Opinion of the Commission pursuant to Article 251 (2), third subparagraph, point (c) of the EC Treaty, on the European Parliament's amendments to the Council's common position regarding the proposal for a Directive of the European Parliament and of the Council amending Directive 94/62/EC on packaging and packaging waste amending the proposal of the Commission pursuant to Article 250 (2) of the EC Treaty
Date: 2003-09-10
Institutions: European Commission
Subjects: EU environmental policy, environmental protection, packaging, waste management, waste recycling

COMMISSION OF THE EUROPEAN COMMUNITIES

Brussels, 10.9.2003
COM(2003) 536 final

2001/0291 (COD)

OPINION OF THE COMMISSION

pursuant to Article 251 (2), third subparagraph, point (c) of the EC Treaty,
on the European Parliament's amendments
to the Council's common position regarding the
proposal for a

DIRECTIVE OF THE EUROPEAN PARLIAMENT
AND OF THE COUNCIL

amending Directive 94/62/EC on packaging and packaging waste

AMENDING THE PROPOSAL OF THE COMMISSION
pursuant to Article 250 (2) of the EC Treaty

2001/0291 (COD)

OPINION OF THE COMMISSION

pursuant to Article 251 (2), third subparagraph, point (c) of the EC Treaty,
on the European Parliament's amendments
to the Council's common position regarding the
proposal for a

DIRECTIVE OF THE EUROPEAN PARLIAMENT
AND OF THE COUNCIL

amending Directive 94/62/EC on packaging and packaging waste

1.

BACKGROUND

Procedure

–  On  7  December  2001  the  Commission  submitted  a  proposal  for  a  Directive  of  the
European Parliament and of the Council1 amending Directive 94/62/EC on packaging and
packaging waste2 for adoption by co-decision procedure as laid down in Article 251 of the
EC Treaty.

–  The European Economic and Social Committee delivered its Opinion on 29 May 2002.

–  The  Committee  on  Industry,  External  Trade,  Research  and  Energy  of  the  European

Parliament voted on its report on 22 May 2002.

–  The Committee on the Environment, Public Health and Consumer Policy of the European

Parliament voted on its report on 12 July 2002.

–  The European Parliament adopted its position on first reading on 3 September 2002.

–  The Council adopted its Common Position on 6 March 2003.

–  The European Parliament adopted its position on second reading on 2 July 2003.

Objective of the Commission proposal

The Commission  proposal  of  7  December  2001,  which  is  based  on  Article  95(1)  of  the  EC
Treaty, sets out to amend Directive 94/62/EC.  This revision  is limited in  scope  and  aims to
further  increase  the  recovery  and  recycling  targets  for  the  next  five-year  phase  and  thus
further  reduce  the  environmental  impact  of  packaging  waste.  It  also  introduces  material-
specific recycling targets for  a number of  specific packaging  waste  materials. The proposed
targets are based on an extended cost-benefit analysis. The proposed revision also introduces
definitions  for  mechanical,  chemical  and  feedstock  recycling  and  clarifies  the  definition  of

1

2

COM(2001)729 final (2001/0291 (COD))
OJ L 365/10, 31 December 1994.

2

                                                
‘packaging’  through  the  introduction  of  a  non-binding  annex  containing  interpretation
guidelines.

No  proposal  has  been  made  for  revising  other  aspects  of  the  Directive,  such  as  prevention,
reuse or producer responsibility, since the Commission is of the opinion that it is too early to
embark on a broader revision of that kind.

2.

COMMISSION COMMENTS

2.1.

General

At its plenary session of 2 July 2003, the European Parliament adopted 12 amendments.

The  Commission  can  accept  5  amendments  in  full,  2  in  principle  and  3  in  part.  More
specifically,  the  Commission  agrees  in  full  with  amendments  1,  3,  22,  23  and  31.  The
Commission agrees in principle to amendments 28 and 30. Amendments 15, 24 and 25 can be
accepted in part. The remaining 2 amendments (amendments 29 and 32) cannot be accepted.

The Commission  notes  that there  is now  a high degree of agreement  between  the  European
Parliament  and  the  Council.  The  position  of  the  Commission  aims  to  facilitate  a  rapid
resolution of the outstanding issues.

2.2.

Detailed comments

2.2.1.

Amendments accepted

The  Commission  agrees  to  the  following  amendments  concerning  recitals:  amendments  1
(encouragement  of  environmentally  sound  recycling  processes),  3  (provision  of  annual  data
on  packaging)  and  22  (need  to  avoid  discrimination  against  materials  on  the  basis  of  their
weight).

The  Commission  accepts  amendment  23.  This  amendment  adds  certain  inert  packaging
materials to the list of packaging items for which implementation problems can be addressed
through  technical  adaptation.  It  also  accepts  amendment  31  allowing  the  transposition  of
Article 7 through voluntary agreements, subject to certain conditions.

2.2.2.

Amendments accepted in part

The  Commission  can  accept  the  first  paragraph  of  amendment  15.  This  paragraph  adds  a
reference to certain elements of the 6th Environment Action Programme to the list of issues to
be considered in a Commission report foreseen for June 2005. The second paragraph of this
amendment  obliges  the  Commission  and  the  Member  States  to  encourage  the  initiation  and
evaluation of pilot projects in order to base that report on practical experience. Obliging the
Commission and all Member States to encourage such pilot projects risks duplicating efforts
and  will  depend  on  the  availability  of  resources.  Furthermore,  taking  into  account  the
necessary  procedures  and  time  required  to  set  up  pilot  projects,  it  is  very  unlikely  that  any
such  pilot  project  could  be  concluded  in  time  for  the  preparation  of  the  June  2005  report.
Therefore, this paragraph is rejected. The Commission could, however, accept the following
formulation:  “In  order  to  promote  the  objectives  of  this  report,  the  Commission  and  the
Member States shall, as appropriate, initiate and evaluate studies and pilot projects.”

3

The  first  part  of  amendment  24  adds  new  elements  to  the  conditions  under  which  an  item
despite having a packaging function is nevertheless not considered packaging. This part of the
amendment  can  be  accepted  in  principle.  The  Commission  considers,  however,  that  the
following  formulation  would  provide  more  clarity.  “Items  shall  be  considered  to  be
packaging  if  they  fulfil  the  definition  above  without  prejudice  to  other  functions  which  the
packaging  might  also  perform,  unless  the  item  is  an  integral  part  of  a  product  and  it  is
necessary to contain, support or preserve that product throughout its lifetime and all elements
are intended to be consumed or disposed of together.” It should be noted that this definition
also covers short-lived items such as sausage skins. Restricting the exemption from the term
“packaging”  to  durable  items  could  be  interpreted  in  a  way  that  sausage  skins  and  similar
items would be classified as packaging. The second part of  this amendment is  rejected  as it
affects the Commission’s right of initiative and duplicates the revised article 19.

In amendment 25, the first paragraph states that measures to prevent packaging waste may, in
addition to an existing list of options, consist of projects to introduce producer responsibility.
The  second  paragraph  states  that  standards  promoted  by  the  Commission  shall  aim  to
minimise  the  environmental  impact  of  packaging.  The  Commission  can  accept  these  two
paragraphs. The third paragraph provides that the Commission shall, by 30 June 2005, present
proposals to strengthen and complement the enforcement of the essential requirements. This
part  of  the  amendment  is  rejected  as  it  affects  the  Commission’s  right  of  initiative.
Furthermore,  Article  6(8),  as  revised  by  the  Common  Position,  and  amendment  30  already
foresee  a  report  on  the  implementation  and  enforcement  of  the  essential  requirements,  as
appropriate, accompanied by proposals.

2.2.3.

Amendments accepted in principle

The  Commission  can  agree  in  principle  to  amendment  28  and  advancing  the  deadlines  for
Greece, Ireland and Portugal to a limited extent. In amendment 30 on elements to be reviewed
in  a  Commission  report,  the  evaluation  of  different  recycling  methods  should  be  done  in
horizontal  waste  legislation,  as  this  also  concerns  other  waste  streams.  In  point  (g)  the
wording “if appropriate” should be retained to underline the need for further analysis.

2.2.4.

Amendments not accepted

Amendment  29  states  that  the  deadline  for  the  implementation  of  the  new  targets  in  the
Acceding States shall be determined by a new proposal under Article 251 of the Treaty. The
Commission cannot accept this amendment, as it affects its right of initiative. In amendment
32, the Commission considers that adding “tubes and cylinders around which flexible material
is wound” and “release paper of self-adhesive labels” to a list of examples of non-packaging
contradicts Article 3 of the Directive. This article defines packaging as items which are used
for  the  containment,  protection,  handling,  delivery  and  presentation  of  goods.  As  both  the
tubes and the release paper are used for these purposes, they are packaging according to this
definition  and  cannot  be  an  example  for  non-packaging.  The  Commission  can  in  principle
accept  the  addition  of  “CD  and  video  cases  for  short-term  use”  and  of  “wrapping  and  gift
paper sold as a separate product” as well as the new formulation on flower pots. However, the
Commission  considers  that,  in  case  of  doubt,  this  matter  should  be  discussed  by  technical
experts within the framework of the procedure according to Article 21 of the Directive.

2.3.

Amended proposal

Pursuant to Article 250(2) of the EC Treaty, the Commission amends its proposal as set out
above.

4