Summary
Regarding the Directive 94/62/EC of the European Parliament and of the Council of 20 December 1994 on packaging and packaging waste, its purpose is to harmonize the measures of member states regarding the management of packaging and packaging waste. On the one hand, it aims to prevent or reduce the impact on the environment and provide a high level of environmental protection. On the other hand, it ensures the functioning of the internal market and avoids trade barriers, distortions and restrictions on competition. The directive covers all packaging and all packaging waste placed on the Community market, stipulating the definitions of packaging, packaging waste management, prevention, reuse, recycling and other aspects, and putting forward specific objectives and measure requirements for member states.
Highlights
Objectives and Scope:
This directive aims to harmonize the management measures of member states for packaging and packaging waste in order to achieve environmental protection and the normal functioning of the internal market. The directive covers all packaging and all packaging waste placed on the Community market, regardless of the level of their use or release, without affecting existing packaging quality requirements and transportation requirements, etc.
Definitions and Terms:
Clear definitions are given for terms such as "packaging", "packaging waste", "packaging waste management", "prevention", "reuse", "recycling", "recycling for reuse", "energy recovery", "organic recycling", "disposal", "economic operator", "voluntary agreement", etc.
Preventive Measures:
Member states shall ensure the implementation of measures to prevent the formation of packaging waste, including national plans or similar actions, in line with the objectives of the directive. The Commission shall promote prevention by encouraging the development of appropriate European standards.
Recycling and Reuse:
Member states shall take the necessary measures to achieve the objectives of packaging waste recycling and reuse, including reaching specific weight percentage targets within a certain period of time. Greece, Ireland and Portugal may decide on lower targets or postpone the achievement of targets due to specific circumstances.
Return, Collection and Recycling Systems:
Member states shall take measures to ensure the establishment of systems for recovering packaging waste from consumers or the waste stream and for its reuse or recycling, including recycling for reuse. These systems shall be open to relevant economic operators and public authorities and shall apply to imported products, avoiding trade barriers and competition distortions.
Marking and Identification Systems:
The Council shall decide on the marking of packaging within two years after the entry into force of the directive. To facilitate collection, reuse and recycling, packaging shall indicate the nature of the packaging materials used. The Commission shall determine the numbers and abbreviations of the identification system within 12 months after the entry into force of the directive.
Basic Requirements:
Member states shall ensure that, three years after the entry into force of the directive, only packaging that complies with all the basic requirements (including Annex II) as defined in the directive can be placed on the market. Member states shall presume that packaging complies with the basic requirements under specific circumstances and shall notify the Commission of the texts of their national standards.
Heavy Metal Concentration Levels:
Member states shall ensure that the total concentration levels of lead, cadmium, mercury and Cr6+ in packaging do not exceed specific values. The Commission shall determine the circumstances in which these concentration levels do not apply and the types of packaging exempted.