Opinion of the Advocate General — ECLI:EU:C:2003:454
Date: 2003-09-11
Based on: Treaty establishing the European Economic Community (1957)
Subject matter: Environment;Approximation of laws;Waste
Procedure: Reference for a preliminary ruling
Origin: Austria

Summary of the Judgment 1. Environment – Packaging and packaging waste – Directive 94/62 – Packaging – Definition – Plastic carrier bags – Included (European Parliament and Council Directive 94/62, Art. 3(1)) 2. Environment – Packaging and packaging waste – Directive 94/62 – Producer – Definition (European Parliament and Council Directive 94/62, Art. 3(1) 1. Article 3(1) of Directive 94/62 on packaging and packaging waste must be interpreted as meaning that the plastic carrier bags handed to customers in shops, whether free of charge or not, constitute packaging within the meaning of the directive since those plastic bags are intended to contain the goods purchased by customers and are designed to facilitate the transport of sales units in order to prevent physical handling and transport damage, they meet the two conditions laid down in Article 3(1) of the directive. Their exclusion from the definition of packaging would, first, run counter to a broad interpretation of that term and, second, would be likely to impede the attainment of the aims of the directive, which seeks to prevent and reduce the impact of packaging and packaging waste on the environment of Member States and non-member countries and thus to provide a high level of environmental protection. (see paras 52-53, 55-57, 59, operative part 1) 2. In the context of the first subparagraph of Article 3(1) of Directive 94/62 on packaging and packaging waste ‘producer’ refers to the producer of the goods, not the manufacturer of the packaging products. (see para. 74, operative part 2)