WRITTEN QUESTION E-3155/01

by Karin Riis-Jørgensen (ELDR) to the Commission

(14 November 2001)

Subject: Interpretation of directive on packaging and packaging waste (94/62/EC)

A point of dispute has arisen in connection with the interpretation of the above directive.

Is it the Commission's interpretation of Directive 94/62/EC(1) that a glass decorated with the name of a particular brewery, which is used for serving in restaurants, bars and similar premises, and which may be used only for serving beer from the brewery whose name appears on the glass, can be defined as packaging?

(1) OJ L 365, 31.12.1994, p. 10.

Answer given by Mrs Wallström on behalf of the Commission

(16 January 2002)

It is the Commission's interpretation that a glass decorated with the name of a particular brewery, which is used for serving in restaurants, bars and similar premises, and which may be used only for serving beer from the brewery whose name appears on the glass, cannot be defined as a packaging nor a sales packaging under the Packaging Directive (Directive 94/62/EC of the Parliament and the Council of 20 December 1994 on packaging and packaging waste).

To be considered packaging it must fulfil a packaging function and to be considered a sales-packaging it must constitute a sales unit to the final user or consumer at the point of purchase. The described glass does not fulfil any of these criteria.

Packaging is defined in Article 3 (1), (1) of the Directive as 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 to processed 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.

Sales packaging is defined in Article 3, (1), (1) a) as packaging conceived so as to constitute a sales unit to the final user or consumer at the point of purchase.

Under normal circumstances a drinking glass made of glass or plastic that is cleaned and reused is not fulfilling a packaging function and is therefore not considered a packaging within the meaning of the Packaging Directive.

Similarly a drinking glass that is sold separately, empty and as a drinking glass is not considered to be packaging.

If however a product is sold in a glass that can be utilised as a drinking glass after consumption of the content, that glass is considered to be a packaging.

The criteria of fulfilling a packaging function or purpose has been confirmed by the so-called Article 21 Committee under the Packaging Directive in the context of defining disposable items. A document entitled Common understanding on the interpretation of the definition of packaging approved at a meeting on 11 March 1999 reflects this. The document is being sent directly to the Honourable Member and Parliament's Secretariat.

A glass as described in the question which is used for serving in restaurants etc. is in the Commission's view not to be considered as sales packaging either meaning a packaging conceived so as to constitute a sales unit to the final user or consumer at the point of purchase see the above definition of sales packaging. It is thus only the beer, and not the beer and the glass, that is sold.