Avis juridique important
31994L0062
European Parliament and Council Directive 94/62/EC of 20 December 1994 on
packaging and packaging waste
Official Journal L 365 , 31/12/1994 P. 0010 - 0023
Finnish special edition: Chapter 15 Volume 13 P. 0266
Swedish special edition: Chapter 15 Volume 13 P. 0266
EUROPEAN PARLIAMENT AND COUNCIL DIRECTIVE 94/62/EC of 20 December 1994 on
packaging and packaging waste
THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the European Community, and in particular Article
100a thereof,
Having regard to the proposal from the Commission (1),
Having regard to the opinion of the Economic and Social Committee (2),
Acting in accordance with the procedure laid down in Article 189b of the Treaty (3),
澳门历史简介Whereas the differing national measures concerning the management of packaging and
packaging waste should be harmonized in order, on the one hand, to prevent any impact
thereof on the environment or to reduce such impact, thus providing a high level of
environmental protection, and, on the other hand, to ensure the functioning of the internal
漆黑反义词market and to avoid obstacles to trade and distortion and restriction of competition within the
Community;天然气热水器排名
Whereas the best means of preventing the creation of packaging waste is to reduce the
overall volume of packaging;
Whereas it is important, in relation of the objectives of this Directive, to respect the general
principle that measures taken in one Member State to protect the environment should not
adverly affect the ability of other Member States to achieve the objectives of the Directive;
Whereas the reduction of waste is esntial for the sustainable growth specifically called for
by the Treaty on European Union;
Whereas this Directive should cover all types of packaging placed on the market and all
packaging waste; whereas; therefore, Council Directive 85/339/EEC of 27 June 1985 on
containers of liquids for human consumption (4) should be repealed;
Whereas packaging has a vital social and economic function and therefore measures provided
for in this Directive should apply without prejudice to other relevant legislative requirements
affecting quality and transport of packaging or packaged goods;
Whereas, in line with the Community strategy for waste management t out in Council
resolution of 7 May 1990 on waste policy (5) and Council Directive 75/442/EEC of 15 July
1975 on waste (6), the management of packaging and packaging waste should include as a
first priority, prevention of packaging waste and, as additional fundamental principles, reu
of packaging, recycling and other forms of recovering packaging waste and, hence, reduction
of the final disposal of such waste;
Whereas, until scientific and technological progress is made with regard to recovery
process, reu and recycling should be considered preferable in terms of environmental
impact; whereas this requires the tting up in the Member States of systems guaranteeing
the return of ud packaging and/or packaging waste; whereas life-cycle asssments should
be completed as soon as possible to justify a clear hierarchy between reusable, recyclable
and recoverable packaging;
Whereas prevention of packaging waste shall be carried out through appropriate measures,
including initiatives taken within the Member States in accordance with the objectives of this
Directive;
观的组词Whereas Member States may encourage, in accordance with the Treaty, reu systems of packaging which can be reud in an environmentally sound manner, in order to take advantage of the contribution of such systems to environmental protection;
Whereas from an environmental point of view recycling should be regarded as an important part of recovery with a particular view to reducing the consumption of energy and of primary raw materials and the final disposal of waste;
Whereas energy recovery is one effective means of packaging waste recovery;
Whereas targets t in Member States for the recovery and recycling of packaging waste should be confined within certain ranges so as to take account of the different situations in Member States and to avoid creating barriers to trade and distortion of competition; Whereas, in order to achieve results in the medium term and to give economic operators, consumers and public authorities the necessary perspective for the longer term, a medium-term deadline should be t for attaining the aforementioned targets and a long-term deadline t for targets to be determined at a later stage with a view to substantially increasing tho targets;
西华园Whereas the European Parliament and the Council should, on the basis of reports by the Commission, examine the practical experience gained in Member States in working towards the aforementioned targets and the findings of scientific rearch and evaluation techniques such as eco-balances;
Whereas Member States which have, or will t, programmes going beyond such target ranges should be permitted to pursue tho targets in the interest of a high level of environmental protection on condition shat such measures avoid disturbances on the internal market and do not prevent other Member States from complying with this Directive; whereas the Commission should confirm such measures after appropriate verification;
Whereas, on the other hand, certain Member States may be allowed to adopt lower targets becau of the specific circumstances in tho Member States, on condition that they achieve a minimum target for recovery within the standard deadline, and the standard targets by a later deadline;
Whereas the management of packaging and packaging waste requires the Member States to t up return, collection and recovery systems; whereas such systems should be open to the participation of all interested parties and be designed to avoid discrimination against imported products and barriers to trade or distortions of competition and to guarantee the maximum possible return of packaging and packaging waste, in accordance with the Treaty;
Whereas the issue of Community marking of packaging requires further study, but should be decided by the Community in the near future;
Whereas, in order to minimize the impact of packaging and packaging waste on the environment and to avoid barriers to trade and distortion of competition, it is also necessary to define the esntial requirements governing the composition and the reusable and recoverable (including recyclable) nature of packaging;
Whereas the prence of noxious metals and other substances in packaging should be limited in vie
w of their environmental impact (in particular in the light of their likely prence in emissions or ash when packaging is incinerated, or in leachate when packaging is landfilled); whereas it is esntial, as a first step towards reducing the toxicity of packaging waste, to prevent the addition of noxious heavy metals to packaging and ensure that such substances are not relead into the environment, with appropriate exemptions which should be determined by the Commission in specific cas under a Committee procedure;
Whereas, if a high level of recycling is to be attained and health and safety problems are to be avoided by tho employed to collect and process packaging waste, it is esntial for such waste to be sorted at source;
Whereas the requirements for the manufacturing of packaging should not apply to packaging ud for a given product before the date of entry into force of this Directive; whereas a transition period for the marketing of packaging is also required;
Whereas the timing of the provision on the placing on the market of packaging which meets all esntial requirements should take account of the fact that European standards are being prepared by the competent standardization body; whereas, however, the provisions on means of proof of conformity of national standards should apply without delay;
Whereas the preparation of European standards for esntial requirements and other related issues should be promoted;
Whereas the measures provided for in this Directive imply the development of recovery and recycling capacities and market outlets for recycled packaging materials;
Whereas the inclusion of recycled material in packaging should not contradict relevant provisions on hygiene, health and consumer safety;
Whereas Community-wide data on packaging and packaging waste are needed in order to monitor the implementation of the objectives of this Directive;
Whereas it is esntial that all tho involved in the production, u, import and distribution of packaging and packaged products become more aware of the extent to which packaging becomes waste, and that in accordance with the polluter-pays principle they accept responsibility for such waste; whereas the development and implementation of the measures provided for in this Directive should involve and require the clo cooperation of all the partners, where appropriate, within a spirit of shared responsibility;
Whereas consumers play a key role in the management of packaging and packaging waste and thus have to be adequately informed in order to adapt their behaviour and attitudes; Whereas the inclusion of a specific chapter on the management of packaging and packaging waste in the waste management plans required pursuant to Directive 75/442/EEC will contribute to the effective implementation of this Directive;
Whereas, in order to facilitate the achievement of the objectives of this Directive, it may be appropriate for the Community and the Member States to u economic instruments in accordance with the provisions of the Treaty, so as to avoid new forms of protectionism; Whereas Member States should, without prejudice to Council Directive 83/189/EEC of 28 March 1983 laying down a procedure for the provision of information in the field of technical standards and regulations (1), notify the Commission of drafts of any measures they intend to adopt before adopting them, so that it can be established whether or not they comply with the Directive;
Whereas the adaptation to scientific and technical progress of the packaging identification system and the formats relating to a databa system should be ensured by the Commission under a committee procedure;
Whereas it is necessary to provide for specific measures to be taken to deal with any difficulties encountered in the implementation of this Directive in accordance, where appropriate, with the same committee procedure,
HAVE ADOPTED THIS DIRECTIVE:
Article 1
Objectives 1. This Directive aims to harmonize national measures concerning the management of packaging and packaging waste in order, on the one hand, to prevent any impact thereof on the environment of all Member States as well as of third countries or to reduce such impact, thus providing a high level of environmental protection, and, on the other hand, to ensure the functioning of the internal market and to avoid obstacles to trade and distortion and restriction of competition within the Community.
2. To this end this Directive lays down measures aimed, as a first priority, at preventing the production of packaging waste and, as additional fundamental principles, at reusing packaging, at recycling and other forms of recovering packaging waste and, hence, at reducing the final disposal of such waste.
Article 2
Scope 1. This Directive covers all packaging placed on the market in the Community and all packaging waste, whether it is ud or relead at industrial, commercial, office, shop, rvice, houhold or any other level, regardless of the material ud.
2. This Directive shall apply without prejudice to existing quality requirements for packaging such as tho regarding safety, the protection of health and the hygiene of the packed products or to existing transport requirements or to the provisions of Council Directive
91/689/EEC of 12 December 1991 on hazardous waste (2).
Article 3
Definitions For the purpos of this Directive:
1. 'packaging` shall mean all products made of any materials of any nature to be ud for the containment, protection, handling, delivery and prentation of goods, from raw materials to procesd goods, from the producer to the ur or the consumer. 'Non-returnable` items ud for the same purpos shall also be considered to constitute packaging.
琅岐
'Packaging` consists only of:
(a) sales packaging or primary packaging, i. e. packaging conceived so as to constitute a sales unit to the final ur or consumer at the point of purcha;
(b) grouped packaging or condary packaging, i. e. packaging conceived so as to constitute at the point of purcha a grouping of a certain number of sales units whether the latter is sold as such to the final ur or consumer or whether it rves only as a means to replenish the shelves at the point of sale; it can be removed from the product without affecting its characteristics;
(c) transport packaging or tertiary packaging, i. e. 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. Transport packaging does not include road, rail, ship and air containers;
2. 'packaging waste` shall mean any packaging or packaging material covered by the definition of waste in Directive 75/442/EEC, excluding production residues;
3. 'packaging waste management` shall mean the management of waste as defined in Directive 75/442/EEC;
4. 'prevention` shall mean the reduction of the quantity and of the harmfulness for the environment of:
- materials and substances contained in packaging and packaging waste,
- packaging and packaging waste at production process level and at the marketing, distribution, utilization and elimination stages,
in particular by developing 'clean` products and technology;
5. 'reu` shall mean any operation by which packaging, which has been conceived and designed to accomplish within its life cycle a minimum number of trips or rotations, is refilled or ud for the same purpo for which it was conceived, with or without the support of auxiliary products prent on the market enabling the packaging to be refilled; such reud packaging will become packaging waste when no longer subject to reu;
6. 'recovery` shall mean any of the applicable operations provided for in Annex II.B to Directive 75/442/EEC;
7. 'recycling` shall mean the reprocessing in a production process of the waste materials for the origi
nal purpo or for other purpos including organic recycling but excluding energy recovery;
8. 'energy recovery` shall mean the u of combustible packaging waste as a means to generate energy through direct incineration with or without other waste but with recovery of the heat;
9. 'organic recycling` shall mean the aerobic (composting) or anaerobic (biomethanization) treatment, under controlled conditions and using micro-organisms, of the biodegradable parts of packaging waste, which produces stabilized organic residues or methane. Landfill shall not be considered a form of organic recycling;
10. 'disposal` shall mean any of the applicable operations provided for in Annex II.A to Directive 75/442/EEC;
英语鬼故事11. 'economic operators` in relation to packaging shall mean suppliers of packaging materials, packaging producers and converters, fillers and urs, importers, traders and distributors, authorities and statutory organizations;
12. 'voluntary agreement` shall mean the formal agreement concluded between the competent public authorities of the Member State and the economic ctors concerned, which has to be open t
o all partners who wish to meet the conditions of the agreement with a view to working towards the objectives of this Directive.
Article 4
Prevention 1. Member States shall ensure that, in addition to the measures to prevent the formation of packaging waste taken in accordance with Article 9, other preventive measures
are implemented. Such other measures may consist of national programmes or similar actions adopted, if appropriate in consultation with economic operators, and designed to collect and take advantage of the many initiatives taken within Member States as regards prevention. They shall comply with the objectives of this Directive as defined in Article 1 (1).
2. The Commission shall help to promote prevention by encouraging the development of suitable European standards, in accordance with Article 10.
Article 5
Member States may encourage reu systems of packaging, which can be reud in an environmentally sound manner, in conformity with the Treaty.
Article 6
结构胶的用途和性能Recovery and recycling 1. In order to comply with the objectives of this Directive, Member States shall take the necessary measures to attain the following targets covering the whole of their territory;
(a) no later than five years from the date by which this Directive must be implemented in national law, between 50 % as a minimum and 65 % as a maximum by weight of the packaging waste will be recovered;
(b) within this general target, and with the same time limit, between 25 % as a minimum and
45 % as a maximum by weight of the totality of packaging materials contained in packaging waste will be recycled with a minimum of 15 % by weight for each packaging material;
(c) no later than 10 years from the date by which this Directive must be implemented in national law, a percentage of packaging waste will be recovered and recycled, which will have to be determined by the Council in accordance with paragraph 3 (b) with a view to substantially increasing the targets mentioned in paragraphs (a) and (b).
2. Member States shall, where appropriate, encourage the u of materials obtained from recycled p
ackaging waste for the manufacturing of packaging and other products.
3. (a) The European Parliament and the Council shall, on the basis of an interim report by the Commission, and four years from the date referred to in paragraph 1 (a) on the basis of a final report, examine the practical experience gained in the Member States in the pursuance of the targets and objective laid down in paragraphs 1 (a) and (b) and 2 and the findings of scientific rearch and evaluation techniques such as eco-balances.
(b) No later than six months before the end of the first five-year pha referred to in paragraph 1 (a) the Council shall, acting by qualified majority and on a proposal from the Commission, fix targets for the cond five-year pha referred to in paragraph 1 (c). This process shall be repeated every five years thereafter.
4. The measures and targets referred to in paragraph 1 (a) and (b) shall be published by the Member States and shall be the subject of an information campaign for the general public and economic operators.
5. Greece, Ireland and Portugal may, becau of their specific situation, i. e. respectively the large number of small islands, the prence of rural and mountain areas and the current low level of packa
ging consumption, decide to:
(a) attain, no later than five years from the date of implementation of this Directive, lower targets than tho fixed in paragraph 1 (a) and (b), but shall at least attain 25 % for recovery;
(b) postpone at the same time the attainment of the targets in paragraph 1 (a) and (b) to a later deadline which, however, shall not exceed 31 December 2005.
6. Member States which have, or will, t programmes going beyond the targets of paragraph 1 (a) and (b) and which provide to this effect appropriate capacities for recycling and recovery, are permitted to pursue tho targets in the interest of a high level of environmental protection, on condition that the measures avoid distortions of the internal market and do not hinder compliance by other Member States with the Directive. Member States shall inform the Commission thereof. The Commission shall confirm the measures, after having verified, in cooperation with the Member States, that they are consistent with the considerations above and do not constitute an arbitrary means of discrimination or a disguid restriction on trade between Member States.
Article 7
Return, collection and recovery systems 1. Member States shall take the necessary measures
