ANNEXES to the Proposal for a Regulation of the European Parliament and the Council on packaging and packaging waste, amending Regulation (EU) 2019/1020 and Directive (EU) 2019/904, and repealing Directive 94/62/EC

1.

Kerngegevens

Document date 02-12-2022
Publication date 03-12-2022
Reference 15581/22
External link original article
Original document in PDF

2.

Text

Council of the European Union

Brussels, 2 December 2022 (OR. en)

15581/22

Interinstitutional File: ADD 1

2022/0396(COD) i

ENV 1243 MI 898 ENT 169 IND 527 CONSOM 320 COMPET 984 CODEC 1903

PROPOSAL

From: Secretary-General of the European Commission, signed by Ms Martine DEPREZ, Director

date of receipt: 1 December 2022

To: Ms Thérèse BLANCHET, Secretary-General of the Council of the

European Union

No. Cion doc.: COM(2022) 677 final i

Subject: ANNEXES to the Proposal for a Regulation of the European Parliament and the Council on packaging and packaging waste, amending

Regulation (EU) 2019/1020 and Directive (EU) 2019/904, and repealing

Directive 94/62/EC i

Delegations will find attached document COM(2022) 677 final i.

Encl.: COM(2022) 677 final i

EUROPEAN COMMISSION

Brussels, 30.11.2022 COM(2022) 677 final i

ANNEXES 1 to 13

ANNEXES

to the

Proposal for a Regulation

of the European Parliament and the Council on packaging and packaging waste, amending Regulation (EU) 2019/1020 and Directive (EU) 2019/904, and repealing

Directive 94/62/EC i

{SEC(2022) 425 final} - {SWD(2022) 384 final} - {SWD(2022) 385 final}

ANNEX I

AN INDICATIVE LIST OF ITEMS IN THE SCOPE OF THE DEFINITION OF

PACKAGING IN ARTICLE 3(1)

Items covered by Article 3(1)(a)

Packaging

Sweet boxes

Film overwrap around a CD case

Mailing pouches for catalogues and magazines (with a magazine inside)

Cake doilies sold with a cake

Rolls, tubes and cylinders around which flexible material (e.g. plastic film, aluminium, paper) is wound, except rolls, tubes and cylinders intended as parts of production machinery and not used to present a product as a sales unit

Flower pots intended to be used only for the selling and transporting of plants and not intended to stay with the plant throughout its life time

Glass bottles for injection solutions

CD spindles (sold with CDs, not intended to be used as storage)

Clothes hangers (sold with a clothing item)

Matchboxes

Sterile barrier systems (pouches, trays and materials necessary to preserve the sterility of the product)

Beverage system capsules (e.g. coffee, cacao, milk)

Refillable steel cylinders used for various kinds of gas, excluding fire extinguishers

Tea and coffee foil pouches

Non-packaging

Flower pots intended to stay with the plant throughout its life time

Tool boxes

Wax layers around cheese

Sausage casing skins

Clothes hangers (sold separately)

Cartridges for printers

CD, DVD and video cases (sold together with a CD, DVD or video inside)

CD spindles (sold empty, intended to be used as storage)

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

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

Items covered by Article 3(1)(b-c)

Packaging

Labels hung directly on or attached to a product including sticky labels attached to fruits and vegetables

Part of packaging

Mascara brush which forms part of the container closure

Sticky labels attached to another packaging item

Staples

Plastic sleeves

Device for measuring dosage, which forms part of the container closure for detergents

Mechanical quern (integrated in a non-refillable recipient, filled with a product, e.g. pepper mill filled with pepper)

Non-packaging

Radio frequency identification (RFID) tags

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

Predominant

Category No packaging Packaging type Format material (illustrative)

Colour

Bottles, jars, flacons,

1 Glass Glass cosmetics pots, tubs etc. made of

glass (soda lime silica)

Composite Bottles, jars,

2 Glass packaging, of flacons, which the cosmetics pots,

majority is glass tubs

Boxes, trays,

3 Paper/cardboard Paper/cardboard packaging grouped

packaging

Including beverage cartons, plates and cups,

Composite i.e., metallised or packaging of plastic laminated

4 Paper/cardboard which the paper/ card, majority is liquid

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

Rigid packaging formats (aerosols,

5 Metal Steel cans, paint tins, boxes, etc.) made

of steel, including tinplate

Composite Drums, tubes, 6 Metal packaging, of cans, boxes,

which the trays, etc.

majority is steel

Rigid formats

7 Metal Aluminium (food and beverage cans,

bottles, aerosols)

Semi rigid or

8 Metal Aluminium flexible formats (containers and

trays, tubes, foil)

Composite packaging of Drums, tubes,

9 Metal which the cans, boxes, majority is trays, etc.

Aluminium

10 Plastic PET - rigid Bottles and flasks Transparent clear/ light blue

11 Plastic PET - rigid Bottles and Transparent other Flasks colours

Rigid packaging other than bottles

12 Plastic PET - rigid and flasks Transparent

(Includes pots, tubs and trays)

13 Plastic PET - flexible Films

14 Plastic HDPE - rigid Containers and Tubes natural /clear

15 Plastic HDPE - rigid Containers and Tubes coloured

16 Plastic PE - flexible Films natural /clear

17 Plastic PE - flexible Films coloured

18 Plastic PP - rigid Containers and Tubes natural /clear

19 Plastic PP - rigid Containers and Tubes coloured

20 Plastic PP - flexible Films natural /clear

21 Plastic PP - flexible Films coloured

22 Plastic HDPE and PP - rigid crates and pallets

Rigid packaging 23 Plastic PS - rigid (except EPS and

XPS)

24 Plastic EPS - rigid Fish boxes/ white goods

25 Plastic XPS - rigid

Other rigid

26 Plastic plastics including. PVC, Rigid

PC - rigid

Other flexible plastics including

27 Plastic multilayer plastic films and multi Pouches

material materials - flexible

Wooden 28 Wood, cork packaging, Pallets, boxes

including cork

Natural and 29 Textile synthetic textile Bags

fibres

Ceramics or

30 porcelain Clay, stone Pots, containers, stoneware bottles

Table 2: Recyclability performance grades

Recyclability Assessment of recyclability per unit, in weight Performance Grade

Grade A higher or equal to 95 %

Grade B higher or equal to 90 %

Grade C higher or equal to 80 %

Grade D higher or equal to 70 %

Grade E lower than 70 %

ANNEX III

COMPOSTABLE PACKAGING

Conditions to be considered when mandating the use of compostable packaging format:

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

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

(c) it is of biodegradable nature allowing the packaging to undergo physical, chemical, thermal or biological decomposition, including anaerobic digestion, resulting ultimately in conversion into carbon dioxide or methane, in the absence of oxygen, mineral salts, biomass and water,

(d) its use significantly increases the collection of organic waste compared to the use of non-compostable packaging materials;

(e) its use significantly reduces the contamination of compost with non-compostable packaging; and

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

ANNEX IV

METHODOLOGY FOR PACKAGING MINIMISATION ASSESSMENT

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 or chemical damage, vibration, compression, humidity, light, oxygen, microbiological infection, pest, deterioration of organoleptic properties etc. and include references to specific legislation setting out requirements on product quality.
  • 2. 
    Packaging manufacturing processes: The packaging design shall be compatible with the packaging manufacturing and filling processes.
  • 3. 
    Logistics: The packaging design shall ensure adequate and safe distribution, transport, handling and warehousing of the packaged product.
  • 4. 
    Information requirements: The packaging design shall ensure that any necessary information regarding the packaged product itself, its use, storage and care, including safety instructions can be provided to users and consumers.
  • 5. 
    Hygiene and safety: the packaging design shall ensure user and consumer safety as well as product safety and hygiene throughout the distribution, end use and disposal.
  • 6. 
    Legal requirements: the packaging design shall ensure that the packaging and packaged product can comply with the applicable legislation.
  • 7. 
    Recycled content, recyclability and re-use: The packaging design shall ensure recyclability and inclusion of recycled content as required under this Regulation. If the packaging is intended for re-use, it shall fulfil the requirements laid down in Article 10(1) of this Regulation.

    PART 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 the technical documentation and shall include at least:

(a) for each performance criterion as listed in Part I, a list of design requirements which prevent further reduction of the packaging weight or volume without endangering the packaging functionality, including safety and hygiene, for the packaged product, packaging and user. The method used for the identification of these design requirements shall be described, and the reasons preventing further reduction of the packaging weight or volume shall be explained. All reduction opportunities with a given packaging material shall be investigated. It shall not be sufficient to substitute one packaging material with another;

(b) the description of the outcome of the assessment, including the details of the calculation of the minimum necessary weight and volume for the packaging. Possible variations between production batches for a same packaging shall be taken into account and documented;

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

ANNEX V

RESTRICTIONS ON USE OF PACKAGING FORMATS

Packaging Illustrative

format Restricted use example

Plastic packaging used at retail level to group Collation goods sold in cans, tins, pots, tubs, and films, shrink

  • 1. 
    Single-use packets designed as convenience packaging wrap plastic grouped to enable or encourage end users to purchase

    packaging more than one product. This excludes grouped packaging necessary to facilitate handling in distribution.

    Single use Nets, bags, plastic trays, packaging, containers

    single use Single use packaging for less than 1.5 kg

  • 2. 
    composite fresh fruit and vegetables, unless there is a

    packaging or demonstrated need to avoid water loss or other single use turgidity loss, microbiological hazards or packaging for physical shocks.

    fresh fruit and vegetables

    Single use packaging for foods and beverages Trays,

    Single use filled and consumed within the premises in disposable plastic, single the HORECA sector, which include all eating plates and

  • 3. 
    use composite area inside and outside a place of business, cups, bags,

    packaging or covered with tables and stools, standing foil, boxes other single use areas, and eating areas offered to the end

    packaging users jointly by several economic operators or third party for the purpose of food and

    drinks consumption

    Single use

    packaging for Single use packaging in the HORECA sector,

Sachets, tubs,

condiments, containing individual portions or servings,

trays, boxes

used for condiments, preserves, sauces,

  • 4. 
    preserves, sauces, coffee coffee creamer, sugar and seasoning, except

    creamer, sugar, such packaging provided together with takeand seasoning away ready-prepared food intended for in HORECA immediate consumption without the need of sector any further preparation

    Shampoo

  • 5. 
    Single use For cosmetics, hygiene and toiletry products

    bottles, hand

    hotel miniature of less than 50 ml for liquid products or less and body

packaging than 100 g for non-liquid products lotion bottles, sachets

around miniature bar soap

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) ‘closed loop system’ shall mean a system for re-use in which reusable packaging is circulated by a system operator or a co-operating group of system participants without the change of the ownership of packaging;

(b) ‘open loop system’ shall mean a system for re-use in which reusable packaging circulates amongst unspecified number of system participants, and the ownership of the packaging changes at one or more points in the re-use process;

(c) ‘system operator’ shall mean any natural or legal person being a system participant, who manages a system for re-use;

(d) ‘system participants’ shall mean any natural or legal person, who participates in the system for re-use and performs at least one of the following actions: collects the packaging either from end users or from other system participants, reconditions it, distributes it among system participants, transports it, fills it with products, packs it, or offers it to end users. System for re-use can comprise one or more participants performing these actions.

Part A

Requirements for systems for re-use

  • 1. 
    General requirements for systems for re-use

The following requirements apply for all systems for re-use and shall be simultaneously satisfied:

(e) The system has a clearly defined governance structure;

(f) the governance structure ensures that the re-use targets and any other objectives of the system can be met;

(g) the governance structure allows for equal access and fair conditions of all economic operators wishing to become a part of the system;

(h) the governance structure allows for equal access and fair conditions for all endusers;

(i) the system has rules defining its functioning, including requirements for packaging use, accepted by all system participants, and which should specify:

(i) types and design of packaging allowed to circulate in the system;

(ii) description of products intended to be used, filled or transported

through the system;

(iii) terms and conditions for proper handling and packaging use;

(iv) detailed requirements for packaging reconditioning; (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 the

collection points or grouped collection system;

(ix) rules to ensure equal and fair access to the reuse system including

vulnerable end-users;

(j) the system operator of the system controls the proper functioning of the system and verifies whether the re-use is properly enabled;

(k) the system has reporting rules, allowing to access data on number of fillings or re-uses, and rejects, collection rate, units of sales or equivalent units;

(l) design of the packaging is laid down in accordance with mutually agreed specifications or standards;

(m) the system ensures a fair distribution of costs and benefits for all system participants.

  • 2. 
    Requirements for closed loop systems

In addition to the general requirements under point 1, the following requirements shall be simultaneously satisfied:

(a) The system has reverse logistics facilitating transfer of the packaging from the users or the end users back to the system participants;

(b) the system ensures the collection, reconditioning and redistribution of packaging;

(c) system participants are obliged to take the packaging back from the collection point if it has been used, collected and stored in accordance with the system rules;

  • 3. 
    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 the

packaging or to pass it to another system participant for re-use;

(b) the system ensures that the collection, reconditioning and redistribution of packaging are in place and are generally available;

(c) reconditioning meeting the requirements under Part B of this Annex is part of the system.

Part B

Reconditioning

  • 1. 
    The reconditioning process shall not create risks to the health and safety of those responsible for doing so and strive to reduce its impact on the environment. It shall be operated in accordance with applicable legislation on contact sensitive materials.
  • 2. 
    Reconditioning shall cover the following operations adapted to the reusable packaging format and its intended use:

    (a) assessment of condition of packaging;

    (b) removal of damaged or non-reusable components;

(c) conveyance of removed components to an appropriate recovery process;

(d) cleaning and washing according to required hygiene conditions;

(e) reparation of packaging;

(f) inspection and assessment of fitness-for-purpose.

  • 3. 
    Where necessary, cleaning and washing processes should be applied at different stages of the reconditioning and repeated.
  • 4. 
    The reconditioned product shall meet health and safety requirements applicable to it.

    Part C

    Requirements for refill

As regard refill stations shall fulfil the following requirements:

(a) contain a clear and precise information on:

(i) hygiene standards that the end user’s container has to meet in order to be allowed to use the refill station;

(ii) information about the end user’s responsibility to maintain the hygiene standards;

(iii) types and features of containers that can be used to purchase products through refill;

(b) contain a weighing device allowing the end user’s container to be weighed;

(c) the price paid by end users should not include the weight of the refill container;

(d) the final distributor to ensure compliance with applicable hygiene standards.

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 45, and ensures and declares on his sole responsibility that the packaging concerned satisfies the requirements of Articles 5 to 10 of this Regulation that apply to them.
  • 2. 
    Technical documentation

The manufacturer shall establish the technical documentation. The documentation shall make it possible to assess the packaging’s conformity with the relevant

requirements, and shall include an adequate analysis and assessment of the risk(s).

The technical documentation shall specify the applicable requirements and cover, as far as relevant for the assessment, the design, manufacture and operation of the packaging. The technical documentation shall contain, wherever applicable, at least

the following elements:

(a) a general description of the packaging and of its intended use,

(b) conceptual design and manufacturing drawings and schemes of components, sub-assemblies, circuits, etc.

(c) descriptions and explanations necessary for the understanding of those drawings and schemes and the operation of the packaging,

(d) a list of:

(i) the harmonised standards, referred to in Article 31, applied in full or in part

(ii) the common technical specifications, referred to in Article 32, applied in

full or in part

(iii) other relevant technical specifications used for measurement or calculation purposes,

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

specifications, an indication of the parts which have been applied,

(iv) in the event of harmonised standards and/or common technical specifications not being applied, a description of the solutions adopted to meet

the requirements referred to in point 1.

(e) qualitative description of how the assessments provided for in Articles 6, 9 and 10 has been carried out, and,

(f) test reports.

  • 3. 
    Manufacturing

The manufacturer shall take all measures necessary, so that the manufacturing process and its monitoring ensure compliance of the manufactured packaging with the technical

documentation referred to in point 2 and with the requirements referred to in point 1.

  • 4. 
    Declaration of conformity

The manufacturer shall draw up a written declaration of conformity for a packaging type and keep it together with the technical documentation at the disposal of the national authorities for 10 years after the packaging has been placed on the market. The

declaration of conformity shall identify the packaging for which it has been drawn up.

A copy of the declaration of conformity shall be made available to the relevant

authorities upon request.

  • 5. 
    Authorised representative

The manufacturer's obligations set out in point 4 may be fulfilled by his authorised representative, on his behalf and under his responsibility, provided that they are

specified in the mandate.

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): description of the packaging.
  • 5. 
    The object of the declaration described in point 4 is in conformity with the relevant Union harmonisation legislation: … (reference to the other Union acts applied).
  • 6. 
    References to the relevant harmonised standards or the common specifications used or references to the other technical specifications in relation to which conformity is declared.
  • 7. 
    The notified body … (name, address, number) … performed … (description of intervention) … and issued the certificate(s): … (details, including its date, and, where appropriate, information on the duration and conditions of its validity).
  • 8. 
    Additional information

    Signed for and on behalf of:

    (place and date of issue):

    (name, function) (signature)

  • * 
    (identification number of the declaration)

ANNEX IX

INFORMATION FOR REGISTRATION AND REPORTING TO THE REGISTER

REFERRED TO IN ARTICLE 39

  • 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 operates in the Member State and address of the producer including postal code and place, street and number, country, telephone, if any, web address and e-mail address, indicating a single contact point;

    (b) national identification code of the producer, including its trade register number or equivalent official registration number and the European or national tax identification number;

    (c) quantities by weight of types of packaging as set out in Table 1 of Annex II, that the producer makes available in the Member State for the first time;

    (d) a declaration on how the producer meets its responsibilities under Article 40.

  • 2. 
    Where a producer responsibility organisation is entrusted to carry out the EPR obligations, the information to be provided shall include the name and contact details, including postal code and place, street and number, country, telephone, web address and e-mail address and the national identification code of the producer responsibility organisation, including the trade register number or an equivalent official registration number and the European or national tax identification number of the producer responsibility organisation, and the represented producer’s mandate, a statement by the producer or, where applicable, producer’s authorised representative for the EPR or the producer responsibility organisation, stating that the information provided is true.
  • 3. 
    In the case of an authorisation in accordance with Article 41(1), the producer responsibility organisation shall, in addition to the information required under point 1 of Part A of this Annex, provide:

    (a) the names and contact details, including postal codes and places, streets and numbers, countries, telephones, web addresses and e-mail addresses of the producers represented;

    (b) the mandate of each represented producer, where applicable;

    (c) where the producer responsibility organisation represents more than one producer, it shall indicate separately how each one of the represented producers meets the responsibilities set out in Article 40.

  • B. 
    Information to be submitted for reporting

    (a) national identification code of the producer;

    (b) reporting period;

    (c) quantities by weight of packaging types as set out in Table 1 in Annex II that

    the producer makes available in the Member State for the first time;

    (d) quantities, by weight, per material of packaging waste separately collected within the Member State as set out in Table 1 in Annex II;

    (e) quantities, by weight, per material and type of packaging waste recycled, recovered and disposed of within the Member State or shipped within or outside the Union as set out in Table 4 in Annex XII;

    (f) quantities, by weight, of separately collected single use plastic beverage bottles with the capacity of up to three litres and single use metal beverage containers with a capacity of up to three litres, as set out in Table 6 of Annex XII;

    (g) arrangements to ensure the producer responsibility regarding the packaging waste placed on the market.

ANNEX X

MINIMUM REQUIREMENTS FOR DEPOSIT AND RETURN SYSTEMS

For the purpose of this Annex, the following definition shall apply:

‘system operator’ means any natural or legal person, who is entrusted with a responsibility to establish or operate a deposit and return system in a Member State.

Minimum general requirements for deposit and return systems

Member States shall ensure that the deposit and return systems established on their territories meet the following minimum requirements:

(a) a single system operator is established or licenced;

(b) the governance of the system allows for equal access and fair conditions of all economic operators wishing to become part of the system, provided they make available on the market packaging that belongs to a packaging type or category included in the system;

(c) control procedures and reporting systems are set up allowing the system operator to obtain data on the collection of packaging covered by the deposit and return system;

(d) a minimum deposit level is established, which is sufficient to achieve the required collection rates;

(e) minimum requirements on the financial capacity of the system operator are

established allowing the system operator to perform its functions;

(f) system operator is a non-profit and independent legal entity;

(g) system operator performs exclusively roles arising from the rules of this Regulation, and any additional roles related to the coordination and operation of the deposit and return system as established by the Member States;

(h) system operator coordinates the functioning of the deposit and return system;

(i) system operator keeps in writing:

(i) a statute establishing its internal organization;

(ii) evidence of its funding system;

(iii) a statement proving the compliance of the system with the requirements laid down in the Regulation, as well as any additional requirements established

in the Member State in which it operates;

(j) at least 1% of the annual turnover of the system operator (excluding deposits) are used for public awareness campaigns on the information on management of packaging waste;

(k) system operators must provide any information requested by the competent authorities of a Member State, in which the system operates, for the purposes of monitoring compliance with the requirements in this Annex;

(l) Member States ensure that final distributors are obligated to accept the deposit bearing packaging and provide end users with redeemed deposits. When implementing this obligation, Member States shall take into account at least the following factors:

(i) sales surface area allowing end users to return deposit bearing packaging in

their local conditions;

(ii) buying and selling habits and traditions;

(iii) food safety;

(iv) health and safety;

(v) public health;

(m) deposit is exempted from sales taxes;

(n) end user is able to return the deposit bearing packaging without the need to

purchase any goods; deposit shall be redeemed to the consumer;

(o) all deposit bearing packaging is clearly labelled, so that the end users can easily identify the need to return such packaging;

(p) fees are transparent;

(q) all packaging covered by the deposit and return system.

In addition to the minimum requirements, Member States may set additional requirements, as appropriate, in order to ensure the fulfilment of the objectives of this Regulation, in particular to increase the purity of the collected packaging waste, reduce litter or promote other circular economy objectives.

Member States with regions with high transboundary business shall ensure that the functioning of the DRS allows for the inter-operability of DRS and that the implementation of the minimum requirements and of any additional requirements does not result in discrimination of business and consumers and market distortions.

Member States are allowed to create exemptions from charging a deposit for a deposit bearing packaging in the context of consumption in hospitality premises provided that a deposit bearing packaging is opened, the product is consumed, and the empty deposit bearing packaging is returned within the premises.

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 the following:

(a) assessment of the past, current and projected rates of recycling, landfilling and other treatment of packaging waste and the streams of which it is composed;

(b) assessment of the implementation of waste management plans and waste prevention programmes in place pursuant to Articles 28 and 29 of Directive 2008/98/EC i;

(c) reasons for which the Member State considers that it might not be able to attain the relevant target laid down in point (b) of Article 46(1) within the deadline set therein and an assessment of the time extension necessary to meet that target;

(d) measures necessary to attain the targets set out in points (b) of Article 46(1) of this Regulation that are applicable to the Member State during the time extension, including appropriate economic instruments and other measures to provide incentives for the application of the waste hierarchy as set out in Article 4(1) of, and Annex IVa to, Directive 2008/98/EC i;

(e) a timetable for the implementation of the measures identified in point 4, determination of the body competent for their implementation and an assessment of their individual contribution to attaining the targets applicable in the event of a time extension;

(f) information on funding for waste management in line with the polluter-pays principle;

(g) measures to improve data quality, as appropriate, with a view to better planning and monitoring performance in waste management.

ANNEX XII

DATA 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) quantities reused (Table 2).

  • 2. 
    For sales, grouped and transport packaging waste:

    (a) Quantities for separately collected packaging waste per material (Table 3)

    (b) Quantities recovered and disposed of, recycled and quantities recovered for each packaging type (Table 4).

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

    (d) Separate collection rate of the packaging formats covered by the deposit return systems, as laid down in Article 44(1) (Table 6)

TABLE 1

Quantity of packaging (sales, grouped and transport) generated within the national territory

Tonnage - Tonnage + Tonnage + Tonnage = Total

produced exported imported stored

Glass

Plastic

Paper/cardboard (including composite)

Ferrous metal

Aluminium

Wood

Other

Total TABLE 2

Quantity of packaging (sales, grouped and transport) reused within the national

territory

Tonnage of

packaging Reusable packaging

Reusable sales packaging

placed on the market for the

first time tonnage Percentage Tonnage Percentage

Glass

Plastic

Paper/cardboard (including

composite packaging)

Ferrous metal (including

tinplate and composite

packaging)

Aluminium

Wood

Other

Total

TABLE 3

Quantity of separately collected packaging waste per material (sales, grouped an transport) generated within the national territory

Packaging material Waste generation (t) From separate collection (t)

Glass

Plastic (rigid and flexible)

Paper/cardboard (including composite)

Metals (Ferrous metal and aluminium)

Wood

Other

Total

TABLE 4

Quantity of packaging waste recovered and disposed of within the national territory

Total Quantity recycled Quantity recovered

tonnage Packaging recovered

and Tonnage Percentage Tonnage Percentage

disposed of

Glass, including composite

Plastic, PET

Plastic, PP

Plastic,

HDPE and

PP

Plastic, PS

Plastic, Rigid

HDPE

Plastic, PVC

Plastic, PC

Plastic, EPS

Plastic, XPS

Plastic, PET

Plastic, PP Flexible

Plastic, PE

Total Quantity recycled Quantity recovered

tonnage Packaging recovered

and Tonnage Percentage Tonnage Percentage

disposed of

Plastic, multilayer

Paper/cardboard (noncomposite)

Composite Paper/cardboard

Ferrous metal (including tinplate and composite

packaging of which the

majority is steel)

Aluminium (including composite packaging of

which the majority is

aluminium

Wood

Textile

Ceramic, porcelain or

stoneware

Other

Total packaging waste

Table 5

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

Plastic carrier bags consumed within the national territory

Number per person Tonnes per person

very lightweight plastic carrier bags

plastic carrier bags with a wall thickness below 15 microns

lightweight plastic carrier bags

plastic carrier bags with a wall thickness below 50 microns

thick plastic carrier bags

plastic carrier bags with a wall thickness between

50 and 99 microns

Table 6

Separate collection rate of packaging formats covered under the deposit return systems, as laid down in Article 44(1)

Tonnes of packaging placed Separately collected within the national on the market for the first time territory by the deposit and return within the national territory (t) scheme (t)

Single use plastic beverage bottles with the capacity of up to 3 litres

Single use metal beverage containers with a capacity of up to

3 litres

ANNEX XIII

CORRELATION TABLE

Directive 94/62/EC i This Regulation

Article 1(1) Article 1(1-2)

Article 1(2) Article 1(3)

Article 2(1) Article 2(1)

Article 2(2) Article 2(2)

Article 3(1), first subparagraph Article 3(1)

Article 3(1), second subparagraph, point (a) Article 3(2)

Article 3(1), second subparagraph, (b) Article 3(3)

Article 3(1), second subparagraph, point (c) Article 3(4)

Article 3(1), third subparagraph, point (i) Article 3(1)(a)

Article 3(1), third subparagraph, point (ii) Article 3(1)(d-e)

Article 3(1), third subparagraph, point (iii) Article 3(1)(b-c)

Article 3(1a) Article 3(43)

Article 3(1b) Article 3(44)

Article 3(1c) Article 3(45)

Article 3(1d) Article 3(46)

Article 3(1e) ---

Article 3(2) Article 3(20)

Article 3(2a) Article 10(1)

Article 3(2b) Article 3(19)

Article 3(2c) Article 3(60) and fourth subparagraph of Article 3

Article 3(11) Article 3(8)

Article 3(12) ---

Article 4(1), first subparagraph Article 38(2)

Directive 94/62/EC i This Regulation

Article 4(1), second subparagraph ---

Article 4(1), third subparagraph Article 38(3)

Article 4(1a), first subparagraph Article 29(1), first subparagraph

Article 4(a1), second subparagraph Article 29(2), second sentence

Article 4(a1), third subparagraph Article 29(2), first sentence

Article 4(1a), fourth subparagraph, point (a) Article 29(1), second subparagraph

Article 4(1a), fourth subparagraph, point (b) Article 29(4)

Article 4(1a), fifth subparagraph Article 50(1), point (b)

Article 4(1a), sixth subparagraph Article 50(7), point (b)

Article 4(1b) Article 29(3)

Article 4(1c) ---

Article 4(2) ---

Article 5(1) Article 45(1)

Article 5(1)(a) Article 45(2), point (a)

Article 5(1)(b) Article 26(1-10)

Article 5(1)(c) Article 45(2), point (b)

Article 5(1)(d) Article 45(2) point (c)

Article 5(2), first subparagraph Article 48(1), first subparagraph

Article 5(2), second subparagraph, point (a) Article 48(1), second subparagraph, point (a)

Article 5(2), second subparagraph, point (b) Article 48(1), second subparagraph, point (b)

Article 5(2), third subparagraph Article 48(1), third subparagraph

Article 5(3) Article 48(2)

Article 5(4) Article 50(7), point (a)

Article 5(5) ---

Article 6(1)(a) ---

Directive 94/62/EC i This Regulation

Article 6(1)(b) ---

Article 6(1)(c) ---

Article 6(1)(d) ---

Article 6(1)(e)(i) ---

Article 6(1)(e)(ii) ---

Article 6(1)(e)(iii) ---

Article 6(1)(e)(iv) ---

Article 6(1)(e)(v) ---

Article 6(1)(f) Article 46(1)(a)

Article 6(1)(g)(i) Article 46(1)(b)(i)

Article 6(1)(g)(ii) Article 46(1)(b)(ii)

Article 6(1)(g)(iii) Article 46(1)(b)(iii)

Article 6(1)(g)(iv) Article 46(1)(b)(iv)

Article 6(1)(g)(v) Article 46(1)(b)(v)

Article 6(1)(g)(vi) Article 46(1)(b)(vi)

Article 6(1)(h) Article 46(1)(c)

Article 6(1)(i)(i) Article 46(1)(d)(i)

Article 6(1)(i)(ii) Article 46(1)(d)(ii)

Article 6(1)(i)(iii) Article 46(1)(d)(iii)

Article 6(1)(i)(iv) Article 46(1)(d)(iv)

Article 6(1)(i)(v) Article 46(1)(d)(v)

Article 6(1)(i)(vi) Article 46(1)(d)(vi)

Article 6(1a)(a) Article 46(2)(a)

Article 6(1a)(b) Article 46(2)(b)

Article 6(1a)(c) Article 46(2)(c)

Directive 94/62/EC i This Regulation

Article 6(1a)(d) Article 46(2)(d)

Article 6(1b) Article 46(3)

Article 6(1c) Article 46(4)

Article 6(4)(a) Article 46(5)(a)

Article 6(4)(b) Article 46(5)(b)

Article 6(6) Article 49(2)

Article 6(7) ---

Article 6(10) Article 46(6)

Article 6(11) ---

Article 6a(1)(a) Article 47(2)

Article 6a(1)(b) Article 47(3)

Article 6a(2) Article 47(6)

Article 6a(2)(a) Article 47(6)(a)

Article 6a(2)(b) Article 47(6)(b)

Article 6a(3) Article 47(7)

Article 6a(4) Article 47(8)

Article 6a(5) Article 47(9)

Article 6a(6) Article 47(10)

Article 6a(7) Article 47(11)

Article 6a(8) Article 47(12)

Article 6a(9) Article 50(7), point (a)

Article 6b Article 36

Article 7(1) Article 43(1) and (2)

Article 7(2) Articles 39-42

Article 7(3) Article 43(3)

Directive 94/62/EC i This Regulation

Article 7(4) Article 43(4)

Article 8(1) Article 11

Article 8(2) Article 11(1)

Article 8(3) Article 11(4)

Article 8a Article 11(1) and (5)

Article 9(1) Articles 5-10

Article 9(2)(a) Article 31

Article 9(2)(b) ---

Article 9(3) ---

Article 9(4) ---

Article 9(5) ---

Article 10 Article 31(2)

Article 11(1) Article 5(2)

Article 11(2) ---

Article 11(3) Article 5(5)

Article 12(1) Article 51(1)

Article 12(2) Article 51(2)

Article 12(3a) Articles 50(1) point (a), 50(3) point (a) and 50(4)

Article 12(3b) Article 50(5) and 50(6)

Article 12(3c) -

Article 12(3d) Article 50(7)

Article 12(4) Article 50(8)

Article 12(6) Article 50(8)

Article 13, first subparagraph Article 49(1)

Article 13, second subparagraph ---

Directive 94/62/EC i This Regulation

Article 14 Article 37

Article 15 Article 29, Article 38, Article 45

Article 16(1) ---

Article 16(2) ---

Article 18 Article 4

Article 19(1) ---

Article 19(2) ---

Article 20 ---

Article 20a(1) ---

Article 20a(2) ---

Article 20a(3) ---

Article 21(1) Article 59(1)

Article 21(2), first subparagraph Article 59(3), first subparagraph

Article 21(2), second subparagraph Article 59(3), second subparagraph

Article 21a(1) Article 58(1)

Article 21a(2) Article 58(2)

Article 21a(3) Article 58(3)

Article 21a(4) Article 58(4)

Article 21a(5) Article 58(5)

Article 21a(6) Article 58(6)

Article 22(1) ---

Article 22(2) ---

Article 22(3) ---

Article 22(3a), first subparagraph ---

Article 22(3a), second subparagraph, point ---

(a)

Directive 94/62/EC i This Regulation

Article 22(3a), second subparagraph, point ---

(b)

Article 22(3a), second subparagraph, point ---

(c)

Article 22(3a), second subparagraph, point ---

(d)

Article 22(3a), second subparagraph, point ---

(e)

Article 22(3a), second subparagraph, point (f) ---

Article 22(4) ---

Article 22(5) ---

Article 23 ---

Article 24 ---

Article 25 ---

Annex I Annex I

Annex II, point 1 Articles 5, 6, 9 and 10 and Annexes II and IV

Annex II, point 2 Article 10 and Annex IV

Annex II, point 3(a) Article 6 and Annex II

Annex II, point 3(b) ---

Annex II, point 3(c) Articles 8 and 3(41) and Annex III

Annex II, point 3(d) Articles 8 and 3(41) and Annex II

Annex III Annex XII

Annex IV Annex XI


3.

Revised versions, corrections and addenda

2 Dec
'22
ANNEXES to the Proposal for a Regulation of the European Parliament and the Council on packaging and packaging waste, amending Regulation (EU) 2019/1020 and Directive (EU) 2019/904, and repealing Directive 94/62/EC

15581/22 ADD 5
2 Dec
'22
ANNEXES to the Proposal for a Regulation of the European Parliament and the Council on packaging and packaging waste, amending Regulation (EU) 2019/1020 and Directive (EU) 2019/904, and repealing Directive 94/62/EC

15581/22 ADD 4
2 Dec
'22
ANNEXES to the Proposal for a Regulation of the European Parliament and the Council on packaging and packaging waste, amending Regulation (EU) 2019/1020 and Directive (EU) 2019/904, and repealing Directive 94/62/EC

15581/22 ADD 3
2 Dec
'22
ANNEXES to the Proposal for a Regulation of the European Parliament and the Council on packaging and packaging waste, amending Regulation (EU) 2019/1020 and Directive (EU) 2019/904, and repealing Directive 94/62/EC

15581/22 ADD 2
2 Dec
'22
ANNEXES to the Proposal for a Regulation of the European Parliament and the Council on packaging and packaging waste, amending Regulation (EU) 2019/1020 and Directive (EU) 2019/904, and repealing Directive 94/62/EC

15581/22 ADD 1
 
 
 

4.

More information

 

5.

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