CELEX: 51993PC0416
Language: en
Date: 1993-09-09
Title: Amended proposal for a COUNCIL DIRECTIVE on Packaging and Packaging Waste

COMMISSION OF THE EUROPEAN COMVIUNITIES
                                                     COM(93) 416 final - SYN 436
                                                     Brussels,  9 September 1993
                                 Amended proposal for a
                                    CQUNCIL DIRECTIVE
                             on Packaging and Packaging Waste
                (presented by the Commission pursuant to Article 149(3)
                                   of the EEC-Treaty)
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 ---pagebreak---                           EXPLANATORY MEMORANDUM
Pursuant to article 149(3) of the EEC Treaty, the Commission submits an
amended proposal for a Council Directive on packaging and packaging
waste^ 1 ). The amended proposal takes account of a number of
amendments from the European Parliament adopted at its June 1993^ 2 ^
Plenary Session and from the Economic and Social Committee^ 3 ).
The definitions for prevention, recycling, reusable packaging and
economic operators have been made more precise and some other useful
definitions for small packaging, biomethanization and composting have
been introduced.
The Commission has accepted Parliament's proposal to set a limit of 5
years to attain the intermediate targets as this will contribute to
harmonization and will provide an incentive to start important action
from the outset.
 In addition the Commission accepts the mention in article 4 that Member
States shall take action to promote the reuse of recycled packaging
waste in the production of packaging . The Commission also finally
decided not to accept the amendment on minimum proportion of recycled
material as it is premature and would cause major problems for
 implementation and control. As an alternative approach, Article 12 on
Standardization is amended in order to mention explicitly the setting
up of standards for the minimum content of recycled material.
The importance of the targets is also reinforced by the acceptance of
the proposal concerning their publication in the Offical Journal and
the information campaigns about them.
The mention in Article 5 of small and medium sized enterprises is also
accepted as this is important and reinforces the provisions already
established in Article 8.
A number of accepted amendments reinforce and clarify Article 6 on
Markings, and it should be noted in particular that there is a new
provision indicating that markings shall enter into force
simultaneously.
Article 15 on Freedom to place on the Market remains unchanged but its
counterpart in Article 7 has been amended in order to make the two
texts more parallel, so that the mention of packaging allowed to be
placed on the market relates now to the Directive and not uniquely to
Annex I I.
The database constitutes an important pillar for the implementation of
the Directive and accordingly it has been considered useful to accept
the amendment on the requirement of information to all economic
operators.
(1) O.J. C263 of 12 October 1992
(2) PE 173.750 (Minutes of the sitting of 24 June 1993)
(3) O.J. C129 of 10 May 1993
 ---pagebreak---                                      11
The consumer is c&iied upon to play a key role for the successful
 Implementation of the ruunagumsnt systems. The amendant setting an
upper limit of 2 years within which to take measures concerning
consumer information has therefore bs»on accepted.
The Commission has decided to follow the advice of the Parliament to
reinforce Article 11 on economic instruments by making explicit mention
of the avoidance of distortion of competition and obstacles to trade,
and the criteria of causality, proportionality, non-discrimination, as
well as compatibility with other tax legislation. At the same time it
has been considered important to indicate the report to the Commission
of these instruments as well as to state that they must take into
account the "polluter pays" principle.
The Commission accepts the amendment of the Parliament establishing
individual limits for each heavy matai and a single time limit of 5
years, but only the four metals included in the original Proposal are
considered.
The introduction of fully biodegradable packaging in the requirements
for the recoverable nature of packaging constitutes an element which
contributes to a more balanced scope for this management option.
The Commission decided not to accept the amendment introducing a rigid
hierarchy for waste management as the idea of a strategy is already
established in the framework directive on waste and there is also a
need to be flexible in order to be able to apply the most appropriate
measures for the different particular conditions and preserve the
principle of conditional equivalence between reusable and recoverable
packaging.
Amendments concerning the scope (Article 2) have been rejected by the
Commission because a comprehensive approach is sought which covers all
kinds of packaging and the particular problems related to some kinds of
packaging are covered appropriately by the Committee procedures as
indicated in Article 16 on Adaptation to Scientific and Technical
Progress.
The Commission rejected a number of amendments regarding the
modification of targets and the Committees because the procedures
proposed would be too rigid and there is a need for procedures which
allow an effective implementation of the tasks required by this
Di rect ive.
As for the amendments concerning the information systems, they have not
been accepted because, as indicated above, they form a basic element of
the Directive as it is of vital importance to obtain information on the
evolution within the sector, in particular to verify compliance with,
and feasibility of, targets, and accordingly it is not appropriate to
leave this issue pending for further evaluation by the Committee.
 ---pagebreak--- A number of elements proposed by the Parliament in relation to economic
instruments have not been accepted, either because they are considered
to be premature at this stage, although the door is left open for a
possible adoption by the Council in the future, or because, and this
relates in particular to charges for incineration and landfill, it is
considered that these basic issues should be dealt with in a more
general context of waste management policies rather than within the
framework of a sectorial provison.
The amendments relating to third countries have been considered as
unnecessary as the Directive applies to all packaging placed on the
market In the Community and any specific problems should be solved at
GATT level.
The Commission is aware of the importance of consumer information and
action in the field of research and development but is is not in a
position to accept the corresponding amendments of the Parliament which
would impose rigid constraints and would at the same time interfere
with existing procedures already in force for these horizontal issues.
The particular amendment on movements of packaging waste deals with a
very sensitive question but it has been rejected because this is a
general waste management problem where packaging constitutes only one
element, and this Directive provides, as a whole, a contribution to a
global solution to the problem.
Finally, the Commission considers the amendment on restrictions of a
number of substances as premature but the possibility to develop
appropriate provisions in the future is left open.
 ---pagebreak---                                                                - .1 -
                                                    Amended Proposal for a
                                                         COUNCIL DIRECTIVE
                                            on Packaging and Packaging Waste
             ORIGINAL TEXT                                                     AMENDED TEXT
THE COUNCIL OF THE EUROPEAN COMMUNITIES,
Having regard to die Treaty establishing the European
Economic Community, and in particular Article 100a
thereof,
Having regard to the proposal from the Commission,
In cooperation with the European Parliament,
Having regard to the opinion of the Economic and Social
Committee,
 1. Whereas the communication from the Commission to
     the Council and to Parliament on a Community Strategy
     for Waste Management ('), adopted by the Council in
     its resolution of 7 May 1990 (2) underlines the following
     hierarchy for waste management: prevention first;
     recovery and in particular recycling, second, and final
     disposal only as a last resort;
                                                                           1a     Whereas the best means of
                                                                                  preventing  the creation of
                                                                                  packaging waste is to reduce
                                                                                  the    overall    volume    of
                                                                                  packaging;
                                                                            1b.    Whereas, however, packaging
                                                                                   has   a   vital   social   and
                                                                                   economic function and whereas
                                                                                   reducing    the   volume    of
                                                                                   packaging       should    not
                                                                                   jeopardize the quality of the
                                                                                   products and consumer health;
      Whereas packaging waste contributes in a great
      proportion to the increase in the volume of waste and to
      the saturation of landfills and if not recovered and in
     particular not recycled, packaging waste presupposes a
     waste of raw materials and energy;
(') SEQ89) 934 final, 18 September 1989.
(2) OJ No C 122, 18. 5. 1990, p . 2.
 ---pagebreak---                                                                 - 2 -
              ORIGINAL TEXT                                           AMENDED TEXT
     Whereas Council Directive 85/339/EEC of 27 June
      1985 on containers of liquids for human
     consumption (3) was the first step in reducing the
     environmental impact of packaging and packaging
     waste;
     Whereas a sectoral or a one-sided approach is no longer
      justified and Community policy must be orientated
      towards all kinds of packaging waste whether it is
      released at industrial, commercial, office, shop, service
      or household level; whereas, therefore, Directive
      85/339/EEC should be replaced by a new directive
      with the widest possible scope;
 5. Whereas, as long as life-cycle assessments jusdfy no
     dear hierarchy, reusable packaging and recoverable
     packaging waste and in particular, recyclable packaging
     waste are to be considered as equal valid methods for
     reducing the environmental impact of packaging and
     this requires the setting up in the Member States of
     systems guaranteeing the return of used packaging
     and/or packaging waste;
                                                                                             and whereas
                                                                        life-cvcle assessments should be
                                                                       completed as soon as possible to
                                                                        justify a clear hierarchy between
                                                                       reusable.      recyclable      and
                                                                       recoverable packaging;
    Whereas on the basis of several life-cycle assessments it
    can be stated that from an environmental point of view
    recycling must constitute an important part of recovery,
    mainly for the reason that energy and raw material
    requirements and discharges decrease if the waste is
    recycled and the processed material is used in new
    production processes;
7. Whereas the current differences in national provisions
    concerning the management of packaging and
    packaging waste are liable to distort competition and
    affect the free movement of goods in the internal
    market, and give rise to differences in the level of
    protection of the environment;
(') OJ No L 176, 6. 7. 1985, p. 18.
 ---pagebreak---                                                                 - 3 -
              ORIGINAL TEXT                                             AMENDED TEXT
                                                                          Wheteas it      i s necessary     lu
                                                                          approximate     measures    to    be
   Whereas it is necessary to approximate measures to be                  undertaken by Member         States
   undertaken by Member States dealing with the                           dealing with the management of
                                                                          packaging waste in order to
   management of packaging waste in order to contribute                   contribute to the completion cf
   to the completion of the internal market, avoid obstacles              the    internal    market,     avoid
   to trade and distortion and restriction of competition                 obstacles to trade and distorticn
                                                                          and restriction of compétition
   within the Community and to ensure a high level of                     within the Community and to
   protection of the environment;                                         ensure a high level of protection
                                                                          of    the environment      and cf
                                                                          conswers;
9. Whereas, in order to contribute to the establishment and
   smooth functioning of the internal market, it appears
   necessary to harmonize national provisions concerning
   the management of packaging and packaging waste and
   this by the:
        introduction of harmonized measures,
        definition of harmonized essential requirements and
        standards, and
        establishment of criteria with       which  national
        measures have t o comply;
                                                                           introduction           of      measures      to
                                                                           ensure t h a t employment—is.—not
                                                                           -jeopardized                    and        tike
                                                                           competitiveness of b u s i n e s s e s i s
                                                                           not undermined^
 10. Whereas the existence of different targets in Member
      States regarding the recovery and the recycling of
      packaging waste, can create unjustified barriers to trade
      and lead t o distortion o f competition; whereas it is
      therefore important to harmonize from n o w on such
      targets to be attained by the Member States, taking a
      high level of protection of the environment;
 11. Whereas, in order to avoid obstacles to trade and                11.    Whereas, In order to avoid
      distortion of competition, it is necessary to define the               obstacles          to        trade      and
      essential requirements as related to the composition and               distortion of competition, It
      the nature of reusable and recoverable packaging;
                                                                              Is necessary to define the
      whereas the national provisions relating to the
      production and marketing of packaging and the                          essential          requirements          as
      management of packaging waste shall abide by these                     related to the composition
      essential requirements;                                                and the nature of reusable
                                                                             and recoverable                   Including
                                                                             recyclable packaging; whereas
                                                                             the       national             provisions
                                                                             relating to the production
                                                                             and marketing of packaging
                                                                             and       the        management          of
                                                                             packaging waste shall abide
                                                                             by            these             essential
                                                                             requirements;
 ---pagebreak---                                                                      - 4 -
              ORIGINAL TEXT                                                      AMENDED TEXT
                                                                            11a. Whereas, .to. faclIitate the
                                                                                 achievement        of        this
                                                                                 Direct ive's objectives.        it
                                                                                 may   be   necessary     to use
                                                                                 economic instruments ; whereas
                                                                                 such   incentives should be
                                                                                 used in accordance with the
                                                                                 provisions of the Treaty in
                                                                                 order to avoid new forms of
                                                                                 protect ion ism;
                                                                           12. Whereas it is necessary that the
12. Whereas it is necessary that the return systems to be set
     up shall be designed in such a way as to avoid barriers to
                                                                                recovery and return systems to
     trade and distortion of competition;                                       be set up shall be designed in
                                                                                such a way as to avoid barriers
                                                                                to trade and distortion of
                                                                                competition and to guarantee the
                                                                                maximum    possible    return     ©f
                                                                                packaging and packaging waste;
  13. Whereas the need is felt that to reach the
       abovementioned objectives, quantified targets must be
       defined;
  14. Whereas the provisions of this Directive should
       contribute to maintaining and improving upon the level
       of reuse, recycling and recovery of packaging and
       packaging waste which has been achieved at the time of
       implementation of this Directive;
  15. Whereas it is necessary to minimize the total impact on
       the environment of packaging and packaging waste,
       taking into account not only quantitative but also
       qualitative aspects and chemical composition;
 16. Whereas the presence of noxious metals in packaging is
      part of the total concern in the light of their likely
                                                                           16.  Whereas the presence of noxious
      presence in emissions or ash when packaging is                            metals and other substances in
      incinerated, or in leachate when packaging is landfilled;                 packaging should be limited in
      whereas it is desirable as a first step to reduce the toxicity            view of their environmental
      of packaging waste to avoid the addition of the noxious                   impact ( in particular in the
      heavy metals to packaging;                                                light of their likely presence
                                                                                in   emissions    or    ash    when
                                                                                packaging is incinerated, or in
                                                                                leachate when packaging is land-
                                                                                filledl;       whereas     it     is
                                                                                essential   as    a  first     step
                                                                                towards reducing the toxicity of
                                                                                packaging waste, to prevent the
                                                                                addition of the noxious heavy
                                                                                metals to packaging and ensure
                                                                                that such substances are not
                                                                                released into the environment;
 ---pagebreak---                                                                  - 5
              ORIGINAL TEXT                                                AMENDED TEXT
                                                                      17.   Whereas a limited number of
17. Whereas Community markings are needed to indicate
    the reusable and/or recoverable nature of packaging                     Community             markings,       easlIv
    and for the identification of the nature of the packaging                recoan i zabIe for consumers.
    material in order to inform consumers, communities                      are needed to indicate the
    and industrial operators of the correct way to deal with                reusable and/or                recoverable
    used packaging and packaging waste, to facilitate                        Including            recyclable nature
    collection, sorting, reuse and recovery activities and to               of        packaging         and   for    the
    avoid obstacles to trade;
                                                                             identification of the nature
                                                                            of the packaging material in
                                                                            order           to    Inform consumers,
                                                                            communities              and    industrial
                                                                            operators of the correct way
                                                                            to deal with used packaging
                                                                            and          packaging        waste,       to
                                                                            facilitate                     collection,
                                                                            sorting, reuse, and recovery
                                                                             including                       reeve I ino
                                                                            activities              and     to     avoid
                                                                            obstacles                  to        trade-,
                                                                     17a.    Whereas, t o promote recycling
                                                                             objectives               and       prevent
                                                                             d i s t o r t i o n of competition and
                                                                             trade            in    the     Community,
                                                                             markets i n recycled packaging
                                                                             materials must be developed
                                                                             and expanded
                                                                      17b.  Whereas             the    inclusion      gjt
                                                                            recycled                mater I a I     _..Jn
                                                                            packaging                 should         not
                                                                            contradict                        existIno
                                                                            provisions on hygiene, health
                                                                           and                consumer          safety-.
      Whereas the need for Community-wide data on the
      volume, weight and type of packaging and packagir
      waste has to be recognized in order to evaluate tni
      achievement of objectives, the effectiveness of measures
      and to enable further initiatives to be taken with respect
      to the packaging waste problem;
 19. Whereas the consumer plays a key role in the
      management of packaging and packaging waste and
      thus has to be adequately informed in order to adapt his
      behaviour and attitude; whereas it is essential that
      enterprises become more conscious of the extent to
      which their products and packaging become waste, and
      that they accept responsibility for such waste and that
      the development and implementation of measures shall
      involve and require the close cooperation of all the
      partners within a spirit of shared responsibility;
 ---pagebreak---                                                               - 6 -
                 ORIGINAL TEXT                                                  AMENDED TEXT
20. Whereas Member States shall take into account, when
     adopting measures to implement this Directive, the
     problems which will result for small and medium-sized
     enterprises (SMEs), on condition th*( this does n p t
     affect the provisions of this Directive or of Community
     law;
                                                                                                            ;ates and the
                                                                        Commission, when adopting measures t o
                                                                         aoolv t h i s D i r e c t i v e , must take i n t o
                                                                         account the s p e c i a l nature of islands
                                                                         i n t h e Community a s regards t h e s i r e
                                                                         of tft?market and t h e economic c o s t
                                                                         Çf tri
21. Whereas economic instruments can have a considerable              21.   Whereas     economic            instruments
     impact on the management of packaging waste by                         will      have        a        considerable
     promoting and funding more environmentally sound                       positive         impact           on    the
     practices;                                                             management of packaging and
                                                                            packaging waste by promoting and
                                                                            finding     more          environmentally
                                                                            sound practices;
                                                                      21a.      Whereas, in order to achieve
                                                                                the    objectives             of   £hifi
                                                                                Directive.
                                                                                should take steps to encourage
                                                                                research and development:
  22. Whereas, in order to avoid discrimination, the measures
       taken by Member States to achieve the objectives must
       be integrated into a policy which covers all packaging
       and packaging waste and is not limited to any specific
       type of packaging or packaging material, a product or
       category of products;
                                                                    22a,
                                                                                        ir_§tfites_j
                                                                             part of a Community
                                                                             strategy that takes a<
                                                                             their environmental. social,
                                                                             regional and industrial impact
                                                                              in order to prevent distort ton
                                                                             of competition and disparities,
                                                                             between the various_JCotaaunlty.
                                                                             Member States with^gesj
                                                                             waste management;
                                                                    22b.     Whereas      a         directive      on
                                                                             packaging waste should also
                                                                             existing Community standards
                                                                             relating to waste ancLof
                                                                             future       developments             in
                                                                             Community
 ---pagebreak---                                                                   - 7 -
                 ORIGINAL TEXT                                              AMENDED TEXT
23. Whereas the Commission must be assisted by a technical
      committee in order to adapt the provisions and the
      Annexes to the directive on scientific and technical
      progress;
24. Whereas drafts of measures to be taken by Member
      States should be notified to the Commission so that it
      can be established whether or not they comply with the
      directive, and to request, if necessary, that the
      introduction of such measures, or part of them, be
      postponed; whereas such notification and examination
      is without prejudice to the obligations of the Member
      States pursuant to the Treaty and other relevant
      Community legislation;
25. Whereas the work for the purpose of amending Council
       Directive 83/189/EECO), as last amended by
       Commission Decision 90/230/EEC (*), must be
       accelerated in order to permit the coverage of
       notification arising from the scope of this Directive;
26. Whereas for all the reasons referred to above it appears            26. Whereas for all the reasons
      necessary for the Community, whilst limiting itself to                referred to above it appears
      what is strictly necessary, to adopt the appropriate
                                                                            necessary for the Community, In
      harmonization measures,
                                                                            accordance with the principle of
                                                                            subsidiarity.    to   adopt    &
                                                                            framework for the appropriate
                                                                            harmonization measures.
  HAS ADOPTED THIS DIRECTIVE
                               Article 1
                              Objectives
  This Directive aims to harmonize national measures
  concerning the management of packaging and packaging
   waste in order to reduce their impact on the environment, to
   contribute to the completion and functioning of the internal
   market and to avoid obstacles to trade and distortion and
   restriction of competition within the Community.
   J D attain these objectives this Directive establishes targets
  "•and the essential requirements which packaging must meet,
   and provides for measures for the prevention of the
   production of packaging waste and for the promotion of
   return, reuse and recovery operations relating to packaging
   and packaging waste in order to ensure public health and the
   protection of the environment.
         (') OJ No L 109, 26. 4. 1983, p. 8.
         (') OJ No I. 128, 18. 5. 1990, p. 15.
 ---pagebreak---                ORIGINAL TEXT                                          AMENDED TEXT
                           Article 2
                            Scope
This Directive covers all packaging placed on the market in
the Community and all packaging waste, whether it is used or
released at industrial; commercial, office, shop, service or
household level, regardless of the materials used and whether
it concerns primary, secondary or tertiary packaging.
This Directive shall apply without prejudice to the provisions
of Council Directive 9 1 / 6 8 9 / E E C of 12 December 1991
concerning hazardous waste (*).
                           Article 3
                          Definitions
For die purpose of this Directive:
(a) with respect to packaging classification:
     1. 'packaging* means all products made of any
         materials of any nature to be used for the
         containment, protection, handling, delivery and
         presentation of goods, from raw materials to
         processed goods, from die producer to die user or
         the consumer. Disposables used for the same
         purpose are to be considered as packaging too;
     2. 'sales packaging or primary packaging* means any
         packaging conceived so as to constitute a sales unit
         to die final user or consumer at the point of
         purchase;
     3. 'grouping packaging or secondary packaging' means
         any packaging conceived so as to constitute at the
         point of purchase a grouping of a certain number of
         sales units whether the latter is sold as such to the
         final user or consumer or whether it serves only as a
         means to replenish the shelves at the point of sale; it
         can be removed from the product without affecting
         its characterstics;
      4. 'transport packaging or tertiary packaging' means
         any packaging conceived so as to facilitate handling
         and transport of a number of sales units or grouped
         packagings in order to prevent physical handling
         and transport damage;
                                                                 4a. 'small packaging' means primary
                                                                     packaging whose volume is not
                                                                     more than 100 cm     and whose
                                                                     weight is not more than 3
                                                                     grammes;
                 (J) OJ N o L 377, 31. 12. 1991, p. 20.
 ---pagebreak---                                                                 - 9 -
             ORIGINAL TEXT                                                AMENDED TEXT
 (b) with respect to packaging waste:
      1. «used packaging* means the packaging itself left over
           once it has been emptied or the product has been
           unpacked;
      2.   'packaging waste' means any packaging or
           packaging material covered by the definition of
           waste in Council Directive 75/442/EEC ( 4 );
       3. 'packaging waste management* means the
            management of waste as defined in Directive
            75/442/EEC;
       4.   'prevention' means the reduction of the quantity          4.   'prevention* means the reduction
            and/or the harmfulness of waste at production                 of      the quantity             and/or   the
            processes level and at product level;                         harmfulness of materials used»
                                                                          packaging and packaging waste at
                                                                          production processes level and at
                                                                          the         marketing,         distribution.
                                                                          utilization              and      elimination
                                                                          stages,            in       particular      by
                                                                          developing 'clean1 products and
                                                                          technology.
          'recovery* means any of the applicable operations
          provided for in Annex II.B to Directive
          75/442/EEC;
          'recycling* means the recovery of the waste materials        6.      'recyclIng'               means       the
           for the original purpose or for other purposes                     recovery             of     the     waste
          excluding energy recovery; recycling means also                     materials for the original
           regeneration and composting;
                                                                              purpose or for other purposes
                                                                              excluding            energy     recovery;
                                                                              recyclIng                means       a I so
                                                                              compostIng, regeneration and
                                                                              btomethanlzatlon;
                                                                      6a.   'bioraethanization'             means t h e
                                                                            anaerobic treatment of packaging
                                                                            w a s t e , w h i c h produces biomethane
                                                                            and s o i l .
                                                                      6b.   'composting' means t h e anaerobic
                                                                            treatment of t h e organic parts
                                                                            fif packaging               waste.    which
                                                                            produces s o i l .
7.  'disposal' means any of the applicable operations
    provided for in Annex II.A to Directive
    75/442/EEC;
     («) OJ N o L 194, 25. 7. 1975, p. 39.
 ---pagebreak---                                                                  10 -
         ORIGINAL TEXT                                                      AMENDED TEXT
(c) with respect to packaging management:
    1. 'returnable packaging* means any packaging whose
        return from the consumer or final user is assured by
        specific means, (separate collection, deposits, etc.),
        independently of its final destination, in order to be
         reused, recovered, or subject to specific waste
         management operations;
    2. 'non-returnable' packaging means any packaging
         for which no specific provisions for their return
         from the consumer or final user are established;
     3. 'reusable packaging' means any packaging which                  3. 'reusable packaging* means any
         has been conceived and designed to accomplish                      packaging    which     has    been
         within its life cycle a number of trips or rotations in
         order to be refilled or reused for the same purpose
                                                                            conceived    and    designed    to
         for which it was conceived; such packaging will                    accomplish within its life cycle
         become packaging waste when no longer subject to                   a minimum number of trips or
         reuse;                                                             rotations in order to be refilled
                                                                            or reused for the same purpose
                                                                            for which it was conceived, with
                                                                            or without     the support p_f_
                                                                            auxiliary products present on the
                                                                            market enabling the packaging to
                                                                            be refilled: such packaging will
                                                                            become packaging waste when no
                                                                            longer subject to reuse,
    4. 'one-way packaging' means any packaging not being
        used more than once for the same purpose;
(d) 'economic operators' in relation to packaging means
    suppliers of packaging materials, packaging producers
                                                                      (d) 'economic operators* in relation
    and converters, fillers and users, traders and
                                                                          to packaging means suppliers of
    distributors.                                                         packaging materials, packaging
                                                                          producers     and    converters,
                                                                          fillers and users, importers.
                                                                          traders     and    distributors^,
                                                                          authorities     and     statutory
                                                                          organizations
                                                                          processing of packaging.
 ---pagebreak---                                                                 - 11 -
          ORIGINAL TEXT                                                     AMENDED TEXT
                         Article 4
                          Targets
1.    In order to comply with the objectives of this Directive,        1. In order to comply with the
Member States shall take measures to attain the following              objectives of this Directive, Member
targets:                                                               States shall take measures to attain
                                                                       the following targets:
(a) regarding recovery of packaging waste: no later than 10
     years from the date by which this Directive must be               (a) regarding recovery of packaging
     implemented in national law, 90% by weight of the                      waste:
     packaging waste output will be removed from the waste
     stream for the purpose of recovery. Within this general                - no later than 5 years from the
     recovery target, and with the same time limit, 60 % by                   date bv which this Directive
     weight of each material of the packaging waste output                    must     be   implemented      in
     shall be removed from the waste stream for the purpose                   national law. 60% bv weight of
     of recycling;
                                                                              the packaging waste output
                                                                              should be removed from the
                                                                              waste stream for the purpose
                                                                              of recovery.       Within this
                                                                              general recovery target, and
                                                                              with the same time limit. 40%
                                                                              bv weight of each material of
                                                                              the packaging waste output
                                                                              should be removed from the
                                                                              waste stream for the purpose
                                                                              of recycling, and has to be
                                                                              recycled,
                                                                               no later than 10 years from
                                                                               the   date    by   which     this
                                                                               Directive must be implemented
                                                                               in national law, 90% by weight
                                                                               of the packaging waste output
                                                                               will be removed from the waste
                                                                               stream for the purpose of
                                                                               recovery. Within this general
                                                                               recovery target, and with the
                                                                               same time limit, 60% by weight
                                                                               of   each   material     of the
                                                                               packaging waste output shall
                                                                               be removed from the waste
                                                                               stream for the purpose of
                                                                               recycling, and has to be recycled;
                                                                         la. The Member States shall take
                                                                         action to promote the reuse—of.
                                                                         recycled packaging waste in fche
                                                                         production of packaging^
 ---pagebreak---                                                                 - 12 -
         ORIGINAL TEXT                                                      AMENDED TEXT
   (b) regarding minimization of final disposal of packaging           (b)   regarding    minimization     of
       waste: no later than 10 years from the date by which this             final disposal of packaging
       Directive must be implemented in national law, final                  waste: no later than 10 years
       disposal of the packaging waste output will be limited to             from the date by which this
       the residues of the collection and sorting activities, with           Directive must be implemented
       a limitation to not more than 10°o by weight of the                   in    national     law,    final
        packaging waste output.                                              disposal of      the packaging
                                                                             waste output will be limited
                                                                             to   the    residues    of   the
                                                                             collection      and      sorting
                                                                             activities, with a limitation
                                                                             to not more than 10% by weight
                                                                             of the packaging waste output.
2. Member .States shall specify in the                                                Deleted
chapter       on      the       management          of
packaging waste of their waste
management plans as indicated in
Article 10. intermediate targe
recovery.         recycling           and
disposal of packaging waste. They
shall also specify in this chapter at
which time the following targe
be attained simultaneously:
-    removal of 60% bv weight of the
    packaging waste output from the
    waste stream for the purpose of
    recovery,
-    removal of 40% by weight of each
     material of the packaging waste
    output from the waste stream _f_or
     the purpose of recycling.
This information must be provided_in
the first report to the Commission as
required in Article 14,
                                                                       2a. The measures and target figures
                                                                       mentioned in the preceding paragraphs
                                                                       shall be published bv the Member
                                                                       journals and shall be the subject of
                                                                       an information campai<
                                                                       general public and economic a<
 ---pagebreak---                                                                  13 -
              ORIGINAL TEXT                                               AMENDED TEXT
3.      If scientific research, or any other evaluation
technique, such as eco-balances, prove that other recovery
processes show greater environmental advantages, the
targets for recycling can be modified in accordance with the
procedure laid down in Article 17.
Also o n the basis of scientific research and of the progress
achieved in the Member States, the Commission shall
re-examine the targets fixed in this Article, and shall within
sue years from the date by which this Directive must be
implemented in national l a w , adopt any appropriate
measures in accordance with the procedure laid down in
Article 17.
                              Article 5
                Return and management systems
 1.      Member States shall take the necessary measures to            1. Member States shall take the
 ensure that, within five years from the date by which this            necessary measures to ensure that,
 Directive must be implemented in national law, systems are            within five years from the date by
 set up to:                                                           which this Directive must              be
                                                                       implemented in national law, systems
 (a)  provide for the return of all used packaging and/or all          are set up to:
       packaging waste from the consumer or other final user
       in order to channel it to the most appropriate                  (a)   provide for the return of all
       management alternatives;
                                                                             used packaging and/or all
                                                                             packaging     waste    from the
                                                                             consumer or waste stream or
                                                                             other final user         i n order
                                                                             to channel it to the most
                                                                             appropriate         management
                                                                             alternatives;
 (b) ensure that the used packaging and/or packaging waste
       collected is effectively reused or recovered.                   (b)    ensure that the used packaging
                                                                              and/or      packaging       waste
                                                                             collected      is     effectively
                                                                              reused    or recovered including
                                                                              recycled; —                     -
 These systems shall ensure the coverage of imported products         These systems shall ensure the
 under non-discriminatory conditions and shall be designed in         coverage of imported products under
 such a way that there are no barriers to trade or distonions of      non-discriminatory procedures and
 competition.                                                         conditions including the tariffs
                                                                      imposed for access to the system and
                                                                      shall be designed in such a way that
                                                                      there are no barriers to trade or
                                                                      distortions of competition.
  2.      The measures referred to in paragraph 1 shall form
  part of a policy covering all packaging and packaging waste
  and shall take into account, in particular: consumer
  protection, health, safety and sanitary requirements;
  protection of the quality, the authenticity and the technical
  characteristics of the packed good and materials used as well
  as industrial and commercial property rights.
 ---pagebreak---                                                                     - 14
                 ORIGINAL TEXT                                                AMENDED TEXT
                                                                         The return and management systems set
3.     T h e return and m a n a g e m e n t systems set up in the
different Member States, in accordance with the provisions
                                                                         up in different Member States, in
of this Directive, shall be considered and recognized as                 accordance with the provisions of
equivalent throughout the whole Community                     and        this Directive, shall be considered
participation in such systems shall be open to the economic              and     recognized    as     equivalent
operators of the sectors concerned.                                      throughout the whole Community and
                                                                         participation in such systems shall
                                                                         be open to all economic operators of
                                                                         the    sectors    concerned,    special
                                                                         account to be taken of anv particular
                                                                         problems facing small and medium-
                                                                         sized enterprises.
                                Article    6
                                Marking
                                                                              To facilitate the reuse and
  1.      T o facilitate the reuse and recovery of packaging and              recovery Including recycling
   packaging waste, Member States shall take the necessary
                                                                              of packaging and packaging
   measures to ensure that, within five years from the date by
   which this Directive must be implemented in national l a w , all
                                                                              waste, Member States shall
   packaging shall comply with the marking provisions laid                 take the necessary measures to ensure
   down in this Ardde and in Annex I. Packaging shall bear                 that, within five years from the date
   the appropriate marking(s) either o n the packaging itself or           by which this Directive must be
   on the label.                                                           implemented in national law, all
                                                                           packaging shall comply with the
                                                                           marking provisions laid down in this
                                                                           Article and in Annex I. Packaging
                                                                           shall bear the appropriate marking/s
                                                                           either on the packaging itself or on
                                                                           the label.     Such marking shall be
                                                                           appropriately durable having regard
                                                                           to whether the packaging is reusable
                                                                           or recoverable. Anv future EC eco-
                                                                           label    for    packaging    will   be
                                                                           harmonized with the measures adopted
                                                                           as a result of this Directive.
   2.     All reusable and recoverable packaging shall bear the
   mark(s) shown in Annex I. Fixing these marks on a
   packaging means that:
   — the used packaging waste is subject t o established return
       and management systems,
   — the packaging itself and the provisions for the
       management of used packaging a n d packaging waste
       comply with the provisions of this Directive a n d the
       essential requirements referred to in Article 7 and
       described in Annex II.
                                                                          2a. The Member States shall ensure
                                                                          that the marking is clearly visible*
                                                                          legible and lasting and that it is
                                                                          maintained when the packaging is
                                                                          opened.
 ---pagebreak---                                                                             - 15
               ORIGINAL TEXT                                                            AMENDED 1EX1
                                                                                      To facilitate return, reuse
 3.     T o facilitate return, reuse and recovery, packaging
                                                                                      and      recovery ...    Including
 shall indicate, when needed for its identification and
 classification, the nature of the packaging material(s) used, in                      recycling, packaging        shaI !
 accordance with the identification system described in                                indicate, when needed for its
 Annex I. The numbering and abbreviations o n which the                            identification and classification,
 identification system is based shall be determined by the                         the    nature    of     the    packaging
 Commission, in accordance with the procedure set out in                           material/s used, in accordance with
 Article 17 not later than 1 2 months after the adoption of this                   the identification system described
 Direcrive. It shall decide which materials shall be subject
                                                                                   in Annex I.        The numbering and
 to the identification system, in accordance with the same
 procedure.
                                                                                   abbreviations       on      which     the
                                                                                   identification system is based shall
                                                                                   be determined by the Commission, in
                                                                                   accordance with the procedure set out
                                                                                   in Article 17 not later than 12
                                                                                   months after the adoption of this
                                                                                   Directive.     It shall decide which
                                                                                   materials shall be subject to the
                                                                                    identification system, in accordance
                                                                                    with the same procedure.
  4.    In order to inform the consumer or final user whether
  or not the packaging is made of recycled material, such
  packaging may bear the mark shown in Annex I.
  5.    Member States shall take the necessary measures to
  ensure that any markings other than those set out in Annex I,
  intending to serve the same purpose, shall be prohibited. T h e
  marks set out in Annex I may not be used for any purposes
  other than those envisaged in this Article.
                                                                                 6. The     Commission       shall,    in
 6.     T h e Commission shall, in a c c o r d a n c e with the
 procedure set out in Article 17, n o later t h a n 12 m o n t h s after
                                                                                 accordance with the procedure set out
 the adoption of this Directive, a d o p t t h e m a r k i n g s required        in Article 17, no later than 12
 by this Article and which comply with criteria of visual                        months after the adoption of this
 perceptability, readability and u n d e r s t a n d i n g by the                Directive,     adopt     the    markings
 European consumer.                                                              required by this Article and which
                                                                                 are clearly visible, legible and
                                                                                 lasting and that U is ma inta ined
                                                                                 when the packaging is opened and
                                                                                 is comprehensiblefor the European
                                                                                 consumer.
                                                                                 The markinqs descr ibed in Annex I
                                                                                 sha I I      enter        into      force
                                                                                 simultaneous I y^
7.     By the procedure set out in Article 17 the Commission
shall decide to w h a t extent d e r o g a t i o n s from the m a r k i n g
provisions will be needed.
8.     T h e Commission shall d r a w u p , in accordance with the
procedure set out in Article 1 7 , the detailed rules for the
marking system. These rules shall be published in the Official
journal of the European         Communities.
9.     The requirements referred t o in p a r a g r a p h s 1 t o 8 shall
be applied without prejudice to other m a r k i n g o r labelling
schemes, set up at C o m m u n i t y level, for health, security,
environmental       protection or c o n s u m e r          information
purposes.
 ---pagebreak---                                                                           - 16
                 ORIGINAL TEXT                                                   AMENDED TEXT
10.      The provisions of this Article are without prejudice to
the possibility that the markings described in it can be used by
economic operators o n materials and products other than
packaging for analogous purposes, as long as they are
effectively reusable, recoverable or made out o f recycled
material; their use shall be communicated to and approved
by the competent authorities.
11.      Member States shall take the necessary measures to
ensure:
— the provisions of information o n the purpose and
    application of all the markings,
— that proper use of the markings by economic operators is
    verified.
                              Article    7
                       Essential requirements
 1.     Member States shall take all appropriate measures to
                                                                               1.   Member States shall take all
ensure that packaging may be placed o n the market only if it
                                                                               appropriate measures to ensure that
complies with the essential requirements set out in
                                                                               packaging may be placed on the market
Annex II.
                                                                               only   if  it complies     with   the
                                                                               essential requirements set out in
                                                                               this Directive.^
2.     Member States shall presume compliance with the
requirements set out in Annex II in the case of packaging
which is in conformity:
(a) with the relevant harmonized standards, the reference
      numbers of which have been published in the Official
     journal of the European Communities.                  Member States
      shall publish the reference n u m b e r s of national
      standards transposing these h a r m o n i z e d s t a n d a r d s ;
(b) with the relevant national s t a n d a r d s referred to in
      paragraph 3 in so far a s , in t h e areas covered by such
      standards, n o harmonized s t a n d a r d s exist.
3.     M e m b e r States shall c o m m u n i c a t e t o the Commission
the text of their national s t a n d a r d s , as referred to in
 paragraph 2 (b), which they regard as complying with the
 requirements referred to in this Article. T h e Commission
 shall forward such texts forthwith to the other Member
 States.
 Member States shall publish the references of these
 standards. The Commission shall ensure that they are
 published in the Official            journal         of the     European
 Communities.
 4.     Where a Member State or the Commission considers
 that the standards referred to in paragraph 2 d o not entirely
 meet the essential requirements referred to in paragraph 1,
 the Commission or the M e m b e r States concerned shall bring
 the matter before the Committee set up by Directive
 H \/ 1H9/M-.C giving the reasons therefor. T h e Committee
 shall deliver an opinion without delay. In the light of the
 Committee's opinion, the Commission shall inform M e m b e r
 States whether or not it is necessary to withdraw those
 standards from publications referred to in paragraphs 2
 and 3.
 ---pagebreak---                                                                            - 17 -
                ORIGINAL TEXT                                                        AMENDED TEXT
                                      Article  8
                              Information systems
     1.      Member States shall take the necessary measures to
     ensure that databases on packaging and packaging waste
     shall be established in order to enable Member States and the
     Commission t o develop packaging and packaging waste
     management policies. For reasons of efficiency the required
     data may cover other components of a particular waste
     stream.
     2.     The databases shall serve the following purposes:
     — to provide information o n the magnitude, characteristics
         and evolution of the packaging and packaging waste
         flows at the level of individual Member States.
    — to provide information o n the economic parameters
         related     to      packaging        and        packaging   waste
         management,
    — to provide information in order to be able to re-examine
        targets, to design the most appropriate measures to attain
        them and to evaluate their effectiveness.
    3.      T o harmonize the characteristics and presentation of
    the data produced and to make the data of the Member States
    compatible, the databases shall be based on the formats
    described in Annex III.
   4.      Member States shall take into account the particular
   problems of small a n d medium-sized enterprises in providing
   detailed data.
                                                                                  Member S_ta±gg shall require all
                                                                                  economic .operators     involved   to
                                                                                  provide the^competent, authorities
                                                                                  with reliable data onJ:heir_sector as
                                                                                  required bv this Article.
  5.      T h e data obtained shall be m a d e available for the first
  time three years after the d a t e by which this Directive must be
  implemented in national law and shall be updated every three
  years. T h e results shall be c o m m u n i c a t e d to the Commission
  in accordance with the reporting procedures set out in
  Article 14.
                                 Article   9
                      C o n s u m e r information                                 Member States shall take measures.,.
                                                                                  within two years of the entry into
Member States shall take m e a s u r e to ensure that consumers                   force of this Directive, to ensure
and other users are informed a b o u t the advantages of using                    that consumers and other users are
reusable and recoverable p a c k a g i n g , about the meaning of                 informed about the      advantages of
the markings on packaging, about the return systems
                                                                                  using   reusable    and   recoverable
available for them to dispose of their used packaging and of
                                                                                  packaging, about the meaning of the
packaging waste, and a b o u t the existing management plans
for packaging as referred to in Article 10.
                                                                                  markings on packaging, about the
                                                                                  return systems available for them to
                                                                                  dispose of their used packaging and
                                                                                  of packaging waste, and about the
                                                                                  existing    management    plans   for
                                                                                  packaging as referred to in /article
                                                                                   10.
 ---pagebreak---                                                                  - 18
                                                                         AMENDED TEXT
             ORIGINAL TEXT
                          Article 10
                     Management plans
1.     Pursuant to the objectives and measures referred to in
this Directive, Member States shall include in their waste
management plans required by Article 7 of Directiv*
75/442/EEC a specific chapter on the management ...j:.0
packaging and packaging waste.
 2.    The chapter referred to in paragraph 1 shall indude:
 — the intermediate and final objectives and targets to be
     achieved,
 — the measures to be adopted, which might be of a
     technical, economic or organizational character,
 — the justification of the measures adopted or of any
     modification of the targets as considered in the provisions
     of this Directive.
                           Article 11
                     Economic instruments
  Economic instruments may be adopted by Member States, in
                                                                        1. The Council, on the basis of a
  accordance with the provisions of the Treaty, to promote t'           proposal    from    the     Commission,
  objectives of this Directive.                                         adopts economic instruments. In
                                                                        the    absence     of    measures    at
                                                                        Community level. Member States may
                                                                        adopt them in accordance with the
                                                                        provisions    of    the    Treaty,   to
                                                                        attain the objectives of           this
                                                                        Directive. Economic         instruments
                                                                        should be used to promote these
                                                                        oblect ives.
                                                                      2. Economic instruments may not give
                                                                      rise to distortions of competition or
                                                                      create obstacles to the marketing of
                                                                      and trade in packaging and packaged
                                                                      goods bv complying with the following
                                                                      criteria:
                                                                           there must be a clear link
                                                                           between the measures adopted and
                                                                           the aim being pursued.          The
                                                                           measures shall be proportionate
                                                                           to the objectives to be achieved
                                                                           and     their       effectiveness
                                                                           controllable:
                                                                      -    thev    shall      apply    without
                                                                           distinction in both form and
                                                                           substance     to    all    economic
                                                                           operators      and     shall    not
                                                                           discriminate against particular
                                                                           types of packaging or packaging
                                                                           material or against particular
                                                                           products    or    a category     of
                                                                           products:
 ---pagebreak---                                                               19 -
             ORIGINAL TEXT                                                   AMENDED TEXT
                                                                      economic instruments should be
                                                                       easy to operate and n °f demand
                                                                       too much administration: thev
                                                                      should not clash with Community
                                                                       legislation on tax harmonization
                                                                   3. The Member States shall report
                                                                   to the Commission on the economic
                                                                   instruments they have implemented
                                                                   to comply with this Directive.
                                                                   Where    the    instruments _ incjude
                                                                   State aid, they must be notified
                                                                   in advance pursuant to Article
                                                                   93(3)     of      the         Treaty. The
                                                                   Instruments must take into account
                                                                   the 'polluter pays' principle.
                         Article 12
                      Standardization
The Commission shall promote, as appropriate, the                          The Commission shall promote, as
elaboration of European standards relating in particular                   appropriate, the elaboration of
to:                                                                        European standards            relating     in
— dimensions and shapes of packaging for agreed produas                    particular to:
    in order to facilitate their reuse and rationalize and
    optimize management alternatives,                                            dimensions         and    shapes     of
                                                                                 packaging for agreed products
— modular distribution       packaging   for  transport  and                      in order to facilitate their
    distribution,                                                                reuse and          rationalize and
— product specifications for the use of recycled materials in                    optimize                   management
    the manufacturing of packaging and other products,                           alternat ives,
— criteria and methodology       for life-cycle analysis on                      modular                  distr ibut ion
    packaging.                                                                   packaging for          transport and
                                                                                 distr ibut ion,
                                                                                 product         specifications      for
                                                                                 the     use        of.     and    when
                                                                                 appropriate minimum content
                                                                                  level for, recycled materials
                                                                                  in    the       manufacturing       of
                                                                                 packaging and other products,
                                                                                 criteria and methodology for
                                                                                  life-cycle          analysis        on
                                                                                 packaging.
                                                                              reoui rements              for      JLhe
                                                                                >m       i l i t v of packaging.
 ---pagebreak---                                                                     - 20
           ORIGINAL TEXT                                                     AMENDED TEXT
                            Article  13
                           Notification
 1.     Without prejudice t o Directive 8 3 / 1 8 9 / E E C , before
 adopting such measures, Member States shall notify the
drafts of measures which they intend to adopt within the
 framework of this Directive to the Commission, in order to
 permit the latter to examine them in the light of existing
 provisions and, where appropriate, to ask Member States to
 suspend their adoption.
 2.     If the proposed measure is also a technical matter
 within the meaning of Directive 8 3 / 1 8 9 / E E C , the Member
 State concerned may indicate, when following the
 notification procedures referred to in this Directive, that the
 notification is equally valid for Directive 8 3 / 1 8 9 / E E C .
                             Article  14
                       Obligation to report
  Every three years, and for the first time on 1 April of the third
  year after the date by which this Directive must be
  implemented in national law, Member States shall send the
  Commission a report o n the measures taken to implement
  this Directive. This report shall be based on a questionnaire,
  drawn up in accordance with the procedure referred to in
  Article 1 7 , which the Commission shall send to the Member
  States six months before the said date.
  On the basis of these reports, the Commission shall publish a
  consolidated report every three years, and for the first time
  on 1 April of the following year.
                                                                         Existing provisions
                                                                         Member States shall communical
                                                                         the Commission all existing laws,
                                                                         regulations      and    administrative
                                                                         provisions    adopted or conclt
                                                                         within the scope of this Directive.
                            Article  IS
                 Freedom to place on the market
Member States shall not impede the placing on the market on                             Member States shall not
their territory of packaging which satisfies the provisions of            impede the placing on the market on
this Directive.                                                           their territory of packaging which
                                                                         satisfies the provisions of this
                                                                          Direct ive. nor the use of the
                                                                          recovery    procedures    for    gucli
                                                                          packaging laid down in the Directive.
 ---pagebreak---                                                                    - 21 -
              ORIGINAL TEXT                                               AMENDED TEXT
                                 Article 16
             Adaptation to scientific and technical progress
      The amendments necessary for adapting the provisions of
      this Directive to scientific and technical progress shall be
      adopted in accordance with the procedure laid down in
      Article 17.
     This procedure shall also be applicable for amendments
     which need to be made to the provisions of this Directive
     applicable to primary packaging for medical devices and
     pharmaceutical products. The provisions relating to such
     packaging shall take into account the safety, performance
     and quality requirements which must be satisfied by them, in
     accordance with the provisions of Community law.
     In addition, the Commission, in accordance with the same
     procedure, shall adopt the measures necessary to deal with
     any difficulties encountered in applying the provisions of this
     Directive to small packaging.
                           Article 17
                     Committee procedure
The Commission shall be assisted by a committee of an
advisory nature composed of the representatives of the
Member States and chaired by the representatives of the
Commission.
The representative of the Commission shall submit to the
committee a draft of the measures to be taken. The
committee shall deliver its opinion on the draft, within a time
limit which the chairman may lay down according to the
urgency of the matter, if necessary by taking a vote.
The opinion shall be recorded in the minutes; in addition,
each Member State shall have the right to ask to have its
position recorded in the minutes.
The Commission shall take the utmost account of the
opinion delivered by the committee. It shall inform the
committee of the manner in which its opinion has been taken
into account.
 ---pagebreak---                                                                   - 22 -
                ORIGINAL TEXT                                            AMENDED TEXT
                            Article 18
                Implementation in national law
 Member States shall adopt and publish the laws, regulations
 and administrative provisions necessary to comply with this
 Directive by . . . (')• They shall immediately inform the
 Commission thereof.
 When Member States adopt these provisions, these shall
 contain a reference to this Directive or shall be accompanied
 by such reference at the time of their official publication. The
 procedure for such reference shall be adopted by Member
 States.
                             Article 19
 Directive 85/339/EEC is hereby repealed with effect
 from . . .
                             Article 20
 This Directive is addressed to the Member States.
(') l.igliwen months after the adoption of this Directive.
 ---pagebreak---                                                       -   23    -
OrrrGfWAL TEXT                                                                  AMENDED TEXT
                                                              ANNEX I
                                                             MARKING
          1. (a) Reusable packaging
         1. (b) Recoverable packaging
        1. (c) Identification system
                Plastic shall use a numbering from 1 to 19; paper and cardboard from 20 to 39; metal from 40 to 49; wood
                from 50 to 59; textiles from 60 to 69; glass from 70 to 79.
                The identification may also be done by using the abbreviation to the used material(s) (e.g. HDPE: high
                density polyethylene). Numbering, or abbreviations, or both, may be used to identify materials. The said
                identification methods shall be located in the centre of or below the graphical marking indicating the
                reusable or recoverable nature of the packaging.
        1. (d) Packaging made partly or entirely of recycled materials
                x % = percentage of recycled material used in the manufacturing of the product.
 ---pagebreak---                                                              - 24
          ORIGINAL TEXT                                                                  AMENDED TEXT
                                                          ANNEX //
 OUTLINE OF ESSENTIAL REQUIREMENTS                                                    ESSENTIAL REQUIREMENTS ON THE
 ON    THE    COMPOSITION           AND        THE                                   COMPOSITION AND THE REUSABLE AND
 REUSABLE AND RECOVERABLE NATURE OF                                                  RECOVERABLE INCLUDING RECYCLABLE
  PACKAGING                                                                          NATURE OF PACKAGING
             1. Requirements specific to the manufacturing and composition of packaging
                — Packaging shall be so manufactured that the packaging volume and weight be limited to the minimum
                   adequate amount to maintain the necessary level of safety and acceptance for the packed product and for
                   the consumer.
                — Packaging shall be designed, produced and commercialized in such a way as to permit its reuse or recovery
                   and to minimize its impact on the environment when packaging waste or residues from packaging waste
                   management operations are disposed of.
   Packaging        shall           be        so                                     Packaging              shall            be    so
   manufactured that the presence of                                                 manufactured           that the presence
   noxious     metals         and         other                                      of noxious            metals and other
   hazardous        substances                as                                     hazardous               substances            as
   constituents of the packaging                                                     constituents           of the packaging
   material or of any of the                                                         material or             of any of the
   packaging components is limited                                                   packaging               components            is
   to such a level as to minimize                                                    minimized.
   their presence in emissions, ash
   or leachate when packaging or
   residues      from          management
   operations or packaging waste are
   incinerated or landfilled.
-    The sum of concentration levels                                                    The concentrât ion levels of
                                                                                        heavy         metals          present       in
     of lead, cadmium, mercury and
                                                                                        packaging               or          packaging
    hexavalent chromium present in                                                      components shall not exceed
    packaging or packaging components                                                   the fol lowing:
    shall not exceed the following:
-    600 ppm bv weight after two years                                                  Lead (Pb)                           150 ppm
    of entry into force of this                                                         Cadmium (Cdt                        1.5 ppm
    directive,                                                                          Chrome (Cr VI                       100 ppm
                                                                                       Mercury (Hg)                           1 ppm
-    250 ppm bv weight after three
    years of entry into force of this                                                  and this no Iater than five
    directive,                                                                         years a fter the_jentry into
                                                                                       force of this Direct ive
-    100 Ppm bv weight after five
    years of entry into force of this
    Directive.
 ---pagebreak---                                                             - 25 -
 ORIGINAL TEXT                                                                       AMENDED TEXT
     2. Requirements spécifie to die reusable nature of a packaging
         The following requirements must be simultaneously satisfied:
             die physical priy**** ««d characteristics of the packaging shall enable a number of trips or rotations in
             normally predictable conditions of use,
             possibility of processing die used packaging in order to meet health and safety requirements,
             fylfil the requirements specific to recoverable packaging when die packaging is no longer reused and thus
             becomes waste.
    3. Requirements specific to the recoverable nature of packaging
        (a) Packaging recoverable in the form of material recycling
              Packaging must be manufactured in                                       Packaging must be manufactured in
              such a way as to enable the                                             such a way as to enable! the
              recycling of at least 'x'% by                                           recycling of at least *x'% by
              weight of the materials used into                                      weight of the materials used into
              the manufacture of marketable                                           the manufacture of marketable
              products.                                                               products., in compliance ' with
                                                                                     current standards in the European
                                                                                     Community. The establishment of
                                                                                      this         percentage          mav vary.
                                                                                     depending on the type of material
                                                                                     QÈ       which         the packaging is
                                                                                     composed.
(b) Packaging recoverable in the form of energy recovery
    — Packaging waste processed for the purpose of energy recovery shall have a minimum inferior calorific
        value of 13 MJ/kg (approximate energetic value of paper and cardboard).
    — The energy recovery operation may not give rise to ash residues exceeding 'y* % by weight of the
        incinerated materials.
    — If used as a substitute for other fuels (carburants), it should not have a greater impact on the
        environment, in terms of emissions and residues, than that of the substituted fuel.
(c) Packaging recoverable in the form of composting
    — Packaging waste processed for the purpose of composting shall be of such a biodegradable nature, that
        it should not hinder the composting process or activity into which it is introduced or diminish the
        quality of the compost.
 ---pagebreak---                                                       -  26 -
ORIGINAL TEXT                                                              AMENDED 1LXI
                                                                    (ca) tOOt biodégradable             packing
                                                                    100% biodegradable packaging waste
                                                                   shall be of such a nature that i t i s
                                                                   capable          of      undergoing     physical,
                                                                   chemical,           thermal       or   biological
                                                                   decomposition such t h a t the f i n i s h e d
                                                                   compost ultimately decomposes i n t o
                                                                   carbon dioxide, biomass and water
                                                                    (leaving             no      distinguishable
                                                                    persistent,            synthetic      or    toxic
                                                                    residues).
                                                   ANNEX 111
           INFORMATION SYSTEM /DATABASE ON PACKAGING AND PACKAGING WASTE
   The database will be built up by the following formats:
   — Format 1: Composition of municipal waste — household level (mandatory presentation — Annex UI.Al)
   — Format 2: Composition of municipal waste — other levels (mandatory presentation — Annex III.A2)
   — Format 3: Packaging waste management (mandatory presentation — Annex II1.B)
   — Format 4: Product families to be recorded (Annex III.C) — consumption-based primary packaging data
                 (mandatory presentation and explanatory note — Annex 1II.D1, II1.D2 and III.D3)
   — Format 5: Industrial packaging (mandatory presentation — Annex III.E)
   — Format 6: Secondary and tertiary packaging consumption data (formats 4 and 5 related products)
                 (mandatory presentation — Annex III.F)
 ---pagebreak---                                                      27
ORIGINAL TEXT                                                  AMENDED TEXT
                                                FORMAT 1
                                               Annex III.A1
  Concept: Composition municipal waste — household level            Country:
  Units: Kg, volume and %                                           Year:
                     Components                           kg    %            Volume
  Glass — Total
  Packaging:
  — White:
  — Brown:
  — Green:
  Non-packaging
  Paper and cardboard — Total
  Packaging:
  — Cardboard:
  — Laminates:
  — Paper:
  Non-packaging:
  — Newspaper — periodicals:
  — Other:
  Plastics — Total
  Polyolefincs
  — Packaging
  — Non-packaging
  Polystyrenes
  — Packaging
  — Non-packaging
  Halogenated polymers
  — Packaging
  — Non-packaging
  PET
  — Packaging
  — Non-packaging
  Others
  — Packaging
  — Non-packaging
  Textiles
  — Packaging
  — Non-packaging
  Ferro
  — Packaging
  — Non-packaging
  Non-ferro
  — Packaging
  — Non-packaging
  Wood
  — Packaging
  — Non-packaging
  Leather:
  Rubber:
  Stone:
  Carpets:
  Organics:
                                                          .__.        - —    -
  Others:
                            Sub-total packaging
                        Sub-total non-packaging
                                                                  - -
                                          Total
 ---pagebreak---                                                 - 28
ORIGINAL TEXT                                                     AMENDED TEXT
                                                    FORMAT 2
                                                    Annex 1II.A2
       Concept: Composition municipal waste — other levels                 Country:
       Units: Kg, volume and %                                             Year: ....
                          Components                           kg       %             Volume
       Glass — Total
       Packaging:
       — White:
       — Brown:
       — Green:
       Non-packaging
        Paper and cardboard — Total
        Packaging:
        — Cardboard:
        — Laminates:
        — Paper:
        Non-packaging:
        — Newspaper — periodicals:
        — Other:
        Plastics — Total
        Polyolefines
        — Packaging
        — Non-packaging
        Polystyrenes
        — Packaging
        — Non-packaging
        Halogenated Polymers
        — Packaging
        — Non-packaging
        PET
        — Packaging
        — Non-packaging
        Others
        — Packaging
        — Non-packaging
        Textiles
        — Packaging
        <— Non-packaging
        Ferro
        — Packaging
        — Non-packaging
        Non-ferro
        — Packaging
        — Non-packaging
        Wood
        — Packaging
        — Non-packaging
        Leather:
        Rubber:
        Stone:
        Carpets:
        Organics:
        Others:
                                  Sub-total packaging
                              Sub-total non-packaging
                                                Total
 ---pagebreak---                                                                        FORMAT 3
                                                                       Annex U1.B
                                                                                                                                                                      O
                                                                                                                                                                      30
 Concept: Packaging waste management                                                                                               Country:
                                                                                                                                                                      Ô
 Units: 1 000 tonnes                                                                                                               Year:                              Z
                                                                                                                                                                      >
                                                                      Household level
                                                 Collection                                                        Treatment
            Components               Output                                                        Recovery                                     Final disposal
                                            Bulk            Selective
                                                                        Recycling     Energy conversion   Composting         Other    Incineration           Landfill
Glass
— Packaging
— Non-packaging
Paper and cardboard
— Packaging
— Non-packaging
Plastic
— Packaging
— Non-packaging
Textiles
— Packaging
— Non-packaging
Ferro
—- Packaging
— Non-packaging
Non-ferro
— Packaging                                                                                                                                                           m
                                                                                                                                                                      z
— Non-packaging                                                                                                                                                       o
                                                                                                                                                                      m
Wood                                                                                                                                                                  o
— Packaging
— Non-packaging
                                                                                                                                                                      m
Leather
Ruober
C one
Carpets
Organic
Other
                         Total
 ---pagebreak---                                                       Other lerel» (induttry, office», service*, etc.)                                                                O
                                                                                                                                                                      30
                                         CoUection                                                                     Treatment                                      CD
            Componenu        Output                                                                                                             Final disposal        Z
                                                                                                       Recovery                                                       >
                                    Bulk           Selective
                                                                       Recycling        Energy conversion |   Composting         Other Incineration          Landfill
 Glass
 — Packaging
 — Non-packaging
 Paper and cardboard
 — Packaging
 — Non-packaging
 Plastic
 — Packaging
 — Non-packaging
 Textiles
 — Packaging
                                                                                                                                                                         w
 — Non-packaging                                                                                                                                                         o
Ferro
— Packaging
— Non-packaging
Non-ferro
— Packaging
                                                                                                                                                                      >
— Non-packaging                                                                                                                                                       ZL
                                                                                                                                                                      m
Wood                                                                                                                                                                  z
                                                                                                                                                                      o
— Packaging                                                                                                                                                           m
                                                                                                                                                                      o
— Non-packaging                                                                                                                                                       H
                                                                                                                                                                      m
Leather
                                                                                                                                                                      x
                                                                                                                                                                      H
Rubber
Stone
Carpets
Organic
Other
                      Total.
 ---pagebreak---                                                                        31
          ORIGINAL TEXT                                                                  AMENDED TEXT
                                                                 FORMAT 4
                                                                  Annex III.C
                                                Consumption-based primary packaging data
               Product families to be recorded
               Biscuits and cakes
               Fats (other than milk fats)
               Chocolate and sugar confectionary
               Dairy products
               Dry beverages
               Frozen foods
               Heat-processed foods
              Jam and preserves
               Sauces
               Snack foods
               Fresh bread
               Fresh fish
               Fresh fruit and vegetables
               Fresh meat
               Beer and cider
               Carbonated soft drinks
               Fruit juices
               Mineral water and still drinks
               Wines and spirits
               Automotive products
               Cigarettes and tobacco
               Cleaning material
               Cosmetics
               Haircare
               Paints, stains and varnishes
               Pet foods
               Pharmaceuticals
               Soaps and detergents
               Toiletries
               Toys
               Electrical appliances
               Electronics
               Clothing
               Others
                                                                 Annex III.Dl
Concept: Consumption-based primary packaging data                                                 Country:
Units: Pieces, grams, tonnes                                                                       Year:
                                             Average weight per piece          Total       Number of rotations/  Total
   Product families         1 000 pieces             (gram)                   (tonne)         Life span (x)     (tonne)
 ---pagebreak---                                                           -    32    -
   ORIGINAL TEXT                                                                         AMENDED TEXT
                                                               Annex   III.D2
Concept: Consumption-based primary packaging data                                         Country:
Units: Pieces, gram, tonnes                                                               Year: ....
                     Total drink market                                     Average weight                     Number of
                                                                                                  Total                          Total
                                                          1 000 pieces         per piece                       rotations/
                      April to May 1991                                                         (tonne)                         (tonne)
                                                                                (gram)                        Live span (x)
Total drink market, non-alcoholic ( N - A )               196 070,25
Total glass, non-alcoholic ( N - A )                        36 689,50
Non-returnable glass, N - A                                   8 275,20
Non-returnable glass, 0 , 2 0 - 0 , 2 5 I, N - A              5 404,60            140              756,64                      756,64
Non-returnable glass, 0 , 3 3 1, N - A                            89,70                              19,73                       19,73
                                                                                  220
Non-returnable glass, 0 , 5 0 - 0 , 7 5 1, N - A                782,30
Non-returnable glass, 1 I and m o r e , N - A                 1 998,60                             959,33                      959,33
                                                                                  480
Returnable glass, N-A                                       28 414,30
Returnable glass, 0 , 2 0 - 0 , 2 5 1, N - A                  8 859,40                          2 081,96         18/xl       2 081,91/xl
Returnable glass, 0 , 5 0 - 0 , 7 5 1, N - A                                      235
                                                              1 544,70
Returnable glass, 1 1 and more, N - A                       18 010,20                          13 5 0 7 , 6 5    18/x2      13 507      /x2
Plastic, N - A                                                                    750
                                                            99 702,00
Metal, N-A                                                  28 571,90
Cardboard, N - A                                            31 106,90
Cardboard, 0 , 2 0 1, N - A                                 18 270,70
Cardboard, 0 , 5 0 1, N - A                                      171,90
Cardboard, 1 1 and more, N - A                              12 664,30
Total drink market, alcoholic (A)                          181 929,06
Total glass, alcoholic (A)                                 175 921,50
Non-returnable glass, A                                     32 773,10
Non-returnable glass, 0 , 2 0 - 0 , 2 5 1, A                23 928,30             130           3 110,68                     3 110,68
Non-returnable glass, 0 , 3 3 1, A                               471,40           155                73,07                       73,07
Non-returnable glass, 0 , 5 0 1, A                                93,70           225                21,08                       21,08
Non-returnable glass, 0 , 7 0 - 0 , 7 5 1, A                  7 052,10            570           4 019,70                     4 019,70
Non-returnable glass, 1 1, A                                     901,90           500               450,95                     450,95
Non-returnable glass, more than 1 1, A                           325,70
Returnable glass, A                                        143 148,38
Returnable glass, 0 , 2 0 - 0 , 2 5 1, A                   124 955,75             265          33 113,27         35/x3      33 113,27/x3
Returnable glass, 0 , 3 3 1, A                               16 452,70            265           4 359,97         35/x4       4 359,97/x4
Returnable glass, 0 , 5 0 1, A                                     0,10           365                 0,04                         0,04
Returnable glass, 0 , 7 0 - 0 , 7 5 1, A                       1 732,10           640           1 108,54          18/x5      1 108,54/x5
Returnable glass, 1 I, A                                           0,00           720                 0,00                         0,00
Returnable glass, more than 1 1, A                                 7,70
Metal, A                                                      6 007,60
Metal, 0 , 2 5 1, A                                               93,80
Metal, 0 , 3 3 I, A                                           5 678,80
Metal, 0 , 5 0 1, A                                              233,00
Metal, 1 I, A                                                      1,60
Metal, more than 1 I, A                                            0,40
This is an Example: Numbers, grams, tonnes are illustrative, not real.
 ---pagebreak---                                                               -   33     -
   ORIGINAL        TEXT                                                                 AMENDED         TEXT
                                                         Annex II1.D3
                                            Consumer-based primary packaging data
                                                        Explanatory note
       The number of pieces per product on the market of the Member States con be obtained from specialized market
       research companies such as Nielsen, GFK and others.
       The number of pieces sold, multiplied by the average weight of the packaging will give the tonnage of waste each
       item is likely to generate at household level.
       The tonnage of returnable, rcfillable packaging has to be divided by the number of years equal to the life-span of the
       product.
                                                                   FORMAT 5
                                                                   Annex 1I1.E
Concept: Industrial packaging                                                               Country:
Units: Pieces, grams, kg                                                                    Year: ....
                                                                  Average weight       Total weight            Number of      Total
                  Types                          Pieces              per piece                                  rotations/
                                                                      (grams)              (kg)                Lifespan (x)   (kg)
Intermediate bulk containers (IBC)
— Woven PP
— Octobins (cardboard)
— HDPE
— Metal
— Others
Drums
— Metal
— Plastic
Jerrycans
— Metal
— Plastics
Boxes
— Cardboard
— Wood and plywood
Bags
— Paper
— Plastic
— Woven
Others
                                 Total
 ---pagebreak---                                                                 - 34 -
         ORIGINAL TEXT                                                                     AMENDED TEXT
                                                            FORMAT 6
                                                             Annex III. F
Concept: Secondary and tertiary packaging                                              Country:
Units: Average weight in grams or kg                                                   Year: ....
                                                  Carton                    Plastic                Wood                   Others
Trays
—    6
— 12
— 24
Crates                                                                                                    -
—    6
— 12
— 24
Boxes
— 24
Wrappings
— Stretch
— Shrink
Pallets
— 120—80
— 120—120
Note: Reusables are to be divided by the number of years equal to the life span in the same way as indicated for primary packaging.
 ---pagebreak---                                      _-x > S' _                       ISSN 0254-1475
                                                               COM (93) 416 final
                                                       DOCUMENTS
EN                                                                          IO 14
                                 Catalogue number : CB-CO-93-456-EN-C
                                                             ISBN 92-77-59051-3
Office for Official Publications of the European Communities
L-2985 Luxembourg