Welcome to Scribd, the world's digital library. Read, publish, and share books and documents. See more
Download
Standard view
Full view
of .
Save to My Library
Look up keyword
Like this
0Activity
0 of .
Results for:
No results containing your search query
P. 1
CELEX-31994L0062-EN-TXT

CELEX-31994L0062-EN-TXT

Ratings: (0)|Views: 0 |Likes:
Published by JonathanSpencer
EC directive on packaging and packaging waste in English
EC directive on packaging and packaging waste in English

More info:

Published by: JonathanSpencer on Jul 10, 2014
Copyright:Traditional Copyright: All rights reserved

Availability:

Read on Scribd mobile: iPhone, iPad and Android.
download as PDF, TXT or read online from Scribd
See more
See less

07/10/2014

pdf

text

original

 
No
L
365/
10
Official
Journal
ofthe
European
Communities
31
.
12
.
94
EUROPEANPARLIAMENTANDCOUNCIL
DIRECTIVE94
 
62
 
EC
of
20
December1994
on
packaging
and
packagingwaste
THE
EUROPEANPARLIAMENTAND
THE
COUNCILOF
THE
EUROPEAN
UNION
,
Whereasthis
Directive
should
cover
all
types
of
packagingplaced
on
the
market
and
all
packagingwaste
;
whereas
;
therefore
,
Council
Directive
85
/339
/
EEC
of27
June
1985
oncontainersof
liquids
forhuman
consumption
 
4
 
should
be
repealed
;
HavingregardtotheTreatyestablishingtheEuropean
Community
,
and
in
particular
Article
100a
thereof
,
Havingregard
to
the
proposal
fromtheCommission
 
),
Whereaspackaginghas
a
vitalsocial
and
economicfunctionandtherefore
measures
provided
for
in
this
Directive
should
apply
without
prejudice
toother
relevant
legislative
requirements
affecting
quality
and
transport
of
packaging
or
packagedgoods
;
Havingregard
to
the
opinionof
the
Economic
and
Social
Committee
 
2
),
Acting
in
accordance
with
the
procedure
laid
down
in
Article189b
of
theTreaty
 
3
),
Whereas
,
in
line
with
the
Community
strategyforwaste
management
set
out
in
Council
resolution
of
7
May
1990onwaste
policy
 
5
 
and
Council
Directive
75
/
442
/
EEC
of
15
July
1975
on
waste
 
6
),
themanagement
of
packagingand
packagingwasteshould
include
as
a
first
priority
,
prevention
of
packagingwaste
and
,
as
additional
fundamental
principles
,
reuse
of
packaging
,
recycling
and
other
forms
of
recovering
packaging
waste
and
,
hence
,
reductionof
the
final
disposal
of
such
waste
;
Whereasthe
differing
national
measuresconcerningthe
management
of
packagingandpackagingwasteshould
be
harmonized
in
order
,
onthe
one
hand
,
toprevent
any
impact
thereof
onthe
environmentor
to
reduce
such
impact
,
thusproviding
a
high
level
ofenvironmental
protection
,
and
,
on
the
other
hand
,
to
ensurethefunctioningofthe
-
internal
marketandto
avoid
obstacles
totradeanddistortionandrestrictionof
competition
withintheCommunity
;
Whereas
,
until
scientific
and
technologicalprogress
is
made
with
regard
to
recovery
processes
,
reuse
and
recycling
should
be
consideredpreferable
in
terms
of
environmentalimpact
;
whereasthisrequiresthesettingup
in
theMember
States
of
systems
guaranteeing
the
return
of
used
packaging
and
/
or
packagingwaste
;
whereas
life-cycle
assessmentsshould
be
completed
as
soon
as
possible
to
justify
a
clearhierarchy
between
reusable
,
recyclable
and
recoverablepackaging
;
Whereasthebestmeans
of
preventingthecreation
ofpackagingwaste
is
to
reducetheoverallvolume
of
packaging
;
Whereas
it
is
important
,
in
relationofthe
objectives
of
this
Directive
,
to
respectthe
general
principle
that
measures
taken
in
one
Member
State
to
protect
the
environmentshould
not
adverselyaffect
theability
of
otherMember
States
to
achieve
the
objectives
of
the
Directive
;
Whereas
preventionofpackagingwaste
shall
be
carried
out
throughappropriate
measures
,
including
initiatives
takenwithintheMember
Statesin
accordancewiththe
objectives
of
thisDirective
;
WhereasMember
States
may
encourage
,
in
accordance
with
the
Treaty
,
reusesystems
of
packagingwhichcan
be
reused
in
anenvironmentally
soundmanner
,
in
order
to
takeadvantageof
the
contributionof
suchsystems
to
environmentalprotection
;
Whereasthe
reductionof
waste
is
essential
forthe
sustainable
growth
specifically
called
for
by
the
Treaty
on
EuropeanUnion
;
H
OJ
No
C
263
,
12
.
10
.
1992
,
p
.
1
and
OJ
No
C
285
,
21
.
10
.
1993
,
p
.
1
.
Whereas
fromanenvironmental
point
of
viewrecycling
should
be
regarded
as
an
important
part
of
recovery
with
 
2
 
OJ
No
C
129
,
10
.
5
.
1993
,
p.
18
.
 
3
 
Opinionof
the
EuropeanParliamentof
23
June
1993
 
OJ
No
C
194
,
19
.
7
.
1993
,
p.
177
),
commonpositionof
the
Council
of
4
March
1994
 
OJ
No
C137
,
19
.
5
.
1994
,
p.65
 
and
Decision
of
theEuropeanParliament
of
4
May
1994
 
OJ
No
C
205
,
25
.
7
.
1994
,
p.163
).
Confirmed
on
2
December1993
 
OJ
No
C
342
,
20
.
12
.
1993
,
p.
15
).
Jointtext
of
the
Conciliation
Committee
of
8
November
1994
.
 
4
 
OJ
No
L
176
,
6
.
7
.
1985
,
p.
18
.
Directive
as
amended
by
Directive
91
/
629
/
EEC
 
OJ
No
L
377
,
31
.
12
.
1991
,
p
.
48
).
 
5
 
OJ
No
C
122
,
18
.
5
.
1990
,
p.2
.
 
6
 
OJ
No
L
194
,
25
.
7
.
1975
,
p
.
39
.
Directiveas
lastamended
byDirective
91
/
156
/
EEC
 
OJ
No
L
78
,
26
.
3
.
1991
,
p
.
32
).
 
31
.
12
.
94
Official
Journal
oftheEuropean
Communities
No
L
365 
11
Whereas
,
in
orderto
minimize
 
theimpact
of
packaging
and
packagingwasteontheenvironment
andto
avoid
barriers
to
tradeanddistortionof
competition
,
it
is
also
necessary
to
define
the
essential
requirementsgoverningthe
compositionand
thereusable
and
recoverable
 
including
recyclable
)
natureof
packaging
;
Whereasthe
presence
of
noxious
metals
andother
substances
in
packagingshould
be
limited
in
view
of
theirenvironmentalimpact
{
in
particular
in
thelight
of
their
likely
presenceinemissions
or
ashwhenpackaging
is
incinerated
,
or
in
leachatewhenpackaging
is
landfilled
);
whereas
it
is
essential
,
as
a
first
step
towards
reducing
the
toxicity
of
packagingwaste
,
to
preventthe
addition
of
noxious
heavy
metals
to
packagingandensure
that
such
substances
are
not
released
intotheenvironment
,
with
appropriate
exemptionswhichshould
be
determined
by
theCommission
inspecificcases
under
a
Committeeprocedure
;
Whereas
,
ifahigh
level
of
recycling
is
to
be
attained
andhealth
and
safety
problems
are
to
be
avoided
by
thoseemployedtocollect
and
processpackagingwaste
,
it
is
essential
for
such
wasteto
be
sorted
at
source
;
Whereas
the
requirements
for
the
manufacturing
of
packagingshould
not
apply
to
packaging
used
for
a
given
product
before
thedate
of
entry
into
force
of
thisDirective
;
whereasa
transitionperiod
forthe
marketing
of
packaging
is
also
required
;
a
particular
view
to
reducingtheconsumption
of
energy
andof
primary
raw
materialsandthe
final
disposal
of
waste
;
Whereas
energyrecovery
is
one
effective
means
of
packagingwaste
recovery
;
Whereastargets
setin
Member
States
forthe
recovery
and
recycling
of
packagingwasteshould
be
confined
within
certainranges
soas
to
takeaccount
of
the
different
situations
in
Member
States
andto
avoid
creating
barrierstotradeanddistortionof
competition
;
Whereas
,
in
orderto
achieve
results
in
themediumterm
and
to
give
economic
operators
,
consumersandpublic
authorities
the
necessaryperspective
forthelongerterm
,
a
medium-term
deadline
should
be
setfor
attainingthe
aforementionedtargetsand
a
long-termdeadline
set
for
targets
to
be
determined
at
a
later
stage
with
aview
tosubstantially
increasingthose
targets
;
Whereasthe
European
Parliament
and
the
Council
should
,
onthe
basis
ofreports
by
theCommission
,
examinethepracticalexperiencegained
in
Member
Statesin
working
towards
theaforementionedtargetsand
the
findings
of
scientific
research
and
evaluationtechniques
such
as
eco-balances
;
WhereasMember
States
which
have
,
or
willset
,
programmes
going
beyondsuch
target
rangesshould
be
permitted
to
pursue
those
targets
in
theinterestof
a
high
level
of
environmentalprotectiononconditionshat
such
measuresavoid
disturbanceson
the
internalmarketand
do
not
prevent
other
Member
States
from
complying
with
this
Directive
;
whereastheCommissionshould
confirmsuchmeasures
afterappropriate
verification
;
Whereas
,
on
theotherhand
,
certainMember
States
may
be
allowed
to
 opt
lowertargets
because
of
the
specificcircumstances
in
thoseMember
States
,
on
condition
that
theyachieve
a
minimum
target
for
recovery
withinthestandard
deadline
,
and
the
standard
targets
by
a
later
deadline
;
Whereasthemanagement
of
packaging
and
packaging
wasterequiresthe
Member
States
to
set
up
return
,
collectionand
recoverysystems
;
whereas
suchsystems
should
be
opentothe
participation
of
all
interested
parties
and
be
designed
to
avoiddiscriminationagainstimported
productsand
barriers
totradeordistortionsof
competition
andto
guarantee
the
maximum
possible
returnof
packaging
and
packagingwaste
,
in
accordance
withthe
Treaty
;
Whereasthe
issue
of
Communitymarking
of
packagingrequires
further
study
,
but
should
be
decided
by
theCommunity
in
thenearfuture
;
Whereasthetiming
of
theprovision
on
theplacingonthe
marketof
packagingwhich
meets
all
essentialrequirements
should
take
accountof
thefact
that
European
standards
arebeing
prepared
by
the
competent
standardization
body
;
whereas
,
however
,
 
the
provisionson
means
of
proof
ofconformityofnationalstandards
shouldapply
without
delay
;
Whereasthe
preparation
ofEuropeanstandards
foressential
requirements
andother
related
issues
should
be
promoted
;
Whereas
the
measures
providedfor
in
this
Directive
implythe
development
of
recovery
and
recycling
capacities
andmarketoutletsfor
recycled
packaging
materials
;
Whereas
the
inclusion
of
recycled
material
in
packaging
should
not
contradict
relevantprovisionson
hygiene
,
health
and
consumer
safety
;
Whereas
Community-wide
data
onpackagingand
packaging
wasteare
needed
in
orderto
monitor
theimplementationof
theobjectives
of
thisDirective
;
 
No
L
365
 
1231
.
12
.
94
fficial
Journalof
the
European
Communities
thereofon
the
environmentof
all
Member
Statesaswell
as
of
third
countries
orto
reducesuch
impact
,
thus
providing
a
high
level
of
environmental
protection
,
and
,
on
the
other
hand
,
to
ensurethe
functioningof
the
internal
market
and
to
avoidobstacles
to
trade
and
distortionandrestriction
of
competitionwithin
the
Community
.
2
.
To
thisendthis
Directive
lays
down
measuresaimed
,
as
a
firstpriority
,
at
preventingthe
productionof
packagingwaste
and
,
as
additionalfundamental
principles
,
at
reusingpackaging
,
at
recycling
andother
forms
of
recoveringpackagingwaste
and
,
hence
,
at
reducingthe
final
disposal
of
such
waste
.
Whereas
it
is
essential
that
all
those
involved
in
the
production
,
use
,
import
anddistributionof
packagingand
packaged
products
become
more
awareof
the
extentto
whichpackaging
becomes
waste
,
and
that
in
accordance
with
the
polluter-pays
principletheyaccept
responsibilityfor
such
waste
;
whereasthedevelopmentandimplementation
of
themeasuresprovidedfor
in
thisDirective
should
involve
and
requirethe
close
cooperationof
all
the
partners
,
where
appropriate
,
within
a
spiritofshared
responsibility
;
Whereasconsumers
play
akey
role
in
themanagement
of
packaging
and
packagingwaste
andthus
have
to
be
adequatelyinformed
in
order
toadapt
their
behaviour
andattitudes
;
Whereas
the
inclusion
of
a
specific
chapteron
the
management
of
packaging
and
packagingwaste
in
the
waste
management
plans
required
pursuantto
Directive
75
/
442
 
EEC
will
contributeto
the
effective
implementation
of
thisDirective
;
Whereas
,
in
order
to
facilitate
the
achievement
of
theobjectives
of
this
Directive
,
it
may
be
appropriate
for
theCommunity
and
theMember
States
to
use
economicinstruments
in
accordancewith
the
provisions
of
the
Treaty
,
soas
to
avoidnewforms
of
protectionism
;
Whereas
Member
States
should
,
without
prejudice
to
CouncilDirective
83
/
189
/
EEC
of
28
March
1983laying
down
a
procedurefortheprovisionof
information
in
the
field
of
technical
standardsand
regulations
 
1
),
notifythe
Commission
ofdraftsof
anymeasuresthey
intendto
adopt
before
adopting
them
,
so
that
it
can
be
established
whetheror
not
theycomply
with
the
Directive
;
Whereasthe
adaptationto
scientific
and
technicalprogress
of
thepackagingidentification
system
andtheformatsrelatingto
a
database
system
should
be
ensured
by
theCommission
under
a
committee
procedure
;
Whereasit
is
necessary
to
providefor
specific
measures
to
be
taken
to
deal
withany
difficulties
encountered
in
theimplementation
of
this
Directive
in
accordance
,
where
appropriate
,
withthe
same
committee
procedure
,
Article
2
Scope
1
.
This
Directivecoversall
packagingplaced
onthe
market
in
the
Communityand
all
packagingwaste
,
whether
it
is
used
or
released
at
industrial
,
commercial
,
office
,
shop
,
service
,
household
or
any
other
level
,
regardless
of
the
material
used
.
2
.
This
Directiveshall
apply
without
prejudice
to
existing
qualityrequirementsforpackaging
such
as
thoseregarding
safety
,
the
protectionof
health
and
the
hygiene
of
thepacked
products
orto
existing
transportrequirements
orto
theprovisions
of
Council
Directive
91
 
689
/
EEC
of
12
December
1991
on
hazardous
waste
 2
).
Article
3
Definitions
For
the
purposes
of
this
Directive
:
1
.
 
packaging
 shall
mean
all
products
made
of
anymaterials
of
any
natureto
be
used
for
the
containment
,
protection
,
handling
,
delivery
andpresentationof
goods
,
from
rawmaterialsto
processedgoods
,
fromthe
producer
to
the
user
or
theconsumer
.
 
Non-returnable
 
items
used
forthe
same
purposes
shallalso
be
considered
to
constitute
packaging
.
 Packaging consistsonly
of
:
 
a
 
sales
packaging
orprimary
packaging
,i
.
e
.
packaging
conceived
soas
toconstitute
a
sales
unit
to
the
finaluser
or
consumer
at
the
pointof
purchase
;
 
b
 
groupedpackaging
or
secondarypackaging
,i
.
e
.
packaging
conceived
soas
toconstitute
at
the
point
ofpurchase
a
groupingof
a
certainnumber
HAVE
ADOPTED
THISDIRECTIVE
:
Article
1
Objectives
1
.
ThisDirectiveaims
toharmonize
national
measures
concerningthemanagementofpackagingandpackaging
waste
in
order
,
onthe
one
hand
,
toprevent
any
impact
( )
OJ
No
L
109
,
26
.
4
.
1983
,
p
.
8
.
Directive
as
last
amended
byDirective92
/
400
/
EEC
 
OJ
No
L
221
,
6
.
8
.
1992
,
p
.
55
).
 
2
 
OJ
No
L
377
,
31
.
12
.
1991
,
p
.
20
.

You're Reading a Free Preview

Download
/*********** DO NOT ALTER ANYTHING BELOW THIS LINE ! ************/ var s_code=s.t();if(s_code)document.write(s_code)//-->