall thickness and maximum empty space.

3.

▌

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:

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(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, such as modelling andsimulations, used to assess the minimum necessary volume or weight of the
packaging.

For reusable packaging, the assessment of compliance with the requirements set out inparagraph 1 shall take into account the function of reusable packaging as referred to in
Article 10, and in the first place the requirements set out therein.

Article 10
Reusable packaging
1.

Packaging placed on the market from [the date of entry into force of this Regulation]
shall be deemed to be reusable where it fulfils the following conditions:(a)it has been conceived, designed and placed on the market with the objective to be reused multiple times;(b)

it has been conceived and designed to accomplish as many ▌ rotations as possible innormally predictable conditions of use;(ba) it fulfils the requirements regarding consumer health, safety and hygiene.
(c)

it can be emptied or unloaded without causing damage to the packaging which
prevents its further function and re-use;(d)

it is capable of being emptied, unloaded, refilled or reloaded while ensuring
compliance with the applicable safety and hygiene requirements, including those on
food safety;(e)

it is capable of being reconditioned in accordance with Part B of Annex VI, whilst
maintaining its ability to perform its intended function;

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(f)

it can be emptied, unloaded, refilled or reloaded while maintaining the quality andsafety of the packaged product and allowing for the attachment of labelling, and theprovision 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 safetyof those responsible for doing so; and(h)it fulfils the requirements specific to recyclable packaging ▌ set out in Article 6
when it becomes waste;

1a.

By ... [OP: please insert the date 24 months after the entry into force of this Regulation],
the Commission shall adopt delegated act setting a minimum number for the rotations
referred to in paragraph 1, point (b), for reusable packaging for the packaging formats,which are most frequently used in reuse, taking into account hygiene and otherrequirements, such as logistics.

2.

Compliance with the requirements set out in paragraph 1 shall be demonstrated in thetechnical information concerning the packaging referred to in Annex VII.

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Chapter III
Labelling, marking and information requirements

Article 11
Labelling of packaging
1.

From … [42 months from the date of the entry into force of this Regulation] or 24months from the date of entry into force of the implementing act referred to in paragraph
5 and 6, whichever is the latest, packaging placed on the market shall be marked with alabel containing information on its material composition in order to facilitate consumer
sorting. The label shall be based on pictograms and be easily understandable, including
for persons with disabilities. For the packaging referred to in Article 8 (1) and, whereapplicable, 8(2), the label shall indicate that the material is compostable, it is not suitablefor home-composting, and compostable packaging shall not be thrown away in nature.
With the exception of e-commerce packaging, this obligation does not apply to transport
packaging or packaging part of a deposit and return system.
In addition to the harmonised label referred to in paragraph 1, economic operators mayplace a QR code or other type of digital data carrier on the packaging that contains
information on the destination of each separate component of the packaging in order tofacilitate consumer sorting.
Packaging subject to deposit and return systems referred to in Article 44(1) shall bemarked with a clear and unambiguous label. In addition to the national label, packaging
may be marked with a harmonised colour label established in the relevant implementing
act adopted pursuant to paragraph 5. Member States may require that such harmonisedlabel shall be marked on packaging subject to deposit and return systems under thecondition that this does not lead to distortions on the internal market or trade barriers
for products from other Member States.

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2.

Reusable packaging placed on the market from 48 months from the date of entry into
force of this Regulation or 30 months from the date of entry into force of theimplementing act referred to in paragraph 5, whichever is the latest , shall bear a label
informing users that the packaging is reusable. Further information on reusability shallbe made available through a QR code or other type of standardised, open, digital datacarrier, including the availability of a local, national or EU-wide system for re-use andinformation on collection points, and that facilitates the tracking of the packaging and thecalculation of trips and rotations, or an average estimation if that calculation is not
feasible. In addition, reusable sales packaging shall be clearly identified and distinguishedfrom single use packaging at the point of sale.

2a.

By way of derogation from paragraph 2, the requirement to bear a label and a QR codeor other type of digital data carrier shall not apply to open loop systems which do nothave a system operator in accordance with Annex VI.

3.

Where ▌ packaging covered by Article 7 is placed on the market from [42 months fromthe date of entry into force of this Regulation] or 24 months from the date of entry into
force of the implementing act referred to in paragraph 5, whichever is the latest and ismarked with a label containing information on the share of recycled content, that label and,
where applicable, the QR code or other type of digital data carrier shall comply with thespecifications 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 ▌ packaging ismarked with a label containing information on the share of bio-based plastic content, thatlabel shall comply with the specifications laid down in the relevant implementing act
adopted pursuant to Article 11(5).

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4.

Labels referred to in paragraphs 1 to 3 and the QR code or other type of digital data carrierreferred to in paragraph 2 shall be placed, printed or engraved visibly, clearly legibly andfirmly on the packaging, so that it cannot be easily erased. The information shall also be
available to end-users before the purchase of the product in online sales. Where this is
not possible or not warranted on account of the nature and size of the packaging, they shallbe affixed to the grouped packaging. Where this is not possible or not warranted on
account of the nature and size of the packaging or where it is relevant to provide fornon-discriminatory access to information for vulnerable groups, particularly visually
impaired persons, labels referred to in paragraphs 1 to 3 shall be provided via a single
electronically readable code or other type of data carrier.
The information contained in the labels referred to in paragraphs 1 to 3 and QR code orother type of digital data carrier shall be made available in one or more languages which
can be easily understood by end users as determined by the Member State in which the
packaging is to be made available on the market.
Where information is provided by electronic means in accordance with paragraphs 2 to
3, the following requirements shall apply:(a)adequate, relevant personal data is collected only for the limited purpose of giving
the user access to relevant compliance information referred to in paragraphs 2 to 3of this Article in respect of Article 5(1) of Regulation 2016/679/EU(b)

the information is not displayed with other information intended for sales ormarketing purposes.

Where Union legislation requires information on the packaged product to be provided via adata carrier, a single data carrier shall be used for providing the information required for ▌the packaged product and for the packaging, and both of them shall be easily
distinguishable.

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5.

By [OP: Please insert the date = 18 months after the date of entry into force of thisRegulation], the Commission shall adopt implementing acts to establish a harmonised label
and specifications for the labelling requirements and formats, including when provided
through digital means, for the labelling of packaging, referred to in paragraphs 1 to 3. The
Commission shall take into account the specificities of composite packaging whendeveloping the implementing act. When developing the harmonised label for packaging
subject to deposit and return systems referred to in Article 44(2), the Commission shalltake into consideration any variation which exists in the deposit charged by Member
States. Those implementing acts shall be adopted in accordance with the examination
procedure referred to in Article 59(3).

6.

By [OP: Please insert the date = 18 months after the date of entry into force of thisRegulation], the Commission shall adopt implementing acts to establish the methodology
for identifying the material composition of packaging referred to in paragraph 1 by meansof standardised, open, digital marking technologies, including for composite packaging
and integrated or separate components of packaging. Those implementing acts shall be
adopted in accordance with the examination procedure referred to in Article 59(3).
By 1 January 2030, the identification of substances of concern by means ofstandardised, open, digital technologies shall also be included and shall include at least
the name and concentration of the substance of concern present in each material in a
packaging unit. The packaging placed on the market containing substances of concern
shall be marked using the technologies referred to in the first subparagraph .

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 thisRegulation. The Commission shall adopt, where appropriate, guidelines in order toclarify aspects that are likely to mislead or confuse consumers or other end users.

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8.

By [two years after entry into force of this Regulation], packaging included in an
extended producer responsibility scheme may be identified throughout the territory of theMember States in which that scheme or system applies only by means of a corresponding
symbol in a QR code or other standardised digital marking technology in order to signifythat the producer fulfils its extended producer responsibility obligations. That symbol
shall be clear and unambiguous and shall not mislead consumers or users as to therecyclability or reusability of the packaging.

8a.

Packaging covered by a deposit and return system other than that referred to in Article
44(1) may, by virtue of national law, be identified by means of a corresponding symbol
throughout the territory in which that scheme or system applies. That symbol shall beclear and unambiguous and shall not mislead consumers or users about the packaging
recyclability and reusability in the Member States where it shall be returned. Member
States shall not prohibit the affixing of labels related to deposit and return system inplace in other Member State.

8b.

This Article shall not apply to the immediate and outer packaging as defined in Directive
2001/83/EC and in Regulation (EU) 2019/6, in Regulation (EU) 2017/745 and inRegulation (EU) 2017/746, if there is no space on the packaging due to other labelling
requirements as defined in the legislation mentioned above, or if the labelling of the
packaging could jeopardise the safe use of medicinal products for human use andveterinary medicinal products.

8c.

Packaging as referred to in paragraphs 1, 2 and 3, that is manufactured or imported
before the deadlines referred in those paragraphs, may be marketed until 36 months
after the date of entry into force of the labelling requirements laid down in paragraphs 1,
2 and 3.

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Article 12
Labelling of waste receptacles for the collection of packaging waste
By 42 months from the date of entry into force of this Regulation, or 30 months after the
adoption of the implementing acts referred to in paragraph 1b, whichever is the latest,
Member States shall ensure that harmonised labels that enable the separate collection ofeach material specific fraction of packaging waste that is intended to be discarded inseparate receptacles are affixed, printed or engraved visibly, legibly and indelibly on all
waste receptacles for collection of packaging waste. A receptacle for packaging waste
may bear more than one label. This obligation does not apply to receptacles covered by adeposit and return system.
1b.

By … [18 months from the date of entry into force of this Regulation], the Commission
shall adopt implementing acts to establish harmonised labels and specifications for thelabelling requirements and formats for the labelling of the receptacles referred to inparagraph 1a. When developing the implementing act, the Commission shall take into
account the specificities of the collection systems established in the Member States aswell as the specificities of composite packaging. The labelling for receptacles shallcorrespond to the labelling for packaging as referred to in Article 11(5) with the
exception of labelling for packaging covered by deposit and return systems. Those
implementing acts shall be adopted in accordance with the examination procedurereferred to in Article 59(3).

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Article 12b
Claims1.

Environmental claims as defined in Article 2, point (o), of Directive 2005/29/EC
concerning packaging properties for which legal requirements are set out in thisRegulation may be made in relation to packaging placed on the market if they fulfil thefollowing requirements:(a)they are made only in relation to packaging properties exceeding the applicableminimum requirements set out in this Regulation, in accordance with the criteria,
methodologies and calculation rules set out therein and;(b)they specify whether they relate to the packaging unit, part of the packaging unit
or to all packaging placed on the market by the producer.

Compliance with the requirements set out in this paragraph shall be demonstrated in thetechnical documentation concerning the packaging as set out in Annex VII.

Chapter IV
Obligations of economic operators other than the obligations in
Chapters V and VII

Article 13
Obligations of manufacturers
1.

Manufacturers shall only place on the market packaging which is in conformity with therequirements set out in Articles 5 to 11.
(a)

▌

(b)

▌

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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 theirbehalf, 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 5 years after single-use packaging has been placed on themarket, and 10 years after reusable 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. Manufacturers shall adequately take into
account changes in packaging design or in characteristics, as well as changes inharmonised standards, common technical specifications or other technical specifications byreference to which conformity is declared or by application of which its conformity isverified ▌. In case the manufacturers finds that the packaging’s conformity may beaffected, 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 otherelement allowing its identification or, where the size or nature of the packaging does notallow 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 theirname, registered trade name or registered trademark as well as the postal address, andwhere 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 theinformation through the QR code or other type of digital data carrier referred to in Article
11(2) or the data carrier referred to in Article 11(4) or in a document accompanying the
packaged product. The postal address shall indicate a single point at which the
manufacturer can be contacted. Such information shall be clear, understandable andlegible.

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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 confusedwith information required by other Union law on the labelling of the packaged product.

8.

Manufacturers who consider or have reason to believe that packaging which they haveplaced on the market from the date of entry into force of this Regulation is not in
conformity with one or more of the applicable requirements set out in Articles 5 to 11 shallimmediately 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 thepackaging available of the suspected non-compliance and of any corrective measurestaken.

8a.

By way of derogation from paragraph 8, the obligation to bring into conformity,
withdraw or recall packaging which is believed not to be in conformity with applicablerequirements shall not apply to reusable packaging placed on the market before theentry into force of this Regulation.

9.

Manufacturers shall, further to a reasoned request from a national authority, provide all theinformation 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 inelectronic form and, on request, in paper form. The relevant documents shall be madeavailable 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.

9a.

Paragraphs 2 and 3 shall not apply to custom-made transport packaging for
configurable medical devices and medical systems that are to be used in industrial andhealthcare environments.

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9b.

In case of transport packaging, reusable packaging, primary production packaging,grouped packaging, sales packaging or service packaging, if the natural or legal person
which has the packaging designed or manufactured under its own name or trademark
falls under the definition of micro-enterprise in accordance with Commission
Recommendation 2003/361/EC as publicly available on [OP: Please insert the date = thedate of entry into force of this Regulation], and the provider of the packaging is locatedin the European Union, then the provider of the packaging shall be considered the
manufacturer for the purpose of this Article.

Article 14
Information obligations of suppliers of packaging or packaging materials
1.

Any supplier of packaging or packaging materials shall provide the manufacturer with all
the information and documentation necessary for the manufacturer to demonstrate theconformity 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 anddocumentation to be provided to the manufacturer pursuant to paragraph 1.

Article 15
Obligations of authorised representative1.

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 technicaldocumentation as referred to in Annex VII and as required under Articles 5 to 10 shall notform part of the authorised representative's mandate.

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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 thedisposal of the national market surveillance authorities for 5 years after single-use
packaging has been placed on the market, and 10 years after reusable packaging
has been placed on the market;(b)cooperate with the national authorities, at their request, on any measures taken withregard 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 thisRegulation.

Article 16
Obligations of importers
1.

Importers shall only place on the market packaging which is in conformity with therequirements 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)

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(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 thepackaging on the market until it has been brought into conformity.
3.

Importers shall indicate on the packaging their name and their registered trade name orregistered trade mark as well as the postal address, and, where available, the electronicmeans of communication, where they can be contacted. Where that is not possible, therequired 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 withinformation 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 ortransport 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 placedon the market, is not in conformity with the applicable requirements set out in Articles 5 to11, 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 5 years after single-use packaging has been placed on the market,
and 10 years after reusable packaging has been placed on the market, keep a copy of the
EU declaration of conformity at the disposal of the market surveillance authorities andensure 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.

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9.

Importers shall, further to a reasoned request from a national authority, provide that
authority with all the information and documentation necessary to demonstrate theconformity of packaging, including technical documentation, with the applicablerequirements 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 inelectronic form and, on request, in paper form. The relevant documents shall be madeavailable 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.

Article 17
Obligations of distributors
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 forthe packaging is registered in the register of producers referred to in Article 39;(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 or importer is not complying with those
applicable requirements, the distributor shall not make the packaging available on themarket until it has been brought into conformity or until the manufacturer complies.
Distributors shall ensure that, while the packaging is under their responsibility, storage ortransport conditions do not jeopardise its compliance with the requirements set out in
Articles 5 to 11.

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3a.

Information disclosed by the producer shall not be used by the distributor for any
purpose other than to verify compliance with applicable requirements. The misuse ofsuch information by distributors for commercial purposes shall be prohibited.

4.

Distributors who consider or have reason to believe that packaging, which they have madeavailable on the market with the packaged product, is not in conformity with the applicablerequirements set out in Articles 5 to 11 shall make sure that the corrective measuresnecessary 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 isrelevant 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 bythat authority. That information and documentation shall be provided in electronic form
and, on request, in paper form.
Distributors shall cooperate with the national authority on any action taken to remedy any
case of non-compliance with the requirements set out in Articles 5 to 11.

Article 18
Obligations of fulfilment service providers
1.

Producers offering packaging to consumers located in the Union shall provide
fulfilment service providers with the information referred to in Article 40(3), points (a)and (b) at the moment of the conclusion of the contract between the provider and the
producer for any of the services mentioned in point (11) of Article 3 of Regulation (EU)2019/1020.

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1a.

Upon receiving the information referred to in paragraph 1 and at the moment of theconclusion of the contract between the provider and the producer for any of the services
mentioned in point (11) of Article 3 of Regulation (EU) 2019/1020, the fulfilment service
provider shall, through the use of any freely accessible official online database or online
interface made available by a Member State or the Union or the publicly available
registration list under Article 39(10) or through requests to the producer to provide
supporting documents from reliable sources, make best efforts to assess whether the
information referred to in paragraph 1 is reliable and complete. For the purpose of thisRegulation, producers shall be liable for the accuracy of the information provided.
Where the fulfilment service provider obtains sufficient indications or has reason tobelieve that any item of information referred to in paragraph 1 obtained from theproducer concerned is inaccurate, incomplete or not up-to-date, that provider shallrequest that the producer remedies that situation without delay or within the period set
by Union and national law.
Where the producer fails to correct or complete that information, the fulfilment service
provider shall swiftly suspend the provision of its service to that producer in relation tothe offering of packaging or packaged products to consumers located in the Union until
the request has been fully complied with. The fulfilment service provider shall provide
the producer with the reasons for the suspension.

1b.

Without prejudice to Article 4 of Regulation (EU) 2019/1150, if a fulfilment service
provider suspends the provision of its service pursuant to paragraph 1a of this Article,
producer concerned shall have the right to challenge the decision of the fulfilment
service provider before a court of the Member States where the fulfilment service
provider is established.

2.

Fulfilment service providers shall ensure that for packaging that they handle, theconditions during warehousing, handling and packing, addressing or dispatching, do notjeopardise the packaging’s compliance with the requirements set out in Articles 5 to 11.

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Article 19Case in which obligations of manufacturers apply to importers and distributors
An importer or a distributor shall be considered a manufacturer for the purposes of thisRegulation and shall be subject to the obligations of the manufacturer under Article 13,
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 therelevant requirements of this Regulation. In case of transport packaging, reusable
packaging, primary production packaging, grouped packaging, sales packaging orservice packaging if the natural or legal person which has the packaging designed or
manufactured under its own name or trademark falls under the definition of microenterprise in accordance with Commission Recommendation 2003/361/EC as publicly
available on [OP: Please insert the date = the date of entry into force of this Regulation],and the provider of the packaging is located in the European Union, then the provider ofthe packaging shall be considered the manufacturer for the purpose of this Article.

Article 20
Identification of economic operators
1.

Economic operators shall, upon request, provide information to the market surveillanceauthorities on the following:

2.

(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.

Economic operators shall be able to provide the information referred to in paragraph 1,
point (a), for 5 years after they have been supplied with the single-use packaging and
10 years after they have been supplied a reusable packaging.
Economic operators shall be able to provide the information referred to in paragraph 1,
point (b), 5 years after they have supplied the single-use packaging and for 10 years after
they have supplied the reusable packaging.

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Article 20a
Information obligations of packaging waste management operators
Packaging waste management operators shall provide annually the competentauthorities the information on packaging waste listed in Table 4 of Annex XII throughthe electronic registry or registries, in accordance with Article 35(1) of Directive (UE)2008/98.
The packaging waste management operators shall provide annually the producers in thecase of individual fulfilment of extended producer responsibility obligations, or theentrusted producer responsibility organisation in the case of collective fulfilment ofextended producer responsibility obligations, with all the information necessary tocomply with the information obligations as referred to in Article 39(7c).
By virtue of national law, Member States may provide that, when public authorities are
responsible for the organisation of the management of packaging waste, packaging
waste management operators provide annually such public authorities with all theinformation necessary to comply with the information obligations as referred to in
Article 39(7c), or through other means to supplement the electronic registry or registries,
in accordance with Article 35(1) of Directive 2008/98/EC.

Chapter IVa
Obligations of economic operators other than the obligations in Chapter
VII

Article 21
Obligation related to excessive packaging
1.

By 1 January 2030, or 36 months after the entry into force of the delegated acts adopted
pursuant to the second sub-paragraph, whichever is the latest, economic operators who
fills the packaging in grouped packaging, transport packaging or e-commerce packaging,shall ensure that the empty space ratio is maximum 50 %.

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By 3 years after the entry into force of this Regulation, the Commission is empowered toadopt implementing acts in accordance with Article 58 to establish the methodology forthe calculation of the empty space ration set out in paragraph 1.The methodology shalltake into account the special characteristics of packaging which needs to be placed in an
empty space large enough to comply with applicable legal requirements or to protect the
product, in particular concerning packaged products of irregular shapes, packaging
containing more than one sales packaging or product, packaging containing liquid
products, packaged products the content of which can easily be damaged, packaged
products that can be damaged by larger products due to their small dimensions, and theminimum space on the transport packaging to enable attachment of the shipment labels.
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.
2a.

By … [36 months from the date of entry into force of this Regulation], the economic
operator who fills the sales packaging shall ensure that empty space is reduced to theminimum necessary for ensuring the packaging functionality, including productprotection. Empty space ratio for sales packaging shall mean the difference between the
total packaging internal volume and the volume of the packaged product.
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.

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Sales packaging for products that are subject to settlement during transportation orwhere headspace is required to protect the food product, or others that presents thesecharacteristics, compliance with this paragraph , shall be assessed as the pack-fill levelat the point of filling. Air between or within packed foodstuff or protective gases shallnot be considered as empty space.
3.

Economic operators using sales packaging as e-commerce packaging or using reusable
packaging within a system of reuse shall be exempted from the obligation laid down inparagraph 1. They shall nevertheless ensure that such sales packaging complies with therequirements set out in Article 9.

3a.

By … [7 years from the date of entry into force of this Regulation], the Commission
shall review the empty space ratio in paragraph 1 as well as the exemptions in paragraph
3, and assess the possibility of establishing empty space ratios for sales packaging,particularly for toys, cosmetics, Do-It-Yourself kits and electronic products.

Article 22
Restrictions on use of certain packaging formats
1.

From 1 January 2030, economic operators shall not place on the market packaging in theformats and for the purposes listed in Annex V.

1a.

Member States may maintain restrictions adopted before 1 January 2025 on the placing
on the market of packaging in the formats and for the purposes listed in Annex V but
made from materials not listed in Annex V.

1b.

The provision laid down in paragraph 1 shall be without prejudice to Article 8(2) point
ii).

2.

▌

3.

Member States may exempt micro-enterprises as defined in Commission
Recommendation 2003/361/EC, from point 3 of Annex V , as publicly available on [thedate of entry into force of this Regulation], ▌ where it has been demonstrated that it is nottechnically feasible not to use packaging or to obtain access to infrastructure that isnecessary for the functioning of a reuse system.

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4.

By [OP: Please insert the date = 7 years after the date of entry into force of thisRegulation], the Commission shall assess the positive environmental impact of therestrictions and their derogations, and shall take into account the availability ofalternative packaging solutions that meet safety and hygiene requirements applicable tocontact sensitive packaging. Based on this assessment, the Commission shall review thisprovision and Annex V to adapt it to technical and scientific progress with the objective
to reducing packaging waste and, on this basis, assess the appropriateness ofestablishing new restrictions on the use of specific packaging formats, the relevance of
maintaining the exemptions and derogations set out in this Article, and where necessarypresent a legislative proposal.

4a.

By …[24 months from the date of entry into force of this Regulation], the Commission
shall publish guidelines, in consultation with Member States and the European Food
Safety Authority, explaining in more detail Annex V, including examples of the
packaging formats in scope, any exemptions to the restrictions, and providing an
exemplificative list of fruits and vegetables excluded from point 2 of Annex V.

Article 23
Obligations in relation to reusable packaging
1.

The economic operators who make a reusable packaging available within the territory ofa Member State for the first time shall ensure that a system for re-use of such packaging isin place, including an incentive to ensure collection, in that Member State, which meetsthe requirements laid down in Article 24 and Annex VI. This paragraph shall beconsidered fulfilled by existing systems for reuse already in place in the Member States.

2.

The description of the system’s compliance with those requirements shall be drawn up aspart 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.

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Article 24
Obligation related to systems for re-use
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 ensure that such packaging isreconditioned in compliance with Part B of Annex VI, prior to offering it again for use by
end users.

2a.

Economic operators making use of reusable packaging may designate third parties
responsible of one or more mutualised systems for re-use. The appointed third parties
shall ensure that the systems for reuse, which the reusable packaging is part of, comply
with the requirements laid down in Part A of Annex VI.
Where economic operators have appointed a third party as referred in paragraph 2a, theobligations set out in this Article shall be met by the third parties on their behalf.

2a.

Economic operators making use of reusable packaging in close loop systems as definedin Annex VI shall be required to return the packaging to the collection point(s) identified
by the system participants and approved by the system operator.

Article 25
Obligations related to refill
1.

Where economic operators offer the possibility to purchase products through refill, theyshall inform end users of the following:(a)the types of containers that may be used to purchase the products on offer throughrefill;(b)

the hygiene standards for refill,(c)the responsibility of the end user in relation to the health and safety regarding the useof the containers referred to in point (a).

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This information shall be regularly updated and either clearly displayed on the premises orotherwise provided to end users.
2.

Economic operators enabling refill shall ensure that refill stations comply with therequirements 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 if packaging and containers areoffered to the end users at the refill stations, they are not provided free of charge if the
packaging does not meet requirements under Annex VI, or is provided as a part of adeposit 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 inaccordance with paragraph 1, in particular if they deem it unhygienic or unsuitable forthe food or drink being sold. Economic operators shall bear no liability for hygiene orfood safety issues that may arise from the use of containers provided by the end user.

4a.

From 1 January 2030, final distributors with a sales area of more than 400m2 shallendeavour to dedicate 10% of that sales area to refill stations for both food and non-foodproducts.

Article 26
Re-use ▌ targets
1.

From 1 January 2030, the economic operators using transport packaging or sales
packaging used for transporting products within the territory of the Union, including via
e-commerce, in the form of pallets, foldable-plastic boxes, boxes, trays, plastic crates,intermediate bulk containers, pails, drums and canisters of all sizes and materials,
including flexible formats or pallet wrappings or straps for stabilisation and protectionof products put on pallets during transport, shall ensure that at least 40% of suchpackaging used is reusable packaging within a system for re-use.
From 1 January 2040, the economic operators shall endeavour to use at least 70% ofsuch packaging in a reusable format within a system for re-use.

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2.

By way of derogation from paragraph 1, the economic operators using transport
packaging or sales packaging used for transporting products within the territory of theEuropean Union between different sites on which the operator performs its activity; or
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 toCommission Recommendation 2003/361, in the version publicly available on [OP:Please insert the date = the date of entry into force of this Regulation], shall ensure thatsuch packaging is reusable within a system for re-use.
▌3.

By way of derogation from paragraph 1, the economic operators using transport
packaging or sales packaging used for transportation to delivering products to anothereconomic operator within the same Member State shall ensure that such packaging isreusable within a system for re-use.
▌

4.

The obligations set out in paragraphs 1, 2 and 3 do not apply to transport packaging or
sales packaging:(a)used for the transportation of dangerous goods as set by Directive 2008/68/EC;(b)used for transportation for the large-scale machinery, for equipment andcommodities for which packaging are customed-designed to fit the individual
requirement of the ordering economic operator;(c)in flexible format, used for transportation, that is in direct contact with food andfeed as defined in Regulation (EC) No 178/2002, and food ingredients as definedin Regulation (EU) No 1169/2011;(d)5.

in the form of cardboard boxes.

From 1 January 2030, economic operators, using grouped packaging in the form ofboxes, excluding cardboard, used outside of sales packaging to group a certain numberof products to create a stock-keeping or distribution unit shall ensure that at least 10% ofsuch packaging used is reusable packaging within a system for re-use.

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From 1 January 2040, the economic operators shall endeavour to use at least 25 % ofsuch packaging is reusable format within a system for re-use.
▌▌8.

From 1 January 2030, the final distributor making available on the market within the
territory of a Member State to consumers alcoholic and non-alcoholic beverages in sales
packaging shall ensure that at least 10 % of those products are made available inreusable packaging within a system for re-use.
From 1 January 2040, the economic operators shall endeavour that at least 40 % of
those products are made available in reusable packaging within a system for re-use.
The final distributor shall contribute in a fair proportion to the achievement of thetargets by packaged products manufactured under its brand.
▌

9.

The targets laid down in paragraph 8 shall not apply to:(a)beverages which are to be considered highly perishable under Article 24 ofRegulation (EU) No 1169/2011 and milk and milk products listed in Part XVI of
Annex I to Regulation (EU) No 1308/2013 and their dairy analogies falling within
CN codes 2202 9911 and 2202 9915;(b)categories of grape wine products listed in Part II of Annex VII to Regulation (EU)No 1308/2013 point 1, 3, 4, 5, 6, 7, 8, 9, 11, 12, 15, 16 and 17;(c)aromatised wine products as defined in Regulation (EU) No 251/2014;(d)

similar products to wine products and aromatised wine products obtained fromfruit other than grapes and vegetables, other fermented beverages falling within
CN code 2206 00;(e)alcohol-based spirituous beverages corresponding to heading 2208 of the
Combined Nomenclature in Annex I to Council Regulation (EEC) No 2658/87 of

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23 July 1987 on the tariff and statistical nomenclature and on the Common
Customs Tariff.

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10.

By [24 months from the date of entry into force of this Regulation], the Commission
shall publish guidelines, in consultation with Member States, explaining in more detailthe products falling in the scope of paragraphs 8 and 9.
▌

11.

Final distributors, under paragraph 8, shall take back, free of charge, all reusable
packaging of the same type, form and size as the packaging made available on themarket by them, within that specific system of reuse at the point of sale, ensuring theirrecovery and return through the entire distribution chain. The end users shall be able toreturn the packaging at the location where the actual handover of such packaging takes
place or in its immediate proximity. The final distributor shall fully redeem associateddeposits or take measures to notify the return of the packaging according to thegovernance rules of the specific system of reuse, which may mean redemption of
associated deposits.

12.

Final distributors shall be exempted from the obligation to meet the targets in paragraph
8 if, during a calendar year, they have a sales area of not more than 100 m². On thebasis of the special conditions of final distribution and some manufacturing sectors,
even at national level, the Commission is empowered to adopt delegated acts inaccordance with Article 58, to modify the sales area threshold.
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13.

Member States may exempt final distributors from the obligation to meet the targets inparagraph 8 if their sales area is located on an island with a population of less than2000 inhabitants or in a municipality with a population density less than 54 persons/km². However, the requirements set in the paragraph 8 shall apply to all population
centers/localities with more than 5,000 inhabitants. Moreover, if that final distributor
sells products referred in paragraph 8 in re-usable packaging, it must arrange a takeback for such packaging according to paragraph 11. In that case, if the final distributor
has more than one sales area, and only one or some of those areas are located on suchan island, the relevant beverages and products made available on the market within aterritory of a Member State in those sales area shall not be calculated for the purpose of
meeting the targets under paragraph 8.

14.

Members states may allow that final distributors form pools for the purpose of meeting
their obligations under paragraph 8. These pools shall not exceed more than 40% of themarket share of the relevant beverage category and shall consist of up to 5 final
distributors.
These pools may only cover beverage categories made available on the market within the
territory of a Member State by all pool members.
The limitation to 5 final distributors does not apply if they operate under the same brand
name.
If Member States grant the possibility under this paragraph, the information provided
for by the pool to the authority of the Member State must consist, at a minimum, of:(a)the economic operators included in the pool, and(b)the economic operator nominated as pool manager who will be the contact point.

Member states may, as appropriate, set further information requirements that arenecessary for the enforcement of the obligations according to paragraph 8 inconjunction with this paragraph.

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Economic Operators shall ensure that their agreements comply with Articles 101 and 102
TFEU. Without prejudice to the general applicability of Union competition rules to such
pools, all members of a pool shall in particular ensure that neither data sharing nor
information exchange may occur in the context of their pooling arrangement, except in
respect of the information mentioned in Article 27 paragraph 2, also in relation toprospective sales data.
By 1 January 2028, the Commission shall adopt delegated acts supplementing thisRegulation to establish and specify the detailed conditions and reporting requirements tobe applied to these pooling arrangements, taking into account the type and quantity of
packaging each operator places on the market each calendar year and the place where
the economic operators are located.
15.

Economic operators shall be exempted from the obligation to meet the targets in this
Article if, during a calendar year, they:(a)made not more than 1000 kg of packaging available on the market within the
territory of a Member State; and(b)complied with the definition of micro-enterprise in accordance with rules set out in
the Commission Recommendation 2003/361, in the version publicly available on[OP: Please insert the date = the date of entry into force of this Regulation].

On the basis of the special conditions of final distribution and some manufacturingsectors, even at national level, the Commission is empowered to adopt delegated acts inaccordance with Article 58, to modify the thresholds under point a.
15b.

Member States may exempt economic operators for a period of 5 years from theobligations under this Article under the following conditions:(a)the exempting Member State reaches 5 percentage points above the targets forrecycling of packaging waste per material to be achieved by 2025 and is expected
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(b)

the exempting Member State is on track to fulfil the respective waste prevention
targets as set out in Article 38 of this Regulation and can demonstrate to havereached at least 3% waste prevention by 2028 compared to the 2018 baseline;(c)the economic operators have adopted a corporate waste prevention and recycling
plan that contributes to achieving the waste prevention and recycling objectives inrespectively Article 38 and Article 46.

This period of 5 years may be renewed by the Member State where the conditions are
fulfilled.
16.

▌

17.

Under the conditions set out in Article 45, Member States may set targets for economic
operators going beyond the minimum targets set out in paragraphs 1, 2, 3, 5 and 8 of this
Article to the extent that higher targets are necessary for the Member State to achieve
one or more of the targets in Article 38.

17b.

Under the conditions set out in Article 45, Member States may set targets for economic
operators covering beverages made available in sales packaging which do not fall underparagraph 8 of this Article to the extent that those additional targets are necessary for
the Member State to achieve one or more of the targets in Article 38.

17c.

Targets laid down in this Article shall be calculated for the period of a calendar year.

17d.

In order to take account of the latest scientific and economic data and developments, theCommission is empowered to adopt delegated acts in accordance with Article 58 to
supplement this Regulation in order to establish:(b)

exemptions for economic operators additional to those listed in this Article, due toparticular economic constraints encountered in a specific sector related to thecompliance with targets set out in this Article,(c)exemptions for specific packaging formats covered by the targets laid down inparagraphs 1, 2, 3, 5 and 8 of this Article in case of hygiene and food safety
preventing the achievement of those targets,

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(ca) exemptions for specific packaging formats covered by the targets laid down inparagraphs 1, 2, 3, 5 and 8 of this Article in case of environmental issues
preventing the achievement of those targets.
17e.

By 1 January 2034, taking into account the evolution of the state of the art of thetechnology and the practical experience gained by economic operators and Member
States, the Commission shall present a report reviewing the implementation of the 2030
targets set out in this Article, and evaluating to what extent these targets lead to solutions
fostering sustainable packaging that are effective and easy to implement, the feasibilityof the achievement of targets set for 2040 on the basis of the experience in achieving the2030 targets and the evolving circumstances, the relevance of maintaining the
exemptions and derogations set out in this Article, life-cycle assessment of single-use
and reuse packaging, and the necessity or pertinence of setting new targets for the re-use
and refill of other packaging categories. The Commission’s assessment shall include an
employment impact assessment. This report shall, where appropriate be accompanied bya legislative proposal amending this Article, in particular the 2040 targets. By December
2032, Member States shall provide data to the European Commission on the employment
impact assessment related to the implementation of the reuse targets in their national
territories. Before submitting the employment impact assessments to the Commission,
Member States shall inform and consult national social partners representing workers
and employers in the sectors covered by packaging reuse targets.

Article 27
Rules on the calculation of the attainment of the re-use ▌ targets
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 1 of Annex II to
Directive 2012/19/EU available on the market for the first time within the territory of a
Member State shall calculate the following:(a)the number of units of sales of those appliances in reusable packaging within asystem for re-use made available on the market for the first time within the territoryof a Member State in a calendar year;7859/24

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(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 timewithin 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(8)and in Article 28b, the final distributor, or manufacturer, as appropriate, making available
on the market such products within the territory of a Member State shall calculate, for eachtarget separately, the following:(a)the total number of units of sales or total volume of beverages ▌ 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)

▌

(c)

the total number of units of sales or total volume of beverages ▌ 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.

2a.

For the purpose of demonstrating the attainment of the targets laid down in Article
26(3), the final distributor making available on the market such products within the
territory of a Member State shall calculate the following:(a)the total number of units of sales or total weight of food in reusable packaging
within a system for re-use made available on the market within the territory of a
Member State in a calendar year;(c)the total number of units of sales or total weight of food made available on themarket 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
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(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 30 June 2027, 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 procedurereferred to in Article 59(3).

4a.

The obligation to demonstrate the attainment of the targets laid down in Article 26 shallapply from 1 January 2030 or 18 months after the date of entry into force of theimplementing acts referred to in subparagraph 1, whichever is later.

Article 28
Reporting to the competent authorities on re-use ▌ targets
1.

The economic operators referred to in Article 26(1) to (10) shall report to the competentauthority, referred to in Article 35 of this Regulation, data concerning the attainment of thetargets 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 bereported to them and specify the formats to be used.

5.

Competent authorities may request any additional information necessary to ensure thereliability of the data reported.

6.

Member States shall make public the results of the reports referred to in paragraph 1.

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6a.

By ... [OP: please insert the date = 24 months from the entry into force of thisRegulation], the Commission shall establish a European observatory on re-use. The
observatory shall be responsible for monitoring the implementation of the measures laid
down in this Regulation, collecting data on re-use practices, and contributing to thedevelopment of best practices in the field of re-use.

Article 28a
Refill obligation for the takeaway sector
1.

By ... [OP: Please insert the date = 24 months from the date of entry into force of thisRegulation]:(a)the 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 Statein take-away packaging cold or hot beverages filled into a container at the point ofsale for take-away shall provide a system for consumers to bring their own
container to be filled;(b)

the 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 Statein take-away packaging for ready-prepared food, intended for immediate
consumption without the need of any further preparation, and typically consumed
from the receptacle, shall provide a system for consumers to bring their own
container to be filled.

2.

The final distributors referred to in points (a) and (b) shall offer the goods filled in thecontainer brought by the consumer at no higher costs and in no less favourable
conditions than the sales unit consisting of the same goods and single use packaging.
The final distributors shall inform the end consumers at the point of sale, throughclearly visible and readable information boards or signs, about the possibility ofobtaining the goods in a refillable container provided by the consumer.

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Article 28b
Reuse offer for the takeaway sector
1.

By ... [OP: Please insert the date = 36 months after the date of entry into force of thisRegulation] the 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 Statein take-away packaging cold or hot beverages or ready-prepared food intended for
immediate consumption without the need of any further preparation filled into a
container at the point of sale for take-away shall provide to the consumers the option of
packaging within a system for re-use.

2.

The final distributors shall inform the end consumers at the point of sale, throughclearly visible and readable information boards or signs, about the possibility ofobtaining the goods in reusable packaging.

3.

The final distributors shall offer the goods filled in reusable packaging at no higher
costs, and in no less favourable conditions than the sales unit consisting of the same
goods and single use packaging.

4.

The final distributors shall be exempted from the application of this Article if they fallwithin the definition of a micro enterprise set out in Commission Recommendation
2003/361/EC.

5.

The economic operator shall endeavour to, from 2030, offer 10% of products in areusable packaging format.

6.

Under the conditions set out in Article 45, Member States may set targets for economic
operators going beyond the minimum targets set out in paragraph 5 of this Article to theextent that higher targets are necessary for the Member State to achieve one or more of
the targets in Article 38.

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Chapter V
Plastic carrier bags

Article 29
Plastic carrier bags
1.

Member States shall take measures to achieve a sustained reduction in the consumption oflightweight plastic carrier bags in their territory.
A sustained reduction is considered to be achieved if the annual consumption does notexceed 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 shall take
into consideration 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.

In addition to the measures under paragraphs 1 and 2 above, Member States may takemeasures, 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 forhygiene purposes or provided as sales packaging for loose food to prevent food wastage
from the obligations set out in paragraph 1.

4a.

By [7 years after entry into force of this Regulation], the Commission shall prepare areport on packaging materials other than those mentioned in paragraphs 1 and 2, which
are likely to have a more detrimental impact on the environment and, where appropriate,
submit a legislative proposal setting out reduction targets and measures to achieve thesetargets.

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Chapter VI
Conformity of packaging

Article 30
Test, measurement and calculation methods
For the purposes of compliance and verification of compliance of packaging with the requirements
set out in Articles 5 to 11, 21 and 24 of this Regulation, tests, measurements and calculations shallbe 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.

Article 31
Presumption of conformity
1.

Tests, measurements or calculation methods referred to in Article 30 which are inconformity 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 inconformity with the requirements covered by those standards or parts thereof set out in that
Article.

1a.

Where tests, measurements or calculation methods as mentioned in paragraph 1 areperformed by conformity assessment bodies under accreditation in accordance with
Regulation 765/2008, they shall be presumed to be in conformity with the requirements
under paragraph 1.

2.

Packaging which is in conformity with harmonised standards or parts thereof, thereferences of which have been published in the Official Journal of the European Union,
shall be presumed to be in conformity with the requirements ▌ covered by those standards
or parts thereof set out in Articles 5 to 11, 21 and 24.

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Article 32
Common ▌ specifications
1.

Packaging which is in conformity with common ▌ specifications referred to in paragraph2, 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▌ specifications or parts thereof.

2.

The Commission may, by means of implementing acts, establish common ▌ specifications
for the requirements set out in Articles 5 to 11 and Article 24 where the following
conditions are fulfilled:(a)no reference to harmonised standards covering the relevant requirements set out in
Articles 5 to 11 and Article 24 has been published in the Official Journal of theEuropean Union in accordance with Regulation (EU) No 1025/2012 and no suchreference is expected to be published within a reasonable period, or the existing
standard does not satisfy the requirements the request aims to cover; and(b)

the Commission has requested, pursuant to Article 10(1) of Regulation 1025/2012,
one or more European standardisation organisations to draft or to revise aharmonised 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 requested
harmonised standards:- are not adopted within the deadline set in the request;- do not comply with the request; or- are not fully in line with the requirements they aim to cover.

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Those implementing acts shall be adopted in accordance with the examination procedurereferred to in Article 59(3).
2a.

Before preparing the draft implementing act, the Commission shall inform thecommittee referred to in Article 22 of Regulation (EU) No 1025/2012 that it considers
that the conditions in paragraph 2 have been fulfilled.

3.

Where a harmonised standard is adopted by a European standardisation organisationand proposed to the Commission for the publication of its reference in the Official
Journal of the European Union, the Commission shall assess the harmonised standard
in accordance with Regulation 1025/2012. When reference of a harmonised standard is
published in the Official Journal of the European Union, the Commission shall repeal
the implementing acts referred to in paragraph 2, or parts thereof which cover the samerequirements set out in Articles 5 to 11 and Article 24 ▌ .

3a.

When a Member State or the European Parliament considers that a common
specification does not entirely satisfy the requirements set out in Article 5 to 11 andArticle 24, it shall inform the Commission thereof by submitting a detailed explanation.
The Commission shall assess that detailed explanation and may, if appropriate, amend
the implementing act establishing the common specification in question.

Article 33
Conformity assessment procedure
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.

Article 34
EU declaration of conformity
1.

The EU declaration of conformity shall state that the fulfilment of the requirements set out
in Articles 5 to 11 has been demonstrated.

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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 theMember State in which the packaging is placed on the market or made available on themarket.

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, whereappropriate, be drawn up in respect of all such Union acts. That declaration shall state theUnion 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.

4b.

Competent authorities shall endeavour to control the accuracy of at least part of thedeclarations of conformity per year, assessed on a risk-based approach and shall takethe necessary measures to address non-compliance, such as the withdrawal of noncompliant products from the market.

Chapter VII
Management of packaging and of packaging waste
SECTION 1
GENERAL PROVISIONS

Article 35
Competent authority
1.

Member States shall designate one or more competent authorities responsible for
implementation and enforcement of the obligations set out in this Chapter and in Article
6(9), 26(1) to (10), Article 27, Article 28 and Article 29.

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2.

Member States shall lay down the details of the organisation and operation of thecompetent 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 and
7a);

(c)

the oversight of the implementation of the extended producer responsibility
obligations in accordance with Article 40;(ca) the authorisation on fulfilment of extended producer responsibility in accordancewith Article 42;(d)3.

the making available of information in accordance with Article 50.

By [OP: Please insert the date = 5 months after the date of entry into force of thisRegulation], Member States shall notify the Commission of the names and addresses of thecompetent authorities designated pursuant to paragraph 1. Member States shall inform theCommission without undue delay of any changes to the names or addresses of thosecompetent authorities.

Article 36
Early warning report
1.

The Commission shall, in cooperation with the European Environment Agency, draw upreports on the progress towards the attainment of the targets laid down in Articles 38 and46 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 Statesconcerned;

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(c)

examples of best practices that are used throughout the Union which could provide
guidance for progressing towards attaining the targets.

Article 37
Waste management plans and waste prevention programmes
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 andpackaging waste, including measures taken pursuant to Articles 43, 44 and46 of thisRegulation.
1a.

Member States shall include in the waste prevention programmes required pursuant to
Article 29 of Directive 2008/98/EC a dedicated chapter on the prevention of packaging
and packaging waste and littering, including measures taken pursuant to Articles 38 and
45 of this Regulation.

SECTION 2
WASTE PREVENTION

Article 38
Prevention of packaging waste
1.

Each Member State shall reduce the packaging waste generated per capita, as compared tothe packaging waste generated per capita in 2018 as reported to the Commission inaccordance with Decision 2005/270/EC, by at least(a)

5 % by 2030;(b)

10 % by 2035;(c)

15 % by 2040.

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(ca) In order to support Member States in achieving the packaging waste prevention
targets of paragraph 1, by [24 months from the date of entry into force of thisregulation], the Commission by means of implementing acts, shall adopt a
correction factor to account for the increase or decrease in tourism in relation to
the base year. This correction factor shall be based on the rate of packaging waste
generation per tourist and the variation of tourists in relation to the reference year
and take the packaging waste reduction potential in tourism into account.
1b.

Without prejudice to paragraphs 1 and 1a, Member States that have already establishedseparate systems for the management of packaging waste, one system for household
packaging waste and the other for industrial and commercial packaging waste, may
retain these systems.

1a.

In achieving the targets set out in paragraph 1, each Member State shall endeavour toreduce the amount of plastic packaging waste generated.

2.

Member States shall, in line with the overall objectives of the Union’s waste policy and inorder to reach the targets set out in this article, implement measures aiming to prevent thegeneration of packaging waste and to minimise the environmental impact of packaging. In
addition to measure specified under this Regulation, such measures may include the useof economic instruments and other measures to provide incentives for the application of
the waste hierarchy, such as measures referred to in Annexes IV and IVa to Directive
2008/98/EC or other appropriate instruments and measures, including incentives
through extended producer responsibility schemes and requirements on producers or
producer responsibility organisations to adopt waste prevention plans. They shall be
proportionate and non-discriminatory and be designed so as to avoid barriers to trade or
distortions of competition in conformity with the Treaty. Such measures shall not lead toa shift to lighter packaging material fulfilling the goal of waste minimisation.

2a.

For the purpose of paragraph 2 and without prejudice to Article 16, paragraph 2, ofDirective (EU)2020/2184, Member States shall incentivise restaurants, canteens, bars,
cafés and catering services to serve their customers, where available, tap water for freeor for a low service fee, in a reusable or refillable format.

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3.

For the purpose of paragraph 2, Member States may introduce packaging waste
prevention measures that exceed the minimum targets set out in paragraph 1, while
complying with the provisions set out in this Regulation.

3a.

By way of derogation from paragraph 1, Member States may by 2025 request to theCommission to use another base year than 2018 for the calculations of the targets underparagraph 1. Without prejudice to paragraph 2 and 3 of this Article, the Commission
may allow Member States to use the requested base year when calculating the targets
under paragraph 1 under the condition that the Member State provide substantiatedevidence(i)of a significant increase of packaging waste during the year to be used for base as
calculation of the targets under paragraph 1(ii)that such increase is due to changes in the reporting procedures only,(iii) the increase is not due to an increased consumption, and(iv) of better comparability of data between the Member States.
4.

By [OP: Please insert the date = 7 years after the date of entry into force of thisRegulation], the Commission shall review the targets laid down in paragraph 1 and assess
the need to include specific targets for certain packaging materials. To that end, theCommission shall submit a report to the European Parliament and to the Council,
accompanied, if the Commission finds it appropriate, by a legislative proposal.

▌

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SECTION 3REGISTER OF PRODUCERS AND EXTENDED PRODUCER RESPONSIBILITY

Article 39
Register of producers
1.

Member States shall, by 18 months from the entry into force of the implementing acts
referred to in Article 39(11), establish a register which shall serve to monitor complianceof producers of packaging with the requirements set out in this Chapter.
The register shall provide links to other national registers of producers’ websites tofacilitate, in all Member States, registration of producers or authorised representatives forthe 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 makepackaging or packaged products available on the market of the Member State for the firsttime. Where a producer has entrusted a producer responsibility organisation as referred toin 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.

Member States may provide that the obligations set out in this Article may, on , behalf ofproducers by written mandate, be met by an authorised representative for the extended
producer responsibility.

4.

Producers shall not make available packaging on the market of a Member State, if they or,
where applicable, in accordance with Article 40, their authorised representatives for theextended producer responsibility, are not registered in that Member State.

5.

The application for registration shall include the information to be provided in accordancewith Part A of Annex IX. Member States may request additional information or documents
if such information or documents are necessary to monitor and to ensure compliancewith this Regulation and the rules adopted by a Member State pursuant to Article 35(2).

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6.

Where an authorised representative for the extended producer responsibility represents
more than one producer, it shall in addition to the information to be provided pursuant toparagraph 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 authorised representative for theextended producer responsibility or the producer responsibility organisation, as stipulated
by national law according to paragraph 2 of this Article, shall report to the competentauthority responsible for the register, by 1 June for each full preceding calendar year, theinformation set out in Part B of Annex IX. Member States may require the reporting to beaudited and certified by independent auditors under the supervision of the competentauthorities referred to in Article 35 (1), on the basis, if any, of national standards.

7a.

Producers, who have made available for the first time on the market of the Member Statean amount of packaging or packaged products lower than 10 tons during one calendar
year or, where applicable, the producer’s authorised representative for the extended
producer responsibility or the producer responsibility organisation, as stipulated bynational law according to paragraph 2 of this Article, shall report to the competentauthority responsible for the register, by 1 June, for each full preceding calendar year,
the information set out in Part C of Annex IX.
Member States may provide that, for a specific calendar year, producers and, whereapplicable, the producer’s authorised representatives or the producer responsibility
organisation, are allowed to report on the basis of the subparagraph above only if theyplace an amount of packaging, the maximum threshold of which is lower than 10 tonnes
during one calendar year, under the conditions that otherwise the Member State
concerned will not have sufficient accurate data for(i)complying with the reporting obligations under Article 50, paragraphs 1 and 2, inthat calendar year, and(ii)

ensuring that the database under Article 51 are complete and provide the data
under Article 50, paragraph 2, letter a).

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7b.

When this is necessary for budgetary reasons, a Member State may require the producer
to report the information set out in Part B and C of Annex IX to the competent authority
responsible for the register under this Article on a quarterly basis.

7c.

Producers in the case of individual fulfilment of extended producer responsibility
obligations, the entrusted producer responsibility organisation in the case of collective
fulfilment of extended producer responsibility obligations, or the reuse system operators,
in the case where reuse systems are fulfilling the extended producer responsibility
obligations, shall report annually to the competent authority for each preceding calendar
year the information set out in Part D of Annex IX. By virtue of national law, Member
States may provide that, when public authorities are responsible for the organisation of
the management of packaging waste, such authorities shall report the information set
out in Part D of Annex IX.

8.

The competent authority responsible for the register:(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 periodof 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 paragraphs 7 and 7a.

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9.

The producer, or, where applicable, the producer’s authorised representative for theextended 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 for the first timeon the market of the Member State of the packaging or packaged product referred to in
the registration. A producer shall be excluded from the register three years after the end of
the calendar year in which the producer’s registration ends if the producer has ceased toexist as a producer.

10.

Member States shall ensure that the list of registered producers shall be easily accessible
and, publicly available and free of charge. However, the confidentiality of commerciallysensitive information in conformity with the relevant Union and national law shall bepreserved. The list of registered producers shall be machine readable, sortable andsearchable, respecting open standards for third party use.

11.

The Commission shall, by no later than [12 months after the date of entry into force of
this Regulation], adopt implementing acts establishing the format for registration in, andreporting 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.
The format for reporting shall be interoperable, based on open standards and machinereadable data, and shall be transferable through an interoperable data exchange
network without vendor lock-in.
Those implementing acts shall be adopted in accordance with the examination procedurereferred to in Article 59(3).

Article 40
Extended Producer Responsibility
1.

Producers ▌ shall have extended producer responsibility under the schemes established inaccordance with Articles 8 and 8a of Directive 2008/98/EC and with this Section for the
packaging or packaged product that they make available ▌ for the first time on the market
of a Member State.

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1a.

In addition to the costs referred to in Article 8a, paragraph 4 (a) of Directive
2008/98/EC, the financial contributions paid by the producer shall cover the following
costs:(a)costs of labelling waste receptacles for the collection of packaging waste asreferred to in Article 12;(b)costs of carrying out compositional surveys of collected mixed municipal waste
under Commission Implementing Regulation (EU) 2023/595 and under the
implementing acts to be adopted pursuant to Article 50 paragraph 7 (a) of thisRegulation in case those implementing acts provide for an obligation to carry out
such surveys.

The costs to be covered shall be established in a transparent, proportional, nondiscriminatory and in an efficient way.
2.

A producer as defined in Article 3, point (10) (iii) shall appoint, by written mandate, anauthorised representative for the extended producer responsibility in each Member Stateother than the Member State where it is established where it makes packaging available forthe first time. Member States may provide that producers established in third countries
shall appoint, by written mandate, an authorised representative for the extended
producer responsibility when making packaged products available on their territory forthe first time.

2a.

Member States may provide that, when an automated data reconciliation with thenational register is provided for within that Member State, this shall be applicable forverification of a) and b).

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3.

For the purpose of compliance with Article 30, paragraph 1, points (d) and (e), ofRegulation (EU) 2022/2065, providers of online platforms, falling within the scope ofSection 4 of Chapter III of Regulation (EU) 2022/2065, allowing consumers to conclude
distance contracts with producers shall obtain the following information from producers
offering packaging to consumers located in the Union, prior to allowing them to use theirservices:(a)information on the registration of the producers referred to in Article 39 in theMember State where the consumer is located and the registration number(s) of the
producer in that register;(b)a self-certification by the producer confirming that it only offers packaging withregard to which the extended producer responsibility requirements referred to inparagraphs 1 and 2 of this Article are complied with in the Member State where theconsumer is located.

Where a producer sells its products via the online marketplace, obligations set out in
Article 40(1a) may, on behalf of producers by written mandate, be met by the provider ofthe online platform.
3a.

Upon receiving the information referred to in paragraph 3 and prior to allowing
producers to use its services, the provider of online platforms shall make best efforts toassess whether the received information are complete and reliable.

Article 41
Producer Responsibility Organisation
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.

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2.

Where, in the territory of a Member State, multiple producer responsibility organisations
are authorised to fulfil extended producer responsibility obligations on behalf of producers,
the Member State shall ensure that the producer responsibility organisations and producers
that have not entrusted a producer responsibility organisation, when taken together,cover the whole territory of the Member State as regards the activities in accordance with
Articles 42(3), 43 and 44. Member States shall entrust the competent authority, or appoint
an independent third party, to oversee that producer responsibility organisations fulfil their
obligations in a coordinated manner.

3.

Producer responsibility organisations shall ensure the confidentiality of the data in its
possession as regards proprietary information or information directly attributable toindividual producers or their authorised 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 ▌ , information on the amount of packaging or packaged product madeavailable for the first time on the market of a Member State and on the levels of recovered
and recycled materials in relation to the amount of packaging for which they have been
performing producer responsibility obligations. Member States may provide that, whenpublic authorities are responsible for the organisation of the management of packaging
waste, such authorities shall publish on their websites, at least once a year, informationon the levels of recovered and recycled materials in relation to the amount of packaging
waste generated in their territory.

5.

Producer responsibility organisations shall ensure equal treatment of producers
regardless of their origin or size, without placing a disproportionate burden on
producers of small quantities of packaging, including small- and medium-sizedenterprises.

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Article 42
Authorisation on fulfilment of extended producer responsibility
1.

A producer, in the case of individual fulfilment of extended producer responsibility
obligations, or the entrusted producer responsibility organisation in the case of collective
fulfilment of extended producer responsibility obligations, shall apply for an authorisationfrom 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 theextended producer responsibility, and the modalities for verifying compliance, including
the information to be provided by producers or producer responsibility organisations tothat end. The authorisation procedure shall include requirements on the verification of thearrangements put in place to ensure compliance with the requirements laid down inparagraph 3, and timeframes for this verification, which shall not exceed 18 weeks fromthe submission of a complete application dossier. This verification shall be done by acompetent authority or an independent expert who shall issue a verification report on its
result. The independent expert shall be independent of the competent authority and of the
producer responsibility organisations or the producers authorised for individual fulfilment.

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;

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(b)

the measures put in place or paid by the producer or producer responsibility
organisation are sufficient to allow for the return and waste management of all
packaging waste in accordance with Article 43(1) and (2) and Article 44, free ofcharge for consumers, with a frequency proportionate to the area and volume
covered, of packaging waste with regard to the amount and types of packaging or
packaged products made available for the first time on the market 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 inplace 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 high-quality
recycling;(e)4.

the requirement laid down in paragraph 6 is complied with;

The producer or the producer responsibility organisation shall notify the competentauthority without undue delay of any changes to the information contained in theapplication for an authorisation, of any changes that concern the terms of the authorisation
or of the permanent cessation of operations. The competent authority may decide tomodify the relevant authorisation according to the notified changes.

5.

The competent authority may decide to revoke the relevant authorisation in particular if the
producer or producer responsibility organisation no longer fulfils the requirements withregard to the organisation of the treatment of packaging waste or fails in relation to otherextended producer responsibility obligations under the schemes established inaccordance with Articles 8 and 8a of Directive 2008/98/EC and with this Section such asreporting to the competent authority or in relation to the notification of any changes thatconcern the terms of the authorisation, or has ceased operations.

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6.

A producer, in the case of individual fulfilment of extended producer responsibility
obligations, and producer responsibility organisation 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. Member States may specify additional requirements on thisguarantee. Such guarantee may take the form of a public fund that is financed byproducers’ fees and for which a Member State is jointly and severally liable.

SECTION 4
RETURN, COLLECTION, DEPOSIT RETURN SYSTEMS

Article 43
Return and collection systems
1.

Member States shall ensure that systems and infrastructures are set up to provide for the
return and separate collection of all packaging waste from the end users, in order to ensurethat it is treated in accordance with Articles 4, 10 and 13 of Directive 2008/98/EC, and to
facilitate its preparation for re-use and high-quality recycling. Packaging complying with
Design for Recycling criteria as established in delegated acts adopted under Article 6(4)shall be collected for recycling. Incineration and landfill of such packaging is not to beallowed, with the exception of waste resulting from subsequent treatment operations ofseparately collected packaging waste for which recycling is not feasible or does notdeliver the best environmental outcome.

1a.

In order to facilitate high quality recycling, Member States shall ensure thatcomprehensive collection and sorting infrastructures are in place to facilitate recycling
and to ensure availability plastic feedstock for recycling. Such systems may provide
priority access to recycled materials for use in applications where the distinct quality of
the recycled material is preserved or recovered in such a way that it can be recycled
further and used in the same way and for a similar application, with minimal loss ofquantity, quality or function.

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2.

Member States may allow derogations from the return and separate waste collection
obligation in paragraph 1 for certain formats of waste provided that collecting packaging
or fractions of such packaging waste together or together with other waste does not affectthe capacity of such packaging or fractions of packaging waste to undergo preparing for reuse, 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, thecompetent 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 typesof 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, which shall be of sufficient capacity;(c)be open to imported products under non-discriminatory conditions with regard to thedetailed arrangements and any tariffs imposed for access to the systems and anyother conditions, and be designed so as to avoid barriers to trade or distortions ofcompetition in conformity with the Treaty.

3a.

Member States may provide for the participation of public waste management systems in
the organisation of the systems referred to in paragraph 1.

4.

Member States shall take measures to promote recycling of packaging waste which meetsthe quality standards for the use of recycled materials in the relevant sectors.

▌
5a.

Member States may ensure that packaging waste that is not separately collected is sorted
prior to disposal or energy recovery operations to remove packaging designed forrecycling.

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Article 43a
Mandatory collection1.

By 1 January 2029, Member States shall adopt mandatory collection objectives and takethe necessary measures to ensure the collection of the materials listed in Article 46 areconsistent with the recycling targets defined in Article 46 and with the mandatory
recycled content targets defined in Article 7.

Article 44
Deposit and return systems
1.

By 1 January 2029, Member States shall take the necessary measures to ensure theseparate collection of at least 90% per year by weight of the following packaging formats
made available on the market for the first time in that Member State in a given calendar
year:
(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.

Member States may use the amount of packaging waste generated from packaging placeon the market to calculate the targets laid down in points (a) and (b) as set out in theimplementing act under Article 47(2) .
2.

In order to achieve the targets referred to in paragraph 1, Member States shall take thenecessary measures to ensure that deposit return systems are set up for the relevant
packaging formats referred to in paragraph 1, and to ensure that a deposit has to be
charged at the point of sale. Member States may exempt economic operators fromcharging a deposit in case a product is consumed within the premises in the HORECA
sector provided that the deposit bearing packaging is opened, the product is consumed,
and the empty deposit bearing packaging is returned within the premises.

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The obligation set out in the first sentence of the first subparagraph does not apply to
packaging for:(a)(i)

wine and categories of wine products listed in Part II of Annex VII toRegulation (EU) No 1308/2013 point 1, 3, 8, 9, 11, 12, 15, 16 and 17,
aromatised wine products as defined in Regulation (EU) No 251/2014;(ii)

similar products to wine products and aromatised wine products obtained
from fruit other than grapes and vegetables and other fermented beverages
falling within CN code 2206 00;(iii) alcohol-based spirituous beverages corresponding to heading 2208 of the
Combined Nomenclature in Annex I to Council Regulation (EEC) No
2658/87 of 23 July 1987 on the tariff and statistical nomenclature and on the
Common Customs Tariff.
(b)milk and milk products listed in Part XVI of Annex I to Regulation (EU) No
1308/2013.

Member States may exempt single use plastic beverage bottles and single use metal
beverage containers with capacities lower than 0,1 litres from participation in the deposit
and return systems, where such participation is not technically feasible.
3.

▌ Member States may be exempted from the obligation under paragraph 2 under thefollowing conditions:(a)the rate of separate collection as required under Article 43(3) and (4) of therespective packaging format as reported to the Commission under Article 50(1) point(c) is above 80% by weight of such packaging made available on the market for the
first time on the territory of that Member State in the calendar year 2026 . Where
such reporting has not yet been submitted to the Commission, the Member State shallprovide a reasoned justification, based on validated national data, and description of
the implemented measures, that the conditions for the exemption set out in thisparagraph are fulfilled;7859/24

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(b)

at the latest 12 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 timelinethat 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 (b) of that paragraph. The
Member State concerned shall submit a revised plan within 3 months of receipt of theCommission’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 theMember State concerned that the exemption no longer applies. The deposit and returnsystem shall be established by 1 January in the second calendar year following the year inwhich 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 inparticular for single use glass beverage bottles, and beverage cartons ▌. Member Statesshall 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 andcomplying with the provisions set out in this Regulation, adopt provisions which go
beyond the minimum requirements set out in this Article such as the possibility to include
packaging listed in paragraphs 2(a) and (b), and packaging for other products or madeof other materials.

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 also
convenient for end users as they are to return single-use packaging to a deposit and returnsystem.

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9.

By 1 January 2029, Member States shall ensure that at least the deposit and return systems▌ established under paragraph 2 after the entry into force of this Regulation, meet theminimum criteria listed in Annex X.
The minimum criteria listed in Annex X shall not apply to deposit and return systems
established before the entry into force of this Regulation, which achieve the 90 % target
set in paragraph 1 by 1 January 2029. Member States shall endeavour to ensure thatexisting deposit and return systems comply with the minimum requirements in Annex X
when they are first reviewed. If the 90 % target is not achieved by 1 January 2029,
existing deposit and return systems shall comply with the minimum requirements inAnnex X at the latest by 1 January 2035.
By 1 January 2038, the Commission, in collaboration with the Member States, shallassess the implementation of this Article and identify how to maximise theinteroperability of the deposit and return system.

9a.

The minimum criteria listed in Annex X shall not apply in outermost regions as
recognised in the fourth subparagraph of Article 349 of the Treaty, taking into accounttheir local specificities.

SECTION 5
RE-USE AND REFILL

Article 45
Re-use and refill
1.

Member States shall take measures to encourage the set-up of systems for re-use of
packaging with sufficient incentives for return and systems for refill in anenvironmentally 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:7859/24

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(a)

the use of deposit and return systems compliant with minimum requirements inAnnex 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 and to inform consumers about the cost of suchpackaging at the point of sale,(c)requirements on manufacturers or final distributors to make available in reusable
packaging within a system for re-use or through refill a certain percentage of otherproducts 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.

2b.

Member States shall ensure that extended producer responsibility schemes and deposit
systems dedicate a minimum share of their budget to financing reduction and prevention
actions.

SECTION 6
RECYCLING TARGETS AND PROMOTION OF RECYCLING

Article 46
Recycling targets and promotion of recycling
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 thefollowing specific materials contained in packaging waste generated:(i)

50 % of plastic;(ii)

25 % of wood;7859/24

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(c)

(iii)

70 % of ferrous metals;(iv)

50 % of aluminium;(v)

70 % of glass;(vi)

75 % of paper and cardboard;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 thefollowing specific materials contained in packaging waste generated:

2.

(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.

Without prejudice to paragraph 1, points (a) and (c) a Member State may postpone thedeadlines set out in paragraph 1, points (b)(i) to (vi), and (d)(i) to (vi) by up to 5 years,
under the following conditions:(a)the derogation from the targets in the period of postponement is limited to a
maximum of 15 percentage points from a single target or divided between twotargets,(b)

as a result of the derogation from the targets in the period of postponement, therecycling rate for a single target is not reduced below 30 %,7859/24

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(c)

as a result of the derogation from the targets in the period of postponement, therecycling rate for a single target referred to in paragraph 1, points (b)(v) and (vi) of
paragraph 1 is not reduced below 60 %, and the recycling rate for a single target
referred to in paragraph 1, point (d)(v) and (vi) is not reduced below 70% and(d)at the latest 24 months before the respective deadline laid down in paragraph 1,
points (b) and (d), of this Article, the Member State notifies the Commission of its
intention to postpone the deadline and submits to the Commission an implementation
plan in accordance with Annex XI to this Regulation, which may be combined with
an implementation plan submitted pursuant to Article 11(3), point (b), of Directive
2008/98/EC,.

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 theCommission considers that the plan does not comply with the requirements set out inAnnex XI. The Member State concerned shall submit a revised plan within 3 months ofreceipt of the Commission’s request. If the Commission considers that the plan still does
not comply with the requirements set out in Annex XI, which means that it is unlikelythat the Member States will be able to meet the targets within the additional period
requested by the Member State, but not longer than 5 years, the Commission shall reject
the implementation plan and the Member States shall be obliged to comply with thetargets within the deadlines set in paragraph 1, points (a) and (c) of this Article.

4.

By [OP: Please insert the date = 7 years after the date of entry into force of thisRegulation], 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, theCommission 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 fromrecycled 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.

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6.

A Member State may, while observing the general rules laid down in the Treaty andcomplying with the provisions set out in this Regulation, adopt provisions which go
beyond the minimum targets set out in this Article.

Article 47
Rules on the calculation of the attainment of the recycling targets
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.
The methodology to calculate the packaging waste generated shall be based on thefollowing approaches(a)the packaging made available on the market in a Member State in that specificyear, or(b)

the amount of packaging waste generated in the same year in that Member State.

Calculations based on the two approaches referred to in points (a) and (b) shall be
adjusted to ensure comparability, reliability and exhaustiveness of the results inaccordance with the requirements and verifications to be established under
implementing act referred to in Article 50(7)(a).
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 ofpackaging that has become waste which, having undergone all necessary checking, sortingand other preliminary operations to remove waste materials that are not targeted by thesubsequent reprocessing and to ensure high-quality recycling, enters the recycling
operation whereby waste materials are actually reprocessed into products, materials or
substances.

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4.

Composite packaging and other packaging composed of more than one material shall becalculated and reported per material contained in the packaging. Member States may
derogate from this requirement where a given material constitutes an insignificant part ofthe packaging unit, and in no case more than 5 % of the total mass of the packaging unit.

5.

▌

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 paragraph, the weight of the
packaging waste recycled may be measured at the output of any sorting operation provided
that:
(a)

such output waste is subsequently recycled;(b)

the weight of materials or substances that are removed by further operations
preceding the recycling operation and are not subsequently recycled is not includedin 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 to 6 are met. Thatsystem 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.

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9.

The amount of packaging waste materials that have ceased to be waste as a result of apreparatory operation before being reprocessed may be counted as recycled provided thatsuch 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 orlandfilled, shall not be counted as recycled.

10.

Member States may take into account the recycling of metals separated after incinerationof waste in proportion to the share of the packaging waste incinerated provided that therecycled 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 otherMember State may only be counted as recycled by the Member State in which thatpackaging 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 andif, in accordance with Regulation (EC) No 1013/2006, the exporter provides documentary
evidence that the shipment of waste complies with the requirements of that Regulation,
including that the treatment of packaging waste outside the Union took place underconditions that are ▌ equivalent to the requirements of the relevant Union environmentallaw.

Article 48
Rules on the calculation of the attainment of the recycling targets by including re-use
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 aspart of a system for re-use of packaging.

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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 thereusable 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 thereusable sales packaging referred to in the first subparagraph, composed of therespective 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 shallbe 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).

SECTION 7
INFORMATION AND REPORTING

Article 49
Information on prevention and management of packaging waste
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 entrusted in accordance with Article
41(1), producer responsibility organisations, or public authorities appointed by Member
States when applying Article 8a (2) of Directive 2008/98/EC, shall make available to endusers, in particular consumers, the following information regarding the prevention andmanagement 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 bestpractices;

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(b)

re-use arrangements available for packaging;(c)the role of end-users in contributing to the separate collection of packaging wastematerials, including handling of packaging containing hazardous products or waste;(d)the meaning of the labels and symbols affixed, marked or printed on packaging inaccordance 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, inparticular plastic carrier bags;(f)the composting properties and appropriate waste management options forcompostable packaging according to article 8(2). Consumers shall be informed thatcompostable packaging is not suitable for home composting and compostable
packaging shall not be discarded in nature.

Obligations under paragraph 1, point (d), shall be applicable as of [OP: Please insert thedate = 42 months from the date of entry into force of this Regulation] or the date ofapplication of Article 11, whichever is the latest.
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 andconsumers.

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3.

Where information is provided publicly, the confidentiality of commercially sensitive
information in conformity with the relevant Union and national law shall be preserved.

Article 50
Reporting to the Commission
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, thick plastic carrier bags and very thick plastic carrier bags per person,
separately for each category as listed in Table 5 of Annex XII;(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 also provide data on the annual consumption of other material carrierbags ▌ .
2.

Member States shall report for each ▌ calendar year data on:(a)the amounts of packaging made available on the market for the first time on the
territory of that Member State for each packaging category as listed in Table 4 ofAnnex XII;(b)amounts of ▌ collected packaging waste for each packaging material as referred toin Article 46;(c)the amounts of recycled packaging waste and recycling rates for each packaging
category as listed in Table 4 of Annex XII;(d)▌7859/24

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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 second full calendar year after the entry into force of the implementing act that
establishes the format for reporting to the Commission, in accordance with paragraph7;(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 arecollected. They shall report the data electronically within 19 months of the end of thereporting year for which the data are collected in the format established by the Commissionin accordance with paragraph 7.

5.

The data made available by Member States in accordance with this Article shall beaccompanied by a quality check report. That quality check report shall be presented in theformat established by the Commission in accordance with paragraph 7.

6.

The data made available by Member States in accordance with this Article shall beaccompanied by a report on the measures taken pursuant to Article 47(8) and (12),including detailed information about the average loss rates where applicable.

7.

The Commission shall, by [OP: Please insert the date = 24 months from 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 withparagraphs 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 theirreporting;7859/24

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(c)

the correction factor referred to in Article 38(1a) to account for the increase or
decrease in tourism in relation to the base year, for the purpose of achieving the
packaging waste prevention targets.

▌
8.

Member States shall require that system operators for reuse systems and all economic
operators making packaging available in the Member States provide competent authorities
with accurate and reliable data allowing Member States to fulfil their reporting obligations
under this Article, taking into account, where relevant, particular problems faced by small
and medium-sized enterprises with regard to the provision of detailed data.

Article 51
Packaging databases1.

By 12 months from the date of adoption of the implementing acts referred to in Article
50(7), Member States shall take the necessary measures to ensure that databases on
packaging and packaging waste are established, where not already in place, on aharmonised basis, to enable the reporting to the Commission.

2.

The databases referred to in paragraph 1 shall include the following:(a)information on the magnitude, characteristics and evolution of the packaging andpackaging waste flows at the level of individual Member States;

2a.

(b)

▌

(c)

the data listed in Annex XII.

The packaging databases shall be accessible to the wider public in a format that is
machine-readable and allows updated data access regarding reporting and cost of
packaging waste management, ensures interoperability and re-use of data. They shall be
provided by means of:(i)a website or other means of electronic communication, in the official language ofthe Member State concerned or

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(ii)

public reports in the official language of the Member State concerned.

These requirements shall be without prejudice to commercially sensitive information ordata protection laws.

Chapter VIII
Safeguard procedures

Article 52
Procedure for dealing with packaging presenting a risk at national level1.

Without prejudice to Article 19 of ▌ Regulation (EU) 2019/1020, where the market
surveillance authorities of one Member State have sufficient reason to believe thatpackaging covered by this Regulation presents a risk to the environment or human health,they shall, without undue delay, carry out an evaluation in relation to the packaging
concerned covering all requirements laid down in this Regulation that are relevant to therisk. The relevant economic operators shall cooperate as necessary with the market
surveillance authorities.
For the purpose of paragraph 1, the authorities responsible for the enforcement of thisRegulation shall follow up on complaints or reports related to alleged non-compliance of
packaging and packaged products with this Regulation, and verify that the appropriate
corrective action has been taken.
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 shallwithout delay require the relevant economic operator to take appropriate and proportionate
corrective measures, within a reasonable period prescribed by the market surveillanceauthorities which is commensurate with the nature and, where relevant the degree of the
non-compliance, to bring the packaging in compliance with those requirements.

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2.

By derogation from paragraph 1, in case of risk to human health concerns relating tocontact sensitive packaging subject to specific legislation aimed at protecting humanhealth, the surveillance authorities shall not evaluate a risk to human or animal healthoriginating from the packaging material, if transferred to the packaged content of the
packaging material, but alert the authorities competent for controlling those risks. Theseauthorities shall be the competent authorities referred to in Regulation (EU) 2017/625,
Regulation (EU) 2017/745, Regulation (EU) 2017/746, Directive 2001/83/EC orRegulation (EU) 2019/6.

3.

Where the market surveillance authorities consider that non-compliance is not restricted totheir 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 are 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 paragraph 1, second subparagraph, or the non-compliance
persists, the market surveillance authorities shall take all appropriate provisional measures
to prohibit the making available of the packaging on their national market, to withdraw the
packaging from that market or to recall it.
The market surveillance authorities shall inform the Commission and the other Member
States, without delay, of those measures.

6.

The information to the Commission and the other Member States referred to in paragraph 5
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, inparticular the data necessary for the identification of the non-compliant packaging, theorigin of the packaging, the nature of the non-compliance alleged and the risk involved, thenature and duration of the national measures taken and the arguments put forward by therelevant economic operator and, where applicable, the information referred to in Article
55(1). The market surveillance authorities shall also indicate whether the non-complianceis due to either of the following:7859/24

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(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 theirobjections.

8.

Where, within three months of receipt of the information referred to in paragraph 4, noobjection has been raised by either a Member State or the Commission in respect of aprovisional 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 orderto take account of the specificities of the requirements concerned.

9.

Member States shall ensure that the packaging is withdrawn from their market or that otherappropriate restrictive measures are taken without delay in respect of the packaging or the
manufacturer concerned.

Article 53
Union safeguard procedure
1.

Where, on completion of the procedure set out in Article 52(5) and (6), objections areraised against a measure taken by a Member State, or where the Commission considers anational measure to be contrary to Union legislation, the Commission shall without delay
enter into consultation with the Member States and the relevant economic operator oroperators 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 thenational measure is justified or not.
That implementing act shall be adopted in accordance with the examination procedurereferred to in Article 59(3).

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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, andshall inform the Commission accordingly.
If the national measure is considered unjustified, the Member State concerned shallwithdraw 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 toin Article 32, the Commission shall, without delay, amend or repeal the common technicalspecifications concerned.

Article 54Compliant packaging which presents a risk
1.

Where, having carried out an evaluation under Article 52, a Member State finds that
although packaging is in compliance with the applicable requirements set out in Articles 5
to 11, it presents a risk to the environment or human health, it shall without delay require
the relevant economic operator to take all appropriate measures, within a reasonable period
prescribed by the market surveillance authorities and commensurate with the nature and,
where relevant, the degree of risk, to ensure that the packaging concerned, when placed on
the market, no longer presents that risk, to bring the packaging into conformity, towithdraw it from the market or to recall it.

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2.

By derogation from paragraph 1, in case of risk to human health concerns relating tocontact sensitive packaging subject to specific legislation aimed at protecting humanhealth, the surveillance authorities shall not evaluate a risk to human or animal healthoriginating from the packaging material, if transferred to the packaged content of the
packaging material, but alert the authorities competent for controlling those risks. Theseauthorities shall be the competent authorities referred to in Regulation (EU) 2017/625,
Regulation (EU) 2017/745, Regulation (EU) 2017/746, Directive 2001/83/EC orRegulation (EU) 2019/6.

3.

The economic operator shall ensure that corrective measures are taken in respect of all theconcerned 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 Statesof 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 therisk involved and the nature and duration of the national measures taken.

5.

The Commission shall without delay enter into consultation with the Member States andthe relevant economic operator or operators and shall evaluate the national measures taken.
On the basis of the results of that evaluation, the Commission shall adopt an implementing
act determining whether the national measure is justified or not and, where necessary,
propose appropriate measures.
That implementing act shall be adopted in accordance with the examination procedurereferred to in Article 59(3).
On duly justified imperative grounds of urgency relating to the protection of theenvironment or human health, the Commission shall adopt an immediately applicable
implementing act in accordance with the procedure referred to in Article 59(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.

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Article 55
Controls on packaging entering the Union market
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(5) of this Regulation where the non-compliance is not restricted to theirnational territory. This communication shall include all relevant information, in particular
the details necessary for the identification of the non- compliant packaging to which themeasures apply and, in case of packaged product, the product itself.

1a.

The authorities designated pursuant to Article 25(1) of Regulation (EU) 2019/1020 shalluse the information communicated pursuant to paragraph 1 of this Article for carryingout their risk analysis under Article 25(3) of Regulation (EU) 2019/1020.

2.

The communication of information referred to in paragraph 1 shall take place throughentering 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(6) to the environment referred to in paragraph 2. That interconnection shall start
operating no later than two years from the date of the adoption of the implementing act
referred to in paragraph 4

4.

The Commission is empowered to adopt implementing acts specifying the procedural rules
and the details of the implementation arrangements for paragraph 3 including thefunctionalities, data elements and data processing, as well as the rules on the processing of
personal data, confidentiality and controllership for the interconnection referred to inparagraph 3 Those implementing acts shall be adopted in accordance with the examination
procedure pursuant to Article 59(3).

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Article 56
Formal non-compliance
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 therequired information in accordance with that Article;(d)the technical documentation referred to in Annex VII is not available, is not completeor 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 or 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 or
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.

(ka) the requirements on recyclable packaging set out in Article 6 are not fulfilled;7859/24

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(kb) the requirements on minimum recycled content for packaging set out in Article 7
are not fulfilled;
2.

Where the non-compliance referred to in paragraph 1, points (a) to (f), persists, theMember 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 themarket.

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.

Chapter IX
Green public procurement

Article 57
Green public procurement
1.

In order to incentivize the supply and demand for environmentally sustainable
packaging, the Commission shall, by … [OP: please insert the date = 60 months fromthe date of entry into force of this Regulation], adopt implementing acts specifying
minimum mandatory requirements for public contracts falling within the scope of
Directive 2014/24/EU for packaging or packaged products or for services using
packaging or packaged products or Directive 2014/25/EU, and awarded by contracting
authorities, as defined in Article 2(1) of Directive 2014/24/EU or Article 3(1) of Directive
2014/25/EU, or contracting entities, as defined in Article 4(1) of Directive 2014/25/EU, inwhich the packaging or packaged products represent more than 30% of the estimatedcontract value or of the value of products used by the services object of the contract.
Those implementing acts shall be adopted in accordance with the examination
procedure referred to in Article 59 paragraph 3.

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2.

The requirements set out in the implementing acts under paragraph 1 shall apply toprocedures for the awarding of public contracts referred to in that paragraph initiated 12months or later after the date of entry into force of the respective implementing act.

3.

The ▌ minimum mandatory green public procurement requirements shall be based on therequirements set out in Articles 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)

▌

(c)

the economic feasibility for contracting authorities or contracting entities to buy
more environmentally sustainable packaging or packaged products, without entailingdisproportionate costs;(ca) the market situation at Union level of the relevant packaging or packaged
products;(cb) the effects of the requirements on competition;(cc) packaging waste management obligations.
3a.

The minimum mandatory green public procurement requirements may take the form of:(i)technical specifications within the meaning of Article 42 of Directive 2014/24/EU
and of Article 60 of Directive 2014/25/EU.

(ii)

selection criteria within the meaning of Article 58 of Directive 2014/24/EU and of
Article 80 of Directive 2014/25/EU, or(iii) contract performance conditions within the meaning of Article 70 of Directive
2014/24/EU and of Article 87 of Directive 2014/25/EU.
Those minimum mandatory green public procurement requirements shall be developed inaccordance with the principles contained in Directive 2014/24/EU and in Directive
2014/25/EU to facilitate the achievement of the objectives of this Regulation.

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4.

Contracting authorities and contracting entities referred to in paragraph 1 may, in duly
justified cases, derogate from the mandatory requirements specified in a implementing
act referred to in paragraph 1 on the grounds of public security or public health.
Contracting authorities and contracting entities may also, in duly justified cases,
derogate from the mandatory requirements, when those would lead to unresolvable
technical difficulties.

Chapter X
Delegated powers and committee procedure

Article 58
Exercise of the delegation
1.

The power to adopt delegated acts is conferred on the Commission subject to theconditions 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 ofentry into force of this Regulation. The Commission shall draw up a report in respect of thedelegation 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 theEuropean 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 shalltake effect the day following the publication of the decision in the Official Journal of theEuropean Union or at a later date specified therein. It shall not affect the validity of any
delegated acts already in force.

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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 theEuropean 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 theEuropean 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 orof the Council.

Article 59
Committee procedure
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 shallapply.

3.

Where reference is made to this paragraph, Article 5 of Regulation (EU) No 182/2011 shallapply.
▌

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.

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Chapter XIAmendments

Article 60
Amendments to Regulation (EU) 2019/1020
Regulation (EU) 2019/1020 is amended as follows:(a)Annex I is amended as follows:
(i)
(ii)

▌
the following points are added:‘X [OP Please insert the next consecutive number] 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 (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 Directive 94/62/EC [for the Publications Office
to fill in the OJ publication details]. ’(b)in Annex II, point 8 is deleted.

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Article 61
Amendments to Directive (EU) 2019/904
Directive (EU) 2019/904 is amended as follows:(-a) in Article 2(2), the following text is added to the end of the sentence: ‘unless the
PPWR expressly provides otherwise.”
Article 22(4a) shall prevail when in conflict with Article 4 of Directive (EU) 2019/904 as
regards single use plastic packaging listed in Annex V point 3.
(a)in Article 6(5), points (a) and (b), are deleted as of 1 January 2030;(b)

in Article 13(1), point (e), is deleted as of 1 January 2030;(c)

Article 13(3) is be replaced by ‘3. The Commission shall review the data andinformation 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 thedata and information, the sources of data and information and the methodology usedin Member States as well as the completeness, reliability, timeliness and consistencyof that data and information. The assessment may include specific recommendations
for improvement. The report shall be drawn up after the first reporting of the dataand information by the Member States and every four years thereafter.’(d)in Part B of the Annex, paragraphs (7), (8) and (9) are replaced by:‘(7)

Food containers made of expanded (EPS) or extruded (XPS) polystyrene,

i.e. receptacles such as boxes, with or without a cover, used to contain food which:(a)is intended for immediate consumption, either on-the-spot or take-away,(b)

is typically consumed from the receptacle, and(c)is ready to be consumed without any further preparation, such as cooking,boiling or heating, including food containers used for fast food or other meal
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(8)

Beverage containers made of expanded (EPS) or extruded (XPS) polystyrene,
including their caps and lids;(9)

Cups for beverages made of expanded (EPS) or extruded (XPS) polystyrene,
including their covers and lids.'

in Part B of the Annex, paragraphs (10), (11) and (12) are added:'(10)

shrink wrap that is used in airports or train stations for protection ofluggage during transport.
(11)

chips of polystyrene and other plastics that are used to protect packed

goods during transport and handling. (12) multi-pack plastic rings used asgrouped packaging as defined in Article 3(1), point 3 of the Packaging andPackaging Waste Regulation'.

Chapter XII
Final provisions

Article 62
Penalties
1.

By [OP: Please insert the date = 24 months after the date of entry into force of thisRegulation], Member States shall lay down the rules on penalties applicable toinfringements of this Regulation and shall take all measures necessary to ensure that they
are implemented. The penalties provided for shall be effective, proportionate anddissuasive. ▌2.

For a failure to comply with the requirements of Articles 21 to 26 the penalties shall
include administrative fines. Where the legal system of the Member State does notprovide for administrative fines, this paragraph may be applied in such a manner that thefining 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 tothe administrative fines referred to in this paragraph. In any event, the fines imposed shallalso be effective, proportionate and dissuasive.

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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 andshall notify it, without delay, of any subsequent amendment affecting them.

Article 63
Evaluation
By [OP: Please insert the date = 8 years after the date of application of this Regulation], theCommission shall carry out an evaluation of this Regulation and of its contribution to thefunctioning of the internal market and the improvement of the environmental sustainability of
packaging. That evaluation shall have a part dedicated to, inter alia, the impact of this Regulationon the agri-food system and on food waste. The Commission shall present a report on the main
findings of that evaluation to the European Parliament, the Council, the European Economic andSocial Committee, and the Committee of the Regions. Member States shall provide the Commission
with the information necessary for the preparation of that report.

Article 64
Repeal and transitional provisions
Directive 94/62/EC is repealed with effect from [OP: Please insert the date = 18 months from thedate 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 thedate = 30 months after the ▌ entry into force of the implementing act referred to in
Article 11(5)];(aa) Article 9(1) and (2) of Directive 94/62/EC shall continue to apply with regard to
the essential requirements pursuant to Annex II, point 1, first indent until 31
December 2029;

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(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 ofthe calendar year following 36 months from the date of entry into force of thisRegulation];(c)

Articles 12(3a), (3b), (3c) and (4) of Directive 94/62/EC shall continue to apply until[OP: Please insert the date = the last day of the same calendar year in which theperiod of 36 months from the date of entry into force ends ], except as regards thetransmission 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 fromthe date of entry into force of this Regulation]. ▌(ca) Decisions 2001/171/EC and 2009/292/EC shall remain in force and continue toapply until repealed by delegated acts adopted by the Commission pursuant to
Article 5(5a) of this Regulation.
(cb) Member States may maintain national provisions restricting the placing on themarket of packaging in the formats and for the purposes listed in points 2 and 3 ofAnnex V until [OP, please insert the date = 3 years after the entry into force of theRegulation]. Article 4(4) shall not apply in relation to national measures
maintained by virtue of this paragraph until [OP, please insert the date = 3 years
after the entry into force of the Regulation].
References to the repealed Directive shall be construed as references to this Regulation and shall beread in accordance with the correlation table in Annex XIII.

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Article 65
Entry into force and application
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 = 18 months from the date of entry into force of
this Regulation].
However, Article 61, point (d), shall apply from [OP: Please insert the date = 48 months from thedate 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

For the Council

The President

The President

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Annex I▌ INDICATIVE LIST OF ITEMS IN THE SCOPE OF THE DEFINITION OF
PACKAGING IN ARTICLE 3(1)Items covered by Article 3(1)(a)Packaging
Sweet boxes
Film overwrap around a CD case
Mailing pouches for catalogues and magazines (with a magazine inside)
Cake doilies sold with a cakeRolls, 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 notused to present a product as a sales unit
Flower and plant pots intended to be used only for ▌ selling and transporting.
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)▌
Refillable steel cylinders used for various kinds of gas, excluding fire extinguishers
Tea and coffee foil pouches
Boxes used for toothpaste tubes
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Non-packaging
Flower and plants pots, including seed trays, used in business to business relations throughout
different stages of production or intended to be sold with the plant.
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)Items covered by Article 3(1)(d-e)
Packaging, if designed and intended to be filled at the point of sale
Paper or plastic carrier bags
Disposable plates and cups
Cling film
Sandwich bags
Aluminium foil
Plastic foil for cleaned clothes in laundries

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Non-packaging
Stirrer
Disposable cutlery
Wrapping paper (sold separately to consumers and business operators)
Paper baking cases (sold empty)
Cake doilies sold without a cake
Disposable plates and cups not intended to be filled at the point of sale
Items covered by Article 3(1)(b-c)
PackagingLabels hung directly on or attached to a product including sticky labels attached to fruits andvegetables▌
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 millfilled with pepper)

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Non-packaging
Radio frequency identification (RFID) tags
Tyre labelling stickers (EU 2020/740)

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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
Cat.

PredominantNopackaging(new)material

Colour /Packaging

Format (illustrative and non-type

exhaustive)

transmittance
Glass andcomposite

1

Glass

Opticalpackaging,of which the
majority is
glass

Bottles, jars, flacons,
cosmetics pots, tubs,
ampoules, vials made of glass-(soda lime silica), aerosol
cans

Boxes, trays, grouped
2Paper/cardboard

Paper/card

packaging, flexible paper

board

packaging (e.g. films, sheets,

packagingpouches, lidding, cones,-

wrappers)
Liquid packaging board, andComposite
packaging
3

Paper/cardboardof which the
majority ispaper/cardboard

paper cups (i.e. laminatedwith polyolefin and with orwithout aluminium), trays,
plates and cups, metallised or-

plastic laminatedpaper/cardboard,paper/cardboard with plastic
liners/ windows

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Steel andcomposite
4

Metalpackagingof which the
majority is
steel

Rigid formats (aerosols cans,
cans, paint tins, boxes, trays,
drums, tubes) made of steel,-including tinplate andstainless steel

Aluminium
andcomposite
5

Metalpackagingof which the
majority isaluminium

Rigid formats (food andbeverage cans, bottles,
aerosols, drums, tubes, cans,-boxes, trays) made ofaluminium– rigid
Aluminium
andcomposite
packaging6

Metalof which the
majority isaluminium

Semi rigid and flexible
formats (containers andtrays, tubes, foils, flexible-foil) made of aluminium– semi rigid
and flexible

7

Plastic

PET – rigid

Transparent clear

Bottles and flasks/ coloured, opaque

Rigid formats other thanbottles and flasks (Includes
8

Plastic

PET – rigid

pots, tubs, jars, cups, monoand multilayer trays andTransparent clear/ coloured, opaquecontainers, aerosol cans)

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9

Plastic

10

Plastic

11

12

13

14

15

Plastic

Plastic

Plastic

Plastic

Plastic

PET –flexible

PE – rigid

PE –flexible

PP – rigid

PP –flexible

Films

Natural / coloured

Containers, bottles, trays,
pots and tubes
Films, including multilayer
and multi-material

Natural / coloured

packagingContainers, bottles, trays,
pots and tubes

and multi-material

Natural / coloured

packaging
Crates and pallets,

PP – rigid

corrugated board plastic– rigid

Natural / coloured

Films, including multilayer

HDPE andPS and XPS

Natural / coloured

Natural / coloured

Rigid formats (includes dairy
packaging, trays, cups andNatural / coloured

other food containers)
Rigid formats (includes fish

16

Plastic

EPS – rigid

boxes / white goods andNatural / coloured

trays)
Other rigid
plastics (e.g.
17

Plastic

PVC, PC)

Rigid formats, including e.g.

includingintermediate bulk containers,

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Otherflexibleplastics
18

Plastic

includingmultimaterials –flexible

Pouches, blisters,
thermoformed packaging,vacuum packaging, modified
atmosphere/modified-

humidity packaging,including e.g. flexible
intermediate bulk containers,
bags, stretch films

Biodegradableplastics[1] 19

Plastic

rigid (e.g.

Rigid and flexible formats-

Pallets, boxes, crates

-

Bags

-

Pots, containers, bottles, jars-

PLA, PHB)
and flexible(e.g. PLA)
Wooden20

Wood, cork

packaging,includingcork
Natural and21

Textilesynthetic
textilefibresCeramics or
22

porcelain

Clay, stone

stoneware

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[1]

Please note that this category contains plastics that are readily biodegradable (meaninga proven ability to convert >90% of the original material into CO2, water and minerals by
biological processes within 6 months) and regardless of the feedstock used for theirproduction. Bio-based polymers that are not readily biodegradable are covered under theother relevant plastic categories.

Table 1a: Indicative list of packaging materials and categories referred to in Article 6

Materials

categories

PET rigid

link to Table 1, AnnexII
cat 7, 8

PE rigid, PP rigid, HDPE
and PP rigid

cat 10, 12, 14

Films/flexible

cat 9, 11, 13, 18

PS, XPS, EPS

cat 15, 16

Other rigid plastics

cat 17

Plastic

Biodegradable (rigid andflexible)
Paper/cardboard (except
Paper/cardboard

liquid packaging board)cat 19cat 2, 3

Liquid packaging board

cat 3

Aluminium

cat 5, 6

Steel

cat 4

Metal

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Glass

Glass

cat 1

Wood

Wood, cork

cat 20

OthersTextile, ceramics/porcelain
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Table 2: Recyclability performance grades

Packaging recyclability shall be expressed in the performance grades A, B or C.

From 2030, recyclability performance is based on Design for Recycling criteria. The Design for Recycling criteria shall ensure the circularityof the use of the resulting secondary raw materials of sufficient quality to substitute the primary raw materials.
The assessment based on Design for Recycling criteria shall be carried out per each packaging category listed in Table 1 of Annex II, taking
into account the methodology established under paragraphs 4 of Article 6, and the related delegated acts, as well as the parameters establishedin Table 2a of Annex II. After weighing the criteria per packaging unit, it will be classified into categories A, B or C. When a packaging unit’s
recyclability performance grade is below 70%, it is considered to be non-compliant with the recyclability performance grades and therefore
the packaging will be considered technically non-recyclable, and its placing on the market should be restricted.
From 2035, a new factor shall be added to the assessment of the packaging recyclability, which is the “recycled at scale” assessment.
Consequently, a new assessment will be carried out based on the quantity (weight) of the material effectively recycled from each of the
packaging categories according to the methodology established in the implementing acts adopted under paragraph 6 of Article 6. The
thresholds related to the annual recycled packaging materials for compliance with the recycled at scale assessment shall be defined taking into
account the target set in Article 3(1)(32).

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2030

Recyclab
ility
Performa
nce
Grade

2035

Design for recycling(DfR)
Assessment ofRecyclability

Design for recycling

Performance Grade(DfR)(for DfR)

2038

Recyclability

Recyclability

performance Grade

Performance Grade(for Recycled at

Recyclability performance
Grade (for Recycled atscale Assessment)

recyclability per unit,

Assessment ofterms of weighting(DfR)
Assessment ofscale Assessment)

recyclability per unit, in

Design for recycling

in terms of weighting

recyclability perunit, in terms ofweighting

Grade Ahigher or equal to 95 %Grade Ahigher or equal to 95

Grade A RaS

Grade A%
Grade Bhigher or equal to 80%

Grade Bhigher or equal to 80

higher or equal to 70%

Grade Chigher or equal to

Grade A RaS%
Grade B RaS

Grade Bhigher or equal to 80%

Grade B RaS

Grade C RaS

Grade Chigher or equal to70%

Grade C RaS

Lower than 70%

NOT RECYCLED AT
SCALE%
Grade Chigher or equal to 95

70%
CANNOT BE
PLACED ON THE
MARKETTECHNI

Lower than 70%

TECHNICALLY

CALLY

NON-

NON-

RECYCLABLE

RECYC

Lower than 70%

NOT RECYCLEDAT SCALETECHNICALLYNON-RECYCLABLE(below thresholds ofArticle 3(1)(32).

(below thresholds ofArticle 3(1)(32).

LABLE

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Table 2a: Non-exhaustive list of parameters for setting Design for Recycling criteria under
Article 6
The list in Table 2a will be used as a basis when defining design for recycling criteria (as set
out in Article 6(4)). The design for recycling criteria will then be used in order to set thecalculations leading to the performance grades listed in Table 2. In addition, the assessment ofthese parameters shall consider:-separability of any component of packaging, either manually by consumers or inprocessing plants,-

efficiency of sorting and recycling processes e.g. yield,-

evolution of sorting and recycling technologies (to address the aspect if a packaging
cannot be sorted today but it might be sortable in 2 years), and-preservation of functionality of secondary raw materials enabling the substitution ofprimary raw materials.

The packaging functionality that the following parameters provide to the packaging shall befactored in in the setting of design for recycling criteria.
Parametersfordesign forrecycling
criteria

Parameter’s relevance

Additives

Additives refer often to substances added to materials toconfer specific properties. The presence of additives in the
packaging containers can result in incorrect sorting of the
packaging materials during the sorting process and cancontaminate the obtained secondary raw materials.

LabelsCoverage rate of labels can affect the efficiency of thesorting process. Material of which the label is made of andtype of glue/adhesive also affect the quality of thesecondary raw material.

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Sleeves

Coverage rate of the sleeve on the main packaging bodyaffects the possibilities for sorting. In addition, the use of
sleeves, can affect the ability to separate them the main
packaging body.
The material of which the sleeve is made of can affect boththe sortability and the recyclability of the packaging.

Closure
s and
other
small
packagi
ng
compo
nents

Closures refer to components used to close or seal the
packaging. There may be different types of closures, rigid
or flexible, such as tamper evident shrink wrap, linings,
caps, lids, seals, valves etc.
The material of which the closures is made of can affectboth the sortability and the recyclability of the packaging.
Closures that are not firmly attached to the packaging canincrease littering.
Small packaging components attached to the main
packaging body can affect the separability and therecyclability. Thus can be lost in the sorting and recycling
process.

Adhesives

Adhesive can be used in such a way that they can be easily
separated in the recycling process or by the end user or ina way that they do not affect the efficiency of the sorting
and recycling processes. The presence of adhesive residues
on the packaging can downgrade the quality (purity) of thesecondary raw materials.
Washable adhesives can ensure the separation from themain packaging body and that no adhesive residue
remains in the secondary raw material.

Colours

Colour are substances that impart colour to the packaging
material.
Heavily dyed materials in paper or plastics can cause
problems with regard to sorting and can downgrade thequality of secondary raw materials.

Material
composition

Use of mono-materials or material combinations that
permit easy separation and ensure high yield of secondary
raw materials is preferable.

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Barriers/coatings

The material or substance added to confer barrier
properties (barrier), or a variety of materials applied on
the surface to impart other properties (coating).
The presence of barriers/coatings within the packaging canmake recycling more difficult. Combinations that ensurehigh yield of secondary raw materials are preferable.

Inks
and
laquers/
printing/
codingInks and lacquers are mixtures of colorants with othersubstances applied onto the material by a printing or
coating process (ink) or a protective coating made of resin
and/or cellulose ester dissolved in a volatile solvent(lacquer). Coding refers to printing applied directly tosales packaging for the purpose of batch coding and otherinformation and branding.
The use of inks with substances of concern hinders
recycling, as those packaging units cannot be recycled.
Printing inks when released can contaminate the recycling
stream through the washing water. Likewise, printing
inks, which are not released can impair the transparencyof the recycling stream.

Product
residues/
easeof
emptying

Residues of the content of the packaging can affect thesortability and the recyclability. The design of the
packaging should enable the easy emptying of its content
and when disposed of should be in a fully drained condition.

Ease of

Components that are firmly attached to each other canaffect the sortability and the recyclability of the packaging.
Packaging design can facilitate the possibility of separating
different components into different material streams.

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Annex III
COMPOSTABLE PACKAGING
Conditions to be considered when mandating or introducing the use of compostable packaging
format:(a)

it could not have been designed as reusable packaging or the products could not be
placed on the market without packaging;(b)

it is designed to enter the organic waste stream at the end of its life;(c)

it is of such biodegradable nature that it allows the packaging to undergo physical ▌or biological decomposition, including anaerobic digestion, resulting ultimately inconversion into carbon dioxide and water, new microbial biomass, mineral salts, ▌and, in the absence of oxygen, methane,(d)its use significantly increases the collection of organic waste compared to the use ofnon-compostable packaging materials;(e)

its use significantly reduces the contamination of compost with non-compostable
packaging ▌ and does not cause any problems in bio-waste processing;(f)

its use does not increase the contamination of non-compostable packaging waste
streams.

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Annex IV
METHODOLOGY FOR PACKAGING MINIMISATION ASSESSMENT

Part I
PART I
Performance criteria
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 orchemical damage, vibration, compression, humidity, moisture loss, oxidation, light,
oxygen, microbiological infection, pest, deterioration of organoleptic properties etc. andinclude references to specific legislation setting out requirements on product quality.

2.

Packaging manufacturing processes: The packaging design shall be compatible with the
packaging manufacturing and filling processes. The packaging manufacturing processes
may determine packaging design elements such as the shape of a container, thickness
tolerances, size, feasibility of tooling, specifications minimising waste in manufacturing.
The processes operated by manufacturer of products may also require certain design
elements of packaging, such as impact and stress resistance, mechanical strength,
packing line speed and efficiency, stability in conveying, heat resistance, effective
closing, minimum headspace, hygiene.

3.

Logistics: The packaging design shall ensure adequate and safe distribution, transport,
handling and warehousing of the packaged product. Requirements may consist ofdimensional co-ordination for optimum space utilisation, compatibility with palletisingand de-palletising systems, handling and warehousing system, packaging system
integrity during transport and handling.

3a.

Packaging functionality: the packaging design shall ensure its functionality taking into
account the purpose of the product and particularities due to the occasion of its sale,such as sales for gift purposes or on the occasion of seasonal events.

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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. Requirements may include
providing product information, instructions for storage, application and use, bar codes,
best before date.

5.

Hygiene and safety: the packaging design shall ensure user and consumer safety as well as
product safety and hygiene throughout the distribution, end use and disposal.
Requirements may include safe handling design, child resistance, anti-tamper, antitheft, anti-counterfeit, hazard warnings, clear identification of content, safe opening
device, pressure release closure.

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 reusability,
recyclability and inclusion of recycled content as required under this Regulation. If the
packaging is intended for re-use, it shall fulfil the requirements laid down in Article 10(1)of this Regulation. This means that the packaging weight or volume may have to be
increased, beyond what would otherwise be possible under the other performance factors
in order to enable for e.g. a higher number of trips / rotations, to facilitate inclusion ofrecycled content or to enhance recyclability (e.g., when moving to a mono- material or
PCR Post Consumer Recycled content).

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Part IIPART II
Assessment methodology and determination of the minimum packaging volume and weight
The assessment of the minimum packaging volume and weight necessary to ensure the packaging
functionality as described in Article 3(1) of the Regulation shall be explained in thetechnical documentation and shall include at least:(-a) the description of the outcome of the assessment, including the details of thecalculation of the minimum necessary weight and volume for the packaging. Possible
variations between production batches for a same packaging shall be taken into
account and documented;(a)for each performance criterion as listed in Part I, a description shall be made which
explains the design requirement that prevents further reduction of the packaging
weight or volume without endangering the packaging functionality, including safety
and hygiene, for the packaged product, packaging and user. The method used for theidentification 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,such as the reduction of any superfluous layer which does not perform apackaging function. Substitution of one packaging material with another shall not
be considered sufficient;

(b)

▌

(c)

any test results, market research or studies that have been used for the assessment
conducted under points (a) and (b).

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Annex V
RESTRICTIONS ON USE OF PACKAGING FORMATS

Illustrative
examplePackaging format

Restricted use

1.

Single-use plastic
grouped packaging

Plastic packaging used at the point of sale Collation▌to group goods sold in bottles, cans, tins, films, shrink
pots, tubs, and packets designed as
wrap
convenience packaging to enable orencourage consumers ▌to purchase morethan one product. This excludes grouped
packaging necessary to facilitate handling▌.

2.

Single use plastic packaging for less than Nets, bags,
1.5 kg pre-packed fresh fruit and trays,
vegetables. Member States may set up containers
exemptions to this restriction if there is ademonstrated need to avoid water loss, or
turgidity loss, microbiological hazards orSingle use plastic
physical shocks, oxidation, or if there is▌packaging fornootherpossibility
toavoid
unprocessed fresh fruit
commingling of organic fruits andand vegetables
vegetables with non-organic fruits andvegetables
incompliancewith
requirements in regulation EU 2018/848,
on certification or labelling, without
entailing disproportionate economic andadministrative costs.
Single use plastic packaging for foods and Trays,
beverages filled and consumed within the disposable
premises in the HORECA sector, whichplates andinclude all eating areas inside and outside a cups, bags, ▌,place of business, covered with tables and boxesstools, 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.
Establishments in the HORECA sector
that do not have access to drinking
water are exempted.

3.

Single use plastic▌packaging

4.

Single use plastic
Single use plastic packaging in the
Sachets, tubs,
packaging for
HORECA sector, containing individual
trays, boxes
condiments, preserves, portions or servings, used for condiments,

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sauces, coffee creamer, preserves, sauces, coffee creamer, sugar
sugar, and seasoning in and seasoning, except in the following
HORECA sector
cases:A) such packaging is provided together
with take-away ready-prepared foodintended for immediate consumption
without the need of any further
preparation;B) such packaging is required to ensure
safety and hygiene in establishments
where there is a medical requirement forindividualised care, such as hospitals,
clinics, nursing homes.

5.

Single use packaging for cosmetics,
Shampoohygiene and toiletry products for the use bottles, handSingle use
in the accommodation sector, according and body▌accommodation sector
lotion bottles,
to NACE Rev. 2 – Statistical▌packaging intended
1classification of economic activities ,sachets aroundfor an individual
intended for an individual booking only ▌bar soap
booking
and intended to be discarded before thenext guest arrives.

6.

Very lightweight plastic carrier bags,
Very thin
except for very lightweight plastic
bags
carrier bags required for hygiene
provided forreasons or provided as primarybulk
packaging for loose food when this helps groceries
to prevent food wastage.

Very lightweightplastic carrier bags

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Annex VI
REQUIREMENTS SPECIFIC TO THE SYSTEMS FOR RE-USE AND REFILL STATIONS
For the purposes of this Annex, the following definitions shall apply:(-a) ‘Governance guidelines’ is the description of the governance structure of a re-use
system, defining the role of system participants, ownership and any foreseentransfer of ownership of packaging, as well as other relevant governance elementsof the re-use system as defined in this Annex;(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 thesystem 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.

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Part I
Part A
Requirements for systems for re-use
General requirements for systems for re-use
The following requirements apply for all systems for re-use and shall be simultaneously satisfied:(a)

The system has a clearly defined governance structure as described in theguidelines;(b)

the governance structure ensures that the objectives of the system in the governanceguidelines and, if applicable, the re-use targets and any other objectives of thesystem can be met;(c)the governance structure allows for equal access and fair conditions of all economic
operators wishing to become a part of the system;(d)the governance structure allows for equal access and fair conditions for all end-users;(da) The system is designed to ensure that reusable packaging rotating within it
completes at least the minimum intended number of rotations as referred to in thedelegated act adopted under Article 10.
(e)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;7859/24

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(v)

requirements for packaging collection;(vi)requirements for packaging storage;(vii)

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 thecollection points or grouped collection system;(ix)

rules to ensure equal and fair access to the reuse system including

vulnerable end-users;(f)the system operator of the system controls the proper functioning of the system andverifies whether the re-use is properly enabled;(g)

the system has reporting rules, allowing to access data on number of fillings or reuses i.e. rotations per category, and rejects, collection rate i.e. return rates, units ofsales or equivalent units, including the material and per category, or an average
estimation if the calculation is not feasible, and number of units of reusable orrefillable packaging added to the system, number of units of packaging that havebeen handled by the end-of-life plan;(h)design of the packaging is laid down in accordance with mutually agreed
specifications or standards;(i)the system ensures a fair distribution of costs and benefits for all system participants.

(j)the system ensures the implementation of the Extended Producer Responsibility
obligations for reusable packaging used in the system and that has become waste.

The open loop systems which do not have a system operator, are exempted from part A,
points (b), (f) (g) and (i).
Open loop systems established prior to the entry into force of this Regulation shall be
exempted from the requirements under Part A, 1. (a), (b), (c), (f), (g) and (i).

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Requirements for closed loop systems
In addition to the general requirements under point 1, the following requirements shall besimultaneously 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;

Requirements for open loop systems
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 thepackaging 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 thesystem.

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Part II
Part B
Reconditioning
1.

The reconditioning process shall not create risks to the health and safety of those
responsible for doing so and minimize its impact on the environment. It shall be operated
in accordance with applicable legislation on contact sensitive materials, waste andindustrial emissions.

2.

Reconditioning shall cover the following operations adapted to the reusable packaging
format and its intended use:

3.

(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.

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.

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Part IIIPart C
Requirements for refill▌ Refill stations shall fulfil the following requirement:(a)contain a clear and precise information on:(i)hygiene standards that the end user’s container has to meet in order to beallowed to use the refill station;▌(iii) types and features of containers that can be used to purchase products throughrefill;(iv) contact details of the final distributor to ensure compliance with hygiene
standards set out in applicable law.
(b)

contain a measuring device or provide similar means of ensuring the end user a
specified amount for purchase;(c)the price paid by end users shall not include the weight of the refill container.
▌

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Annex VII
CONFORMITY ASSESSMENT PROCEDURE
Module A
Internal production control
1.

Internal production control is the conformity assessment procedure whereby the
manufacturer fulfils the obligations laid down in points 2, 3 and 4, and ensures anddeclares on his sole responsibility that the packaging concerned satisfies the requirementsof Articles 5 to 11 of this Regulation that apply to them.

2.

Technical documentation
The manufacturer shall establish the technical documentation. The documentation shallmake it possible to assess the packaging’s conformity with the relevant requirements, andshall include an adequate analysis and assessment of the risk(s) of non-conformity.
The technical documentation shall specify the applicable requirements and cover, as far as
relevant for the assessment, the design, manufacture and operation of the packaging. The
technical documentation shall contain, wherever applicable, at least the following
elements:(a)a general description of the packaging and of its intended use,(b)conceptual design, manufacturing drawings and materials of components ▌ , etc.

(c)descriptions and explanations necessary for the understanding of those drawings andschemes 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 ▌ specifications, referred to in Article 32, applied in full or in part(iii) other relevant technical specifications used for measurement or calculation
purposes,7859/24

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(iv)

in the event of partly applied harmonised standards and/or common

specifications, an indication of the parts which have been applied,(v)in the event of harmonised standards and/or common ▌ 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)3.

test reports.

Manufacturing
The manufacturer shall take all measures necessary, so that the manufacturing process andits monitoring ensure compliance of the manufactured packaging with the technicaldocumentation referred to in point 2 and with the requirements referred to in point 1.

4.

Declaration of conformity
The manufacturer shall draw up a written declaration of conformity for a packaging typeand 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 declarationof 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 as regards keeping of the technicaldocumentation may be fulfilled by his authorised representative, on his behalf and under
his responsibility, provided that they are specified in the mandate.

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Annex VIII
EU DECLARATION OF CONFORMITY NO* …
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): descriptionof 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 orreferences to the other technical specifications in relation to which conformity is declared.

7.

Where applicable, 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)

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Annex IX
INFORMATION FOR REGISTRATION AND REPORTING TO THE REGISTERREFERRED TO IN ARTICLE 39

Part I
A. Information to be submitted upon registration
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 makes its packaging
available on the market in the Member State and address of the producer including
postal code and place, street and number, country, telephone, if any, web address ande-mail address, indicating a single contact point;(aa) where a producer has entrusted an authorised representative for the extended
producer responsibility, in addition to the information referred in (a): name andaddress including postal code and place, street and number, country, telephoneand e-mail address of the representative;(b)national identification code of the producer, including its trade register number or
equivalent official registration number and the European or national tax
identification number;▌(d)a declaration on how the producer meets its responsibilities under Article 40,
including the certificate issued by the producer responsibility organisation whenarticle 41(1) applies.

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2.

Where a producer responsibility organisation is entrusted to carry out the EPR obligations,the information to be provided by the producer shall include the name and contact details,
including postal code and place, street and number, country, telephone, web address and email address and the national identification code of the producer responsibility
organisation, including the trade register number or an equivalent official registration
number and the European or national tax identification number of the producer
responsibility organisation, and the represented producer’s mandate, a statement by the
producer or, where applicable, producer’s authorised representative for the EPR or the
producer responsibility organisation, stating that the information provided is true.

3.

In the case of a producer responsibility organisation entrusted by the producer as
referred to in Article 41(1), carrying out the obligation to register set in Article 39, it
shall, in addition to the information required under point 1 of Part A of this Annex,
provide:(a)the names and contact details, including postal codes and places, streets andnumbers, 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.

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Part II
Information to be submitted for reporting
B. Information to be submitted for reporting according to
Article 39(7).
(a)

national identification code of the producer;(b)reporting period;(c)quantities by weight of packaging categories as set out in Table 1 in Annex II that the
producer makes available on the market of the Member State for the first time;▌(g)arrangements to ensure the producer responsibility regarding the packaging ▌ placed on
the market.

C. Information to be submitted for reporting according to
Article 39(7a).
(a)

national identification code of the producer;(b)reporting period;(c)information on packaging types set out in Table 1.

(d)arrangements to ensure the producer responsibility regarding packaging placed on themarket7859/24

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Table 1
Quantities by weight made available inmember state
Glass
Plastic
Paper/cardboard
Ferrous metal
Aluminium
Wood
Other
Total

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Article 39(7c).
(a)

quantities, by weight, per category of packaging waste, as defined in Table 1a of Annex
II, collected in the Member State and sent for sorting;(b)quantities, by weight, per category of packaging waste recycled, recovered and disposedof within the Member State or shipped within or outside the Union as set out in Table 4
in Annex XII;(c)quantities, by weight, of separately collected single use plastic beverage bottles with thecapacity 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;7859/24

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Annex X
MINIMUM REQUIREMENTS FOR DEPOSIT AND RETURN SYSTEMSFor 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 meetthe following minimum requirements:(a)a single system operator is established or licenced or, in case there is morethan one system operator, Member State shall adopt measures to ensure
coordination between the different system operators;(b)

the governance and related operational rules of the system allow for equal
access and fair conditions of all economic operators wishing to become part ofthe 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 therequired 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 operators perform exclusively roles arising from the rules of thisRegulation, and any additional roles related to the coordination and operationof the deposit and return system as established by the Member States;

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(h)

system operators coordinate the functioning of the deposit and return system;(i)system operators keep 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 therequirements laid down in the Regulation, as well as any additional
requirements established in the Member State in which it operates;(j)a sufficient amount of the annual turnover of the system operator is used for
public awareness campaigns on the ▌ management of packaging waste;(k)system operators must provide any information requested by the competentauthorities of a Member State, in which the system operates, for the purposesof monitoring compliance with the requirements in this Annex;(l)Member States shall ensure that final distributors are obligated to accept thedeposit bearing packaging of the packaging material and format that they
distribute and to provide end users with redeemed deposits. When the deposit
bearing packaging is returned, unless end users have equally accessiblemeans to redeem the deposit after the use of the deposit bearing packaging,through one of the collection channels that, for food packaging, ensure foodgrade recycling and that are authorised for that purpose by the national
authorities.

This obligation does not apply where the sale surface area does not make possible
for end users to return deposit bearing packaging. However, final distributors will
always have to accept the return of the empty packaging of products they sell.
▌(n)

end user is able to return the deposit bearing packaging without the need topurchase any goods; deposit shall be redeemed to the consumer;

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(o)

all deposit bearing packaging that is to be collected by a DRS system is clearlylabelled, so that the end users can easily identify the need to return suchpackaging.

(p)fees are transparent;▌
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 toincrease 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 deposit andreturn systems allows for collection of packaging from other Member States’ DRS at designatedcollection points and shall endeavour to enable the possibility of return of a deposit that was
charged to the end user when purchasing the packaging.
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Annex XI
IMPLEMENTATION PLAN TO BE SUBMITTED PURSUANT TO POINT (D) OF
ARTICLE 46(2)The implementation plan to be submitted pursuant to Article 46(2), point (d), shall contain thefollowing:(a)assessment of the past, current and projected rates of recycling, landfilling andother 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 attainthe 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 thattarget;(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 timeextension, including appropriate economic instruments and other measures toprovide 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 (d),determination of the body competent for their implementation and anassessment 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 planningand monitoring performance in waste management.

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Annex XIIDATA TO BE INCLUDED BY MEMBER STATES IN THEIR DATABASES ON
PACKAGING AND PACKAGING WASTE(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)2.

quantities of reusable packaging (Table 2).

For sales, grouped and transport packaging waste:(a)

For each packaging category (Table 4):(i)quantities made available on the market for the first time within the
territory of the Member State;

(b)

(ii)

quantities of generated packaging waste;

(iii)

▌

(iv)

quantities disposed of, recovered, and recycled of packaging.

The annual consumption of very lightweight plastic carrier bags, lightweight plastic
carrier bags and thick plastic carrier bags per person, separately for each category, as
laid down in Article 50(1) point (b) (Table 5)(c)

Separate collection rate of the packaging formats covered by the deposit returnsystems, as laid down in Article 44(1) (Table 6)7859/24

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Table 1
Quantity of packaging (sales, grouped and transport) generated within the national territory
Tonnage- Tonnage+ Tonnage+ Tonnage

produced

exported

importedstored= TotalGlass
Plastic
Paper/cardboard ▌Ferrous metal
Aluminium
Wood
Other
Total

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Table 2
Quantity of total reusable packaging (sales, grouped and transport) reused made available on
the market for the first time within the national territory
Tonnage of
packaging

Reusable packaging

Reusable sales
packagingmadeavailable on
the market
for the first

Percentage oftime on the

total

tonnageterritory of

reusablethat

packaging

Percentage
of total
Tonnagereusablesales
packaging

MemberState
Glass
Plastic
Paper/cardboard▌
Ferrous metal(including
tinplate ▌Aluminium
Wood
Other
Total
▌

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Table 4
Quantity per packaging category, as defined in Table 1a of Annex II, of: packaging made available on the market for the first time within the
territory of the Member State; generated packaging waste; and packaging waste disposed of, recovered and recycled within the national
territory and exported.
Material

Category

Packaging

Packaging

Total

Total

Total

Total

Total

Total

made

waste

packagingpackagingpackagingpackagin

packagingpackagingavailable on

generation

g

waste

the market

(t)

waste

Recovered (t)for the firsttime on thewastedisposed of

waste
Recovered (t)(t)

recycled (t)Waste
recycled (t)disposedof (t)

territory of
the Member

Waste

Within the national territory

Outside the national territory

State (t)Plastic

PET rigid
PE rigid, PP rigid,
HDPE and PP rigid
Films/flexible
PS, XPS, EPS

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Other rigid plastics
Biodegradable(rigid and flexible)
Paper/card

Paper/cardboard

board(except liquid
packaging board)
Liquid packaging
board

Metal

Aluminium
Steel

Glass

Glass

Wood

Wood, cork
Textile,Othersceramics/porcelain
and others

7859/24

KR/iw
TREE.1.A

237

EN

Table 5
Quantity of very lightweight plastic carrier bags, lightweight plastic carrier bags, thick plastic
carrier bags, and very thick plastic carrier bags per person, consumed within the national
territory
Plastic carrier bags consumed within the national
territory
Number per person

Tonnes per person

very lightweight plastic carrierbags plastic carrier bags with awall 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

7859/24

KR/iw
TREE.1.A

238

EN

Table 6
Separate collection rate of packaging formats covered under the deposit return systems, as
laid down in Article 44(1)Tonnes of packaging placed Separately collected

withintheon the market for the first national territory by the deposit andtime within the national return scheme (t)territory (t)Singleuse

plastic

beverage bottles withthe capacity of up to 3
litresSinglebeverage

use

metal

containers

with a capacity of up
to 3 litres7859/24

KR/iw
TREE.1.A

239

EN