2001D0171 — EN — 02.03.2001 — 000.001 — 1
This document is meant purely as a documentation tool and the institutions do not assume any liability for its contents
►B COMMISSIONDECISION
of19February2001
establishing the conditions for a derogation for glass packaging in relation to the heavy metal
concentrationlevels establishedinDirective 94/62/EConpackagingandpackagingwaste
(notified under document number C(2001) 398)
(TextwithEEArelevance)
(2001/171/EC)
(OJ L 62, 2.3.2001, p. 20)
Corrected by:
►C1Corrigendum, OJ L 272, 10.10.2002, p. 35 (2001/171/EC)
▼B
COMMISSIONDECISION
of19February2001
establishing the conditions for a derogation for glass packaging in
relation to the heavy metal concentration levels established in
Directive 94/62/EConpackagingandpackagingwaste
(notified under document number C(2001) 398)
(TextwithEEArelevance)
(2001/171/EC)
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to European Parliament and Council Directive 94/62/EC
of 20 December 1994 on packaging and packaging waste(1), and in
particular Article 11(3) thereof,
Whereas:
(1)Directive 94/62/EC provides in Article 11 a gradual reduction of
the concentration of heavy metals in packaging.
(2)Experience of the first years of application of Article 11 has
shown that there is a specific problem in the glass sector, as the
recycled glass is contaminated by glass material containing high
quantities of lead.
(3)The full applications of the level of 100 ppm, which is due toenter into force on 30 June 2001, might have as a consequencethat the use of recycled glass is reduced, in order to comply withArticle 11. This result is environmentally not desirable for thisreason.
(4)The derogation is intended for glass packaging taking account ofits characteristics in relation to emissions of heavy metals andthe importance of further encouraging glass recycling.
(5)The 100 ppm limit is to be concerned by the derogation.
(6)Measurements results from production sites and measurementmethods employed should be made available to the competentauthorities if requested.
(7)The derogation is to expire on 30 June 2006 unless this deadlineis extended in accordance with the procedure laid down inArticle 21 of Directive 94/62/EC.
(8)The measures provided for in this Decision are in accordancewith the opinion of the Committee, established pursuant toArticle 21 of European Parliament and Council Directive 94/62/EC,
HAS ADOPTED THIS DECISION:
Article 1
This Decision, shall apply to glass packaging covered by Directive 94/
62/EC, and aims to establish the conditions under which the concentra-tion levels established in Article 11 of Directive 94/62/EC shall notapply.
Article 2
For the purposes of this Decision:
— the definitions as set out in Article 3 of Directive 94/62/EC shall
apply,2001D0171 — EN — 02.03.2001 — 000.001 — 2
(1) OJ L 365, 31.12.1994, p. 10.
▼B
— ‘intentionally introduced’ shall mean ‘deliberately utilised in the
formulation of a packaging or a packaging component where itscontinued presence is desired in the final packaging or packaging
component to provide a specific characteristic, appearance, or
quality’; the use of recycled materials as feedstock for the manufac-ture of new packaging materials, where some portion of therecycled materials may contain amounts of regulated metals, is notbe considered as intentionally introduced.
Article 3
Glass packaging is allowed to exceed, after the date of 30 June 2001,
the limit of 100 ppm by weight established in Article 11 of Directive
94/62/EC where it complies with all the conditions established in Arti-
cles 4 and 5 of this Decision.
Article 4
No lead, cadmium, mercury or hexavalent chromium shall be intention-
ally introduced during the manufacturing process.
The packaging material may only exceed the concentration limits
because of the addition of recycled materials.
Article 5
►
C1Where the average heavy metals concentration levels ◄on any
twelve consecutive monthly controls made from the production of eachindividual glass furnace, representative of normal and regular produc-tion activity, exceeds the 200 ppm limit ►
C1, the manufacturer or
his authorised representative ◄shall submit a report to the competent
authorities in the Member States. This report shall include as aminimum the following information:
— measures values,
— description of measurement methods employed,— suspected sources for the presence of heavy metals concentration
levels,
— detailed description of the measures taken to reduce the heavy
metals concentration levels.
Where neither the manufacturer nor his authorised representative is
established within the European Union, the obligation to submit areport to the competent authorities shall be with the person who places
the product on the Communtiy market.
Measurement results from production sites and measurement methods
employed shall be made available at any time to the competent autho-rities, if requested.
Article 6
This Decision shall expire on 30 June 2006, unless it is extended, in
particular on the basis of the reports under Article 5 of this Decisionand Article 17 of Directive 94/62/EC, in accordance with the procedurelaid down in Article 21 of Directive 94/62/EC.
Article 7
This Decision is addressed to the Member States.2001D0171 — EN — 02.03.2001 — 000.001 — 3