1994L0062 — EN — 18.02.2004 — 002.001 — 1
This document is meant purely as a documentation tool and the institutions do not assume any liability for its contents
►B EUROPEAN PARLIAMENT AND COUNCIL DIRECTIVE 94/62/EC
of 20 December 1994
on packaging and packaging waste
(OJ L 365, 31.12.1994, p. 10)
Amended by:
Official Journal
No page date
►M1 Regulation (EC) No 1882/2003 of the European Parliament and of the
Council of 29 September 2003L 284 1 31.10.2003
►M2 Directive 2004/12/EC of the European Parliament and of the Council of
11 February 2004L 47 26 18.2.2004
▼B
EUROPEAN PARLIAMENT AND COUNCIL DIRECTIVE 94/62/
EC
of 20 December 1994
on packaging and packaging waste
THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE
EUROPEAN UNION,
Having regard to the Treaty establishing the European Community, and
in particular Article 100a thereof,
Having regard to the proposal from the Commission (1),
Having regard to the opinion of the Economic and Social
Committee (2),
Acting in accordance with the procedure laid down in Article 189b of
the Treaty (3),
Whereas the differing national measures concerning the management of
packaging and packaging waste should be harmonized in order, on theone hand, to prevent any impact thereof on the environment or toreduce such impact, thus providing a high level of environmentalprotection, and, on the other hand, to ensure the functioning of theinternal market and to avoid obstacles to trade and distortion and
restriction of competition within the Community;
Whereas the best means of preventing the creation of packaging waste
is to reduce the overall volume of packaging;
Whereas it is important, in relation of the objectives of this Directive,
to respect the general principle that measures taken in one Member
State to protect the environment should not adversely affect the abilityof other Member States to achieve the objectives of the Directive;
Whereas the reduction of waste is essential for the sustainable growth
specifically called for by the Treaty on European Union;
Whereas this Directive should cover all types of packaging placed on
the market and all packaging waste; whereas; therefore, Council Direc-tive 85/339/EEC of 27 June 1985 on containers of liquids for humanconsumption (
4) should be repealed;
Whereas packaging has a vital social and economic function and there-
fore measures provided for in this Directive should apply without
prejudice to other relevant legislative requirements affecting qualityand transport of packaging or packaged goods;
Whereas, in line with the Community strategy for waste management
set out in Council resolution of 7 May 1990 on waste policy (
5) and
Council Directive 75/442/EEC of 15 July 1975 on waste (6), the
management of packaging and packaging waste should include as afirst priority, prevention of packaging waste and, as additional funda-mental principles, reuse of packaging, recycling and other forms ofrecovering packaging waste and, hence, reduction of the final disposal
of such waste;1994L0062 — EN — 18.02.2004 — 002.001 — 2
(1) OJ No C 263, 12. 10. 1992, p. 1 and OJ No C 285, 21. 10. 1993, p. 1.
(2) OJ No C 129, 10. 5. 1993, p. 18.
(3) Opinion of the European Parliament of 23 June 1993 (OJ No C 194, 19. 7.
1993, p. 177), common position of the Council of 4 March 1994 (OJ No C
137, 19. 5. 1994, p. 65) and Decision of the European Parliament of 4 May
1994 (OJ No C 205, 25. 7. 1994, p. 163). Confirmed on 2 December 1993
(OJ No C 342, 20. 12. 1993, p. 15). Joint text of the Conciliation Committee
of 8 November 1994.
(4) OJ No L 176, 6. 7. 1985, p. 18. Directive as amended by Directive 91/629/
EEC (OJ No L 377, 31. 12. 1991, p. 48).
(5) OJ No C 122, 18. 5. 1990, p. 2.
(6) OJ No L 194, 25. 7. 1975, p. 39. Directive as last amended by Directive 91/
156/EEC (OJ No L 78, 26. 3. 1991, p. 32).
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Whereas, until scientific and technological progress is made with
regard to recovery processes, reuse and recycling should be consideredpreferable in terms of environmental impact; whereas this requires the
setting up in the Member States of systems guaranteeing the return of
used packaging and/or packaging waste; whereas life-cycle assessmentsshould be completed as soon as possible to justify a clear hierarchybetween reusable, recyclable and recoverable packaging;
Whereas prevention of packaging waste shall be carried out through
appropriate measures, including initiatives taken within the MemberStates in accordance with the objectives of this Directive;
Whereas Member States may encourage, in accordance with the Treaty,
reuse systems of packaging which can be reused in an environmentallysound manner, in order to take advantage of the contribution of suchsystems to environmental protection;
Whereas from an environmental point of view recycling should be
regarded as an important part of recovery with a particular view toreducing the consumption of energy and of primary raw materials and
the final disposal of waste;
Whereas energy recovery is one effective means of packaging waste
recovery;
Whereas targets set in Member States for the recovery and recycling of
packaging waste should be confined within certain ranges so as to takeaccount of the different situations in Member States and to avoid
creating barriers to trade and distortion of competition;
Whereas, in order to achieve results in the medium term and to give
economic operators, consumers and public authorities the necessary
perspective for the longer term, a medium-term deadline should be set
for attaining the aforementioned targets and a long-term deadline setfor targets to be determined at a later stage with a view to substantiallyincreasing those targets;
Whereas the European Parliament and the Council should, on the basis
of reports by the Commission, examine the practical experience gainedin Member States in working towards the aforementioned targets andthe findings of scientific research and evaluation techniques such aseco-balances;
Whereas Member States which have, or will set, programmes going
beyond such target ranges should be permitted to pursue those targetsin the interest of a high level of environmental protection on condition
shat such measures avoid disturbances on the internal market and do
not prevent other Member States from complying with this Directive;whereas the Commission should confirm such measures after appro-priate verification;
Whereas, on the other hand, certain Member States may be allowed to
adopt lower targets because of the specific circumstances in thoseMember States, on condition that they achieve a minimum target forrecovery within the standard deadline, and the standard targets by a
later deadline;
Whereas the management of packaging and packaging waste requires
the Member States to set up return, collection and recovery systems;
whereas such systems should be open to the participation of all inter-
ested parties and be designed to avoid discrimination against importedproducts and barriers to trade or distortions of competition and to guar-antee the maximum possible return of packaging and packaging waste,in accordance with the Treaty;
Whereas the issue of Community marking of packaging requires further
study, but should be decided by the Community in the near future;
Whereas, in order to minimize the impact of packaging and packaging
waste on the environment and to avoid barriers to trade and distortionof competition, it is also necessary to define the essential requirementsgoverning the composition and the reusable and recoverable (includingrecyclable) nature of packaging;1994L0062 — EN — 18.02.2004 — 002.001 — 3
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Whereas the presence of noxious metals and other substances in packa-
ging should be limited in view of their environmental impact (inparticular in the light of their likely presence in emissions or ash
when packaging is incinerated, or in leachate when packaging is land-
filled); whereas it is essential, as a first step towards reducing thetoxicity of packaging waste, to prevent the addition of noxious heavymetals to packaging and ensure that such substances are not releasedinto the environment, with appropriate exemptions which should be
determined by the Commission in specific cases under a Committee
procedure;
Whereas, if a high level of recycling is to be attained and health and
safety problems are to be avoided by those employed to collect and
process packaging waste, it is essential for such waste to be sorted atsource;
Whereas the requirements for the manufacturing of packaging should
not apply to packaging used for a given product before the date ofentry into force of this Directive; whereas a transition period for themarketing of packaging is also required;
Whereas the timing of the provision on the placing on the market of
packaging which meets all essential requirements should take accountof the fact that European standards are being prepared by the compe-
tent standardization body; whereas, however, the provisions on means
of proof of conformity of national standards should apply withoutdelay;
Whereas the preparation of European standards for essential require-
ments and other related issues should be promoted;
Whereas the measures provided for in this Directive imply the develop-
ment of recovery and recycling capacities and market outlets forrecycled packaging materials;
Whereas the inclusion of recycled material in packaging should not
contradict relevant provisions on hygiene, health and consumer safety;
Whereas Community-wide data on packaging and packaging waste are
needed in order to monitor the implementation of the objectives of thisDirective;
Whereas it is essential that all those involved in the production, use,
import and distribution of packaging and packaged products becomemore aware of the extent to which packaging becomes waste, and thatin accordance with the polluter-pays principle they accept responsi-bility for such waste; whereas the development and implementation of
the measures provided for in this Directive should involve and require
the close cooperation of all the partners, where appropriate, within aspirit of shared responsibility;
Whereas consumers play a key role in the management of packaging
and packaging waste and thus have to be adequately informed in orderto adapt their behaviour and attitudes;
Whereas the inclusion of a specific chapter on the management of
packaging and packaging waste in the waste management plansrequired pursuant to Directive 75/442/EEC will contribute to the effec-tive implementation of this Directive;
Whereas, in order to facilitate the achievement of the objectives of this
Directive, it may be appropriate for the Community and the MemberStates to use economic instruments in accordance with the provisions
of the Treaty, so as to avoid new forms of protectionism;
Whereas Member States should, without prejudice to Council Directive
83/189/EEC of 28 March 1983 laying down a procedure for the provi-
sion of information in the field of technical standards andregulations (
1), notify the Commission of drafts of any measures they1994L0062 — EN — 18.02.2004 — 002.001 — 4
(1) OJ No L 109, 26. 4. 1983, p. 8. Directive as last amended by Directive 92/
400/EEC (OJ No L 221, 6. 8. 1992, p. 55).
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intend to adopt before adopting them, so that it can be established
whether or not they comply with the Directive;
Whereas the adaptation to scientific and technical progress of the
packaging identification system and the formats relating to a databasesystem should be ensured by the Commission under a committee
procedure;
Whereas it is necessary to provide for specific measures to be taken to
deal with any difficulties encountered in the implementation of this
Directive in accordance, where appropriate, with the same committeeprocedure,
HAVE ADOPTED THIS DIRECTIVE:
Article 1
Objectives
1. This Directive aims to harmonize national measures concerning
the management of packaging and packaging waste in order, on theone hand, to prevent any impact thereof on the environment of allMember States as well as of third countries or to reduce such impact,
thus providing a high level of environmental protection, and, on the
other hand, to ensure the functioning of the internal market and toavoid obstacles to trade and distortion and restriction of competitionwithin the Community.
2. To this end this Directive lays down measures aimed, as a first
priority, at preventing the production of packaging waste and, as addi-tional fundamental principles, at reusing packaging, at recycling andother forms of recovering packaging waste and, hence, at reducing the
final disposal of such waste.
Article 2
Scope
1. This Directive covers all packaging placed on the market in the
Community and all packaging waste, whether it is used or released atindustrial, commercial, office, shop, service, household or any otherlevel, regardless of the material used.
2. This Directive shall apply without prejudice to existing quality
requirements for packaging such as those regarding safety, the protec-
tion of health and the hygiene of the packed products or to existing
transport requirements or to the provisions of Council Directive 91/689/EEC of 12 December 1991 on hazardous waste (
1).
Article 3
Definitions
For the purposes of this Directive:
1. ‘packaging’ shall mean all products made of any materials of any
nature to be used for the containment, protection, handling,delivery and presentation of goods, from raw materials toprocessed goods, from the producer to the user or the consumer.
‘Non-returnable’ items used for the same purposes shall also be
considered to constitute packaging.
‘Packaging’ consists only of:
(a) sales packaging or primary packaging, i. e. packaging
conceived so as to constitute a sales unit to the final user orconsumer at the point of purchase;
(b) grouped packaging or secondary packaging, i. e. packaging
conceived so as to constitute at the point of purchase a1994L0062 — EN — 18.02.2004 — 002.001 — 5
(1) OJ No L 377, 31. 12. 1991, p. 20.
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grouping of a certain number of sales units whether the latter is
sold as such to the final user or consumer or whether it servesonly as a means to replenish the shelves at the point of sale; it
can be removed from the product without affecting its charac-
teristics;
(c) transport packaging or tertiary packaging, i. e. packaging
conceived so as to facilitate handling and transport of a number
of sales units or grouped packagings in order to preventphysical handling and transport damage. Transport packagingdoes not include road, rail, ship and air containers.
The definition of ‘packaging’ shall be further based on the criteria
set out below. The items listed in Annex I are illustrative examplesof the application of these criteria.
(i) Items shall be considered to be packaging if they fulfil the
abovementioned definition without prejudice to other func-tions which the packaging might also perform, unless theitem is an integral part of a product and it is necessary tocontain, support or preserve that product throughout its life-
time and all elements are intended to be used, consumed or
disposed of together.
(ii) Items designed and intended to be filled at the point of sale
and ‘disposable’ items sold, filled or designed and intendedto be filled at the point of sale shall be considered to bepackaging provided they fulfil a packaging function.
(iii) Packaging components and ancillary elements integrated into
packaging shall be considered to be part of the packaging
into which they are integrated. Ancillary elements hung
directly on, or attached to, a product and which perform apackaging function shall be considered to be packaging unlessthey are an integral part of this product and all elements areintended to be consumed or disposed of together.
The Commission shall, as appropriate, in accordance with the
procedure referred to in Article 21, examine and, where necessary,review the illustrative examples for the definition of packaginggiven in Annex I. As a priority, the following items shall beaddressed: CD and video cases, flower pots, tubes and cylinders
around which flexible material is wound, release paper of self-
adhesive labels and wrapping paper;
2. ‘packaging waste’ shall mean any packaging or packaging material
covered by the definition of waste in Directive 75/442/EEC,excluding production residues;
3. ‘packaging waste management’ shall mean the management of
waste as defined in Directive 75/442/EEC;
4. ‘prevention’ shall mean the reduction of the quantity and of the
harmfulness for the environment of:
— materials and substances contained in packaging and packaging
waste,
— packaging and packaging waste at production process level and
at the marketing, distribution, utilization and elimination stages,
in particular by developing ‘clean’ products and technology;
5. ‘reuse’ shall mean any operation by which packaging, which has
been conceived and designed to accomplish within its life cycle aminimum number of trips or rotations, is refilled or used for thesame purpose for which it was conceived, with or without thesupport of auxiliary products present on the market enabling the
packaging to be refilled; such reused packaging will become
packaging waste when no longer subject to reuse;
6. ‘recovery’ shall mean any of the applicable operations provided for
in Annex II.B to Directive 75/442/EEC;1994L0062 — EN — 18.02.2004 — 002.001 — 6
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7. ‘recycling’ shall mean the reprocessing in a production process of
the waste materials for the original purpose or for other purposesincluding organic recycling but excluding energy recovery;
8. ‘energy recovery’ shall mean the use of combustible packaging
waste as a means to generate energy through direct incinerationwith or without other waste but with recovery of the heat;
9. ‘organic recycling’ shall mean the aerobic (composting) or anae-
robic (biomethanization) treatment, under controlled conditionsand using micro-organisms, of the biodegradable parts of packa-ging waste, which produces stabilized organic residues ormethane. Landfill shall not be considered a form of organic recy-
cling;
10. ‘disposal’ shall mean any of the applicable operations provided for
in Annex II.A to Directive 75/442/EEC;
11. ‘economic operators’ in relation to packaging shall mean suppliers
of packaging materials, packaging producers and converters, fillersand users, importers, traders and distributors, authorities and statu-tory organizations;
12. ‘voluntary agreement’ shall mean the formal agreement concluded
between the competent public authorities of the Member State and
the economic sectors concerned, which has to be open to all part-ners who wish to meet the conditions of the agreement with a viewto working towards the objectives of this Directive.
Article 4
Prevention
1. Member States shall ensure that, in addition to the measures to
prevent the formation of packaging waste taken in accordance with
Article 9, other preventive measures are implemented.
Such other measures may consist of national programmes, projects to
introduce producer responsibility to minimise the environmental impactof packaging or similar actions adopted, if appropriate in consultationwith economic operators, and designed to bring together and takeadvantage of the many initiatives taken within Member States asregards prevention. They shall comply with the objectives of this
Directive as defined in Article 1(1).
2. The Commission shall help to promote prevention by encouraging
the development of suitable European standards, in accordance withArticle 10. The standards shall aim to minimise the environmentalimpact of packaging in accordance with Articles 9 and 10.
3. The Commission shall, as appropriate, present proposals for
measures to strengthen and complement the enforcement of the essen-
tial requirements and to ensure that new packaging is put on the market
only if the producer has taken all necessary measures to minimise itsenvironmental impact without compromising the essential functions ofthe packaging.
Article 5
Member States may encourage reuse systems of packaging, which can
be reused in an environmentally sound manner, in conformity with theTreaty.1994L0062 — EN — 18.02.2004 — 002.001 — 7
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Article 6
Recovery and recycling
1. In order to comply with the objectives of this Directive, Member
States shall take the necessary measures to attain the following targets
covering the whole of their territory:
(a) no later than 30 June 2001 between 50 % as a minimum and 65 %
as a maximum by weight of packaging waste will be recovered orincinerated at waste incineration plants with energy recovery;
(b) no later than 31 December 2008 60 % as a minimum by weight of
packaging waste will be recovered or incinerated at waste incinera-
tion plants with energy recovery;
(c) no later than 30 June 2001 between 25 % as a minimum and 45 %
as a maximum by weight of the totality of packaging materials
contained in packaging waste will be recycled with a minimum of
15 % by weight for each packaging material;
(d) no later than 31 December 2008 between 55 % as a minimum and
80 % as a maximum by weight of packaging waste will be
recycled;
(e) no later than 31 December 2008 the following minimum recycling
targets for materials contained in packaging waste will be attained:
(i) 60 % by weight for glass;
(ii) 60 % by weight for paper and board;
(iii) 50 % by weight for metals;
(iv) 22,5 % by weight for plastics, counting exclusively material
that is recycled back into plastics;
(v) 15 % by weight for wood.
2. Packaging waste exported out of the Community in accordance
with Council Regulations (EEC) No 259/93 (
1), (EC) No 1420/1999 (2)
and Commission Regulation (EC) No 1547/1999 (3), shall only count
for the achievement of the obligations and targets of paragraph 1 if
there is sound evidence that the recovery and/or recycling operationtook place under conditions that are broadly equivalent to thoseprescribed by the Community legislation on the matter.
3. Member States shall, where appropriate, encourage energy
recovery, where it is preferable to material-recycling for environmental
and cost-benefit reasons. This could be done by considering a sufficient
margin between national recycling and recovery targets.
4. Member States shall, where appropriate, encourage the use of
materials obtained from recycled packaging waste for the manufac-turing of packaging and other products by:
(a) improving market conditions for such materials;
(b) reviewing existing regulations preventing the use of those mate-
rials.
5. Not later than 31 December 2007, the European Parliament and
the Council shall, acting by qualified majority and on a proposal fromthe Commission, fix targets for the third five-year phase 2009 until2014, based on the practical experience gained in the Member States
in pursuit of the targets laid down in paragraph 1 and the findings of
scientific research and evaluation techniques such as life-cycle assess-ments and cost-benefit analysis.
This process shall be repeated every five years.1994L0062 — EN — 18.02.2004 — 002.001 — 8
(1) OJ L 30, 6.2.1993, p. 1. Regulation as last amended by Commission Regu-
lation (EC) No 2557/2001 (OJ L 349, 31.12.2001, p. 1).
(2) OJ L 166, 1.7.1999, p. 6. Regulation as last amended by Commission Regu-
lation (EC) No 2118/2003 (OJ L 318, 3.12.2003, p. 5).
(3) OJ L 185, 17.7.1999, p. 1. Regulation as last amended by Regulation (EC)
No 2118/2003.
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6. The measures and targets referred to in paragraph 1 shall be
published by the Member States and shall be the subject of an informa-tion campaign for the general public and economic operators.
7. Greece, Ireland and Portugal may, because of their specific situa-
tions, namely respectively the large number of small islands, the
presence of rural and mountain areas and the current low level ofpackaging consumption, decide to:
(a) attain, no later than 30 June 2001, lower targets than those fixed in
paragraphs 1(a) and (c), but shall at least attain 25 % for recoveryor incineration at waste incineration plants with energy recovery;
(b) postpone at the same time the attainment of the targets in para-
graphs 1(a) and (c) to a later deadline which shall not, however,
be later than 31 December 2005;
(c) postpone the attainment of the targets referred to in paragraphs
1(b), (d) and (e) until a date of their own choice which shall notbe later than 31 December 2011.
8. The Commission shall, as soon as possible and no later than 30
June 2005, present a report to the European Parliament and the Council
on the progress of the implementation of this Directive and its impact
on the environment, as well as on the functioning of the internalmarket. The report shall take into account individual circumstances ineach Member State. It shall cover the following:
(a) an evaluation of the effectiveness, implementation and enforcement
of the essential requirements;
(b) additional prevention measures to reduce the environmental impact
of packaging as far as possible without compromising its essential
functions;
(c) the possible development of a packaging environment indicator to
render packaging waste prevention simpler and more effective;
(d) packaging waste prevention plans;
(e) encouragement of reuse and, in particular, comparison of the costs
and benefits of reuse and those of recycling;
(f) producer responsibility including its financial aspects;
(g) efforts to reduce further and, if appropriate, ultimately phase out
heavy metals and other hazardous substances in packaging by
2010.
This report shall, as appropriate, be accompanied by proposals for revi-
sion of the related provisions of this Directive, unless such proposals
have, by that time, been presented.
9. The report shall address the issues in paragraph 8 as well as other
relevant issues in the framework of the different elements of the SixthEnvironmental Action Programme, in particular the thematic strategyon recycling and the thematic strategy on the sustainable use ofresources.
The Commission and the Member States shall, as appropriate, encou-
rage studies and pilot projects concerning points 8(b), (c), (d), (e) and
(f) and other prevention instruments.
10. Member States which have, or will, set programmes going
beyond the maximum targets of paragraph 1 and which provide to this
effect appropriate capacities for recycling and recovery shall bepermitted to pursue those targets in the interest of a high level of envir-onmental protection, on condition that these measures avoid distortionsof the internal market and do not hinder compliance by other Member
States with this Directive. Member States shall inform the Commission
of such measures. The Commission shall confirm these measures, afterhaving verified, in cooperation with the Member States, that they areconsistent with the abovementioned considerations and do not consti-tute an arbitrary means of discrimination or a disguised restriction ontrade between Member States.1994L0062 — EN — 18.02.2004 — 002.001 — 9
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Article 7
Return, collection and recovery systems
1. Member States shall take the necessary measures to ensure that
systems are set up to provide for:
(a) the return and/or collection of used packaging and/or packaging
waste from the consumer, other final user, or from the waste streamin order to channel it to the most appropriate waste management
alternatives;
(b) the reuse or recovery including recycling of the packaging and/or
packaging waste collected,
in order to meet the objectives laid down in this Directive.
These systems shall be open to the participation of the economic opera-
tors of the sectors concerned and to the participation of the competentpublic authorities. They shall also apply to imported products under
non-discriminatory conditions, including the detailed arrangements and
any tariffs imposed for access to the systems, and shall be designed soas to avoid barriers to trade or distortions of competition in conformitywith the Treaty.
2. The measures referred to in paragraph 1 shall form part of a
policy covering all packaging and packaging waste and shall take into
account, in particular, requirements regarding the protection of environ-mental and consumer health, safety and hygiene; the protection of thequality,the authenticity and the technical characteristics of the packedgoods and materials used; and the protection of industrial and commer-cial property rights.
Article 8
Marking and identification system
1. The Council shall, in accordance with the conditions laid down in
the Treaty, decide no later than two years after the entry into force ofthis Directive on the marking of packaging.
2. To facilitate collection, reuse and recovery including recycling,
packaging shall indicate for the purposes of its identification and clas-sification by the industry concerned the nature of the packaging
material(s) used on the basis of Commission Decision 97/129/EC (
1).
3. Packaging shall bear the appropriate marking either on the packa-
ging itself or on the label. It shall be clearly visible and easily legible.
The marking shall be appropriately durable and lasting, including when
the packaging is opened.
Article 9
Essential requirements
1. Member States shall ensure that three years from the date of the
entry into force of this Directive, packaging may be placed on the
market only if it complies with all essential requirements defined bythis Directive including Annex II.
2. Member States shall, from the date set out in Article 22 (1),
presume compliance with all essential requirements set out in this
Directive including Annex II in the case of packaging which complies:
(a) with the relevant harmonized standards, the reference numbers of
which have been published in the Official Journal of the European
Communities . Member States shall publish the reference numbers
of national standards transposing these harmonized standards;1994L0062 — EN — 18.02.2004 — 002.001 — 10
(1) OJ L 50, 20.2.1997, p. 28.▼M2
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(b) with the relevant national standards referred to in paragraph 3 in so
far as, in the areas covered by such standards, no harmonized stan-dards exist.
3. Member States shall communicate to the Commission the text of
their national standards, as referred to in paragraph 2 (b), which theydeem to comply with the requirements referred to in this Article. The
Commission shall forward such texts forthwith to the other Member
States.
Member States shall publish the references of these standards. The
Commission shall ensure that they are published in the Official Journal
of the European Communities .
4. Where a Member State or the Commission considers that the
standards referred to in paragraph 2 do not entirely meet the essentialrequirements referred to in paragraph 1, the Commission or the
Member State concerned shall bring the matter before the Committee
set up by Directive 83/189/EEC giving the reasons therefor. ThisCommittee shall deliver an opinion without delay.
In the light of the Committee's opinion, the Commission shall inform
Member States whether or not it is necessary to withdraw those stan-
dards from the publications referred to in paragraphs 2 and 3.
Article 10
Standardization
The Commission shall promote, as appropriate, the preparation of
European standards relating to the essential requirements referred to inAnnex II.
The Commission shall promote, in particular, the preparation of
European standards relating to:
— criteria and methodologies for life-cycle analysis of packaging,
— the methods for measuring and verifying the presence of heavy
metals and other dangerous substances in the packaging and their
release into the environment from packaging and packaging waste,
— criteria for a minimum content of recycled material in packaging
for appropriate types of packaging,
— criteria for recycling methods,
— criteria for composting methods and produced compost,
— criteria for the marking of packaging.
Article 11
Concentration levels of heavy metals present in packaging
1. Member States shall ensure that the sum of concentration levels
of lead, cadmium, mercury and hexavalent chromium present in packa-
ging or packaging components shall not exceed the following:
— 600 ppm by weight two years after the date referred to in Article 22
(i);
— 250 ppm by weight three years after the date referred to in Article
22 (i);
— 100 ppm by weight five years after the date referred to in Article 22
(i).
2. The concentration levels referred to in paragraph 1 shall not apply
to packaging entirely made of lead crystal glass as defined in Directive69/493/EEC (
1).1994L0062 — EN — 18.02.2004 — 002.001 — 11
(1) OJ No L 326, 29. 12. 1969, p. 36.
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3. The Commission shall, in accordance with the procedure laid
down in Article 21, determine:
— the conditions under which the above concentration levels will not
apply to recycled materials and to product loops which are in a
closed and controlled chain,
— the types of packaging which are exempted from the requirement
referred to in paragraph 1, third indent.
Article 12
Information systems
1. Member States shall take the necessary measures to ensure that
databases on packaging and packaging waste are established, where
not already in place, on a harmonized basis in order to contribute to
enabling Member States and the Commission to monitor the implemen-tation of the objectives set out in this Directive.
2. To this effect, the databases shall provide in particular informa-
tion on the magnitude, characteristics and evolution of the packagingand packaging waste flows (including information on the toxicity ordanger of packaging materials and components used for their manufac-ture) at the level of individual Member States.
3. In order to harmonize the characteristics and presentation of the
data produced and to make the data of the Member States compatible,Member States shall provide the Commission with their available data
by means of formats which shall be adopted by the Commission one
year from the date of entry into force of this Directive on the basis ofAnnex III, in accordance with the procedure laid down in Article 21.
4. Member States shall take into account the particular problems of
small and medium-sized enterprises in providing detailed data.
5. The data obtained shall be made available with the national
reports referred to in Article 17 and shall be updated in subsequentreports.
6. Member States shall require all economic operators involved to
provide competent authorities with reliable data on their sector asrequired in this Article.
Article 13
Information for users of packaging
Member States shall take measures, within two years of the date
referred to in Article 22 (1), to ensure that users of packaging,including in particular consumers, obtain the necessary informationabout:
— the return, collection and recovery systems available to them,
— their role in contributing to reuse, recovery and recycling of packa-
ging and packaging waste,
— the meaning of markings on packaging existing on the market,
— the appropriate elements of the management plans for packaging
and packaging waste as referred to in Article 14.
Member States shall also promote consumer information and awareness
campaigns.
Article 14
Management Plans
In pursuance of the objectives and measures referred to in this Direc-
tive, Member States shall include in the waste management plansrequired pursuant to Article 17 of Directive 75/442/EEC, a specificchapter on the management of packaging and packaging waste,including measures taken pursuant to Articles 4 and 5.1994L0062 — EN — 18.02.2004 — 002.001 — 12
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Article 15
Economic instruments
Acting on the basis of the relevant provisions of the Treaty, the
Council adopts economic instruments to promote the implementation
of the objectives set by this Directive. In the absence of such measures,the Member States may, in accordance with the principles governingCommunity environmental policy, inter alia, the polluter-pays prin-
ciple, and the obligations arising out of the Treaty, adopt measures toimplement those objectives.
Article 16
Notification
1. Without prejudice to Directive 83/189/EEC, before adopting such
measures, Member States shall notify the drafts of measures which theyintend to adopt within the framework of this Directive to the Commis-sion, excluding measures of a fiscal nature, but including technicalspecifications linked to fiscal measures which encourage compliancewith such technical specifications, in order to permit the latter to
examine them in the light of existing provisions following in each
case the procedure under the above Directive.
2. If the proposed measure is also a technical matter within the
meaning of Directive 83/189/EEC, the Member State concerned mayindicate, when following the notification procedures referred to in thisDirective, that the notification is equally valid for Directive 83/189/
EEC.
Article 17
Obligation to report
Member States shall report to the Commission on the application of
this Directive in accordance with Article 5 of Council Directive 91/692/EEC of 23 December 1991 standardizing and rationalizing reportson the implementation of certain Directives relating to the environ-
ment (
1). The first report shall cover the period 1995 to 1997.
Article 18
Freedom to place on the market
Member States shall not impede the placing on the market of their
territory of packaging which satisfies the provisions of this Directive.
Article 19
Adaptation to scientific and technical progress
The amendments necessary for adapting to scientific and technical
progress the identification system (as referred to in Article 8(2) and
Article 10, second subparagraph, last indent), the formats relating to
the database system (as referred to in Article 12(3) and Annex III) aswell as the illustrative examples on the definition of packaging (asreferred to in Annex I) shall be adopted in accordance with the proce-dure referred to in Article 21(2).
Article 20
Specific measures
1. The Commission, in accordance with the procedure referred to in
Article 21, shall determine the technical measures necessary to dealwith any difficulties encountered in applying the provisions of this1994L0062 — EN — 18.02.2004 — 002.001 — 13
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Directive in particular to inert packaging materials, put on the market
in very small quantities (i.e. approximately 0,1 % by weight) in theEuropean Union, primary packaging for medical devices and pharma-
ceutical products, small packaging and luxury packaging.
2. The Commission shall also present a report to the European
Parliament and the Council on any other measure to be taken, if appro-priate accompanied by a proposal.
Article 21
Committee procedure
1. The Commission shall be assisted by a committee.
2. Where reference is made to this paragraph, Articles 5 and 7 of
Decision 1999/468/EC (
1) shall apply, having regard to the provisions
of Article 8 thereof.
The period laid down in Article 5(6) of Decision 1999/468/EC shall be
set at three months.
3. The Committee shall adopt its rules of procedure.
Article 22
Implementation in national law
1. Member States shall bring into force the laws, regulations and
administrative provisions necessary to comply with this Directivebefore 30 June 1996. They shall immediately inform the Commissionthereof.
2. When Member States adopt these measures, they shall contain a
reference to this Directive or shall be accompanied by such referenceon the occasion of their official publication. the methods for makingsuch reference shall be laid down by the Member States.
3. In addition, Member States shall communicate to the Commission
all existing laws, regulations and administrative provisions adoptedwithin the scope of this Directive.
3a. Provided that the objectives set out in Article 6 are achieved,
Member States may transpose the provisions of Article 7 by means ofagreements between the competent authorities and the economicsectors concerned.
Such agreements shall meet the following requirements:
(a) agreements shall be enforceable;
(b) agreements shall specify objectives with the corresponding dead-
lines;
(c) agreements shall be published in the national official journal or an
official document equally accessible to the public, and transmittedto the Commission;
(d) the results achieved shall be monitored regularly, reported to the
competent authorities and the Commission and made available tothe public under the conditions set out in the agreement;
(e) the competent authorities shall ensure that the progress achieved
under the agreement is examined;
(f) in the event of non-compliance with the agreement, Member States
shall implement the relevant provisions of this Directive by legisla-tive, regulatory or administrative measures.1994L0062 — EN — 18.02.2004 — 002.001 — 14
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4. The requirements for the manufacturing of packaging shall in no
case apply to packaging used for a given product before the date ofentry into force of this Directive.
5. Member States shall, for a period not exceeding five years from
the date of the entry into force of the present Directive, allow theplacing on the market of packaging manufactured before this date andwhich is in conformity with their existing national law.
Article 23
Directive 85/339/EEC is hereby repealed with effect from the date
referred to in Article 22 (1).
Article 24
This Directive shall enter into force on the day of its publication in the
Official Journal of the European Communities .
Article 25
This Directive is addressed to the Member States.1994L0062 — EN — 18.02.2004 — 002.001 — 15
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ANNEX I
ILLUSTRATIVE EXAMPLES FOR CRITERIA REFERRED TO IN
ARTICLE 3(1)
Illustrative examples for criterion (i)
Packaging
Sweet boxesFilm overwrap around a CD case
Non-packaging
Flower pots intended to stay with the plant throughout its lifeTool boxes
Tea bags
Wax layers around cheeseSausage skins
Illustrative examples for criterion (ii)
Packaging, if designed and intended to be filled at the point of sale
Paper or plastic carrier bagsDisposable plates and cups
Cling film
Sandwich bagsAluminium foil
Non-packaging
Stirrer
Disposable cutlery
Illustrative examples for criterion (iii)Packaging
Labels hung directly on or attached to a product
Part of packaging
Mascara brush which forms part of the container closure
Sticky labels attached to another packaging item
StaplesPlastic sleeves
Device for measuring dosage which forms part of the container closure for
detergents.1994L0062 — EN — 18.02.2004 — 002.001 — 16
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ANNEX II
ESSENTAIL REQUIREMENTS ON THE COMPOSITION AND THE
REUSABLE AND RECOVERABLE, INCLUDING RECYCLABLE,
NATURE OF PACKAGING
1.Requirements specific to the manufacturing and composition of packa-
ging
— Packaging shall be so manufactured that the packaging volume and
weight be limited to the minimum adequate amount to maintain the
necessary level of safety, hygiene and acceptance for the packed product
and for the consumer.
— Packaging shall be designed, produced and commercialized in such a
way as to permit its reuse or recovery, including recycling, and to mini-
mize its impact on the environment when packaging waste or residues
from packaging waste management operations are disposed of.
— Packaging shall be so manufactured that the presence of noxious and
other hazardous substances and materials as constituents of the packa-
ging material or of any of the packaging components is minimized with
regard to their presence in emissions, ash or leachate when packaging or
residues from management operations or packaging waste are inciner-
ated or landfilled.
2.Requirements specific to the reusable nature of packaging
The following requirements must be simultaneously satisfied:
— the physical properties and characteristics of the packaging shall enable
a number of trips or rotations in normally predictable conditions of use,
— possiblity of processing the used packaging in order to meet health and
safety requirements for the workforce,
— fulfil the requirements specific to recoverable packaging when the
packaging is no longer reused and thus becomes waste.
3.Requirements specific to the recoverable nature of packaging
(a) Packaging recoverable in the form of material recycling
Packaging must be manufactured in such a way as to enable the recycling of
a certain percentage by weight of the materials used into the manufacture of
marketable products, in compliance with current standards in the Commu-
nity. The establishment of this percentage may vary, depending on the type
of material of which the packaging is composed.
(b) Packaging recoverable in the form of energy recovery
Packaging waste processed for the purpose of energy recovery shall have a
minimum inferior calorific value to allow optimization of energy recovery.
(c) Packaging recoverable in the form of composting
Packaging waste processed for the purpose of composting shall be of such a
biodegradable nature that it should not hinder the separate collection and the
composting process or activity into which it is introduced.
(d) Biodegradable packaging
Biodegradable packaging waste shall be of such a nature that it is capable of
undergoing physical, chemical, thermal or biological decomposition such
that most of the finished compost ultimately decomposes into carbon
dioxide, biomass and water.1994L0062 — EN — 18.02.2004 — 002.001 — 17
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ANNEX III
DATA TO BE INCLUDED BY MEMBER STATES IN THEIR DATA-
BASES ON PACKAGING AND PACKAGING WASTE (IN
ACCORDANCE WITH TABLES 1 TO 4)
1. For primary, secondary and tertiary packaging:
(a) quantities, for each broad category of material, of packaging consumed
within the country (produced + imported − exported) (Table 1);
(b) quantities reused (Table 2).
2. For household and non-household packaging waste:
(a) quantities for each broad category of material, recovered and disposed of
within the country (produced + imported − exported) (Table 3);
(b) quantities recycled and quantities recovered for each broad category of
material (Table 4).1994L0062 — EN — 18.02.2004 — 002.001 — 18
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TABLE 1
Quantity of packaging (primary, secondary and tertiary) consumed within the national territory
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TABLE 2
Quantity of packaging (primary, secondary and tertiary) reused within the national territory
1994L0062 — EN — 18.02.2004 — 002.001 — 20
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TABLE 3
Quantity of packaging waste recovered and disposed of within the national territory
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TABLE 4
Quantity of packaging waste recycled or recovered within the national territory
1994L0062 — EN — 18.02.2004 — 002.001 — 22