2001/524/EC: Commission Decision of 28 June 2001 relating to the publication of references for standards EN 13428:2000, EN 13429:2000, EN 13430:2000, EN 13431:2000 and EN 13432:2000 in the Official Journal of the European Communities in connection with Directive 94/62/EC on packaging and packaging waste (Text with EEA relevance) (notified under document number C(2001) 1681)
Date: 2001-06-28
Institutions: European Commission
Subjects: EU Official Journal, EU publication, European standard, harmonisation of standards, packaging product, standardisation, waste, waste management

12.7.2001

EN

Official Journal of the European Communities

L 190/21

II

(Acts whose publication is not obligatory)

COMMISSION

COMMISSION DECISION

of 28 June 2001

relating to the publication of references for standards EN 13428:2000, EN 13429:2000, EN
13430:2000, EN 13431:2000 and EN 13432:2000 in the Official Journal of the European
Communities in connection with Directive 94/62/EC on packaging and packaging waste

(notified under document number C(2001) 1681)

(Text with EEA relevance)

(2001/524/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

(4)

Having regard to the Treaty establishing the European
Community,

Having regard to Directive 94/62/EC of the European Parlia-
ment and of the Council of 20 December 1994 on packaging
and packaging waste (1), and in particular the second subpara-
graph of Article 9(4) thereof,

Having regard to the opinion of the Committee set up by
Article 5 of Directive 98/34/EC of the European Parliament and
of the Council of 22 June 1998 laying down a procedure for
the provision of information in the field of technical standards
and regulations (2), as amended by Directive 98/48/EC (3),

Whereas:

(1)

(2)

the
Article 4 of Directive 94/62/EC stipulates that
Commission shall help to promote the prevention of
packaging waste formation by encouraging the develop-
ment of suitable European standards.

Article 10 of Directive 94/62/EC indicates that
the
Commission shall promote, as appropriate, the prepara-
tion of European standards relating to the essential
requirements referred to in Annex II thereto.

(3) When packaging is manufactured for a specific product
in accordance with a harmonised standard whose refer-
ences have been published in the Official Journal of the
European Communities,
the packaging is presumed to
comply with the essential requirements of Directive 94/
62/EC, as covered by that harmonised standard.

(1) OJ L 365, 31.12.1994, p. 10.
(2) OJ L 204, 21.7.1998, p. 37.
(3) OJ L 217, 5.8.1998, p. 18.

(5)

(6)

(7)

(8)

Article 9 of Directive 94/62/EC stipulates that
the
the
the references of
Commission shall ensure that
harmonised standards which comply with the essential
requirements defined by the Directive are published in
the Official Journal of the European Communities.

The Member States are required to publish the references
of the national standards transposing the harmonised
standards whose references have been published in the
Official Journal of the European Communities.

In 2000, the European Committee for Standardisation
(CEN) approved five standards (EN 13428:2000, EN
13429:2000, EN 13430:2000, EN 13431:2000 and EN
13432:2000)
in line with the mandate which the
Commission issued to this body under Directive 94/62/
EC, after consultation with the committee set up under
Directive 98/34/EC. These standards were presented to
the Commission as harmonised standards.

In 2000, in application of Aricle 9(4) of Directive 94/
62/EC, Belgium raised a formal objection in respect of
harmonised
EN
13429:2000, EN 13430:2000, EN 13431:2000 and EN
13432:2000, to the effect that these standards do not
fully meet the essential requirements of the Directive.

13428:2000,

standards

EN

In 2000, in application of Article 9(4) of Directive 94/
62/EC, Denmark raised a formal objection in respect of
harmonised
EN
13429:2000, EN 13430:2000 and EN 13431:2000, to
the effect that these standards do not fully meet the
essential requirements of the Directive.

13428:2000,

standards

EN

L 190/22

EN

Official Journal of the European Communities

12.7.2001

(9)

standard

examining

harmonised

this standard does not

After consulting the committee created by Directive 98/
34/EC and
EN
13428:2000, the Commission was unable to ascertain
that
the essential
requirements of Directive 94/62/EC, with the exception
of the requirements of the third indent of Annex II(1) to
the Directive. This harmonised standard must accord-
ingly be published in the Official Journal of the European
Communities with a warning stating that it does not
cover the requirements of that indent.

fully meet

standard

examining

harmonised

(10) After consulting the committee created by Directive 98/
34/EC and
EN
13429:2000, the Commission was able to ascertain that
this standard does not fully meet the essential require-
ments of Directive 94/62/EC, as specified in Annex II(2)
to the Directive. In particular, this standard does not
cover
for a minimum
number of trips or rotations in normally predictable
conditions of use, or define a test method for checking
this minimum number of trips or rotations. Accordingly,
this harmonised standard must not be published in the
Official Journal of the European Communities.

the mandated requirement

standard

examining

harmonised

(11) After consulting the committee created by Directive 98/
EN
34/EC and
13430:2000, the Commission was able to ascertain that
this standard does not fully meet the essential require-
ments of Directive 94/62/EC, as specified in Annex II(3a)
to the Directive. In particular, the standard does not
cover the essential requirements stipulating that in order
to be considered recyclable, packaging must be manufac-
tured in such a way as to enable the recycling of a
certain percentage by weight of
the materials used,
according to the type of material used for the packaging.
The standard does not, moreover, cover the mandated
requirement for objective consideration of the use of
substances or materials likely to cause problems in
recovery and sorting prior to recycling, in the recycling
process itself or in recycled products. Accordingly, this
harmonised standard must not be published in the Offi-
cial Journal of the European Communities.

standard

examining

harmonised

(12) After consulting the committee created by Directive 98/
EN
34/EC and
13431:2000, the Commission was able to ascertain that
this standard does not fully meet the essential require-
ments of the Directive, as specified in Annex II(3b) to
Directive 94/62/EC, for a minimum lower calorific value
to allow optimisation of energy recovery. Furthermore,
the standard does not cover the mandated requirement
for objective consideration of the use of substances or
materials likely to present problems in recovery and
sorting prior to energy recovery, or in the energy
recovery process itself. Accordingly,
this harmonised
standard must not be published in the Official Journal of
the European Communities.

examining

harmonised

(13) After consulting the committee created by Directive 98/
34/EC and
EN
13432:2000, the Commission was unable to ascertain
that
the essential
requirements of Directive 94/62/EC, as specified in
Annex II(3c) and (3d). This harmonised standard must,
accordingly, be published in the Official Journal of the
European Communities.

this standard does not

fully meet

standard

(14)

The Commission now calls on the CEN to undertake
work to improve those standards which either in part or
in full do not fulfil the essential requirements defined in
the Directive,

HAS DECIDED AS FOLLOWS:

Article 1

The references of harmonised standard EN 13428:2000 are
published in the Official Journal of the European Communities in
the form given in the Annex, accompanied by the following
warning:

‘Users of harmonised standard EN 13428:2000 should note
that this standard does not cover the essential requirements
of Directive 94/62/EC as specified in the third indent of
Annex II(1) thereto.’

When Member States publish the references of the national
standard transposing harmonised standard EN 13428:2000,
the publication must be accompanied by a warning identical to
the one provided for in the first indent.

Article 2

The references of harmonised standards EN 13429:2000, EN
13430:2000 and EN 13431:2000 are not published in the
Official Journal of the European Communities.

Article 3

The references of harmonised standard EN 13432:2000 are
published in the Official Journal of the European Communities in
the form given in the Annex.

Article 4

This Decision is addressed to the Member States.

Done at Brussels, 28 June 2001.

For the Commission

Margot WALLSTRÖM

Member of the Commission

12.7.2001

EN

Official Journal of the European Communities

L 190/23

ANNEX

Publication of the references of harmonised standards pursuant to Directive 94/62/EC on packaging and
packaging waste

ESB (1)

Reference

Title of harmonised standard

Ratification year

CEN

EN 13428

Packaging — Requirements specific to manufac-
turing and composition — Prevention by source
reduction

2000

Note: Users of harmonised standard EN 13428:2000 should note that this standard does not cover the essential
requirements of Directive 94/62/EC, as specified in the first and third indents of Annex II(1) to that Directive.

ESB (1)

Reference

Title of harmonised standard

Ratification year

CEN

EN 13432

Packaging — Requirements for packaging recover-
able through composting and biodegradation —
Test scheme and evaluation criteria for the final
acceptance of packaging

2000

(1) ESB (European standardisation body):

— CEN
— Cenelec
— ETSI

Rue de Stassart 36, B-1050 Brussels. Tel. (32-2) 550 08 11, fax (32-2) 550 08 19
Rue de Stassart 35, B-1050 Brussels. Tel. (32-2) 519 68 71, fax (32-2) 519 69 19
F-06561 Valbonne Cedex. Tel. (33-4) 92 94 42 00, fax (33-4) 93 65 47 16

Note:

— Any information concerning the availability of the standards can be obtained either from the European standardisation
bodies or from the national standardisation bodies, a list of which is annexed to Directive 98/34/EC, as amended by
Directive 98/48/EC.

— Publication of the references in the Official Journal of the European Communities does not imply that the standards are

available in all the Community languages.

The Commission ensures the updating of this list.