2001/171/EC: Commission Decision of 19 February 2001 establishing the conditions for a derogation for glass packaging in relation to the heavy metal concentration levels established in Directive 94/62/EC on packaging and packaging waste (Text with EEA relevance) (notified under document number C(2001) 398)
Date: 2001-02-19
Institutions: European Commission
Subjects: derogation from EU law, glass, hazardous waste, heavy metal, metal pollution, waste recycling

L 62/20

EN

Official Journal of the European Communities

2.3.2001

COMMISSION DECISION

of 19 February 2001

establishing the conditions for a derogation for glass packaging in relation to the heavy metal
concentration levels established in Directive 94/62/EC on packaging and packaging waste

(notified under document number C(2001) 398)

(Text with EEA relevance)

(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:

Directive 94/62/EC provides in Article 11 a gradual
reduction of the concentration of heavy metals in pack-
aging.

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.

The full applications of the level of 100 ppm, which is
due to enter into force on 30 June 2001, might have as
a consequence that the use of recycled glass is reduced,
in order to comply with Article 11. This result is envir-
onmentally not desirable for this reason.

which the concentration levels established in Article 11 of
Directive 94/62/EC shall not apply.

Article 2

For the purposes of this Decision:

— the definitions as set out in Article 3 of Directive 94/62/EC

shall apply,

— ‘intentionally introduced’ shall mean ‘deliberately utilised in
the formulation of a packaging or a packaging component
where its continued presence is desired in the final pack-
aging or packaging component to provide a specific charac-
teristic, appearance, or quality’; the use of recycled materials
as feedstock for the manufacture of new packaging mate-
rials, where some portion of the recycled materials may
contain amounts of regulated metals, is not be considered
as intentionally introduced.

Article 3

The derogation is intended for glass packaging taking
account of its characteristics in relation to emissions of
heavy metals and the importance of further encouraging
glass recycling.

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 condi-
tions established in Articles 4 and 5 of this Decision.

The 100 ppm limit is to be concerned by the deroga-
tion.

Measurements results from production sites and meas-
urement methods employed should be made available to
the competent authorities if requested.

The derogation is to expire on 30 June 2006 unless this
deadline is extended in accordance with the procedure
laid down in Article 21 of Directive 94/62/EC.

The measures provided for in this Decision are in
accordance with the opinion of the Committee, estab-
lished pursuant to Article 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

Article 4

No lead, cadmium, mercury or hexavalent chromium shall be
intentionally introduced during the manufacturing process.

The packaging material may only exceed the concentration
limits because of the addition of recycled materials.

Article 5

Where the average heavy metals concentration levels on any
twelve consecutive monthly controls made from the produc-
tion of each individual glass furnace, representative of normal
and regular production activity, exceeds the 200 ppm limit,
the manufacturer or this authorised representative shall submit
a report to the competent authorities in the Member States.
This report shall include as a minimum the following informa-
tion:

— measures values,

(1)

(2)

(3)

(4)

(5)

(6)

(7)

(8)

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

— description of measurement methods employed,

2.3.2001

EN

Official Journal of the European Communities

L 62/21

— suspected sources for the presence of heavy metals concen-

Article 6

tration levels,

— detailed description of the measures taken to reduce the

heavy metals concentration levels.

Where neither the manufacturer nor his authorised repres-
entative is established within the European Union, the obliga-
tion to submit a report to the competent authorities shall be
with the person who places the product on the Communtiy
market.

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 Decision and Article 17 of Directive 94/62/EC, in
accordance with the procedure laid down in Article 21 of
Directive 94/62/EC.

This Decision is addressed to the Member States.

Article 7

Done at Brussels, 19 February 2001.

Measurement results from production sites and measurement
methods employed shall be made available at any time to the
competent authorities,

if requested.

For the Commission

Margot WALLSTRÖM

Member of the Commission