European Commission updates list of examples of what is or is not packaging

02 April 2012

Article 3 (1) of Directive 94/62/EC on packaging and packaging waste provides a generic definition of packaging and criteria for interpretation of what is packaging and what is not.
Annex I of the Directive provides a list of illustrative examples of the application of these criteria. Following the requirements of Article 3 (1) of Directive 94/62/EC, the Commission shall examine, and where necessary review, the list of illustrative examples for the definition of packaging given in Annex I. In order to further harmonise the interpretation of the definition of packaging in the EU, Annex I of Directive 94/62/EC is reviewed to add new illustrative examples that have been discussed with the Member States.
The measure is required to clarify cases where the borderline between what is packaging and what is not, remains unclear. The aim is to facilitate the implementation and enforcement of the packaging legislative framework and create a level playing field for economic operators across the EU's internal market.
Accordingly, the Commission submitted a draft Directive for vote in the Committee established under Article 21 of the directive. The Committee did not deliver an opinion on the draft Directive in its meeting on 12 December 2011. In the light of the position taken by the Committee, the item 'release paper of self adhesive labels' has been deleted from the proposal.
Thus, in accordance with the procedure set out in Article 5a of Decision 1999/468/EC a Proposal for a Council Directive is submitted to Council and forwarded to the European Parliament (Proposal for a Council Directive COM(2012) 141 final).