Proposal for a Directive of the European Parliament and of the Council amending Directive 94/62/EC on packaging and packaging waste
Date: 2001-12-07
Institutions: European Commission
Subjects: approximation of laws, environmental protection, information system, packaging, waste management, waste recycling

30.4.2002

EN

Official Journal of the European Communities

C 103 E/17

Proposal for a Directive of the European Parliament and of the Council amending Directive
94/62/EC on packaging and packaging waste

(2002/C 103 E/03)

(Text with EEA relevance)

COM(2001) 729 final — 2001/0291(COD)

(Submitted by the Commission on 7 December 2001)

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE
EUROPEAN UNION,

into account
consumption.

their

current

low level of packaging

Having regard to the Treaty establishing the European
Community, and in particular Article 95 paragraph 1 thereof,

Having regard to the proposal from the Commission,

Having regard to the opinion of the Economic and Social
Committee,

Acting in accordance with the procedure laid down in Article
251 of the Treaty,

(7) In accordance with the principles of

subsidiarity and
proportionality as set out in Article 5 of the Treaty, the
objectives of the proposed action, namely to harmonise
national targets for the recycling of packaging waste and
to provide further clarification on definitions, cannot be
sufficiently achieved by the Member States and can
therefore, by reason of the scale of the action, be better
achieved by the Community. This Directive confines itself
to the minimum required in order
to achieve those
objectives and does not go beyond what is necessary for
that purpose.

Whereas:

(1) Pursuant to Directive 94/62/EC (1) the Council is required,
no later than six months before the end of a five-year
phase starting from the date by which that Directive
should have been implemented in national
to fix
targets for the next five-year phase.

law,

(2) It is necessary to clarify the definition of ‘packaging’ laid
down in Directive 94/62/EC through the introduction of an
annex containing interpretative guidelines. Furthermore,
development of new recycling technologies has led to the
need to add new definitions.

(3) Recycling targets for each specific waste material should be
introduced on the basis of life-cycle assessments and cost-
benefit analysis, which have indicated clear differences both
in the costs and in the benefits of recycling the various
packaging materials,
the
coherence for the internal market for recycling of these
materials.

and which shall

improve

(4) Recovery and recycling of packaging waste should be
further increased to reduce its environmental impact.

(5) Certain Member States which, on account of their special
circumstances, were allowed to postpone the date fixed for
achievement of the recovery and recycling targets set in
Directive 94/62/EC should be granted a further, but
limited, postponement.

(6) In view of the enlargement of the European Union, due
attention needs to be paid to the specific situation in the
future Member States,
in relation to the
attainment of the recycling target of Article 6(1), taking

in particular

(8) Since the measures necessary for the implementation of
Directive 94/62/EC are measures of general scope within
the meaning of Article 2 of Council Decision 1999/468/EC
of 28 June 1999 laying down the procedures for the
exercise of
conferred on the
Commission (2), they should be adopted by use of the regu-
latory procedure provided for in Article 5 of that Decision.

implementing powers

(9) Directive

94/62/EC should

therefore

be

amended

accordingly,

HAVE ADOPTED THIS DIRECTIVE:

Article 1

Directive 94/62/EC is hereby amended as follows:

1. Article 3 is amended as follows:

(a)

in point 1 the following subparagraph is added:

‘The definition of “packaging” shall be further inter-
preted in accordance with the guidelines set out
in
Annex I;’

(b) the following points 9a, 9b and 9c are inserted:

‘9a.

“mechanical recycling” shall mean the reprocessing
of waste material, for the original purpose or for
excluding energy recovery or
other purposes
disposal, without changing the chemical structure
of the processed material;

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

(2) OJ L 184, 17.7.1999, p. 23.

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Official Journal of the European Communities

30.4.2002

9b.

9c.

“chemical recycling” shall mean the reprocessing,
other than organic recycling, of waste material, for
for other purposes
the original purpose or
excluding
by
the waste
changing the chemical
material and recycling the chemical constituents
into the original material of the waste.

or
structure of

disposal,

recovery

energy

“feedstock recycling” shall mean the reprocessing,
other than organic recycling, of waste material, for
for other purposes
the original purpose or
excluding
by
the waste
changing the chemical
material and recycling the chemical constituents
into materials other than the original material of
the waste.’

or
structure of

disposal,

recovery

energy

2. Article 6 is replaced by the following:

‘Article 6

2. Member States shall encourage energy recovery, where
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.

3. Member States shall, where appropriate, encourage the
use of materials obtained from recycled packaging waste for
the manufacturing of packaging and other products.

Not

later than 31 December 2005,

the European
4.
shall, acting by qualified
Parliament and the Council
majority and on a proposal
fix
from the Commission,
targets for the third five-year phase 2006 till 2011, based
on the practical experience gained in the Member States in
the pursuit of the targets laid down in paragraph 1 and the
findings of scientific research and evaluation techniques
such as life cycle assessments and cost-benefit analysis.

In order

to comply with the objectives of

1.
this
Directive, Member States shall take the necessary measures
to attain the following targets no later than 30 June 2006
covering the whole of their territory:

This process shall be repeated every five years thereafter.

(a) between 60 % as a minimum and 75 % as a maximum

by weight of packaging waste will be recovered;

5.
The measures and targets referred to in paragraph 1
shall be published by the Member States and shall be the
subject of an information campaign for the general public
and economic operators.

(b) between 55 % as a minimum and 70 % as a maximum

by weight of packaging waste will be recycled;

(c) the following minimum recycling targets for materials

contained in packaging waste will be attained:

Greece,

Ireland and Portugal may,

6.
in view of their
specific situation, postpone the attainment of the targets
referred to in paragraph 1 until
the date of their own
choice which shall not be later than 30 June 2009.

— 60 % by weight for glass;

— 55 % by weight for paper and board;

— 50 % by weight for metals;

— 20 % by weight

for plastics,

exclusively

by

mechanical and/or chemical recycling.

these measures avoid distortions of

7. Member States which have, or will, set programmes
going beyond the target of paragraph 1(a) 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
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.’

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Official Journal of the European Communities

C 103 E/19

3. Article 8(2) is replaced by the following:

‘2.
To facilitate collection, reuse and recovery including
recycling, packaging shall indicate for purposes of its identi-
fication and classification by the industry concerned the
nature of the packaging material(s) used.

This shall be done on the basis of Commission Decision
97/129/EC.’

4. Article 19 is replaced by the following:

‘The amendments necessary for adapting to scientific and
technical progress the identification system — as referred to
in Article 8(2) and Article 10, last indent —, the formats
relating to the database system — as referred to in Article
12(3) and Annex III as well as the guidelines on the inter-
pretation of the definition of packaging — as referred to in
Annex I — shall be adopted in accordance with the
procedure laid down in Article 21.’

5. Annex I is replaced by the text shown in the Annex to this

Directive.

6. Article 21 is replaced by the following:

2. Where reference is made to this paragraph, the regu-
latory procedure laid down in Article 5 of Decision
1999/468/EC shall apply, in compliance with Article 7(3)
and Article 8 thereof.

The period provided for in Article 5(6) of Decision

3.
1999/468/EC shall be no more than three months.’

Article 2

Member States shall bring into force the laws, regulations and
administrative provisions necessary to comply with this
Directive by [18 months after the date of adoption] at the
latest. They shall immediately inform the Commission thereof.

When Member States adopt those provisions, they shall contain
a reference to this Directive or be accompanied by such a
reference on the occasion of
their official publication.
Member States shall determine how such reference is to be
made.

Article 3

This Directive shall enter into force on the twentieth day
following that of its publication in the Official Journal of the
European Communities.

The Commission shall be assisted by a committee
the Member States and

‘1.
composed of representatives of
chaired by the representative of the Commission.

Article 4

This Directive is addressed to the Member States.

ANNEX

‘ANNEX I

GUIDELINES ON THE INTERPRETATION OF THE DEFINITION OF PACKAGING

1. The definition of packaging refers to packaging functions without prejudice to other functions which the packaging

might also perform, unless it complies with rules 6 and 7 below.

2. An item which has a primary or secondary packaging function and which is designed and aimed, in general, for

being filled at the point of sale, is considered as packaging.

Illustrative examples:

Packaging:
Paper or plastic carrier bags

Not packaging:
Cling film
Sandwich bags
Aluminium foil

3. Packaging components are part of the packaging to which they are attached; they are not independent packaging

items.

Illustrative examples:

Packaging:
Mascara brush which forms part of the container closure
Sticky labels attached to another packaging item
Labels hung directly on or attached to the product

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Official Journal of the European Communities

30.4.2002

4. Ancillary elements integrated into packaging or a packaging component and/or performing any function in relation
to a packaging component, including strengthening or embellishment, are part of the packaging and not separate
packaging items.

Illustrative examples:

Packaging:
Staples
Tape
Plastic sleeves (e.g. around drink bottles)

5. Disposable items sold filled or designed and aimed for being filled at the point of sale are packaging provided they

fulfil a packaging function.

Illustrative examples:

Packaging:
Disposable plates,
Disposable cups, etc.

Not packaging:
Chips fork

6. An item which complies with the above conditions is nonetheless not packaging if the item's function in relation to

the product clearly outweighs its packaging function.

It also applies, however, to items which represent an integral and inseparable part of a durable product at the time of
purchase and which are necessary to contain, support or preserve that product throughout its lifetime.

This does not apply to items integrated with a packaging component.

Illustrative examples:

Packaging:
Cases
Sweets boxes
Film overwrap around a CD case

Not packaging:
Flower pots intended to stay with the plant throughout its life
Ink cartridges
Tool boxes

7. An item which complies with rules 1-5 is nonetheless not packaging if the item is both part of the manufacturing

process and part of the product.

Illustrative examples:

Not packaging:
Tea bags
Wax layers (e.g. around cheese)
Sausage skins’