European Parliament and Council Directive 94/62/EC of 20 December 1994 on packaging and packaging waste
Date: 1994-12-20
Institutions: Council of the European Union, European Parliament
Subjects: approximation of laws, environmental standard, heavy metal, packaging product, prevention of pollution, waste recycling













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31994L0062

European Parliament and Council Directive 94/62/EC of 20 December 1994 on packaging and packaging waste  


Official Journal L 365 , 31/12/1994 P. 0010 - 0023 Finnish special edition: Chapter 15 Volume 13 P. 0266  Swedish special edition: Chapter 15 Volume 13 P. 0266  





EUROPEAN PARLIAMENT AND COUNCIL DIRECTIVE 94/62/EC of 20 December  1994 on packaging and packaging wasteTHE 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 the one hand, to prevent any impact thereof on the environment 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 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 ability of 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therefore, Council Directive 85/339/EEC of 27 June 1985 on containers of liquids  for human consumption (4) should be repealed; Whereas packaging has a vital social and economic function and therefore measures provided for in  this Directive should apply without prejudice to other relevant legislative requirements affecting  quality and 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 a first priority, prevention of  packaging waste and, as additional fundamental principles, reuse of packaging, recycling and other  forms of recovering packaging waste and, hence, reduction of the final disposal of such waste; Whereas, until scientific and technological progress is made with regard to recovery processes,  reuse and recycling should be considered preferable 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 assessments should be completed as soon as possible to  justify a clear hierarchy between reusable, recyclable and recoverable packaging; Whereas prevention of packaging waste shall be carried out through appropriate measures, including  initiatives taken within the Member States 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 environmentally sound manner, in order to take advantage of the  contribution of such systems to environmental protection; Whereas from an environmental point of view recycling should be regarded as an important part of  recovery with a particular view to reducing 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 take account 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 set for targets to be  determined at a later stage with a view to substantially increasing those targets; Whereas the European Parliament and the Council should, on the basis of reports by the Commission,  examine the practical experience gained in Member States in working towards the aforementioned  targets and the findings of scientific research and evaluation techniques such as eco-balances; Whereas Member States which have, or will set, programmes going beyond such target ranges should be  permitted to pursue those targets in 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 appropriate verification; Whereas, on the other hand, certain Member States may be allowed to adopt lower targets because of  the specific circumstances in those Member States, on condition that they achieve a minimum target  for recovery 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 interested parties and be designed to avoid discrimination against imported products and  barriers to trade or distortions of competition and to guarantee 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 distortion of competition, it is also necessary to define the essential  requirements governing the composition and the reusable and recoverable (including recyclable)  nature of packaging; Whereas the presence of noxious metals and other substances in packaging should be limited in view  of their environmental impact (in particular in the light of their likely presence in emissions or  ash when packaging is incinerated, or in leachate when packaging is landfilled); whereas it is  essential, as a first step towards reducing the toxicity of packaging waste, to prevent the  addition of noxious heavy metals to packaging and ensure that such substances are not released into  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 at source; Whereas the requirements for the manufacturing of packaging should not apply to packaging used for  a given product before the date of entry into force of this Directive; whereas a transition period  for the marketing 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 account of the fact that European standards are being prepared  by the competent standardization body; whereas, however, the provisions on means of proof of  conformity of national standards should apply without delay; Whereas the preparation of European standards for essential requirements and other related issues  should be promoted; Whereas the measures provided for in this Directive imply the development of recovery and recycling  capacities and market outlets for recycled 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 this Directive; Whereas it is essential that all those involved in the production, use, import and distribution of  packaging and packaged products become more aware of the extent to which packaging becomes waste,  and that in accordance with the polluter-pays principle they accept responsibility 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 a spirit  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 order to adapt their behaviour and attitudes; Whereas the inclusion of a specific chapter on the management of packaging and packaging waste in  the waste management plans required pursuant to Directive 75/442/EEC will contribute to the  effective 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 Member States 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 provision of information in the field of technical standards and  regulations (1), notify the Commission of drafts of any measures they 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 database system 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  committee procedure, 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 the one hand, to prevent any impact thereof on the environment of all  Member 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 to avoid obstacles to trade and distortion and restriction of competition within 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 additional fundamental principles, at reusing packaging, at  recycling and other 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 at industrial, commercial, office, shop, service, household  or any other level, regardless of the material used. 2.  This Directive shall apply without prejudice to existing quality requirements for packaging  such as those regarding safety, the protection 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 (2). 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 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. '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 or consumer at the point of purchase; (b) grouped packaging or secondary packaging, i. e. packaging conceived so as to constitute at the  point of purchase a grouping of a certain number of sales units whether the latter is sold as such  to the final user or consumer or whether it serves only as a means to replenish the shelves at the  point of sale; it can be removed from the product without affecting its characteristics; (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 prevent  physical handling and transport damage. Transport packaging does not include road, rail, ship and  air containers; 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 a minimum number of trips or rotations, is refilled or used for  the same purpose for which it was conceived, with or without the support 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; 7. 'recycling` shall mean the reprocessing in a production process of the waste materials for the  original purpose or for other purposes including 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 incineration with or without other waste but with recovery of the heat; 9. 'organic recycling` shall mean the aerobic (composting) or anaerobic (biomethanization)  treatment, under controlled conditions and using micro-organisms, of the biodegradable parts of  packaging waste, which produces stabilized organic residues or methane. Landfill shall not be  considered a form of organic recycling; 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, fillers and users, importers, traders and distributors,  authorities and statutory 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  partners who wish to meet the conditions of the agreement with a view to 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 or similar actions adopted, if appropriate in  consultation with economic operators, and designed to collect and take advantage of the many  initiatives taken within Member States as regards 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 with Article 10. Article 5 Member States may encourage reuse systems of packaging, which can be reused in an  environmentally sound manner, in conformity with the Treaty. 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 five years from the date by which this Directive must be implemented in national  law, between 50 % as a minimum and 65 % as a maximum by weight of the packaging waste will be  recovered; (b) within this general target, and with the same time limit, 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; (c) no later than 10 years from the date by which this Directive must be implemented in national  law, a percentage of packaging waste will be recovered and recycled, which will have to be  determined by the Council in accordance with paragraph 3 (b) with a view to substantially  increasing the targets mentioned in paragraphs (a) and (b). 2.  Member States shall, where appropriate, encourage the use of materials obtained from recycled  packaging waste for the manufacturing of packaging and other products. 3. (a) The European Parliament and the Council shall, on the basis of an interim report by the  Commission, and four years from the date referred to in paragraph 1 (a) on the basis of a final  report, examine the practical experience gained in the Member States in the pursuance of the  targets and objective laid down in paragraphs 1 (a) and (b) and 2 and the findings of scientific  research and evaluation techniques such as eco-balances. (b) No later than six months before the end of the first five-year phase referred to in paragraph 1  (a) the Council shall, acting by qualified majority and on a proposal from the Commission, fix  targets for the second five-year phase referred to in paragraph 1 (c). This process shall be  repeated every five years thereafter. 4.  The measures and targets referred to in paragraph 1 (a) and (b) shall be published by the  Member States and shall be the subject of an information campaign for the general public and  economic operators. 5.  Greece, Ireland and Portugal may, because of their specific situation, i. e. respectively the  large number of small islands, the presence of rural and mountain areas and the current low level  of packaging consumption, decide to: (a) attain, no later than five years from the date of implementation of this Directive, lower  targets than those fixed in paragraph 1 (a) and (b), but shall at least attain 25 % for recovery; (b) postpone at the same time the attainment of the targets in paragraph 1 (a) and (b) to a later  deadline which, however, shall not exceed 31 December 2005. 6.  Member States which have, or will, set programmes going beyond the targets of paragraph 1 (a)  and (b) and which provide to this effect appropriate capacities for recycling and recovery, are  permitted to pursue those targets in the interest of a high level of environmental protection, on  condition that these measures avoid distortions of the internal market and do not hinder compliance  by other Member States with the Directive. Member States shall inform the Commission thereof. The  Commission shall confirm these measures, after having verified, in cooperation with the Member  States, that they are consistent with the considerations above and do not constitute an arbitrary  means of discrimination or a disguised restriction on trade between Member States. 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 stream in 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 operators of the sectors concerned  and to the participation of the competent public 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 so as to avoid barriers to trade or  distortions of competition in conformity with 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 environmental and consumer health, safety and hygiene; the protection of the quality,the  authenticity and the technical characteristics of the packed goods and materials used; and the  protection of industrial and commercial 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 of this Directive on the marking of packaging. 2.  To facilitate collection, reuse and recovery including recycling, packaging shall indicate for  purposes of its identification and classification by the industry concerned the nature of the  packaging material(s) used. To that end, the Commission shall, not later than 12 months after the entry into force of this  Directive determine, on the basis of Annex I and in accordance with the procedure laid down in  Article 21, the numbering and abbreviations on which the identification system is based and shall  specify which materials shall be subject to the identification system in accordance with the same  procedure. 3.  Packaging shall bear the appropriate marking either on the packaging 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 by this 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; (b) with the relevant national standards referred to in paragraph 3 in so far as, in the areas  covered by such standards, no harmonized standards exist. 3.  Member States shall communicate to the Commission the text of their national standards, as  referred to in paragraph 2 (b), which they deem 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 essential requirements 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. This Committee 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 standards 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 in Annex 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 packaging 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 Directive 69/493/EEC (1). 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 implementation of the  objectives set out in this Directive. 2.  To this effect, the databases shall provide in particular information on the magnitude,  characteristics and evolution of the packaging and packaging waste flows (including information on  the toxicity or danger of packaging materials and components used for their manufacture) 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 of Annex 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 subsequent reports. 6.  Member States shall require all economic operators involved to provide competent authorities  with reliable data on their sector as required 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 information  about: - the return, collection and recovery systems available to them, - their role in contributing to reuse, recovery and recycling of packaging 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. Article 14 Management Plans In pursuance of the objectives and measures referred to in this Directive, Member States shall  include in the waste management plans required pursuant to Article 17 of Directive 75/442/EEC, a  specific chapter on the management of packaging and packaging waste, including measures taken  pursuant to Articles 4 and 5. 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 governing Community  environmental policy, inter alia, the polluter-pays principle, and the obligations arising out of  the Treaty, adopt measures to implement 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 they intend to adopt within the framework of this Directive to  the Commission, excluding measures of a fiscal nature, but including technical specifications  linked to fiscal measures which encourage compliance with 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 may indicate, when following the notification procedures referred to in  this Directive, 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  reports on the implementation of certain Directives relating to the environment (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), Annex I and Article 10, last indent - and the formats  relating to the database system - as referred to in Article 12 (3) and Annex III - shall be adopted  in accordance with the procedure laid down in Article 21. Article 20 Specific measures 1.  The Commission, in accordance with the procedure laid down in Article 21, shall determine the  technical measures necessary to deal with any difficulties encountered in applying the provisions  of this Directive in particular to primary packaging for medical devices and pharmaceutical  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 appropriate accompanied by a proposal. Article 21 Committee procedure 1.  The Commission shall be assisted by a committee composed of the representatives of the Member  States and chaired by the representative of the Commission. 2.  The representative of the Commission shall submit to the committee a draft of the measures to  be taken. The committee shall deliver its opinion on the draft within a time limit which the  chairman may lay down according to the urgency of the matter. The opinion shall be delivered by the  majority laid down in Article 148 (2) of the Treaty in the case of decisions which the Council is  required to adopt on a proposal from the Commission. The votes of the representatives of the Member  States within the committee shall be weighted in the manner set out in that Article. The chairman  shall not vote. 3. (a) The Commission shall adopt the measures envisaged if they are in accordance with the opinion  of the committee. (b) >If the measures envisaged are not in accordance with the opinion of the committee, or if no  opinion is delivered, the Commission shall, without delay, submit to the Council a proposal  relating to the measures to be taken. The Council shall act by a qualified majority. If, on the expiry of a period which may in no case exceed three months from the date of referral to  the Council, the Council has not acted, the proposed measures shall be adopted by the Commission. Article 22 Implementation in national law 1.  Member States shall bring into force the laws, regulations and administrative provisions  necessary to comply with this Directive before 30 June 1996. They shall immediately inform the  Commission thereof. 2.  When Member States adopt these measures, they shall contain a reference to this Directive or  shall be accompanied by such reference on the occasion of their official publication. the methods  for making such 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 adopted within the scope of this Directive. 4.  The requirements for the manufacturing of packaging shall in no case apply to packaging used  for a given product before the date of entry 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 the placing on the market of packaging manufactured before  this date and which 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. Done at Brussels, 20 December 1994. For the European Parliament The President K. HAENSCH For the Council The President K. KINKEL (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). (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). (2) OJ No L 377, 31. 12. 1991, p. 20. (1) OJ No L 326, 29. 12. 1969, p. 36. (1) OJ No L 377, 31. 12. 1991, p. 48. ANNEX I IDENTIFICATION SYSTEM The numbering used shall be from 1 to 19 for plastic,  from 20 to 39 for paper and cardboard, from 40 to 49 for metal, from 50 to 59 for wood, from 60 to  69 for textiles and from 70 to 79 for glass. The identification system may also use the abbreviation for the relevant material(s) (e. g. HDPE:  high density polyethylene). Materials may be identified by a numbering system and/or abbreviation.  The identification marks shall appear in the centre of or below the graphical marking indicating  the reusable or recoverable nature of the packaging. 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 packaging - 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 minimize 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 packaging 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 incinerated 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 Community. 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. ANNEX III DATA TO BE INCLUDED BY MEMBER STATES IN THEIR DATABASES 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 &minus; 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 &minus; exported) (Table 3); (b) quantities recycled and quantities recovered for each broad category of material (Table 4). >TABLE>>TABLE>>TABLE>>TABLE>