EN    EN  
 EUROPEAN COMMISSION 
Brussels, XXX 
D013111/02 
[…](2011) XXX draft 
  
COMMISSION DIRECTIVE ../…/EU 
of XXX 
amendin g Annex I to Directive 94/62/EC of the European Parliament and of the Council 
on packaging and packaging waste 
(Text with EEA relevance)  EN 1   EN COMMISSION DIRECTIVE ../…/EU 
of XXX 
amending Annex I to Directive 94/62/EC of the European Parliament and of the Council 
on packaging and packaging waste 
(Text with EEA relevance) 
THE EUROPEAN COMMISSION, 
Having regard to the Treaty on the Functioning of the European Union, Having regard to Directive 94/62/EC of the Eu ropean Parliament and the Council of 20 
December 1994 on packaging and packaging of waste
1, and in particular Ar ticle 3(1) thereof, 
Whereas: (1) Article 3(1) of Directive 94/62/EC define s 'packaging' by setting out a number of 
criteria. The items listed in Annex I to that Directive are illustrative examples of the application of those criteria. 
(2) For reasons of legal certainty and harmonisa tion of the interpretation of the definition 
of 'packaging'', it is necessary to review a nd amend the list of illustrative examples. As 
indicated in Article 3(1) of  Directive 94/62/EC, the followi ng items shall be addressed 
as a priority: CD and video cases, flow er pots, tubes and cylinders around which 
flexible material is wound, release paper of  self-adhesive labels  and wrapping paper. 
(3) The measures provided for in this Directiv e are in accordance with the opinion of the 
Committee established pursuant to Ar ticle 21 of Directive 94/62/EC, 
HAS ADOPTED THIS DIRECTIVE: 
Article 1 
Annex I to Directive 94/62/EC is  replaced by the text set out in the Annex to this Directive. 
Article 2 
1. Member States shall bring into force the laws, regulations and administrative 
provisions necessary to co mply with this Directiv e by 30 September 2013 at the 
latest. They shall forthwith communicate to the Commission the text of those 
provisions. 
                                                
 
1 OJ L 365, 31.12.1994, p. 10. EN 2   EN When Member States adopt those provisions,  they shall contain a reference to this 
Directive or be accompanied by such a reference on the occasion of their official publication. Member States shall determin e how such reference is to be made. 
2. Member States shall communicate to the Commission the text of the main provisions 
of national law which they adopt in the field covered by this Directive. 
Article 3 
This Directive shall enter into force on the tw entieth day following that of its publication in 
the Official Journal of  the European Union . 
Article4 
This Directive is addressed to the Member States. 
Done at Brussels, […] 
 For the Commission 
 On behalf of the President  […]  [Position] EN 3   EN ANNEX  
ANNEX I  
ILLUSTRATIVE EXAMPLES FOR THE CRI TERIA REFERRED TO IN ARTICLE 
3(1) 
Illustrative examples for criterion (i) 
Packaging  
Sweet boxes 
Film overwrap around a CD case Mailing pouches for catalogues and ma gazines (with a magazine inside) 
Cake dollies sold with a cake Rolls, tubes and cylinders around which fl exible material (e.g. plastic film, 
aluminium, paper) is wound, except rolls, t ubes 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 th e 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 a nd materials necessary to preserve the 
sterility of the product) 
Beverage system capsules (e.g. coffee, cacao, milk) which are left empty after use Release paper of self-adhesive labels  Refillable steel cylinders used for various kinds of gas, excluding fire extinguishers 
Non-packaging 
Flower pots intended to stay with the plant throughout its life time 
Tool boxes 
Tea bags Wax layers around cheese EN 4   EN Sausage skins 
Clothes hangers (sold separately) Beverage system coffee capsules, coffee foil pouches, and filter paper coffee pods 
disposed together with the used coffee product 
Cartridges for printers CD, DVD and video cases (sold together  with a CD, DVD or video inside) 
CD spindles (sold empty, intende d to be used as storage) 
Soluble bags for detergents Grave side lights (containers for candles) Mechanical quern (integrated in a refillab le recipient, e.g. refillable pepper mill) 
Illustrative examples for criterion (ii) 
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) Paper baking cases (sold empty) Cake dollies sold without a cake  
Illustrative examples  for criterion (iii) 
Packaging 
Labels hung directly on or  attached to a product 
Part of packaging EN 5   EN 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 identif ication (RFID) tags