Proposal for a Directive of the European Parliament and of the Council amending Directive 94/62/EC on packaging and packaging waste - Working document - Hoofdinhoud

COUNCIL OF PUBLIC Brussels, 15 October 2003

THE EUROPEAN UNION

13640/03

Interinstitutional File:

2001/0291 (COD) i LIMITE

CODEC 1411 ENV 548

COVER NOTE

Subject : Proposal for a Directive of the European Parliament and of the Council amending Directive 94/62/EC i on packaging and packaging waste

– Working document

Delegations will find attached a working document in view of the Trialogue on 21 October 2003.

13640/03 MV/ec

EUROPEAN PARLIAMENT COUNCIL

15 October 2003

Proposal for a European Parliament and Council directive amending Directive

94/62/EC on packaging and packaging waste

2001/0291(COD) i

WORKING DOCUMENT

Trialogue on 21 October 2003

Highlighting in the tables

Bold italics

In the second column, changes and additions to the wording of the common position are shown in bold italics.

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Highlighting in normal italics is for the specialist departments concerned. It is a mode of communication between the two institutions’ specialist departments. It concerns parts of the legislative text for which a correction is proposed, to assist preparation of the final text (for instance, obvious errors or omissions in a given language version). Suggested corrections of this kind are subject to the agreement of the departments concerned.

Underlining

In the third and fourth columns underlining is used to indicate changes to a reference text.

The sign ‘[…]’ is used only in the third and fourth columns: it shows where text has been deleted.

COUNCIL EP AMENDMENTS COUNCIL'S POSITION RAPPORTEUR'S POSITION

COMMON POSITION (SECOND READING) (Coreper on 10.10.2003)

Amendment 1

RECITAL 2

(2) The definition of "packaging" (2) The definition of "packaging" Accept EP compromise text as 2) The definition of "packaging"

laid down in Directive 94/62/EC i laid down in Directive 94/62/EC i outlined in column 4 (linked to laid down in Directive 94/62/EC i

should be further clarified through should be further clarified through amendment 30). should be further clarified through

the introduction of certain criteria the introduction of certain criteria the introduction of certain criteria

and an annex containing illustrative and an annex containing illustrative and an annex containing

examples. It is necessary, in order examples. It is necessary, in order illustrative examples. It is

to achieve the ambitious recycling to achieve the ambitious recycling necessary, in order to achieve the

targets, to encourage the targets, to encourage the ambitious recycling targets, to

development of innovative and development of innovative, encourage the development of

viable recycling processes, as for environmentally sound and viable innovative, environmentally

instance the chemical recycling of recycling processes. sound and viable recycling

plastics. processes. An evaluation of the

different recycling methods

should be made with a view to

drawing up definitions for these

methods.

linked to proposed compromise on EP amendment 30

  EN

COUNCIL EP AMENDMENTS COUNCIL'S POSITION RAPPORTEUR'S POSITION

COMMON POSITION (SECOND READING) (Coreper on 10.10.2003)

Amendment 22

RECITAL 6

(6) The management of packaging (6) The management of packaging Accept EP amendment

and packaging waste requires the and packaging waste requires the

Member States to set up return, Member States to set up return,

collection and recovery systems. collection and recovery systems.

Such systems should be open to the Such systems should be open to the

participation of all interested participation of all interested parties

parties and be designed to avoid and be designed to avoid

discrimination against imported discrimination against imported

products and barriers to trade or products and barriers to trade or

distortions of competition and to distortions of competition and to

guarantee the maximum possible guarantee the maximum possible

return of packaging and packaging return of packaging and packaging

waste, in accordance with the waste, in accordance with the

Treaty. The operators in the Treaty. Discrimination against

packaging chain as a whole should materials on the basis of their

shoulder their shared responsibility weight should be avoided. The

to ensure that the environmental operators in the packaging chain as

impact of packaging and packaging a whole should shoulder their

waste throughout its life cycle is shared responsibility to ensure that

reduced as far as possible. the environmental impact of

packaging and packaging waste

throughout its life cycle is reduced

as far as possible.

  EN

COUNCIL EP AMENDMENTS COUNCIL'S POSITION RAPPORTEUR'S POSITION

COMMON POSITION (SECOND READING) (Coreper on 10.10.2003)

Amendment 3

RECITAL 7

(7) Community-wide data on (7) Annual Community-wide data Accept EP amendment

packaging and packaging waste, on packaging and packaging waste,

including on waste exported for including on waste exported for

recycling and recovery outside recycling and recovery outside

the Community, are needed in the Community, are needed in order

order to monitor the to monitor the implementation of

implementation of the objectives of the objectives of this Directive.

this Directive. This requires a This requires a harmonised

harmonised reporting technique reporting technique and clear

and clear guidelines for data guidelines for data providers.

providers.

  EN

COUNCIL EP AMENDMENTS COUNCIL'S POSITION RAPPORTEUR'S POSITION

COMMON POSITION (SECOND READING) (Coreper on 10.10.2003)

Amendment 24

ARTICLE 1, POINT 1

Article 3, point 1 (Directive 94/62/EC i)

• 1. 

  the following subparagraph shall 1. the following paragraphs shall Accept EP compromise text as 1. the following subparagraph shall

be added to point (1) of Article 3: be added to point (1) of Article 3: outlined in column 4 (linked to be added to point (1) of Article 3

amendment 32)

"The definition of "packaging" "The definition of "packaging" "The definition of "packaging"

shall be further based on the shall be further based on the shall be further based on the criteria

criteria set out below. The items criteria set out below. The items set out below. The items listed in

listed in Annex I are illustrative listed in Annex I are illustrative Annex I are illustrative examples of

examples of the application of examples of the application of the application of these criteria.

these criteria. these criteria.

(i) Items shall be considered to be (i) Items shall be considered to be (i) Items shall be considered to be

packaging if they fulfil the packaging if they fulfil the packaging if they fulfil the

definition above without definition above without definition above without prejudice

prejudice to other functions prejudice to other functions to other functions which the

which the packaging might also which the packaging might also packaging might also perform,

perform, unless the item is an perform, unless the item is an unless the item is an integral part of

integral part of a product and all integral part of a durable product a product and it is necessary to

elements are intended to be that is necessary to contain, contain, support or preserve that

consumed or disposed of support or preserve that product product throughout its lifetime and

together. throughout its lifetime and all all elements are intended to be

elements are intended to be used, consumed or disposed of

utilised for their intended together.

purpose, or disposed of together.

  EN

(ii)Items designed and intended to (ii)Items designed and intended to be be filled at the point of sale and filled at the point of sale and

"disposable" items sold, filled or "disposable" items sold, filled or designed and intended to be designed and intended to be filled filled at the point of sale shall be at the point of sale shall be considered to be packaging considered to be packaging provided they fulfil a packaging provided they fulfil a packaging function. function.

(iii)Packaging components and (iii) Packaging components and ancillary elements integrated ancillary elements integrated into packaging shall be into packaging shall be

considered to be part of the considered to be part of the packaging into which they are packaging into which they are integrated. Ancillary elements integrated. Ancillary elements directly hung or attached to a directly hung or attached to a product and which perform a product and which perform a packaging function shall be packaging function shall be considered to be packaging considered to be packaging unless they are an integral part unless they are an integral part of this product and all elements of this product and all elements are intended to be consumed or are intended to be consumed or disposed of together." disposed of together.

  EN

The Commission shall as soon as The Commission shall, as practicable, in accordance with appropriate, in accordance with the procedure laid down in Article the procedure laid down in 21, examine and, where Article 21, examine and, where necessary, revise the illustrative necessary, review the examples for the definition of illustrative examples on the packaging referred to in Annex I." definition of packaging

referred to in Annex I. As a priority, the following items shall be addressed: CD and Video cases, flower pots, tubes and cylinders around which flexible material is wound, release paper of self-adhesive labels and wrapping paper.

  EN

COUNCIL EP AMENDMENTS COUNCIL'S POSITION RAPPORTEUR'S POSITION

COMMON POSITION (SECOND READING) (Coreper on 10.10.2003)

Amendment 25 ARTICLE 1, POINT 1a (new) Article 4 (Directive 94/62/EC i) 1a. Article 4 shall be replaced by Accept EP compromise text with the following: the following change:

"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, projects to introduce producer responsibility to minimise the environmental impact of packaging or similar actions adopted, if appropriate in consultation with economic operators, and designed to bring together and take advantage of the

  EN

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. The standards shall aim to minimise the environmental impact of packaging in accordance with

Articles 9 and 10.

• 3. 

  The Commission shall present 3. The Commission shall, as 3. The Commission shall, as at the latest by 30 June 2005 appropriate, present proposals for appropriate, present proposals for proposals for measures to measures to strengthen and measures to strengthen and strengthen and complement the complement the enforcement of the complement the enforcement of the enforcement of the essential essential requirements and to essential requirements and to requirements and to ensure that ensure that new packaging is put on ensure that new packaging is put on new packaging is put on the the market only if the producer has the market only if the producer has market only if the producer has taken [...] adequate measures to taken all measures to minimise its taken all measures to minimise its minimise its environmental impact environmental impact without environmental impact without without compromising the essential compromising the essential compromising the essential functions of the packaging. functions of the packaging. functions of the packaging.

  EN

COUNCIL EP AMENDMENTS COUNCIL'S POSITION RAPPORTEUR'S POSITION

COMMON POSITION (SECOND READING) (Coreper on 10.10.2003)

Amendment 28

ARTICLE 1, POINT 2

Article 6, paragraph 7, point (c) (Directive 94/62/EC i)

(c) postpone the attainment of the (c) postpone the attainment of the Maintain common position Maintain EP amendment.

targets referred to in targets referred to in

paragraphs 1(b), (d) and (e) until a paragraphs 1(b), (d) and (e) until a

date of their own choice which date of their own choice which

shall not be later than shall not be later than

31 December 2012. 30 June 2010.

  EN

COUNCIL EP AMENDMENTS COUNCIL'S POSITION RAPPORTEUR'S POSITION

COMMON POSITION (SECOND READING) (Coreper on 10.10.2003)

Amendment 29

ARTICLE 1, POINT 2

Article 6, paragraph 7a (new) (Directive 94/62/EC i)

7a. Member States acceding to the Maintain the common position. Maintain EP amendment.

European Union by virtue of the

Accession Treaty of 16 April 2003 As a compromise, the Presidency

may postpone the attainment of invited the Commission to prepare

the targets referred to in a declaration clarifying its intention

paragraph 1(b), (d) and (e) until a to submit a proposal on the

date of their own choosing which deadlines for the acceding States,

shall not be later than a date to be so that the necessary measures are

established at the latest by .......* in in place before the deadline for

accordance with the procedure set transposition of the current revision

out in Article 251 of the Treaty. Directive expires. 1

*18 months after the date of entry into force of this Directive.

1 The proposed Commission declaration was presented to Coreper on 10/10/2003 and reads as follows:

"Following a request by certain acceding States for consultation on the proposal to revise Directive 94/62/EC i, in accordance with the interim arrangements for the period preceding accession, the Commission concluded that the requests by the acceding countries for transitional periods with respect to the targets of Article 1(2) were justified. In line with this conclusion, the Commission will put forward a proposal with a view to putting in place the necessary provisions before the deadline for transposition of the current revision directive expires".

  EN

COUNCIL EP AMENDMENTS COUNCIL'S POSITION RAPPORTEUR'S POSITION

COMMON POSITION (SECOND READING) (Coreper on 10.10.2003)

Amendment 30

ARTICLE 1, POINT 2

Article 6, paragraph 8, subparagraph 1, points (a) to (g) (Directive 94/62/EC i)

(a) an evaluation of the (a) an evaluation of the (a) an evaluation of the Accept Council proposal, provided

effectiveness of the implementation effectiveness, implementation and effectiveness, implementation and that the text of point aa) of EP

of the essential requirements; enforcement of the essential enforcement of the essential amendment is moved to recital 2

requirements requirements (see proposal under EP

(aa) an evaluation of the different amendment 1)

recycling methods with a view to

drawing up definitions for these

methods;

(b) additional prevention measures (b) additional prevention measures (b) additional prevention measures to reduce the impact of packaging to reduce the overall to reduce the environmental impact as far as possible without environmental impact of packaging of packaging as far as possible compromising its essential as far as possible without without compromising its essential functions; compromising its essential functions;

functions;

(c) the possible development of a (c) the possible development of a (c) the possible development of a packaging indicator to render packaging environment indicator to packaging environment indicator to packaging prevention simpler and render packaging waste prevention render packaging prevention more effective; simpler and more effective; simpler and more effective;

(d) possible packaging waste (d) packaging waste prevention (d) packaging waste prevention prevention plans; plans; plans;

(e) encouragement of re-use; (e) re-use and, in particular, (e) encouragement of re-use and, in comparison of ecological benefits particular, comparison of the costs of re-use and those of recycling; and benefits of re-use and those of

recycling;

  EN

(f) producer responsibility (f) producer responsibility (f) producer responsibility including its financial aspects; including its financial aspects; including its financial aspects;

(g) efforts to reduce further and, if (g) efforts to reduce further and (g) efforts to reduce further and, if appropriate, ultimately phase out ultimately phase out hazardous appropriate, ultimately phase out heavy metal in packaging by 2010. substances in packaging by 2010. heavy metals and other hazardous

substances in packaging by 2010.

  EN

COUNCIL EP AMENDMENTS COUNCIL'S POSITION RAPPORTEUR'S POSITION

COMMON POSITION (SECOND READING) (Coreper on 10.10.2003)

Amendment 15 ARTICLE 1, POINT 2 Article 6, paragraph 8a (new) (Directive 94/62/EC i) 8a. The report shall address the 8a. The report shall address the 8a. The report shall address the issues in paragraph 8 as well as issues in paragraph 8 as well as issues in paragraph 8 as well as other relevant issues in the other relevant issues in the other relevant issues in the framework of the different framework of the different elements framework of the different elements elements of the 6th Environmental of the 6th Environmental Action of the 6th Environmental Action Action Programme, in particular Programme, in particular the Programme, in particular the the Thematic Strategy on Thematic Strategy on Recycling Thematic Strategy on Recycling Recycling and the Thematic and the Thematic Strategy on the and the Thematic Strategy on the Strategy on the Sustainable Use of Sustainable Use of Resources. Sustainable Use of Resources.

Resources. The Commission and the Member [...] The Commission and the

In order to base the report on States shall, as appropriate, Member States shall, as practical experience, the encourage studies and pilot projects appropriate, encourage studies and Commission and the Member concerning points 8(b), (c), (d), (e) [...] pilot projects concerning points States shall encourage the and (f) and other prevention 8(b), (c), (d), (e) and (f) and other initiation and evaluation of pilot instruments. prevention instruments. projects concerning points 8 (b), (c), (d) and (f) and other Introduce the last part of EP prevention instruments such as amendment in recital 9 as follows: consumer watchdogs and Recital 9: complaints procedures. The Member States should promote recital 9: participation of all stakeholders relevant consumer information and Member States should promote shall be ensured. awareness campaigns and relevant consumer information and encourage other prevention awareness campaigns and instruments [...] encourage other prevention instruments such as consumer watchdogs and complaints procedures.

  EN

COUNCIL EP AMENDMENTS COUNCIL'S POSITION RAPPORTEUR'S POSITION

COMMON POSITION (SECOND READING) (Coreper on 10.10.2003)

Amendment 23 ARTICLE 1, POINT 5a (new) Article 20, paragraph 1 (Directive 94/62/EC i) 5a. Article 20(1) shall be replaced 5a. Article 20(1) shall be replaced 5a. Article 20(1) shall be replaced by the following: by the following: by the following: '1. The Commission, in '1. The Commission, in accordance '1. The Commission, in accordance accordance with the procedure with the procedure laid down in with the procedure laid down in laid down in Article 21, shall Article 21, shall determine the Article 21, shall determine the determine the technical measures technical measures necessary to technical measures necessary to necessary to deal with any deal with any difficulties deal with any difficulties difficulties encountered in encountered in applying the encountered in applying the applying the provisions of this provisions of this Directive in provisions of this Directive in Directive in particular to inert particular to inert packaging particular to inert packaging packaging materials, the quantities materials, put on the market in very materials, put on the market in very of which do not exceed 0,1% of all small quantities (ie approximately small quantities (ie approximately packaging put on the market in the 0,1% by weight) in the European 0,1%) in the European Union, European Union, primary Union, primary packaging for primary packaging for medical packaging for medical devices and medical devices and devices and pharmaceutical pharmaceutical products, small pharmaceutical products, small products, small packaging and packaging and luxury packaging.' packaging and luxury packaging.' luxury packaging.'

  EN

COUNCIL EP AMENDMENTS COUNCIL'S POSITION RAPPORTEUR'S POSITION

COMMON POSITION (SECOND READING) (Coreper on 10.10.2003)

Amendment 31/rev ARTICLE 1, POINT 6a (new) Article 22, paragraph 3a (new) (Directive 94/62/EC i) 6a. In Article 22, the following Accept EP amendment paragraph shall be inserted:

'3a. Provided that the objectives set out in Article 6 are achieved, Member States may transpose the provisions of Article 7 by means of agreements between the competent authorities and the economic sectors concerned.

Such agreements shall meet the following requirements:

(a) agreements shall be enforceable;

(b) agreements shall specify objectives with the corresponding deadlines;

(c) agreements shall be published in the national official journal or an official document equally accessible to the public, and transmitted to the Commission;

  EN

(d) the results achieved shall be monitored regularly, reported to the competent authorities and the

Commission and made available to the public under the conditions set out in the agreement;

(e) the competent authorities shall ensure that the progress achieved under the agreement is examined;

(f) in case of non-compliance with the agreement, Member

States must implement the relevant provisions of this

Directive by legislative, regulatory or administrative measures."

  EN

COUNCIL EP AMENDMENTS COUNCIL'S POSITION RAPPORTEUR'S POSITION

COMMON POSITION (SECOND READING) (Coreper on 10.10.2003)

Amendment 32

ANNEX

Annex I, illustrative examples for criterion (i) (Directive 94/62/EC i)

Packaging: Packaging: Maintain Common position (with See proposed compromise on

acceptance of proposed amendment 24.

Sweet boxes Sweet boxes compromise on amendment 24)

Film overwrap around a CD case Film overwrap around a CD case

CD and video cases for short-term use

Non packaging: Non packaging:

Flower pots intended to stay with Flower pots intended to stay with the plant throughout its life the plant throughout a significant

part of its life

Tool boxes Tool boxes

Tea bags Tea bags

Wax layers around cheese Wax layers around cheese

Sausage skins Sausage skins

  EN

Tubes and cylinders around which flexible material is wound

Release paper of self-adhesive labels

Wrapping and gift wrapping paper sold as a separate product

  EN

COUNCIL EP AMENDMENTS COUNCIL'S POSITION RAPPORTEUR'S POSITION

COMMON POSITION (SECOND READING) (Coreper on 10.10.2003)

ARTICLE 1, POINT 2

Article 6, paragraph 1(a) and (b) (Directive 94/62/EC i)

(a) no later than 30 June 2001

between 50% as a minimum

and 65% as a maximum by

weight of packaging waste will

be recovered or incinerated at

waste incineration plants with

energy recovery;

(b) no later than 31 December 2008 60% as a minimum by weight of packaging waste will be recovered or incinerated at waste incineration plants with energy recovery;

Nota Bene : In order to reach an overall agreement on this dossier, it will be essential to solve the questions posed by the European Court of Justice in the recent judgements in cases C-458/00, C-228/00 and C-116/01. In fact, the Common Position was agreed under the assumption that recovery includes incineration at waste incineration plants with energy recovery. Although this question was not addressed by the common position and has not been the subject of an amendment by the European Parliament in second reading, it is crucial that an appropriate common solution be established in the context of the conciliation procedure. The proposed text clarifies that this type of incineration should be counted for the targets of subparagraphs (a) and (b).

  EN

COUNCIL EP AMENDMENTS COUNCIL'S POSITION RAPPORTEUR'S POSITION

COMMON POSITION (SECOND READING) (Coreper on 10.10.2003)

ARTICLE 1, POINT 2

Article 6, paragraph 7 (a) (Directive 94/62/EC i)

(a) attain, no later than

30 June 2001, lower targets

than those fixed in

paragraphs 1(a) and (c), but

shall at least attain 25% for

recovery or incineration at

waste incineration plants with

energy recovery;

Nota Bene : In order to reach an overall agreement on this dossier, it will be essential to solve the questions posed by the European Court of Justice in the recent judgements in cases C-458/00, C-228/00 and C-116/01. In fact, the Common Position was agreed under the assumption that recovery includes incineration at waste incineration plants with energy recovery. Although this question was not addressed by the common position and has not been the subject of an amendment by the European Parliament in second reading, it is crucial that an appropriate common solution be established in the context of the conciliation procedure. The proposed text clarifies that this type of incineration should be counted for the target of subparagraph (a).

  EN

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