Commission Decision

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/EC on packaging and packaging waste

(notified under document number C(2001) 398)

(Text with EEA relevance)

(2001/171/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to European Parliament and Council Directive 94/62/EC of 20 December 1994 on packaging and packaging waste(1), and in particular Article 11(3) thereof,

Whereas:

(1) Directive 94/62/EC provides in Article 11 a gradual reduction of the concentration of heavy metals in packaging.

(2) Experience of the first years of application of Article 11 has shown that there is a specific problem in the glass sector, as the recycled glass is contaminated by glass material containing high quantities of lead.

(3) The full applications of the level of 100 ppm, which is due to enter into force on 30 June 2001, might have as a consequence that the use of recycled glass is reduced, in order to comply with Article 11. This result is environmentally not desirable for this reason.

(4) The derogation is intended for glass packaging taking account of its characteristics in relation to emissions of heavy metals and the importance of further encouraging glass recycling.

(5) The 100 ppm limit is to be concerned by the derogation.

(6) Measurements results from production sites and measurement methods employed should be made available to the competent authorities if requested.

(7) The derogation is to expire on 30 June 2006 unless this deadline is extended in accordance with the procedure laid down in Article 21 of Directive 94/62/EC.

(8) The measures provided for in this Decision are in accordance with the opinion of the Committee, established pursuant to Article 21 of European Parliament and Council Directive 94/62/EC,

HAS ADOPTED THIS DECISION:

[^F1Article A1

1. In this Decision, “ Directive 94/62/EC ” means European Parliament and Council Directive 94/62/EC on packaging and packaging waste, as last amended by Directive (EU) 2018/852 of the European Parliament and of the Council , and read in accordance with paragraphs 2 and 3.

2.Article 2 is to be read as if—

(a) in paragraph 1, for “the Community” there were substituted “Great Britain” ;

(b)paragraph 2 were omitted.

3. Article 3 is to be read as if, in paragraph 2, for “Article 3 of Directive 2008/98/EC ” there were substituted “Article 3(1) of the Waste Framework Directive, as read with Articles 5 and 6 of that Directive”.

4. In paragraph 3, the “ Waste Framework Directive ” means Directive 2008/98/EC of the European Parliament and of the Council on waste, as last amended by Directive (EU) 2018/851 , and read in accordance with paragraphs 5 and 6.

5. Article 5 is to be read as if—

(a) in paragraph 1, “Member States shall take appropriate measures to ensure that” were omitted;

(b)after paragraph 1 there were inserted—

“1A.Any decision as to whether a substance or object is a by-product must be made—

(a)

in accordance with any regulations setting out detailed criteria on the application of the conditions in paragraph 1 to specific substances or objects; and

(b)

having regard to any guidance published by the appropriate authority or the appropriate agency for the purposes of this Article.”;

(c)paragraphs 2 and 3 were omitted.

6.Article 6 is to be read as if—

(a) in paragraph 1, “Member States shall take appropriate measures to ensure that” were omitted;

(b)after paragraph 1 there were inserted—

“1A.Any decision as to whether a substance or object has ceased to be waste must be made—

(a)

in accordance with any regulations or [^F2 assimilated direct^F2] legislation setting out detailed criteria on the application of the conditions in paragraph 1 to specific types of waste; and

(b)

having regard to any guidance published by the appropriate authority or the appropriate agency for the purposes of this Article.”;

(c)in paragraph 2—

(i)the first subparagraph were omitted;

(ii) in the second subparagraph, for “Those detailed criteria” there were substituted “Any detailed criteria set out in guidance as referred to in paragraph 1A”;

(iii)the third and fourth subparagraphs were omitted;

(d)paragraph 3 were omitted;

(e)in paragraph 4—

(i)in the first subparagraph—

(aa) in the first sentence, for the words from the beginning to “Member State”, there were substituted “Where criteria have not been set out as referred to in paragraph 1A(a), the appropriate agency”;

(bb)the second sentence were omitted;

(ii)in the second subparagraph—

(aa) for “Member States” there were substituted “The appropriate agency”;

(bb) “by competent authorities” were omitted.

7.In this Article—

“appropriate agency” means—

(a)in relation to England, the Environment Agency;

(b)in regulation to Wales, the Natural Resources Body for Wales;

(c)in relation to Scotland, the Scottish Environment Protection Agency;

“appropriate authority” means—

(a)in relation to England, the Secretary of State;

(b)in relation to Wales, the Welsh Ministers;

(c)in relation to Scotland, the Scottish Ministers.^F1]

Article 1

^F3This Decision, shall apply to glass packaging covered by Directive 94/62/EC ....

Article 2

For the purposes of this Decision:

the definitions as set out in Article 3 of Directive 94/62/EC shall apply,
‘intentionally introduced’ shall mean ‘deliberately utilised in the formulation of a packaging or a packaging component where its continued presence is desired in the final packaging or packaging component to provide a specific characteristic, appearance, or quality’; the use of recycled materials as feedstock for the manufacture of new packaging materials, where some portion of the recycled materials may contain amounts of regulated metals, is not be considered as intentionally introduced.

Article 3

^F4Glass packaging is allowed to exceed, after the date of 30 June 2001, the limit of 100 ppm by weight ... where it complies with all the conditions established in Articles 4 and 5 of this Decision.

Article 4

No lead, cadmium, mercury or hexavalent chromium shall be intentionally introduced during the manufacturing process.

The packaging material may only exceed the concentration limits because of the addition of recycled materials.

Article 5

^F5[^X1 Where the average heavy metals concentration levels on any twelve consecutive monthly controls made from the production of each individual glass furnace, representative of normal and regular production activity, exceeds the 200 ppm limit, the manufacturer or his authorised representative^X1] shall submit a report to the competent authorities .... This report shall include as a minimum the following information:

measures values,
description of measurement methods employed,
suspected sources for the presence of heavy metals concentration levels,
detailed description of the measures taken to reduce the heavy metals concentration levels.

^F7Where neither the manufacturer nor his authorised representative is established within [^F6Great Britain^F6] , the obligation to submit a report to the competent authorities shall be with the person who places the product on the ... market.

Measurement results from production sites and measurement methods employed shall be made available at any time to the competent authorities, if requested.

^F8Article 6

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F9Article 7