Opinion of the European Economic and Social Committee on the Proposal for a Directive of the European Parliament and of the Council amending Directive 94/62/EC on packaging and packaging waste (COM(2004) 127 final – 2004/0045 (COD))
Date: 2004-06-02
Institutions: European Economic and Social Committee
Subjects: approximation of laws, environmental protection, packaging, waste management, waste recycling

C 241/20

EN

Official Journal of the European Union

28.9.2004

Opinion of the European Economic and Social Committee on the ‘Proposal for a Directive of the
European Parliament and of the Council amending Directive 94/62/EC on packaging and packaging
waste’

(COM(2004) 127 final – 2004/0045 (COD))

(2004/C 241/06)

On 5 March 2004, the Council decided to consult the European Economic and Social Committee, under
Article 95 of the Treaty establishing the European Community, on the ‘Proposal for a Directive of the
European Parliament and of the Council amending Directive 94/62/EC on packaging and packaging waste’.

The Section for Agriculture, Rural Development and the Environment, which was responsible for preparing
the Committee's work on this subject, adopted its opinion on 6 May 2004. The rapporteur was Mr Adams.

At its 409th plenary session (meeting of 2 June 2004), the European Economic and Social Committee
adopted the following opinion by 180 votes to three, with 13 abstentions:

1. Introduction

The proposal sets the date for acceding States to have

1.4
achieved the targets as not later than 31 December 2012.

1.1
The purpose of the proposal is to address the problem
of applying the legislation on Packaging and Packaging
Waste (1)
to the acceding States. Legislation adopted after
1 November 2002 — in this case the amending legislation was
only approved in February 2004 — is not covered by the Act
of Accession. The Commission has concluded that the most
sensible way to proceed was to submit this amending proposal,
under Article 95 of the Treaty of Accession.

2. General comments

1.2
Various mechanisms for informing and consulting with
acceding States on such legislation were agreed at the European
except
in December 2002. All acceding States
Council
Cyprus (2)
informed the Commission in February 2003 that
they would need a further transitional period before applying
the original Directive. This proposal for an amending Directive
follows subsequent extensive bilateral technical consultations
with all ten acceding States.

2.1
This proposed amending Directive is a necessary piece
of legislation setting a realistic compliance date for acceding
States.

In its opinion of 29 May 2002 (4)

2.2
the EESC fully
supported the original Directive as an important driving force
in encouraging national legislation on recycling and recovery
of packaging waste.

The current Directive (3) aims to prevent or minimise
1.3
the impact of packaging and packaging waste on the environ-
ment through recovery and recycling targets. The new targets
agreed are substantially higher than those for 2001 and must
be achieved by the end of 2008. The Directive contains specific
targets for plastics, metals, paper/board and glass. The specific
targets will improve the overall level of environmental protec-
tion in the EU. They will also reduce existing distortions of
competition, lead to a higher degree of harmonisation within
the internal market and give more planning security for invest-
ments in recycling infrastructure.

(1) Directive 94/62/EC as amended by Directive 2004/12/EC of

11.2.2004, OJ L 47 of 18.2.2004 p. 26-32.
(2) Cyprus did not require transitional arrangements.
(3) Directive 2004/12/EC of 11.2.2004, OJ L 47 of 18.2.2004, p. 26-

32.

3. Specific comments

3.1
The EESC notes that the average volume of packaging
waste produced by the acceding States is 87 kg per capita
compared with 169 kg per capita in existing Member States.
Although there might be an expectation that packaging
consumption will increase in acceding States under the influ-
ence of the single market the EESC would urge that every effort
is made to minimise packaging at source where consistent with
safety and hygiene.

(4) CESE 681/2002, OJ C 221 of 17.9.2002, p. 31-36.

28.9.2004

EN

Official Journal of the European Union

C 241/21

3.2
Each Member State will continue to be responsible for
the systems under which the recycling targets are achieved. A
wide range of requirements, processes, incentives and disincen-
tives are in place across the Community and the EESC urges
that work continues by the Commission on establishing best
practice and the promulgation of exemplar case studies.

Brussels, 2 June 2004.

4. Conclusions

The Committee welcomes and fully supports the proposal as an
important driving force in encouraging national legislation to
introduce systems for selective collection in the acceding States.

The President

of the European Economic and Social Committee

Roger BRIESCH

Opinion of the European Economic and Social Committee on the ‘Proposal for a Council Regu-
lation (EC) No 1268/1999 on Community support for pre-accession measures for agriculture and
rural development in the applicant countries of Central and Eastern Europe in the pre-accession
period’

(COM(2004) 163 final – 2004/0054 CNS)

(2004/C 241/07)

On 2 April 2004, the Council decided to consult the European Economic and Social Committee, under
Article 37 of the Treaty establishing the European Community, on the ‘Proposal for a Council Regulation
amending Regulation (EC) No 1268/1999 on Community support for pre-accession measures for agri-
culture and rural development in the applicant countries of Central and Eastern Europe in the pre-accession
period’.

The Section for Agriculture, Rural Development and the Environment, which was responsible for preparing
the Committee's work on this subject, adopted its opinion on 6 May 2004. The rapporteur was
Mr Donnelly.

At its 409th plenary session (meeting of 2 June 2004), the European Economic and Social Committee
adopted the following opinion by 182 votes to 2, with 14 abstentions:

1. Introduction

1.1
The accession negotiations in December 2002 provided
for accession in 2004 of eight of the countries currently bene-
fiting from the provisions of this Regulation.

and Romania to prepare and implement local rural develop-
ment strategies; (ii) an adaptation of the aid intensities to levels
similar to those granted to countries acceding to the Union in
2004 and (iii) further clarification of the limits on aid rates.
The latter modification shall have retrospective effect vis-à-vis
all beneficiary countries.

1.2
The Commission considers the Regulation should be
modified in favour of beneficiary countries not due to join the
European Union in 2004, to take account of experience with
the instrument it set up, whilst respecting its underlying objec-
tives.

2. Gist of Commission Proposal

1.3 Modifications are be made to align certain provisions on
those applicable to new Member States. The proposed modifi-
cations are the following: (i) an inclusion of a new eligible
measure which would enable the rural communities of Bulgaria

2.1
The Community contribution shall not exceed the
ceiling of 75 % of the total eligible public expenditure. The
Commission proposal will not
involve additional spending
from the Community budget as it will be financed from the
allocations already made.