EN   EN 
 
 
 EUROPEAN  
COMMISSION   
Brussels, 30.11.2022  
COM(2022) 677 final  
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      
      
      
      
 
{SEC(2022)  425 final}  - {SWD(2022)  384 final}  - {SWD(2022)  385 final}    
EN 1  EN 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 li fe 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 o f the 
product)  
Beverage system capsules (e.g. coffee, cacao, milk)  
Refillable steel cylinders used for various kinds of gas, excluding fire extinguishers  
Tea and c offee 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)   
EN 2  EN  
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 
EN 3  EN ANNEX II  
 
CATEGORIES AND PARAMETERIS FOR ASSESSMENT OF RECYCLABILITY  
OF PACKAGING  
Table 1: Indicative  list of p ackaging materials, types and  categories  referred to in  
Article 6 
 
Category No  Predominant 
packaging 
material  Packaging type  Format 
(illustrative)  Colour  
1 Glass  Glass  Bottles, jars, 
flacons, 
cosmetics pots, 
tubs etc. made of 
glass (soda lime 
silica)    
2 Glass  Composite 
packaging , of 
which the 
majority is g lass   Bottles, jars, 
flacons, 
cosmetics pots, 
tubs    
3 Paper/cardboard  Paper/cardboard 
packaging  Boxes, trays, 
grouped 
packaging     
4 Paper/cardboard  Composite 
packaging  of 
which the 
majority is 
paper/cardboard  Including 
beverage cartons, 
plates and cups, 
i.e., metallised or 
plastic laminated 
paper/ card, 
liquid 
paperboard, 
paper/cardboard 
with plastic 
liners/ windows    
5 Metal  Steel   Rigid packaging 
formats (aerosols, 
cans, paint tins, 
boxes, etc.) made 
of steel , including  
tinplate    
6 Metal  Composite 
packaging , of 
which the Drums, tubes, 
cans, boxes, 
trays, etc.     
EN 4  EN majority is s teel 
7 Metal  Aluminium  Rigid formats 
(food and 
beverage cans, 
bottles, aerosols)    
8 Metal  Aluminium  Semi rigid or 
flexible formats 
(containers and 
trays, tubes, foil)    
9 Metal  Composite 
packaging  of 
which the 
majority is 
Aluminium  Drums, tubes, 
cans, boxes, 
trays, etc.    
10 Plastic  PET - rigid  Bottles and flasks  Transparent clear/ 
light blue   
11 Plastic  PET - rigid  Bottles and 
Flasks  Transparent other 
colours  
12 Plastic  PET - rigid  Rigid packaging 
other than bottles 
and flasks 
(Includes pots, 
tubs and trays)  Transparent  
13 Plastic  PET - flexible  Films    
14 Plastic  HDPE  - rigid  Containers and 
Tubes  natural /clear  
15 Plastic  HDPE  - rigid  Containers and 
Tubes  coloured   
16 Plastic  PE - flexible  Films  natural /clear  
17 Plastic  PE - flexible Films  coloured   
18 Plastic  PP - rigid  Containers and 
Tubes  natural /clear  
19 Plastic  PP - rigid  Containers and 
Tubes  coloured   
20 Plastic  PP - flexible  Films  natural /clear  
21 Plastic  PP - flexible  Films  coloured    
EN 5  EN 22 Plastic  HDPE and PP  - 
rigid  crates and pallets    
23 Plastic  PS - rigid  Rigid packaging 
(except EPS and 
XPS)     
24 Plastic  EPS - rigid  Fish boxes/ white 
goods    
25 Plastic  XPS - rigid      
26 Plastic  Other rigid 
plastics 
including. PVC, 
PC - rigid  Rigid    
27 Plastic  Other flexible 
plastics including  
multilayer plastic 
films and multi 
material materials 
- flexible  Pouches   
28 Wood, cork  Wooden 
packaging, 
including cork   Pallets, boxes    
29 Textile  Natural and 
synthetic textile 
fibres   Bags    
30 Ceramics or 
porcelain 
stoneware  Clay, stone   Pots, containers, 
bottles   
 
 
 
 
 
   
EN 6  EN  
Table 2: Recyclability performance grades  
 
Recyclability 
Performance Grade  Assessment of recyclability per unit, in weight  
Grade A  higher or equal to 95  %  
Grade B  higher or equal to 90  % 
Grade C  higher or equal to 80 % 
Grade D  higher or equal to 70  % 
Grade E  lower than 70  %  
EN 7  EN 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 wast e stream at the end of its life;  
(c) it is of b iodegradable nature allowing the packaging to undergo physical, chemical, 
thermal or biologica l 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.  
 
  
EN 8  EN 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 shal l 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 car e, 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 requireme nts: 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 requ ired 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 criterio n 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 u sed 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 ;  
EN 9  EN (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).   
 
  
EN 10  EN ANNEX  V 
 
RESTRICT IONS ON USE OF PACKAGING FORMATS  
 
 Packaging 
format  Restricted use  Illustrative 
example  
1.  Single -use 
plastic grouped 
packaging  Plastic p ackaging used at retail level to group 
goods sold in cans, tins, pots, tubs, and 
packets designed as convenience  packaging  
to enable or encourage end users to purchase 
more than one product . This excludes 
grouped packaging necessary to facilitate 
handling in distribution . Collation 
films, shrink 
wrap  
2.  Single use 
plastic 
packaging , 
single use 
composite 
packaging or 
other single use 
packaging  for 
fresh fruit and 
vegetables  Single use packaging for less than 1.5 kg 
fresh fruit and vegetables, unless there is a 
demonstrated need to avoid water loss or 
turgidity loss, microbiological hazards or 
physical shocks .  Nets, b ags, 
trays, 
containe rs 
3.  Single use 
plastic, single 
use composite 
packaging or 
other single use 
packaging  Single use packaging for foods and beverages 
filled and consumed within the premises in 
the HORECA sector, which include all eating 
area inside and outside a place of business, 
covered with tables and stools, standing 
areas, and eating areas offered to the  end 
users jointly by several economic operators 
or third party for the purpose of food and 
drinks consumption   Trays , 
disposable 
plates and 
cups, bags, 
foil, boxes  
4.  Single use 
packaging for 
condiments, 
preserves, 
sauces, coffee 
creamer , sugar, 
and seasoning 
in HORECA 
sector  Single use packaging in the HORECA sector , 
containing individual portions or servings , 
used for condiments, preserves, sauces, 
coffee creamer , sugar and seasoning , except 
such packaging provided together with take-
away ready -prepared food intended for 
immediate consumption without the need of 
any further preparation  Sachets , tubs, 
trays, boxes  
5.  Single use  
hotel miniature  
packaging  For cosmetics , hygiene  and toiletry products 
of less than 50 ml for liquid products or less 
than 100 g for non -liquid products  Shampoo 
bottles, hand 
and body 
lotion bottles, 
sachets 
around  
EN 11  EN miniature bar 
soap  
 
  
EN 12  EN 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 l oop 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 loo p 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 natu ral 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 partici pants, transports it, fills it 
with products, packs it,  or offers it to end users. System  for re -use can 
comprise one  or more  participant s 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 end -
users;  
(i)  the system has rules  defining its functioning, including requirements for 
packaging use, accepted by all system participants , and which  should specify:  
(i) types and design of packaging allowed to circulate in the system ;  
(ii)  description of products  intended to be used, filled or transported 
through the system ; 
(iii)  terms and conditions  for proper handling and  packaging use ; 
(iv)  detailed requirements for packaging reconditioning ;  
EN 13  EN (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  incentiv es 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, t he 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  decide s 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 meetin g the requirements under Part B  of this Annex is part of 
the system.  
 
  
EN 14  EN  
Part B  
Reconditioning  
1. The r econditioning 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 
packagin g 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)  cleani ng 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 differ ent 
stages of the reconditioning and repe ated.    
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 weigh ing 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  ensur e compliance with applica ble hygiene standards.   
EN 15  EN 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 techni cal 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) i n the event of partly applied harmonised standards  and/or common 
specifications , an ind ication 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 Article s 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   
EN 16  EN 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.  
  
EN 17  EN 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 decla ration 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 tech nical 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)  
  
EN 18  EN 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) nation al identif ication 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 infor mation 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, inclu ding 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 addr esses 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. 
   
EN 19  EN  
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 Sta te 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 . 
  
EN 20  EN ANNEX  X 
 
MINIMUM REQUIREMENTS FOR DEPOSIT AND RETURN SYSTEMS  
 
For the purpose of this Annex, the following definition  shall apply:  
‘system o perator ’ means any natural or legal person, who is entrusted with a responsibility t o 
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 proce dures 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 rate s; 
(e)  minimum requirements on the financial capacity  of the system o perator are 
established allowing the system o perator  to perform its functions;  
(f)  system o perator is a non -profit and independent legal entity ; 
(g)  system o perator perform s 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 o perator coordinate s the functioning of the depos it and return system ;  
(i)  system o perator keeps in writing:  
(i) a statute establishing its internal organization ;  
(ii) evidence of its f unding 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 annua l turnover of the system o perator (excluding deposits) 
are used for public awareness campaigns on the  information on management of 
packag ing waste;  
(k)  system o perators 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;   
EN 21  EN (l)  Member States ensure that final distributors are obligated to accept the deposit 
bearing packaging and provide en d 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 exempt ed 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 ide ntify the need to return suc h 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 a dditional 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 c reate ex emption s 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 . 
  
EN 22  EN ANNEX XI  
 
IMPLEMENTATION PLAN TO BE SUBMITTED PURSUANT TO POINT (D) OF 
ARTICLE 46(2)  
The implementation plan to be sub mitted 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 Art icles 28 and 29 of Directive 2008/98/EC;  
(c) reasons for which the Member State considers that it might not be able to attain the 
relevant target laid down in point  (b) of Article 46(1) within the deadline set therein 
and an assessment of the time extension necessary to meet that target;  
(d) measures necessary to attain the targets set out in points (b) of Article 46(1) of this 
Regulation that are applicable to the Member State during the time extension, 
including appropriate economic instruments and other measur es to provide incentives 
for the application of the waste hierarchy as set out in Article 4(1) of, and Annex IVa 
to, Directive 2008/98/EC;  
(e) a timetable for the implementation of the measures identified in point 4, 
determination of the body competent for the ir 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 qualit y, as appropriate, with a view to better planning and 
monitoring performance in waste management.   
EN 23  EN ANNEX  XII 
 
DATA TO BE INCLUDED BY MEMBER STATES IN THEIR DATABASES O N 
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 carri er bags, lightweight 
plastic carrier bags and thick plastic carrier bags per person, separately for each 
category, as laid down in Article 50(1) point (b)  (Table 5)  
(d) Separate collection rate of the packaging formats covered by the deposit return 
systems, as  laid down in Article 44(1) (Table 6)  
 
TABLE 1  
Quantity of packaging (sales, grouped and transport) generated  within the national 
territory  
 Tonnage 
produced  - Tonnage 
exported  + Tonnage 
imported  + Tonnage 
stored  = Total  
Glass       
Plastic       
Paper/cardboard 
(including composite)       
Ferrous metal       
Aluminium       
Wood       
Other       
Total       
  
EN 24  EN  
TABLE 2  
Quantity of packaging ( sales, grouped and transport)  reused within the national 
territory  
 Tonnage of 
packaging 
placed on the 
market for the 
first time  Reusable packaging  Reusable sales 
packaging  
tonnage  Percentage  Tonnage  Percentage  
Glass       
Plastic       
Paper/cardboard 
(including 
composite  
packaging )      
Ferrous metal  
(including 
tinplate and 
composite 
packaging )      
Aluminium       
Wood       
Other       
Total       
 
TABLE 3 
Quantity of separately collected packaging waste per material (sales, grouped an 
transport ) generated  within the national territory  
Packaging material  Waste generation (t)  From separate collection (t)  
Glass    
Plastic  (rigid and flexible)    
Paper/cardboard (including 
composite)    
Metals ( Ferrous metal  and    
EN 25  EN aluminium)  
Wood    
Other    
Total    
 
TABLE  4 
Quantity of packaging waste recovered and disposed of within the national territory  
Packaging  Total 
tonnage 
recovered 
and 
disposed of  Quantity recycled  Quantity recovered  
Tonnage  Percentage  Tonnage  Percentage  
Glass , including 
composite       
Plastic , PET 
Rigid       
Plastic , PP      
Plastic , 
HDPE and 
PP      
Plastic , PS      
Plastic , 
HDPE       
Plastic , PVC       
Plastic , PC      
Plastic , EPS      
Plastic , XPS      
Plastic , PET 
Flexible       
Plastic , PP      
Plastic , PE       
EN 26  EN Packaging  Total 
tonnage 
recovered 
and 
disposed of  Quantity recycled  Quantity recovered  
Tonnage  Percentage  Tonnage  Percentage  
Plastic, 
multilayer       
Paper/cardboard ( non-
composite)       
Composite 
Paper/cardboard       
Ferrous metal  (including 
tinplate and composite 
packaging of which the 
majority is stee l)      
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      
EN 27  EN 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 
on the market for the first time 
within the national territory  (t)  Separately collected within the national 
territory by the deposit and return 
scheme (t)  
Single use plastic 
beverage bottles with 
the capacity of up to 3 
litres      
Single use metal 
beverage containers 
with a capacity of up to 
3 litres      
EN 28  EN ANNEX XIII 
 
CORRELATION TABLE  
Directive 94/62/EC  This Regulation  
Article 1(1)  Article 1(1-2) 
Article 1(2)  Article 1(3) 
Article 2(1)  Article 2 (1)  
Article 2(2)  Article 2(2)  
Article 3(1) , first subparagraph  Article 3(1)  
Article 3(1), second subparagraph, point (a) Article 3(2 ) 
Article 3(1) , second subparagraph,  (b) Article 3(3 )  
Article 3(1) , second subparagraph, point (c) Article 3(4 )  
Article 3(1) , third subparagraph, point (i) Article 3(1)(a)  
Article 3(1) , third subparagraph, point  (ii) Article 3(1)(d -e) 
Article 3(1) , third subparagraph, point  (iii) Article 3(1)(b -c) 
Article 3(1a)  Article 3( 43) 
Article 3(1b)  Article 3(4 4) 
Article 3(1c)  Article 3(4 5) 
Article 3(1d)  Article 3(4 6) 
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)  
EN 29  EN Directive 94/62/EC  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)  ---  
EN 30  EN Directive 94/62/EC  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)   
EN 31  EN Directive 94/62/EC  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)  
EN 32  EN Directive 94/62/EC  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  ---  
EN 33  EN Directive 94/62/EC  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) ---  
EN 34  EN Directive 94/62/EC  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   
EN 35  EN