NEW Directives on PACKAGING and PACKAGING WASTE

Packaging and packaging waste

The European Union is seeking to harmonise national measures concerning the management of packaging and packaging waste to provide a high level of environmental protection and ensure the functioning of the internal market.

ACT

European Parliament and Council Directive 94/62/EC of 20 December 1994 on packaging and packaging waste [See amending acts].

SUMMARY

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, household or any other level, regardless of the material used.

The Commission updates the list of examples given in Annex I to illustrate the definition of the term “packaging”.

Member States should take measures to prevent the formation of packaging waste, and to develop packaging reuse systems reducing their impact on the environment.

The Member States must introduce systems for the return and/or collection of used packaging to attain the following targets:

• by no later than 30 June 2001, between 50 and 65% by weight of packaging waste to be recovered or incinerated at waste incineration plants with energy recovery;
• by no later than 31 December 2008, at least 60% by weight of packaging waste to be recovered or incinerated at waste incineration plants with energy recovery;
• by no later than 30 June 2001, between 25 and 45% by weight of the totality of packaging materials contained in packaging waste to be recycled (with a minimum of 15% by weight for each packaging material);
• by no later than 31 December 2008, between 55 and 80% by weight of packaging waste to be recycled;
• no later than 31 December 2008 the following targets for materials contained in packaging waste must be attained:
  • 60% for glass, paper and board;
  • 50% for metals;
  • 22.5% for plastics and;
  • 15% for wood.

The 2006 Report on the implementation of Directive 94/62/EC on packaging and packaging waste concluded that almost half of the Member States held derogations applying until 2015. Nevertheless, the objectives set for 2008 in Directive 2004/12/EC were to remain valid, even after 2008.

The incineration of waste at plants with energy recovery is regarded as contributing to the realisation of these objectives.

Greece, Ireland and Portugal, because of the large number of small islands, the presence of rural and mountain areas and the low level of packaging consumption respectively, will not be bound by the targets until 2011.

Directive 94/62/EC lays down essential requirements with which these countries should comply regarding the composition and the reusable and recoverable nature of packaging and packaging waste. The Commission is to promote the development of European standards relating to these essential requirements.

Member States must ensure that packaging placed on the market complies with the essential requirements of Annex II:

• to limit the weight and volume of packaging to a minimum in order meet the required level of safety, hygiene and acceptability for consumers;
• to reduce the content of hazardous substances and materials in the packaging material and its components;
• to design reusable or recoverable packaging.

Member States should develop information systems (databases) on packaging and packaging waste so that realisation of the targets of this Directive can be monitored. The data they hold must be sent to the Commission in the formats laid down in Annex III.

Directive 2005/20/EC sets a later deadline for the 10 new Member States (the Czech Republic, Estonia, Cyprus, Latvia, Lithuania, Hungary, Malta, Poland, Slovenia, Slovakia) to meet the targets of this packaging directive. These derogations are valid until 2015. Romania and Bulgaria have also been granted specific derogations, defined in their respective Treaties of Accession.

REFERENCES

Act	Date of entry into force	Final date for implementation in the Member States	Official Journal
Directive 94/62/EC	31.12.1994	30.6.1996	OJ L 365, 31.12.1994

Amending Act(s)	Date of entry into force	Implementation in the Member States	Official Journal
Directive 2004/12/EC	18.2.2004	18.8.2005	OJ L 47, 18.2.2004
Directive 2005/20/EC	5.4.2005	9.9.2006	OJ L 70, 16.3.2005
Regulation (EC) No219/2009	20.4.2009	-	OJ L 87 of 31.3.2009

The successive amendments and corrections to Directive 94/62/EC have been incorporated in the basic text. This consolidated version  is of documentary value only.

RELATED ACTS

Harmonisation

Commission Decision 2005/270/EC of 22 March 2005 establishing the formats relating to the database system pursuant to European Parliament and Council Directive 94/62/ECon packaging and packaging waste [Official Journal L 86 of 5.4.2005].The formats serve to harmonise the characteristics and presentation of data on packaging and packaging waste, making them compatible from one Member State to another. The data will be used to monitor attainment of the targets of Directive 94/62/EC. Data provision is only compulsory for the following packaging materials: glass, plastics, paper, board, wood and metals.

Decision 2001/524/EC relating to the publication of references for standards EN 13428:2000, EN 13429:2000, EN 13430:2000, EN 13431:2000 and EN 13432:2000 in the Official Journal of the European Communities in connection with Directive 94/62/EC on packaging and packaging waste [Official Journal L 190 of 12.7.2001].

Derogations

Commission Decision2001/171/EC of 19 February 2001 establishing the conditions for a derogation for glass packaging in relation to the heavy metal concentration levels established in Directive 94/62/ECon packaging and packaging waste [Official Journal L 62 of 2.3.2001].Decision extended by:
Commission Decision 2006/340/EC[Official Journal L 125, 12.5.2006];

Commission Decision 2009/292/EC of 24 March 2009 establishing the conditions for a derogation for plastic crates and plastic pallets in relation to the heavy metal concentration levels established in Directive 94/62/EC of the European Parliament and of the Council on packaging and packaging waste [Official Journal L 79 of 25.3.2009].

Identification systems

Commission Decision 97/129/EC of 28 January 1997 establishing the identification system for packaging materials pursuant to European Parliament and Council Directive 94/62/EC on packaging and packaging waste [Official Journal L 50 of 20.2.1997].The Decision establishes the numbering and abbreviations on which the identification system is based, indicating the nature of the packaging material(s) used and specifying which materials are subject to the identification system.

Application of legislation

Commission Report of November 2009 on the implementation of Community legislation on waste, particularly Directive2006/12/EC on waste, Directive 91/689/EEC on hazardous waste, Directive75/439/EEC on waste oils, Directive 86/278/EEC on sewage sludge, Directive 94/62/EC on packaging and packaging waste, Directive 1999/31/EC on the landfill of waste and Directive 2002/96/EC on waste electrical and electronic equipment for the period 2004-2006 [COM(2009) 633 final – Not published in the Official Journal].The Directive was duly transposed by all Member States and the level of enforcement is satisfactory overall. No infringement proceedings were initiated in 2009.
The Directive allowed stable recycling and recovery rates to be reached for packaging waste, which had positive effects on the environment. During the reference period 2004-2006, the amount of packaging waste generated increased (part of this increase was due to the enlargement of the EU in 2004), whilst recycling and recovery rates remained stable. In 2006, eight Member States did not meet one or more of the imposed recycling/recovery objectives. Separate collection systems for packaging waste were introduced throughout the EU, with different degrees of effectiveness however, and all Member States concentrated on raising consumer awareness of packaging and packaging waste management in an ecologically sound manner. The practical application of essential requirements was however called into question by some stakeholders, which moved the Commission to undertake a further examination of the situation.
With regard to the effects of the Directive on the internal market, legal discussions have taken place in recent years between the Commission and Member States concerning compatibility with the rules of the internal market of national measures aimed at reducing the environmental impact of beverage packaging and the volume of waste it generates. Although the overall objective is often justified from an ecological point of view, some national measures go beyond what is necessary and may hinder the use and marketing of beverages and their packaging in a disproportionate way. In order to avoid other problems in the internal market and to reduce the number of legal discussions with Member States, the Commission adopted a Communication entitled “Beverage packaging, deposit systems and free movement of goods”, which summarises the solutions that have been identified and developed to date.

Report from the Commission to the Council and the European Parliament of 6 December 2006 on the implementation of Directive 94/62/EC on packaging and packaging waste and its impact on the environment, as well as on the functioning of the internal market [COM(2006) 767 - Not published in the Official Journal].
The Commission notes considerable improvements in terms of recycling, recovery and incineration of packaging and packaging waste between 1997 and 2002. It notes that in 2002, the 75 targets applicable to EU-15 were achieved. Recovery and recycling have had positive environmental effects, including a reduction in greenhouse gas emissions and resource savings if compared with the mere disposal of packaging in landfills to be incinerated without energy recovery. The Commission also notes that recycling packaging does not cost much more than disposal, while packaging prevention is both complex and difficult to implement effectively. Furthermore, certain national measures and an incorrect application of the Directive have led to partitioning of the internal market, in particular in the beverage sector, and the Commission hopes to evaluate in more detail the ways in which such market restrictions may be avoided. The Commission also hopes to remain flexible with respect to incentives aimed at encouraging prevention and reuse of packaging.

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