2005/270/EC: Commission Decision of 22 March 2005 establishing the formats relating to the database system pursuant to Directive 94/62/EC of the European Parliament and of the Council on packaging and packaging waste (notified under document number C(2005) 854) (Text with EEA relevance)
Date: 2005-03-22
Institutions: European Commission
Subjects: database, energy production, information system, packaging, waste incineration, waste management, waste recycling

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II

(Acts whose publication is not obligatory)

COMMISSION

COMMISSION DECISION

of 22 March 2005

establishing the formats relating to the database system pursuant to Directive 94/62/EC of the
European Parliament and of the Council on packaging and packaging waste

(notified under document number C(2005) 854)

(Text with EEA relevance)

(2005/270/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

(5)

The measures provided for
in this Decision are in
accordance with the opinion of the Committee estab-
lished pursuant to Article 21 of Directive 94/62/EC,

Having regard to the Treaty
Community,

establishing the European

regard to Directive 94/62/EC of

the European
Having
Parliament and of
the Council of 20 December 1994 on
packaging and packaging waste (1), and in particular Article
12(3) thereof,

Whereas:

established
for

The
formats
in Commission Decision
97/138/EC (2),
the provision of harmonised data
within the framework of Directive 94/62/EC, should be
revised and simplified in order to take into account the
experience with their application.

Those formats should reflect the targets laid down in
Directive
by Directive
2004/12/EC.

94/62/EC,

amended

as

HAS ADOPTED THIS DECISION:

Article 1

This Decision establishes the formats for the database system on
packaging and packaging waste provided for in Article 12 of
Directive 94/62/EC.

Article 2

In addition to the relevant definitions set out in Article 3

1.
of Directive 94/62/EC, the following definitions shall apply:

In order to guarantee the comparability of data between
the Member States, it is appropriate to lay down detailed
rules concerning the data to be contained in the formats
and to allow Member States to provide further data on a
voluntary basis.

(a)

‘composite packaging’ means packaging made of different
materials which cannot be separated by hand, none
exceeding a given percentage by weight;

the number of amendments

In view of
to Decision 97/138/EC,
therefore
Decision should be replaced for the sake of clarity.

be made

that must
that

(1) 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).

(2) OJ L 52, 22.2.1997, p. 22.

(b)

‘generated packaging waste’ means
amount of
packaging that becomes waste within the meaning of
Article 1 of Council Directive 75/442/EEC (3) within the
territory of a given Member State, after having been used
to contain, protect, handle, deliver and present goods;

the

(3) OJ L 194, 25.7.1975, p. 39.

(1)

(2)

(3)

(4)

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(c)

(d)

(e)

(f)

‘recovered packaging waste’ means
the quantity of
packaging waste generated in a Member State that
is
recovered, irrespective of whether the packaging waste is
recovered within the Member State,
in another Member
State or outside the Community;

In particular for materials occurring in smaller quantities and
those not mentioned in this Decision, estimates may be used.
These estimates shall be based on the best information available
and shall be described in accordance with Article 7.

‘packaging waste recovered or incinerated at waste incin-
eration plants with energy recovery’ means the quantity of
packaging waste generated in a Member State that
is
recovered or incinerated at waste incineration plants with
energy recovery,
irrespective of whether the packaging
waste is recovered or incinerated at waste incineration
plants with energy recovery within the Member State, in
another Member State or outside the Community;

‘recycled packaging waste’ means the quantity of packaging
waste generated in a Member State that is recycled, irre-
spective of whether the packaging waste is recycled within
the Member State, in another Member State or outside the
Community;

recovery or

‘rate of
incineration at waste incineration
plants with energy recovery’ for the purposes of Article
6(1) of Directive 94/62/EC means the total quantity of
packaging waste recovered or incinerated at waste incin-
eration plants with energy recovery, divided by the total
quantity of generated packaging waste;

2.
Reusable packaging shall be considered to be placed on
the market when it is made available for the first time, together
with the goods it is intended to contain, protect, handle, deliver
or present.

Reusable packaging shall not be considered packaging waste
when it is sent back for reuse. Reusable packaging shall not
be considered to be placed on the market as packaging when it
has been reused with a good and is made available again.

Reusable packaging discarded at the end of its useful life shall
be considered packaging waste.

For the purposes of this Decision, packaging waste generated in
a particular Member State from reusable packaging may be
deemed to be equal
to the amount of reusable packaging
placed on the market within that Member State in the same
year.

Composite packaging shall be reported under the predo-

3.
minant material by weight.

Additionally,
composite materials may be provided on a voluntary basis.

separate data on recovery and recycling of

(g)

‘recycling rate’ for the purposes of Article 6(1) of Directive
94/62/EC means the total quantity of recycled packaging
waste, divided by the total quantity of generated packaging
waste.

Generated packaging waste, as referred to in paragraph
2.
1(b), shall not include any kind of residues from the production
of packaging or packaging materials, or
from any other
production process.

For the purposes of this Decision, packaging waste generated in
a Member State may be deemed to be equal to the amount of
packaging placed on the market in the same year within that
Member State.

4.
The weight of recovered or recycled packaging waste shall
be the input of packaging waste to an effective recovery or
recycling process. If the output of a sorting plant is sent to
effective recycling or recovery processes without significant
losses,
to be the
is acceptable to consider
weight of recovered or recycled packaging waste.

this output

it

Article 4

Packaging waste exported out of the Community shall be
1.
counted as recovered or recycled only if there is sound evidence
that the recovery and/or recycling took place under conditions
that
to those prescribed by the
are broadly equivalent
Community legislation on the matter.

2.
shall
Transboundary movements of packaging waste
comply with Council Regulation (EC) No 259/93 (1) Council
Regulation (EC) No 1420/1999 (2), and Commission Regulation
(EC) No 1547/1999 (3).

Article 3

The data for total packaging shall cover all packaging as

1.
defined in Article 2(1) and 3(1) of Directive 94/62/EC.

(1) OJ L 30, 6.2.1993, p. 1.
(2) OJ L 166, 1.7.1999, p. 6.
(3) OJ L 185, 17.7.1999, p. 1.

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the Community which is

Packaging waste generated in another Member State or
recovery or
counted as
recycled in the Member State to which this

3.
outside
recycling to a Member State
recovered or
packaging waste was sent.

sent
for
shall not be

Article 5

The weight of recovered or recycled packaging waste shall
1.
be measured using a natural humidity rate of the packaging
waste comparable to the humidity of equivalent packaging
put on the market.

recovered or

Corrections shall be made to measured data relating to the
weight of
the
humidity rate of that packaging waste regularly and significantly
differs from that of packaging placed on the market and if this
factor risks leading to substantial over- or underestimates of
packaging recovery or recycling rates.

recycled packaging waste,

if

The tables shall cover the whole of each calendar year, and shall
be submitted to the Commission, without prejudice to Regu-
lation (EC) No 2150/2002 of the European Parliament and of
the Council (1), within 18 months of the end of the relevant
year.

The Commission shall make these data available on a public
website.

Member States shall send, together with the completed tables,
an appropriate description of how the data have been compiled.
That description shall also give an explanation of any estimates
used.

Article 8

Member States may provide, on a voluntary basis, such further
data on packaging and packaging waste as is available.

Those corrections shall be limited to exceptional cases, caused
by specific climatic or other conditions.

Such data may include the following:

Significant corrections shall be reported in the descriptions
relating to the data compilation, provided for in the fourth
paragraph of Article 7.

(a) data on production,

exports

and imports of

empty

packaging;

The weight of recovered or recycled packaging waste shall,
2.
as far as is practical, exclude non-packaging materials collected
together with the packaging waste.

(b) data on reusable packaging;

recycled packaging waste,

Corrections shall be made to the data relating to the weight of
recovered or
if non-packaging
materials
to an effective recovery or
recycling process risk leading to substantial over- or underes-
timates of packaging recovery or recycling rates.

in the waste sent

No corrections shall be made in the case of small amounts of
non-packaging materials, or for such contamination as can
regularly be found in packaging waste.

Significant corrections shall be reported in the descriptions
regarding the data compilation, provided for in the fourth
paragraph of Article 7.

Article 6

In Articles 3, 4 and 5 the provisions on recovery shall apply
mutatis mutandis to packaging waste incinerated at waste incin-
eration plants with energy recovery.

(c) specific sub-fractions of packaging such as composite

packaging;

(d) concentration levels of heavy metals present in packaging
within the meaning of Article 11 of Directive 94/62/EC, and
the presence of noxious and other hazardous substances
and materials within the meaning of the third indent of
point 1 of Annex II to that Directive;

(e) packaging waste considered to be hazardous owing to
contamination by product contents, within the meaning
of Council Directive 91/689/EEC (2)
and Commission
Decision 2000/532/EC (3).

Article 9

The Member States shall provide the data using the formats set
out in the Annex beginning with the data for 2003.

Article 7

Decision 97/138/EC is repealed.

The Member States shall complete the tables shown in the
Annex on an annual basis and shall
send them to the
Commission electronically.

(1) OJ L 332, 9.12.2002, p. 1.
(2) OJ L 377, 31.12.1991, p. 20.
(3) OJ L 226, 6.9.2000, p. 3.

Article 10

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This Decision is addressed to the Member States.

Article 11

Done at Brussels, 22 March 2005.

For the Commission

Stavros DIMAS
Member of the Commission

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ANNEX

TABLE 1

Quantities of packaging waste generated in the Member State and recovered or incinerated at waste incineration
plants with energy recovery within or outside the Member State

Recovered or incinerated at waste incineration plants with energy recovery by

Material

Packaging
waste
generated

Material
recycling

Other
forms of
recycling

Total
recycling

Energy
recovery

Other
forms of
recovery

Incineration
at waste
incinerators
with energy
recovery

(Tonnes)

Total
recovery and
incineration
at waste
incinerators
with energy
recovery

(a)

(b)

(c)

(d)

(e)

(f)

(g)

(h)

Glass

Plastic

Paper and board

Aluminium

Steel

Total

Total

Metal

Wood

Other

Notes:

1. White boxes: Provision of data is mandatory. Estimates may be used though they should be based on empirical data and explained in the description of the

methodology.

2. Light shaded boxes: Provision of data is mandatory, but rough estimates are acceptable. These estimates should be explained in the description of the methodology.

3. Dark shaded boxes: Provision of data is voluntary.

4. For the purpose of this decision, the data on material recycling for plastics shall include all material recycled back into plastics.

5. Column (c) includes all forms of recycling including organic recycling but excluding material recycling.

6. Column (d) must be the sum of columns (b) and (c).

7. Column (f) includes all forms of recovery excluding recycling and energy recovery.

8. Column (h) must be the sum of columns (d), (e), (f) and (g).

9. Rate of recovery or incineration at waste incineration plants with energy recovery for the purpose of Article 6(1) of Directive 94/62/EC: Column (h)/column (a).

10. Recycling rate for the purpose of Article 6(1) of Directive 94/62/EC: Column (d)/column (a).

11. The data for wood shall not be used for the purpose of evaluating the target of a minimum of 15 % by weight for each packaging material, as provided for in article

6(1)(c) of Directive 94/62/EC, as amended by Directive 2004/12/EC.

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Quantities of packaging waste sent to other Member States or exported outside the Community for recovery or
incineration at waste incineration plants with energy recovery

TABLE 2

Packaging waste sent to other Member States or exported outside the Community for

(Tonnes)

Material

Material recycling

Other forms of
recycling

Energy recovery

Other forms of
recovery

Incineration at waste
incineration plants
with energy recovery

Glass

Plastic

Paper and board

Metal

Wood

Other

Notes:

Aluminium

Steel

Total

Total

1. The data in this table refer only to quantities that are supposed to be counted under the obligations of Directive 94/62/EC. They are a subset of the data already provided

in table 1. This table is for information purposes only.

2. Light shaded boxes: Provision of data is mandatory, but rough estimates are acceptable. These estimates should be explained in the description of the methodology.

3. Dark shaded boxes: Provision of data is voluntary.

4. For the purpose of this decision, the data on material recycling for plastics shall include all material recycled back into plastics.

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Quantities of packaging waste generated in other Member States or imported from outside the Community and
sent to the Member State for recovery or incineration at waste incineration plants with energy recovery

TABLE 3

Packaging waste generated in other Member States or imported from outside the Community and sent to the Member
State for:

Material recycling

Other forms of
recycling

Energy recovery

Other forms of
recovery

Incineration at waste
incineration plants
with energy recovery

(Tonnes)

Material

Glass

Plastic

Paper and board

Aluminium

Steel

Total

Total

Metal

Wood

Other

Notes:

1. The data in this table are provided for information purposes only. They are neither contained in table 1 nor can they be counted for the fulfilment of targets by the

concerned Member State.

2. Dark shaded boxes: Provision of data is voluntary.

3. For the purpose of this decision, the data on material recycling for plastics shall include all material recycled back into plastics.