Directive 2005/20/EC of the European Parliament and of the Council of 9 March 2005 amending Directive 94/62/EC on packaging and packaging waste
Date: 2005-03-09
Institutions: Council of the European Union, European Parliament
Subjects: application of EU law, enlargement of the Union, environmental protection, packaging, waste recycling

16.3.2005

EN

Official Journal of the European Union

L 70/17

DIRECTIVE 2005/20/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

of 9 March 2005

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

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE
EUROPEAN UNION,

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

Having regard to the proposal from the Commission,

(4)

In view of the further enlargement of the European
Union, due attention also needs to be paid to the specific
situation in countries for which accession is planned at a
later stage.

(5) Directive 94/62/EC should therefore be amended

accordingly,

Having regard to the opinion of the European Economic and
Social Committee (1),

HAVE ADOPTED THIS DIRECTIVE:

Acting in accordance with the procedure laid down in
Article 251 of the Treaty (2),

Whereas:

(1)

the European
the recent enlargement of
In view of
Union, due attention needs to be paid to the specific
situation in the new Member States,
in particular in
relation to the attainment of the recycling and recovery
targets set out in Article 6(1) of Directive 94/62/EC (3).

(2) Member States having acceded to the European Union by
virtue of the Accession Treaty of 16 April 2003 require
additional time to adapt their recycling and recovery
systems to the targets of Directive 94/62/EC.

(3) Since the objective of

this Directive, namely to
harmonise national targets for the recycling and recovery
of packaging waste, cannot be sufficiently achieved by
the Member States and can therefore, by reason of the
scale of the action, be better achieved at Community
in accor-
level, the Community may adopt measures,
dance with the principle of subsidiarity as set out in
Article 5 of the Treaty. In accordance with the principle
of proportionality, as set out in that Article, this Directive
does not go beyond what is necessary in order to achieve
that objective.

Article 1

The following paragraph shall be added to Article 6 of
Directive 94/62/EC:

‘11. Member States having acceded to the European Union by
virtue of the Accession Treaty of 16 April 2003 may
postpone the attainment of the targets referred to in
paragraph 1(b), (d) and (e) until a date of their own
choosing which shall not be later than 31 December
2012 for the Czech Republic, Estonia, Cyprus, Lithuania,
Hungary, Slovenia and Slovakia; 31 December 2013 for
Malta; 31 December 2014 for Poland; and 31 December
2015 for Latvia.’

Article 2

1. Member States shall bring into force the laws, regulations
and administrative provisions necessary to comply with this
forthwith
Directive by 9 September 2006. They shall
communicate to the Commission the text of those provisions
and a correlation table between those provisions and this
Directive.

(1) OJ C 241, 28.9.2004, p. 20.
(2) Opinion of the European Parliament of 17 November 2004
(not yet published in the Official Journal), and Council Decision
of 21 February 2005.

(3) OJ L 365, 31.12.1994, p. 10. Directive as last amended by

Directive 2004/12/EC (OJ L 47, 18.2.2004, p. 26).

these provisions,

When Member States adopt
they shall
contain a reference to this Directive or be accompanied by
such a reference on the occasion of their official publication.
The methods of making such reference shall be laid down by
Member States.

L 70/18

EN

Official Journal of the European Union

16.3.2005

2. Member States shall communicate to the Commission the
text of the main provisions of national law which they adopt
in the field covered by this Directive.

Article 3

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

Article 4

This Directive is addressed to the Member States.

Done at Strasbourg, 9 March 2005

For the European Parliament
The President
J. P. BORRELL FONTELLES

For the Council
The President
N. SCHMIT