CELEX: 51983PC0638
Language: en
Date: 1983-10-28
Title: AMENDED PROPOSAL FOR A COUNCIL DIRECTIVE ON CONTAINERS OF LIQUIDS FOR HUMAN CONSUMPTION

17. 11. 83                         Official Journal of the European Communities                                    N o C 312/9
                                                        Conditions of use                 Maximum residues in the
              EEC No          Name              (summary description of extraction)        extracted food or food
                                                                                                  ingredient
                        Dichloromethane      Decaffeination of, or removal of,          10 mg/kg in the coffee or
                                             irritants and bitterings from coffee       tea
                                             and tea
                                             Preparation of flavourings from na-        1 mg/kg in the food
                                             tural flavouring materials                 containing the flavouring
                        Trichloroethylene    Production or fractionation of fats        5 mg/kg in the fat or oil
                                             and oils
                                             Production of cocoa butter                 5 mg/kg in the cocoa
                                                                                        butter
                                             Decaffeination of, or removal of,          5 mg/kg in the coffee or
                                             irritants and bitterings from coffee       tea
                                             and tea
                                             Preparation of flavourings from na-        1 mg/kg in the food
                                             tural flavouring materials                 containing the flavouring
                        Anhydrous solu-      Preparation of protein         products    20 mg/kg of the alcohol
                        tion of ammonia      and defatted wheat flour                   in the protein product or
                        in methanol,                                                    flour
                        ethanol, propan-
                        l-ol, propan-2-ol
                        or butan-2-ol
             Amendment to the Amended proposal for a Council Directive on containers of liquids for
                                                 human consumption (')
                                                    COM(83) 638 final
             (Submitted by the Commission to the Council, pursuant to Article 149 (2) of the EEC Treaty
                                                   on 3 November 1983)
THE COUNCIL OF THE EUROPEAN                                        alia the importance of re-using or recycling the
COMMUNITIES,                                                       various materials contained in waste;
Having regard to the Treaty establishing the                       Whereas Article 3 of Council Directive 75/442/EEC
European Economic Community, and in particular                     of 15 July 1975 on waste (4) calls for the
Article 235 thereof,                                               implementation of measures to encourage the
                                                                   prevention, recycling and processing of waste;
Having regard to the proposal from the Commission,
                                                                   Whereas, at its meeting of 9 April 1979, when
                                                                   examining the communication from the Commission
Having regard to the opinion of the             European
                                                                   on the tightening-up of the Community's environ-
Parliament,
                                                                   mental policy (5), the Council called on the
                                                                   Commission to propose appropriate measures to
Having regard to the opinion of the Economic and                   promote inter alia the standardization of containers
Social Committee,                                                  of liquids for human consumption ( 4 );
Whereas the first action programme of the European                 Whereas         containers       of    liquids for   human
Communities on the environment (2) recognizes the                  consumption account for a significant proportion of
need for Community action relating to certain types                urban waste and are a source of litter; whereas the
of waste, including used containers; whereas the                   cost of collecting and disposing of household waste is
second action programme of the                  European           a matter of growing concern to local authorities arid
Communities on the environment (3) emphasizes inter                Governments in the Member States;
O OJ No C 204, 13. 8. 1981, p. 6.                                  (4) OJ No L 194, 25. 7. 1975, p. 47.
O OJ No C 112, 20. 12. 1973, p. 1.                                 0) COM(79)144 final, 22. 3. 1979.
O OJ No C 139, 13. 6. 1977, p. 33.                                 (*) Document 6755/79 (ENV/73), 29. 5. 1979.
 ---pagebreak---  N o C 312/10                         Official Journal of the European Communities                              17.11.83
Whereas the environmental impact of used containers               HAS ADOPTED THIS DIRECTIVE:
 should be reduced and a reduction in the
 consumption      of    energy     and    raw     materials
                                                                                          Article 1
encouraged;
                                                                 The objective of this Directive is to provide for a
                                                                 series of measures in the fields of:
Whereas Member States should fix the objectives to
be progressively attained in respect of the increase in          — the reduction of tonnage and/or volume of
the quantities of containers refilled and/or recycled                container's of liquids for human consumption,
and the reduction in the tonnage and/or volume of
containers in household waste; whereas, moreover,                — the encouragement of the use of containers which
for reasons of hygiene or because of special regu-                   may be refilled and recycled.
lations it is impossible, in respect of certain containers
of liquids for human consumption, such as for
example those of vinegar and olive oil, for them to be                                    Article 2
refilled;                                                        For the purposes of this Directive:
                                                                 (a) 'liquids for human consumption' means the
Whereas in order to attain these objectives, Member
                                                                     liquids for human consumption listed in the
States should take all necessary and appropriate
                                                                     Annex;
measures,      whether      by    law,    regulation    or
administrative means or by voluntary agreements,                 (b) 'container' means any bottle, can, jar, carton or
concerning the recovery of waste, technological                      any other type of initially sealed container
innovation and consumer education;                                   (excluding barrels and casks) which contains a
                                                                     liquid for human consumption and is made of
Whereas Member States should gather data to enable                   glass, metal, plastic, paper or any other material.
an assessment to be carried out of the progress made,
and should send these data to the Commission in the                                       Article 3
form of a four-yearly report;
                                                                 In order to attain the objectives fixed in Article 1,
                                                                 Member      States    shall     draw    up   four-yearly
Whereas the measures taken by Member States to                   programmes, for the first time in 1984 for the period
comply with this Directive should not be at variance             1985 to 1988.
with the provisions of the Treaty, and in particular
with those concerning the free movement of goods;
                                                                                          Article 4
Whereas, to achieve one of the aims set out in this              Member      States     shall    promote    technological
Directive, a Member State may give its preference to             innovation with a view to reducing the weight and
one or other action by the provisions which it deems            volume of containers and making energy savings,
to be the most appropriate, but it may not obstruct             whilst respecting the necessary safety conditions.
the introduction onto its home market of containers
which do not conform to its chosen system but which                                       Article 5
conform with the rules in force in another Member
State which has given preference to another means of             Meber States shall take measures relating to the use
action;                                                          of packaging wastes in particular by:
                                                                 (a) promoting selective collection of containers;
Whereas the Commission should be notified of such
measures at the draft stage so that it can examine               (b) encouraging the development of              effective
whether they are in line with this Directive and the                 processes to separate containers from household
EEC Treaty and, where appropriate, ask Member                        waste;
States to suspend the introduction of such measures
in order to enable it to prepare proposals in this area          (c) promoting outlets for the materials recovered
and submit them to the Council;                                      from waste containers.
Whereas it may be necessary to augment the                                                Article 6
provisions of the Directive in the light of experience           Every four years and for the first time on 1 January
gained;                                                          1988, Member States shall draw up a report on the
                                                                 measures they have adopted and the results obtained.
Whereas the Treaty has not provided the necessary                These reports shall be sent to the Commission which
powers, and recourse should therefore be had to                  shall draw up a consolidated report for the Council
Article 235 thereof;                                             and the European Parliament.
 ---pagebreak--- 17.11.83                               Official Journal of the European Communities                           NoC312/ll
                          Article 7                                  voluntary agreements by which they implement this
                                                                     Directive.
During the course of 1989 the Commission shall
examine the operation of the Directive in the light of               Before adopting such measures, member States shall
available technical and economic information and the                 notify the draft texts to the Commission in order to
reports sent by the Member States to the Commission                  permit the latter to examine whether they are in
and shall make any proposals which it considers                      accordance with the requirements of Community law
necessary for supplementing this Directive.                          and, where appropriate, to ask Member States to
                          Article 8                                  suspend their adoption to permit a proposal for a
                                                                     Community measure on the same subject to be drawn
Member States shall bring into force the measures                    up by the Commission.
necessary to comply with this Directive by 1 January
1985 at the latest and they shall inform the
                                                                                             Article 9
Commission of the national laws, regulations and
administrative provisions which they adopt and the                   This Directive is addressed to the Member States.
                                                            ANNEX
              1. (a) Wine of fresh grapes (CCT subheading ex 22.05 C)
                 (b) Other still fermented beverages, for example cider, perry and mead (CCT subheading 22.07
                     B II)
                 (c) Vermouths, and other flavoured wines of fresh grapes (CCT heading No 22.06); liqueur
                     wines (CCT subheading ex 22.05 C)
             2. (a) Sparkling wines (CCT subheading 22.05 A + B)
                 (b) Other sparkling fermented drinks, for example cider, perry and mead (CCT subheading
                     22.07 B I)
              3. Beer (CCT heading No 22.03)
             4. Spirits and other spirituous beverages (CCT heading No 22.09)
              5. Vinegar and substitutes for vinegar (CCT heading No 22.10)
             6. Edible oils (CCT subheading 15.07 A I) (CCT subheading 15.07 D II)
              7. Milk and milk-based beverages sold by volume (CCT heading No 04.01) (excluding yoghourt
                 and kephir)
              8. (a) Waters, including spa waters and aerated waters (CCT heading No 22.01)
                 (b) Lemonade, flavoured spa waters and flavoured aerated waters, and other non-alcoholic
                     beverages, not including fruit and vegetable juices (CCT subheading 22.02 A)
              9. Fruit juices and vegetables juices (CCT heading No 20.07)