EUR-Lex - 31994L0062 - EN 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 wasteTHE 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), 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 market and to avoid obstacles to trade and distortion and restriction of competition within the Community; 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 adversely affect the ability of other Member States to achieve the objectives of the Directive; Whereas the reduction of waste is essential 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therefore, Council Directive 85/339/EEC of 27 June 1985 on containers of liquids for human consumption (4) should be repealed; Whereas packaging has a vital social and economic function and therefore measures provided for in this Directive should apply without prejudice to other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 set 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, reuse 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 processes, reuse and recycling should be considered preferable in terms of environmental impact; whereas this requires the setting up in the Member States of systems guaranteeing the return of used packaging and/or packaging waste; whereas life-cycle assessments 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; Whereas Member States may encourage, in accordance with the Treaty, reuse systems of packaging which can be reused 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 set 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 set for attaining the aforementioned targets and a long-term deadline set for targets to be determined at a later stage with a view to substantially increasing those targets; 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 research and evaluation techniques such as eco-balances; Whereas Member States which have, or will set, programmes going beyond such target ranges should be permitted to pursue those 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 because of the specific circumstances in those 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 set 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 essential requirements governing the composition and the reusable and recoverable (including recyclable) nature of packaging; Whereas the presence of noxious metals and other substances in packaging should be limited in view of their environmental impact (in particular in the light of their likely presence in emissions or ash when packaging is incinerated, or in leachate when packaging is landfilled); whereas it is essential, 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 released into the environment, with appropriate exemptions which should be determined by the Commission in specific cases 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 those employed to collect and process packaging waste, it is essential for such waste to be sorted at source; Whereas the requirements for the manufacturing of packaging should not apply to packaging used 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 essential 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 essential 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 essential that all those involved in the production, use, 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 close 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 use 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 database 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 used or released at industrial, commercial, office, shop, service, household or any other level, regardless of the material used. 2. This Directive shall apply without prejudice to existing quality requirements for packaging such as those 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 purposes of this Directive: 1. 'packaging` shall mean all products made of any materials of any nature to be used for the containment, protection, handling, delivery and presentation of goods, from raw materials to processed goods, from the producer to the user or the consumer. 'Non-returnable` items used for the same purposes shall also be considered to constitute packaging. 'Packaging` consists only of: (a) sales packaging or primary packaging, i. e. packaging conceived so as to constitute a sales unit to the final user or consumer at the point of purchase; (b) grouped packaging or secondary packaging, i. e. packaging conceived so as to constitute at the point of purchase a grouping of a certain number of sales units whether the latter is sold as such to the final user or consumer or whether it serves 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. 'reuse` 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 used for the same purpose for which it was conceived, with or without the support of auxiliary products present on the market enabling the packaging to be refilled; such reused packaging will become packaging waste when no longer subject to reuse; 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 original purpose or for other purposes including organic recycling but excluding energy recovery; 8. 'energy recovery` shall mean the use 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; 11. 'economic operators` in relation to packaging shall mean suppliers of packaging materials, packaging producers and converters, fillers and users, 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 sectors concerned, which has to be open to 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 reuse systems of packaging, which can be reused in an environmentally sound manner, in conformity with the Treaty. Article 6 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 use of materials obtained from recycled packaging 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 research and evaluation techniques such as eco-balances. (b) No later than six months before the end of the first five-year phase referred to in paragraph 1 (a) the Council shall, acting by qualified majority and on a proposal from the Commission, fix targets for the second five-year phase 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, because of their specific situation, i. e. respectively the large number of small islands, the presence of rural and mountain areas and the current low level of packaging consumption, decide to: (a) attain, no later than five years from the date of implementation of this Directive, lower targets than those 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, set 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 those targets in the interest of a high level of environmental protection, on condition that these 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 these 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 disguised restriction on trade between Member States. Article 7 Return, collection and recovery systems 1. Member States shall take the necessary measures to ensure that systems are set up to provide for: (a) the return and/or collection of used packaging and/or packaging waste from the consumer, other final user, or from the waste stream in order to channel it to the most appropriate waste management alternatives; (b) the reuse or recovery including recycling of the packaging and/or packaging waste collected, in order to meet the objectives laid down in this Directive. These systems shall be open to the participation of the economic operators of the sectors concerned and to the participation of the competent public authorities. They shall also apply to imported products under non-discriminatory conditions, including the detailed arrangements and any tariffs imposed for access to the systems, and shall be designed so as to avoid barriers to trade or distortions of competition in conformity with the Treaty. 2. The measures referred to in paragraph 1 shall form part of a policy covering all packaging and packaging waste and shall take into account, in particular, requirements regarding the protection of environmental and consumer health, safety and hygiene; the protection of the quality,the authenticity and the technical characteristics of the packed goods and materials used; and the protection of industrial and commercial property rights. Article 8 Marking and identification system 1. The Council shall, in accordance with the conditions laid down in the Treaty, decide no later than two years after the entry into force of this Directive on the marking of packaging. 2. To facilitate collection, reuse and recovery including recycling, packaging shall indicate for purposes of its identification and classification by the industry concerned the nature of the packaging material(s) used. To that end, the Commission shall, not later than 12 months after the entry into force of this Directive determine, on the basis of Annex I and in accordance with the procedure laid down in Article 21, the numbering and abbreviations on which the identification system is based and shall specify which materials shall be subject to the identification system in accordance with the same procedure. 3. Packaging shall bear the appropriate marking either on the packaging itself or on the label. It shall be clearly visible and easily legible. The marking shall be appropriately durable and lasting, including when the packaging is opened. Article 9 Essential requirements 1. Member States shall ensure that three years from the date of the entry into force of this Directive, packaging may be placed on the market only if it complies with all essential requirements defined by this Directive including Annex II. 2. Member States shall, from the date set out in Article 22 (1), presume compliance with all essential requirements set out in this Directive including Annex II in the case of packaging which complies: (a) with the relevant harmonized standards, the reference numbers of which have been published in the Official Journal of the European Communities. Member States shall publish the reference numbers of national standards transposing these harmonized standards; (b) with the relevant national standards referred to in paragraph 3 in so far as, in the areas covered by such standards, no harmonized standards exist. 3. Member States shall communicate to the Commission the text of their national standards, as referred to in paragraph 2 (b), which they deem to comply with the requirements referred to in this Article. The Commission shall forward such texts forthwith to the other Member States. Member States shall publish the references of these standards. The Commission shall ensure that they are published in the Official Journal of the European Communities. 4. Where a Member State or the Commission considers that the standards referred to in paragraph 2 do not entirely meet the essential requirements referred to in paragraph 1, the Commission or the Member State concerned shall bring the matter before the Committee set up by Directive 83/189/EEC giving the reasons therefor. This Committee shall deliver an opinion without delay. In the light of the Committee's opinion, the Commission shall inform Member States whether or not it is necessary to withdraw those standards from the publications referred to in paragraphs 2 and 3. Article 10 Standardization The Commission shall promote, as appropriate, the preparation of European standards relating to the essential requirements referred to in Annex II. The Commission shall promote, in particular, the preparation of European standards relating to: - criteria and methodologies for life-cycle analysis of packaging, - the methods for measuring and verifying the presence of heavy metals and other dangerous substances in the packaging and their release into the environment from packaging and packaging waste, - criteria for a minimum content of recycled material in packaging for appropriate types of packaging, - criteria for recycling methods, - criteria for composting methods and produced compost, - criteria for the marking of packaging. Article 11 Concentration levels of heavy metals present in packaging 1. Member States shall ensure that the sum of concentration levels of lead, cadmium, mercury and hexavalent chromium present in packaging or packaging components shall not exceed the following: - 600 ppm by weight two years after the date referred to in Article 22 (i); - 250 ppm by weight three years after the date referred to in Article 22 (i); - 100 ppm by weight five years after the date referred to in Article 22 (i). 2. The concentration levels referred to in paragraph 1 shall not apply to packaging entirely made of lead crystal glass as defined in Directive 69/493/EEC (1). 3. The Commission shall, in accordance with the procedure laid down in Article 21, determine: - the conditions under which the above concentration levels will not apply to recycled materials and to product loops which are in a closed and controlled chain, - the types of packaging which are exempted from the requirement referred to in paragraph 1, third indent. Article 12 Information systems 1. Member States shall take the necessary measures to ensure that databases on packaging and packaging waste are established, where not already in place, on a harmonized basis in order to contribute to enabling Member States and the Commission to monitor the implementation of the objectives set out in this Directive. 2. To this effect, the databases shall provide in particular information on the magnitude, characteristics and evolution of the packaging and packaging waste flows (including information on the toxicity or danger of packaging materials and components used for their manufacture) at the level of individual Member States. 3. In order to harmonize the characteristics and presentation of the data produced and to make the data of the Member States compatible, Member States shall provide the Commission with their available data by means of formats which shall be adopted by the Commission one year from the date of entry into force of this Directive on the basis of Annex III, in accordance with the procedure laid down in Article 21. 4. Member States shall take into account the particular problems of small and medium-sized enterprises in providing detailed data. 5. The data obtained shall be made available with the national reports referred to in Article 17 and shall be updated in subsequent reports. 6. Member States shall require all economic operators involved to provide competent authorities with reliable data on their sector as required in this Article. Article 13 Information for users of packaging Member States shall take measures, within two years of the date referred to in Article 22 (1), to ensure that users of packaging, including in particular consumers, obtain the necessary information about: - the return, collection and recovery systems available to them, - their role in contributing to reuse, recovery and recycling of packaging and packaging waste, - the meaning of markings on packaging existing on the market, - the appropriate elements of the management plans for packaging and packaging waste as referred to in Article 14. Article 14 Management Plans In pursuance of the objectives and measures referred to in this Directive, Member States shall include in the waste management plans required pursuant to Article 17 of Directive 75/442/EEC, a specific chapter on the management of packaging and packaging waste, including measures taken pursuant to Articles 4 and 5. Article 15 Economic instruments Acting on the basis of the relevant provisions of the Treaty, the Council adopts economic instruments to promote the implementation of the objectives set by this Directive. In the absence of such measures, the Member States may, in accordance with the principles governing Community environmental policy, inter alia, the polluter-pays principle, and the obligations arising out of the Treaty, adopt measures to implement those objectives. Article 16 Notification 1. Without prejudice to Directive 83/189/EEC, before adopting such measures, Member States shall notify the drafts of measures which they intend to adopt within the framework of this Directive to the Commission, excluding measures of a fiscal nature, but including technical specifications linked to fiscal measures which encourage compliance with such technical specifications, in order to permit the latter to examine them in the light of existing provisions following in each case the procedure under the above Directive. 2. If the proposed measure is also a technical matter within the meaning of Directive 83/189/EEC, the Member State concerned may indicate, when following the notification procedures referred to in this Directive, that the notification is equally valid for Directive 83/189/EEC. Article 17 Obligation to report Member States shall report to the Commission on the application of this Directive in accordance with Article 5 of Council Directive 91/692/EEC of 23 December 1991 standardizing and rationalizing reports on the implementation of certain Directives relating to the environment (1). The first report shall cover the period 1995 to 1997. Article 18 Freedom to place on the market Member States shall not impede the placing on the market of their territory of packaging which satisfies the provisions of this Directive. Article 19 Adaptation to scientific and technical progress The amendments necessary for adapting to scientific and technical progress the identification system - as referred to in Article 8 (2), Annex I and Article 10, last indent - and the formats relating to the database system - as referred to in Article 12 (3) and Annex III - shall be adopted in accordance with the procedure laid down in Article 21. Article 20 Specific measures 1. The Commission, in accordance with the procedure laid down in Article 21, shall determine the technical measures necessary to deal with any difficulties encountered in applying the provisions of this Directive in particular to primary packaging for medical devices and pharmaceutical products, small packaging and luxury packaging. 2. The Commission shall also present a report to the European Parliament and the Council on any other measure to be taken, if appropriate accompanied by a proposal. Article 21 Committee procedure 1. The Commission shall be assisted by a committee composed of the representatives of the Member States and chaired by the representative of the Commission. 2. The representative of the Commission shall submit to the committee a draft of the measures to be taken. The committee shall deliver its opinion on the draft within a time limit which the chairman may lay down according to the urgency of the matter. The opinion shall be delivered by the majority laid down in Article 148 (2) of the Treaty in the case of decisions which the Council is required to adopt on a proposal from the Commission. The votes of the representatives of the Member States within the committee shall be weighted in the manner set out in that Article. The chairman shall not vote. 3. (a) The Commission shall adopt the measures envisaged if they are in accordance with the opinion of the committee. (b) >If the measures envisaged are not in accordance with the opinion of the committee, or if no opinion is delivered, the Commission shall, without delay, submit to the Council a proposal relating to the measures to be taken. The Council shall act by a qualified majority. If, on the expiry of a period which may in no case exceed three months from the date of referral to the Council, the Council has not acted, the proposed measures shall be adopted by the Commission. Article 22 Implementation in national law 1. Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive before 30 June 1996. They shall immediately inform the Commission thereof. 2. When Member States adopt these measures, they shall contain a reference to this Directive or shall be accompanied by such reference on the occasion of their official publication. the methods for making such reference shall be laid down by the Member States. 3. In addition, Member States shall communicate to the Commission all existing laws, regulations and administrative provisions adopted within the scope of this Directive. 4. The requirements for the manufacturing of packaging shall in no case apply to packaging used for a given product before the date of entry into force of this Directive. 5. Member States shall, for a period not exceeding five years from the date of the entry into force of the present Directive, allow the placing on the market of packaging manufactured before this date and which is in conformity with their existing national law. Article 23 Directive 85/339/EEC is hereby repealed with effect from the date referred to in Article 22 (1). Article 24 This Directive shall enter into force on the day of its publication in the Official Journal of the European Communities. Article 25 This Directive is addressed to the Member States. Done at Brussels, 20 December 1994. For the European Parliament The President K. HAENSCH For the Council The President K. KINKEL (1) OJ No C 263, 12. 10. 1992, p. 1 and OJ No C 285, 21. 10. 1993, p. 1. (2) OJ No C 129, 10. 5. 1993, p. 18. (3) Opinion of the European Parliament of 23 June 1993 (OJ No C 194, 19. 7. 1993, p. 177), common position of the Council of 4 March 1994 (OJ No C 137, 19. 5. 1994, p. 65) and Decision of the European Parliament of 4 May 1994 (OJ No C 205, 25. 7. 1994, p. 163). Confirmed on 2 December 1993 (OJ No C 342, 20. 12. 1993, p. 15). Joint text of the Conciliation Committee of 8 November 1994. (4) OJ No L 176, 6. 7. 1985, p. 18. Directive as amended by Directive 91/629/EEC (OJ No L 377, 31. 12. 1991, p. 48). (5) OJ No C 122, 18. 5. 1990, p. 2. (6) OJ No L 194, 25. 7. 1975, p. 39. Directive as last amended by Directive 91/156/EEC (OJ No L 78, 26. 3. 1991, p. 32). (1) OJ No L 109, 26. 4. 1983, p. 8. Directive as last amended by Directive 92/400/EEC (OJ No L 221, 6. 8. 1992, p. 55). (2) OJ No L 377, 31. 12. 1991, p. 20. (1) OJ No L 326, 29. 12. 1969, p. 36. (1) OJ No L 377, 31. 12. 1991, p. 48. ANNEX I IDENTIFICATION SYSTEM The numbering used shall be from 1 to 19 for plastic, from 20 to 39 for paper and cardboard, from 40 to 49 for metal, from 50 to 59 for wood, from 60 to 69 for textiles and from 70 to 79 for glass. The identification system may also use the abbreviation for the relevant material(s) (e. g. HDPE: high density polyethylene). Materials may be identified by a numbering system and/or abbreviation. The identification marks shall appear in the centre of or below the graphical marking indicating the reusable or recoverable nature of the packaging. ANNEX II ESSENTAIL REQUIREMENTS ON THE COMPOSITION AND THE REUSABLE AND RECOVERABLE, INCLUDING RECYCLABLE, NATURE OF PACKAGING 1. Requirements specific to the manufacturing and composition of packaging - Packaging shall be so manufactured that the packaging volume and weight be limited to the minimum adequate amount to maintain the necessary level of safety, hygiene and acceptance for the packed product and for the consumer. - Packaging shall be designed, produced and commercialized in such a way as to permit its reuse or recovery, including recycling, and to minimize its impact on the environment when packaging waste or residues from packaging waste management operations are disposed of. - Packaging shall be so manufactured that the presence of noxious and other hazardous substances and materials as constituents of the packaging material or of any of the packaging components is minimized with regard to their presence in emissions, ash or leachate when packaging or residues from management operations or packaging waste are incinerated or landfilled. 2. Requirements specific to the reusable nature of packaging The following requirements must be simultaneously satisfied: - the physical properties and characteristics of the packaging shall enable a number of trips or rotations in normally predictable conditions of use, - possiblity of processing the used packaging in order to meet health and safety requirements for the workforce, - fulfil the requirements specific to recoverable packaging when the packaging is no longer reused and thus becomes waste. 3. Requirements specific to the recoverable nature of packaging (a) Packaging recoverable in the form of material recycling Packaging must be manufactured in such a way as to enable the recycling of a certain percentage by weight of the materials used into the manufacture of marketable products, in compliance with current standards in the Community. The establishment of this percentage may vary, depending on the type of material of which the packaging is composed. (b) Packaging recoverable in the form of energy recovery Packaging waste processed for the purpose of energy recovery shall have a minimum inferior calorific value to allow optimization of energy recovery. (c) Packaging recoverable in the form of composting Packaging waste processed for the purpose of composting shall be of such a biodegradable nature that it should not hinder the separate collection and the composting process or activity into which it is introduced. (d) Biodegradable packaging Biodegradable packaging waste shall be of such a nature that it is capable of undergoing physical, chemical, thermal or biological decomposition such that most of the finished compost ultimately decomposes into carbon dioxide, biomass and water. ANNEX III DATA TO BE INCLUDED BY MEMBER STATES IN THEIR DATABASES ON PACKAGING AND PACKAGING WASTE (IN ACCORDANCE WITH TABLES 1 TO 4) 1. For primary, secondary and tertiary packaging: (a) quantities, for each broad category of material, of packaging consumed within the country (produced + imported − exported) (Table 1); (b) quantities reused (Table 2). 2. For household and non-household packaging waste: (a) quantities for each broad category of material, recovered and disposed of within the country (produced + imported − exported) (Table 3); (b) quantities recycled and quantities recovered for each broad category of material (Table 4). >TABLE>>TABLE>>TABLE>>TABLE>

Summary: Packaging and packaging waste Packaging and packaging waste SUMMARY OF: Directive 94/62/EC on packaging and packaging waste WHAT IS THE AIM OF THE DIRECTIVE? Directive 94/62/EC sets out the EU’s rules on managing packaging and packaging waste. Directive 94/62/EC aims at: harmonising national measures concerning the management of packaging and packaging waste; and improving the quality of the environment by preventing and reducing the impact of packaging and packaging waste on the environment. Directive (EU) 2018/852 is the last amendment of Directive 94/62/EC and contains updated measures designed to: prevent the production of packaging waste, and promote the reuse, recycling and other forms of recovering of packaging waste, instead of its final disposal, thus contributing to the transition towards a circular economy*. KEY POINTS Scope The directive covers all packaging placed on the European market and all packaging waste, whether it is used or released at industrial, commercial, office, shop, service, household or any other level, regardless of the material used. Measures The directive as amended requires EU countries to take measures, such as national programmes, incentives through extended producer responsibility schemes and other economic instruments, to prevent the generation of packaging waste and to minimise the environmental impact of packaging. EU countries should encourage the increase in the share of reusable packaging* put on the market and of systems to reuse packaging in an environmentally sound manner without compromising food safety or the safety of consumers. This may include: deposit-return schemes targets economic incentives minimum percentages of reusable packaging placed on the market for each type of packaging, etc. EU countries must also take the necessary measures to meet recycling targets which vary depending on a packaging material. For this purpose, they must apply the new calculation rules for reporting on the new recycling targets to be achieved by 2025 and 2030. Targets By 31 December 2025, at least 65% by weight of all packaging waste must be recycled. The recycling targets per material are: 50% of plastic 25% of wood 70% of ferrous metals 50% of aluminium 70% of glass, and 75% of paper and cardboard. By 31 December 2030, at least 70% by weight of all packaging waste must be recycled. This includes: 55% of plastic 30% of wood 80% of ferrous metals 60% of aluminium 75% of glass and 85% of paper and cardboard. Essential requirements EU countries must ensure that the packaging placed on the market meets the essential requirements contained in Annex II of the directive: to limit the weight and volume of packaging to a minimum adequate amount in order to still meet the required level of safety, hygiene and acceptability for the packed product and for the consumers; to minimise the content of hazardous substances and materials in the packaging material and its components; to design reusable or recoverable packaging, which may include design for material or organic recycling as well as design for energy recovery. The amended directive clarified the difference between packaging recoverable in the form of composting and biodegradable packaging waste and specified that oxo-degradable plastic packaging (plastic packaging with additives causing it to break down into microscopic particles and contributing to the presence of microplastics in the environment)is not considered as biodegradable packaging. The European Commission is currently examining how to reinforce the essential requirements with the view to improving packaging design for reuse and promoting high-quality recycling, as well as strengthening the enforcement of the essential requirements. Packaging recovery systems EU countries should ensure that systems are set up to provide for the return and/or collection of used packaging and/or packaging waste, as well as the reuse or recovery including recycling of the packaging and/or packaging waste collected. Producer responsibility By end of 2024, EU countries should ensure that producer responsibility schemes* are established for all packaging. Producer responsibility schemes provide for the financing or financing and organisation of the return and/or collection of used packaging and/or packaging waste and its channelling to the most appropriate waste management option, as well as for reuse or recycling of the collected packaging and packaging waste. These schemes will need to comply with minimum requirements established under Waste Framework Directive 2008/98/EC (see summary). The schemes should help incentivise packaging that is designed, produced and commercialised in a way that promotes packaging reuse or high quality recycling and minimise the impact of packaging and packaging waste on the environment. Information systems and reporting An implementing act, Decision 2005/270/EC sets out the formats, as well as the rules for the calculation, verification and reporting of data that must be provided by EU countries to the Commission each year to monitor the implementation of Directive 94/62/EC. Decision (EU) 2019/665 amends Decision 2005/270/EC introducing new rules to bring it into line with the new rules in Directive 94/62/EC regarding the calculation of the attainment of the recycling targets relating to: the possibility of taking into account — up to maximum 5% of the recycling target — reusable sales packaging (Article 5(2)),the possibility of taking into account wooden packaging repaired for reuse (in Article 5(3)),the calculation of the amount of metals in packaging waste separated from incineration bottom ash after incinerated (Article 6a),composite packaging, which should no longer be reported per predominant material, but rather per material contained in the packaging, with a possible derogations for materials that constitute less than 5% of the total mass of the packaging unit. The new calculation rules aim at making sure that only waste that enters a recycling operation or waste that has achieved end of waste status should be used for the calculation of the recycling target and, as a general rule, the measurement of waste should be at the input to the recycling operation. the decision provides for an enhanced system of quality control on reported data (data directly from economic operators, use of electronic registries), thus ensuring a better traceability of reported data, including on waste exported for recycling to non-EU third countries. Decision (EU) 2019/665 also introduces changes to the formats for reporting data pursuant to Article 12 of Directive 94/62/EC. The formats should take into account the information on reusable packaging placed on the market for the first time and on the number of rotations that packaging performs per year — essential to determining the share of reusable packaging compared to single use packaging. As reusable sales packaging may be taken into account in the context of the recycling targets, a distinction must be made between reusable sales packaging and other reusable packaging. FROM WHEN DOES THE DIRECTIVES APPLY? Directive 94/62/EC has applied since 31 December 1994 and had to become law in the EU countries by 30 June 1996. Amending Directive (EU) 2018/852 has applied since 4 July 2018 and had to become law in the EU countries by 5 July 2020. BACKGROUND For more information, see: Packaging and packaging waste (European Commission). KEY TERMS Circular economy: a circular economy minimises resource input, waste, emissions and energy leakage. It can be achieved through long-lasting design, maintenance, repair, reuse and recycling. It contrasts to a linear economy which extracts resources, uses them, then throws them away. Reusable packaging: packaging which has been conceived, designed and marketed to carry out multiple trips in its lifetime by being refilled or reused for the same purpose for which it was conceived. Extended Producer responsibility schemes: systems set up to ensure that producers bear the financial or financial and organisational responsibility for the management of waste stage of a product’s life cycle. By modulating the fees payable by producers for placing packaging on the market, EPR schemes allow producers and EU countries to encourage the design of products and their components which are more respective of the environment. MAIN DOCUMENT European Parliament and Council Directive 94/62/EC of 20 December 1994 on packaging and packaging waste (OJ L 365, 31.12.1994, pp. 10-23) Successive amendments to Directive 94/62/EC have been incorporated in the basic text. This consolidated version is of documentary value only. RELATED DOCUMENTS Directive 2008/98/EC of the European Parliament and of the Council of 19 November 2008 on waste and repealing certain Directives (OJ L 312, 22.11.2008, pp. 3-30) See consolidated version. Commission Decision 2005/70/EC of 22 March 2005 establishing the formats relating to the database system pursuant to Directive 94/62/EC of the European Parliament and of the Council on packaging and packaging waste (OJ L 86, 5.4.2005, pp. 6-12) See consolidated version. last update 15.06.2020


EUR-Lex - 31994L0011 - EN Avis juridique important | 31994L0011 Directive 94/11/EC of the European Parliament and of the Council of 23 March 1994 on the approximation of the laws, regulations and administrative provisions of the Member States relating to labelling of the materials used in the main components of footwear for sale to the consumer Official Journal L 100 , 19/04/1994 P. 0037 - 0041 Finnish special edition: Chapter 13 Volume 26 P. 0039 Swedish special edition: Chapter 13 Volume 26 P. 0039 DIRECTIVE 94/11/EC OF EUROPEAN PARLIAMENT AND COUNCIL of 23 March 1994 on the approximation of the laws, regulations and administrative provisions of the Member States relating to labelling of the materials used in the main components of footwear for sale to the consumerTHE EUROPEAN PARLIAMENT AND 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 referred to in Article 189b of the Treaty, Whereas in certain Member States there exist Regulations on footwear labelling which are designed to protect and inform the public as well as to secure the legitimate interests of industry; Whereas the disparity of such Regulations risks creating barriers to trade within the Community, thereby prejudicing the functioning of the internal market; Whereas, in order to avoid problems due to different systems, the items of a common labelling system for footwear should be precisely defined; Whereas the Council resolution of 9 November 1989 on future priorities for relaunching consumer protection policy (3) calls for efforts to improve consumer information on products; Whereas it is in the interests of both consumers and the footwear industry to introduce a system reducing the risk of fraud by indicating the exact nature of the materials used in the main components of footwear; Whereas, in Council resolution of 5 April 1993 on future action on the labelling of products in the interest of the consumer (4), labelling is deemed to be one important means of achieving better information and transparency for the consumer and of ensuring that the internal market functions harmoniously; Whereas the harmonization of national legislation is the appropriate way of removing these barriers to free trade; whereas that objective cannot be satisfactorily achieved by the individual Member States; whereas this Directive establishes only those requirements which are indispensable for the free movement of the products to which it applies, HAVE ADOPTED THIS DIRECTIVE: Article 1 1. This Directive shall apply to the labelling of the materials used in the main components of footwear for sale to the consumer. For the purposes of this Directive, 'footwear' shall mean all articles with applied soles designed to protect or cover the foot, including parts marketed separately as referred to in Annex I. A non-exhaustive list of the products covered by the Directive appears in Annex II. The following shall be excluded from the Directive: - second-hand, worn footwear, - protective footwear covered by Directive 89/686/EEC (5), - footwear covered by Directive 76/769/EEC (6), - toy footwear. 2. Information on the composition of footwear shall be conveyed by means of labelling as specified in Article 4. (i) The labelling shall convey information relating to the three parts of the footwear as defined in Annex I, namely: (a) the upper; (b) the lining and sock; and (c) the outersole. (ii) The composition of the footwear shall be indicated as specified in Article 4 on the basis either of pictograms or of written indications for specific materials, as stipulated in Annex I. (iii) In the case of the upper, classification of the materials shall be determined on the basis of the provisions contained in Article 4 (1) and in Annex I, no account being taken of accessories or reinforcements such as ankle patches, edging, ornamentation, buckles, tabs, eyelet stays or similar attachments. (iv) In the case of the outersole, classification shall be based on the volume of the materials contained therein, in accordance with Article 4. Article 2 1. Member States shall take all necessary measures to ensure that all footwear placed on the market meets the labelling requirements of this Directive without prejudice to other relevant Community provisions. 2. Where footwear not in conformity with the provisions regarding labelling requirements is placed on the market, the competent Member State shall take appropriate action as specified in its national legislation. Article 3 Without prejudice to other relevant Community provisions, Member States shall not prohibit or impede the placing on the market of footwear which complies with the labelling requirements of this Directive, by the application of unharmonized national provisions governing the labelling of certain types of footwear or of footwear in general. Article 4 1. The labelling shall provide information on the material, determined in accordance with Annex I, which constitutes at least 80 % of the surface area of the upper, and the lining and sock, of the footwear, and at least 80 % of the volume of the outersole. If no one material accounts for at least 80 %, information should be given on the two main materials used in the composition of the footwear. 2. The information shall be conveyed on the footwear. The manufacturer or his authorized agent established in the Community may choose either pictograms or written indications in at least the language or languages which may be determined by the Member State of consumption in accordance with the Treaty, as defined and illustrated in Annex I. Member States, in their national provisions shall ensure that consumers are adequately informed of the meaning of these pictograms, while ensuring that such provisions do not create trade barriers. 3. For the purpose of this Directive, labelling shall involve affixing the required information to at least one article of footwear in each pair. This may be done by printing, sticking, embossing or using an attached label. 4. The labelling must be visible, securely attached and accessible and the dimensions of the pictograms must be sufficiently large to make it easy to understand the information contained therein. It must not be possible for the labelling to mislead the consumer. 5. The manufacturer or his authorized agent established in the Community shall be responsible for supplying the label and for the accuracy of the information contained therein. If neither the manufacturer nor his authorized agent is established in the Community, this obligation shall fall on the person responsible for first placing the footwear on the Community market. The retailer shall remain responsible for ensuring that the footwear sold by him bears the appropriate labelling prescribed by this Directive. Article 5 Additional textual information, affixed, should the need arise, to the labelling may accompany the information required under this Directive. However, Member States may not prohibit or impede the placing on the market of footwear conforming to the requirements of this Directive, in accordance with Article 3. Article 6 1. Member States shall adopt and publish the laws, regulations and administrative provisions necessary to comply with this Directive by 23 September 1995 at the latest. They shall forthwith inform the Commission thereof. 2. Member States shall apply the measures referred to in paragraph 1 from 23 March 1995. Stock invoiced or delivered to the retailer before that date shall not be subject to the said measures until 23 September 1997. 3. When Member States adopt these measures, they shall contain a reference to this Directive or be accompanied by such reference on the occasion of their official publication. The methods of making such a reference shall be laid down by the Member States. 4. The Commission shall submit to the Council, three years after this Directive has been brought into application, an assessment report taking into consideration any difficulties which may have been encountered by operators where implementing the provisions of this Directive and shall present, should the need arise, appropriate proposals for review. Article 7 This Directive is addressed to the Member States. Done at Brussels, 23 March 1994. For the European Parliament The President E. KLEPSCH For the Council The President TH. PANGALOS (1) OJ No C 74, 25. 3. 1992, p. 10. (2) OJ No C 287, 4. 11. 1992, p. 36. (3) OJ No C 294, 22. 11. 1989, p. 1. (4) OJ No C 110, 20. 4. 1993, p. 3. (5) OJ No L 399, 30. 12. 1989, p. 18. (6) OJ No L 262, 27. 9. 1976, p. 201. ANNEX I 1. Definition and corresponding pictograms or written indications concerning the parts of the footwear to be identified Pictograms Written indications (a) Upper This is the outer face of the structural element which is attached to the outersole. >REFERENCE TO A GRAPHIC>F Tige D Obermaterial IT Tomaia NL Bovendeel EN Upper DK Overdel GR AAÐÁÍÙ ÌAAÑÏÓ ES Empeine P Parte superior (b) Lining and sock These are the lining of the upper and the insole, constituting the inside of the footwear article. >REFERENCE TO A GRAPHIC>F Doublure et semelle de propreté D Futter und Decksohle IT Fodera e Sottopiede NL Voering en inlegzool EN Lining and sock DK Foring og bindsaal GR OEÏAEÑAAÓ ES Forro y plantilla P Forro e Palmilha (c) Outer sole This is the bottom part of the footwear article, which is subjected to abrasive wear and attached to the upper. >REFERENCE TO A GRAPHIC>F Semelle extérieure D Laufsohle IT Suola esterna NL Buitenzool EN Outer sole DK Ydersaal GR ÓÏËÁ ES Suela P Sola 2. Definition and corresponding pictograms of the materials The pictograms concerning the materials should appear on the label beside the pictograms relating to the 3 parts of the footwear as specified in Article 4 and in part 1 of this Annex. Pictogram Written indications (a) (i) Leather A general term for hide or skin with its original fibrous structure more or less intact, tanned to be rot-proof. The hair or wool may or may not have been removed. Leather is also made from a hide or skin which has been split into layers or segmented either before or after tanning. However, if the tanned hide or skin is disintegrated mechanically and/or chemically into fibrous particles, small pieces or powders and then, with or without the combination of a binding agent, is made into sheets or other forms, such sheets or forms are not leather. If the leather has a surface coating, however applied, or a glued-on finish, such surface layers must not be thicker than 0,15 mm. Thus, all leathers are covered without prejudice to other legal obligations, e.g. the Washington Convention. Should the term 'full grain leather' be used in the optional additional textual information referred to in Article 5, it will apply to a leather bearing the original grain surface as exposed by removal of the epidermis and with none of the surface removed by buffing, snuffing or splitting. >REFERENCE TO A GRAPHIC>F Cuir D Leder IT Cuoio NL Leder EN Leather DK Laeder GR AEAAÑÌÁ ES Cuero P Couros e peles curtidas Pictograms Written indications (a) (ii) Coated Leather leather where the surface coating applied to the leather does not exceed one third of the total thickness of the product but is in excess of 0,15 mm. >REFERENCE TO A GRAPHIC>F Cuir enduit D Beschichtetes Leder IT Cuoio rivestito NL Gecoat leder EN Coated leather DK Overtrukket laeder GR AAÐAAÍAEAAAEÕÌAAÍÏ AEAAÑÌÁ ES Cuero untado P Couro revestido (b) Natural textile materials and synthetic or non-woven textile materials 'Textiles' shall mean all products covered by Directive 71/307/EEC and amendments thereof. >REFERENCE TO A GRAPHIC>F Textile D Textil IT Tessili NL Textiel EN Textile DK Tekstil-materialer GR ÕOEÁÓÌÁ ES Textil P Téxteis (c) All other materials >REFERENCE TO A GRAPHIC>F Autres matériaux D Sonstiges Material IT Altre materie NL Overige materialen EN Other materials DK Andre materialer GR ÁËËÁ ÕËÉÊÁ ES Otros materiales P Outros materiais ANNEX II EXAMPLES OF FOOTWEAR COVERED BY THIS DIRECTIVE 'Footwear' may range from sandals with uppers consisting simply of adjustable laces or ribbons to thigh boots the uppers of which cover the leg and thigh. Among the products included therefore are: (i) flat or high-heeled shoes for ordinary indoor or outdoor wear; (ii) ankle-boots, half-boots, knee-boots, and thigh boots; (iii) sandals of various types, 'espadrilles' (shoes with canvas uppers and soles of plaited vegetable material), tennis shoes, running and other sports shoes, bathing sandals and other casual footwear; (iv) special sports footwear which is designed for a sporting activity and has, or has provision for the attachment of, spikes, studs, stops, clips, bars or the like and skating boots, ski boots and cross-country ski footwear, wrestling boots, boxing boots and cycling shoes. Also included are composite articles made up of footwear with (ice or roller) skates attached; (v) dancing slippers; (vi) footwear formed from a single piece, particularly by moulding rubber or plastics, but excluding disposable articles of flimsy material (paper, plastic film, etc., without applied soles); (vii) overshoes worn over other footwear, which in some cases are heel-less; (viii) disposable footwear, with applied soles, generally designed to be used only once; (ix) orthopaedic footwear. For reasons of homogeneity and clarity, and subject to the provisions mentioned in the description of the products covered by this Directive, products covered by Chapter 64 of the combined nomenclature ('CN') may, as a general rule, be regarded as falling within the scope of this Directive.

Summary: Footwear labelling Footwear labelling The labelling of footwear and its components provides consumers with information to allow them to make informed buying decisions. It also helps to protect the industry from unfair competition and enhances the operation of the internal market in the European Union (EU). ACT Directive 94/11/EC of the European Parliament and of the Council of 23 March 1994 on the approximation of the laws, regulations and administrative provisions of the Member States relating to labelling of the materials used in the main components of footwear for sale to the consumer SUMMARY WHAT DOES THIS DIRECTIVE DO? It lays down the rules for the labelling of footwear: the content and form of the label; responsibility for the labelling. KEY POINTS Only materials covering 80 % or more of the surface areas of the upper, the lining and the sock of the footwear, as well as 80 % or more of the volume of the outer sole, need to be labelled. Where no single material accounts for at least 80 %, a label with information on the two main materials must be provided. The labelling needs to provide information on the three components of the footwear: the upper; the lining and sock; the outer sole. The label may either be written or in the form of a pictogram. The label must be visible, securely attached and accessible. The label should be: printed or embossed on the footwear; or attached to the footwear by means of, for example, an adhesive label; or affixed by means of, for example, a fastener or string. The label must appear on at least one of the two items comprising the pair of shoes, boots, etc. EU manufacturers are responsible for supplying the label and for its accuracy or, where the footwear is imported, the person who first places it on the EU market assumes this responsibility. Retailers remain responsible for ensuring that the footwear they sell bears the appropriate labelling. The annexes specify: definitions (an upper, a sole, etc.) and corresponding pictograms or written indications concerning the parts of the footwear to be identified (Annex I); examples of the footwear covered by the directive are contained in Annex II. It does not, for example, cover footwear used by individuals for health and safety purposes in the workplace, which falls under EU rules on personal protective equipment. A voluntary EU eco-label also exists for footwear. This label helps consumers identify footwear whose life-cycle (production, use and disposal) has a low environmental impact. REFERENCES Act Entry into force Deadline for transposition in the Member States Official Journal Directive 94/11/EC 9.5.1994 23.9.1995 OJ L 100, 19.4.1994, pp. 37-41 Amending act(s) Entry into force Deadline for transposition in the Member States Official Journal Directive 2006/96/EC 1.1.2007 1.1.2007 OJ L 363, 20.12.2006, pp. 81-106 Directive 2013/15/EU 1.7.2013 1.7.2013 OJ L 158, 10.6.2013, pp. 172-183 Successive amendments to Directive 94/11/EC have been incorporated into the basic text. This consolidated version is for reference only. last update 19.08.2015


30.6.1994 EN Official Journal of the European Communities L 164/3 DIRECTIVE 94/22/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 30 May 1994 on the conditions for granting and using authorizations for the prospection, exploration and production of hydrocarbons THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION, Having regard to the Treaty establishing the European Community and in particular Article 57 (2), first and third sentences, Articles 66 and 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 referred to in Article 189b of the Treaty (3), Whereas the internal market comprises an area without internal frontiers in which the free movement of goods, services, persons and capital is ensured; whereas the necessary measures must be adopted for its operation; Whereas in its resolution of 16 September 1986 (4), the Council identified as an objective of the energy policy of the Community and the Member States the greater integration, free from barriers to trade, of the internal energy market with a view to improving security of supply, reducing costs and improving economic competitiveness; Whereas the Community largely depends on imports for its hydrocarbon supply; whereas it is consequently advisable to encourage the best possible prospection, exploration and production of the resources located in the Community; Whereas Member States have sovereignty and sovereign rights over hydrocarbon resources on their territories; Whereas the Community is a signatory to the United Nations Convention on the Law of the Sea; Whereas steps must be taken to ensure the non-discriminatory access to and pursuit of activities relating to the prospection, exploration and production of hydrocarbons under conditions which encourage greater competition in this sector and thereby to favour the best prospection, exploration and production of resources in Member States and to reinforce the integration of the internal energy market; Whereas, for this purpose, it is necessary to set up common rules for ensuring that the procedures for granting authorizations for the prospection, exploration and production of hydrocarbons must be open to all entities possessing the necessary capabilities; whereas authorizations must be granted on the basis of objective, published criteria; whereas the conditions under which authorizations are granted must likewise be known in advance by all entities taking part in the procedure; Whereas Member States must retain the options to limit the access to and the exercise of these activities for reasons justified by public interest and to subject to the payment of a financial contribution or a contribution in hydrocarbons, the detailed arrangements of the said contribution having to be fixed in such a way as not to interfere in the management of entities; whereas these options must be used in a non-discriminatory way; whereas, with the exception of the obligations related to the use of this option, steps must be taken to avoid imposing on entities, conditions and obligations which are not justified by the need to perform this activity properly; whereas the activities of entities must be monitored only to the extent necessary to ensure their compliance with these obligations and conditions; Whereas the extent of the areas covered by an authorization and the duration of the authorization must be limited with a view to preventing the reservation to a single entity of an exclusive right over an area which can be prospected, explored and brought into production more efficiently by several entities; Whereas Member States' entities should enjoy in third countries a treatment comparable to that enjoyed by third countries' entities in the Community by virtue of this Directive; whereas it is necessary to lay down a procedure to this end; Whereas this Directive should apply to authorizations issued after the date by which Member States have to bring into force the laws, regulations and administrative provisions necessary to comply with this Directive; Whereas Council Directive 90/531/EEC of 17 September 1990 on the procurement procedures of entities operating in the water, energy, transport and telecommunications sectors (5) and Council Directive 93/38/EEC of 14 June 1993 coordinating the procurement procedures of entities operating in the water, energy, transport and telecommunications sectors (6) apply to the entities in the energy sector as regards their procurement of supplies, of works and of services; whereas the application of the alternative arrangements provided for under Article 3 of Directive 90/531/EEC is subject in particular to the condition that, in the Member State requesting the application of these arrangements, authorizations be granted in a non-discriminatory and transparent manner; whereas a Member State fulfils this condition from the moment when and for as long as it complies with the requirements of this Directive; whereas it is consequently necessary to amend Directive 90/531/EEC; Whereas Article 36 of Directive 90/531/EEC provides for a review within four years, in the light of developments concerning in particular progress in market opening and the level of competition, of the field of application of that Directive. This review of the field of application includes hydrocarbon exploration and extraction; Whereas Denmark is in a special situation, due to the fact that it is obliged to enter into negotiations on a possible continuation of the activities after the expiry of the concession, issued on 8 July 1962, concerning the areas which are relinquished on 8 July 2012 and that Denmark will thus be accorded a derogation concerning these areas, HAVE ADOPTED THIS DIRECTIVE: Article 1 For the purposes of this Directive: 1. ‘competent authorities’ means the public authorities, as defined in Article 1 (1) of Directive 90/531/EEC, which are responsible for granting authorization and/or monitoring use thereof; 2. ‘entity’ means any natural or legal person or any group of such persons which applies for, is likely to apply for or holds an authorization; 3. ‘authorization’ means any law, regulation, administrative or contractual provision or instrument issued thereunder by which the competent authorities of a Member State entitle an entity to exercise, on its own behalf and at its own risk, the exclusive right to prospect or explore for or produce hydrocarbons in a geographical area. An authorization may be granted for each activity separately or for several activities at a time; 4. ‘public entity’ means a public undertaking as defined in Article 1 (2) of Directive 90/531/EEC. Article 2 1. Member States retain the right to determine the areas within their territory to be made available for the exercise of the activities of prospecting, exploring for and producing hydrocarbons. 2. Whenever an area is made available for the exercise of the activities set out in paragraph 1, Member States shall ensure that there is no discrimination between entities as regards access to and exercise of these activities. However, Member States may refuse, on grounds of national security, to allow access to and exercise of these activities to any entity which is effectively controlled by third countries or third country nationals. Article 3 1. Member States shall take the necessary measures to ensure that authorizations are granted following a procedure in which all interested entities may submit applications in accordance either with paragraph 2 or 3. 2. This procedure shall be initiated: (a) either at the initiative of the competent authorities by means of a notice inviting applications, to be published in the Official Journal of the European Communities at least 90 days before the closing date for applications; (b) or by means of a notice inviting applications, to be published in the Official Journal of the European Communities following submission of an application by an entity without prejudice to Article 2 (1). Other interested entities shall have a period of at least 90 days after the date of publication in which to submit an application. Notices shall specify the type of authorization, the geographical area or areas in part or all of which an application has been or may be made and the proposed date or time limit for granting authorization. Where preference is given to applications by entities which are single natural or legal persons, the notice shall so specify. 3. Member States may grant authorizations without initiating a procedure under paragraph 2 where the area for which authorization is requested: (a) is available on a permanent basis; or (b) has been the subject of a previous procedure according to paragraph 2 which has not resulted in the grant of an authorization; or (c) has been relinquished by an entity and does not fall automatically under (a). A Member State wishing to apply this paragraph shall within three months of the adoption of this Directive or, in case of Member States who have not yet introduced such procedures, without delay arrange for the publication in the Official Journal of the European Communities of a notice indicating the areas within its territory which are available under this paragraph and where detailed information in this regard can be obtained. Any significant change in this information shall be the subject of an additional notice. However, no application for an authorization under this paragraph can be considered until after the publication of the relevant notice under this text. 4. A Member State may decide not to apply the provisions of paragraph 1 if and to the extent that geological or production considerations justify the granting of the authorization for an area to the holder of an authorization for a contiguous area. The Member State concerned shall ensure that the holders of authorizations for any other contiguous areas are able to submit applications in such a case and are given sufficient time to do so. 5. The following shall not be considererd as the grant of an authorization within the meaning of paragraph 1: (a) the grant of an authorization solely by reason of a change of name or ownership of an entity holding an existing authorization, a change in the composition of such an entity or a transfer of an authorization; (b) the grant of an authorization to an entity having another form of authorization where the possession of the latter authorization implies a right to the grant of the former authorization; (c) the decision of the competent authorities taken within the framework of an authorization (whether or not such authorization was granted before the date fixed in Article 14) and relating to the commencement, interruption, prolongation or cessation of the activities or to the prolongation of the authorization itself. 6. Notwithstanding the initiation of the procedures mentioned in paragraph 2, Member States retain the option to refuse the granting of authorizations, whilst ensuring that this option does not give rise to discrimination between entities. Article 4 Member States shall take the necessary measures to ensure that: (a) if the geographical areas are not delimited on the basis of a prior geometric division of the territory, the extent of each area is determined in such a way that it does not exceed the area justified by the best possible exercise of the activities from the technical and economic points of view. In the case of authorizations granted following the procedures laid down in Article 3 (2), objective criteria shall be established to this end and shall be made available to the entities prior to the submission of applications; (b) the duration of an authorization does not exceed the period necessary to carry out the activities for which the authorization is granted. However, the competent authorities may prolong the authorization where the stipulated duration is insufficient to complete the activity in question and where the activity has been performed in accordance with the authorization; (c) entities do not retain exclusive rights in the geographical area for which they have received an authorization for longer than is necessary for the proper performance of the authorized activities. Article 5 Member States shall take the necessary measures to ensure that: 1. authorizations are granted on the basis of criteria concerning, in all cases: (a) the technical and financial capability of the entities; and (b) the way in which they propose to prospect, to explore and/or to bring into production the geographical area in question; and, where applicable: (c) if the authorization is put up for sale, the price which the entity is prepared to pay in order to obtain the authorizations; (d) if, following evaluation under the criteria (a), (b) and, where applicable, (c), two or more applications have equal merit, other relevant objective and non-discriminatory criteria, in order to make a final choice among these applications. The competent authorities may also take account, when appraising applications, of any lack of efficiency and responsibility displayed by the applicants in operations under previous authorizations. Where the competent authorities determine the composition of an entity to which they may grant an authorization, they shall make that determination on the basis of objective and non-discriminatory criteria. Where the competent authorities determine the operator of an entity to which they may grant an authorization, they shall make that determination on the basis of objective and non-discriminatory criteria. The criteria shall be drawn up and published in the Official Journal of the European Communities before the start of the period for submission of applications. Member States which have already published the criteria in their official journals may limit the publication in the Official Journal of the European Communities to a reference to the publication in their official journals. However, any change in criteria shall be published in full in the Official Journal of the European Communities; 2. the conditions and requirements concerning the exercise or termination of the activity which apply to each type of authorizations by virtue of the laws, regulations and administrative provisions in force at the time of submission of the applications, whether contained in the authorization or being one of the conditions to be accepted prior to the grant of such authorization, are established and made available to interested entities at all times. In the case provided for in Article 3 (2) (a), they may be made available only from the date starting from which applications for authorization may be submitted; 3. any changes made to the conditions and requirements in the course of the procedure are notified to all interested entities; 4. the criteria, conditions and requirements referred to in this Article are applied in a non-discriminatory manner; 5. any entity whose application for an authorization is unsuccessful is, if the entity so wishes, informed of the reasons for the decision. Article 6 1. Member States shall ensure that the conditions and requirements referred to in Article 5 (2) and the detailed obligations for use of a specific authorization are justified exclusively by the need to ensure the proper performance of the activities in the area for which an authorization is requested, by the application of paragraph 2 or by the payment of a financial contribution or a contribution in hydrocarbons. 2. Member States may, to the extent justified by national security, public safety, public health, security of transport, protection of the environment, protection of biological resources and of national treasures possessing artistic, historic or archaeological value, safety of installations and of workers, planned management of hydrocarbon resources (for example the rate at which hydrocarbons are depleted or the optimization of their recovery) or the need to secure tax revenues, impose conditions and requirements on the exercise of the activities set out in Article 2 (1). 3. The rules for payment of contributions referred to in paragraph 1, including any requirement for State participation, shall be fixed by Member States in such a way as to ensure that the independence of management of entities is maintained. However, where the grant of authorizations is subject to the State's participation in the activities and where a legal person has been entrusted with the management of this participation or where the State itself manages the participation, neither the legal person nor the State shall be prevented from assuming the rights and obligations associated with such participation, equivalent to the importance of the participation provided that the legal person or the State shall not be party to information nor exercise any voting rights on decisions regarding sources of procurement for entities, that the legal person or the State in combination with any public entity or entities shall not exercise a majority voting right on other decisions and that any vote by the State or the legal person shall be based exclusively on transparent, objective and non-discriminatory principles, and shall not prevent the management decisions of the entity from being based on normal commercial principles. However, the provisions of the preceding sub-paragraph shall not prevent the legal person or the State from opposing a decision by the holders of an authorization which would not respect the conditions and requirements, specified in the authorization, regarding depletion policy and protection of the financial interests of the State. The option to oppose a decision shall be exercised in a non-discriminatory manner, particularly regarding investment decisions and sources of supply of entities. Where the State's participation in the activities is managed by a legal person which also holds the authorizations, the Member State shall put in place arrangements requiring that legal person to keep separate accounts for its commercial role and its role as manager of the State's participation and guaranteeing that there is no flow of information from the part of the legal person responsible for the management of the State's participation to the part of the legal person which holds authorizations in its own right. However, where the part of the legal person responsible for the management of the State's participation engages the part of the legal person which holds authorization as a consultant, the former may make available any information which is necessary for the consultancy work to be carried out. The holders of all authorizations to which the information relates shall be informed in advance of what information will be given in this way and shall be given sufficient time to raise objections. 4. Member States shall ensure that the monitoring of entities under an authorization is limited to that necessary to ensure compliance with the conditions, requirements and obligations referred to in paragraph 1. In particular, they shall take the measures necessary to ensure that no entity is required, by any law, regulation or administrative requirement, or by any agreement or undertaking, to provide information on its intended or actual sources of procurement, except at the request of the competent authorities and exclusively with a view to the objectives set out in Article 36 of the Treaty. Article 7 Without prejudice to the provisions concerning or contained in individual authorizations and to the provisions of Article 3 (5) (b) legal, regulatory and administrative provisions which reserve to a single entity the right to obtain authorizations in a specific geographical area within the territory of a Member State shall be abolished by the Member States concerned before 1 January 1997. Article 8 1. Member States shall inform the Commission of any general difficulty encountered, de jure or de facto, by entities in access to or exercise of the activities of prospecting, exploring for and producing hydrocarbons in third countries, which have been brought to their attention. Member States and the Commission shall ensure that commercial confidentiality is respected. 2. The Commission shall report to the European Parliament and the Council before 31 December 1994, and periodically thereafter, on the situation of entities in third countries and on the state of any negotiations undertaken pursuant to paragraph 3 with those countries or in the framework of international organizations. 3. Whenever the Commission establishes, either on the basis of the reports referred to in paragraph 2 or on the basis of other information, that a third country is not granting Community entities, as regards access to or exercise of the activities referred to in paragraph 1, treatment comparable to that which the Community grants entities from that third country, the Commission may submit proposals to the Community for the appropriate mandate for negotiation with a view to obtaining comparable competitive opportunities for Community entities. The Council shall decide by qualified majority. 4. In the circumstances described in paragraph 3, the Commission may at any time propose that the Council authorize one or more Member States to refuse an authorization to an entity which is effectively controlled by the third country concerned and/or by nationals of that third country. The Commission may make such a proposal on its own initiative or at the request of a Member State. The Council shall act by qualified majority as soon as possible. 5. Measures taken pursuant to this Article shall be without prejudice to the Community's obligations under any international agreement governing access to an exercise of the activities of prospecting, exploring for and producing hydrocarbons. Article 9 Each Member State shall publish and communicate to the Commission an annual report which shall include information on the geographical areas which have been opened for prospecting, exploration and production, authorizations granted, entities holding authorizations and the composition thereof and the estimated reserves contained in its territory. This provision does not imply any obligation for Member States to publish information of a commercially confidential nature. Article 10 Member States shall notify the Commission, no later than 1 May 1995, of the competent authorities. Member States shall notify the Commission without delay of any subsequent changes. The Commission shall publish the list of competent authorities and any changes thereto in the Official Journal of the European Communities. Article 11 This Directive applies to authorizations granted from the date laid down in Article 14. Article 12 The following paragraph shall be added to Article 3 of Directive 90/531/EEC: ‘5. As regards the exploitation of geographical areas for the purpose of prospecting for or extracting oil or gas, paragraphs 1 to 4 shall apply as follows from the date on which the Member State concerned has complied with the provisions of the European Parliament and Council Directive 94/22/EC of 30 May on the conditions for granting and using authorizations for the prospection, exploration and production of hydrocarbons (*1): (a) the conditions laid down in paragraph 1 shall be considered to be satisfied with effect from that date without prejudice to paragraph 3; (b) with effect from that date, the Member State referred to in paragraph 4 shall be required to communicate only the provisions relating to compliance with the conditions referred to in paragraphs 2 and 3. Article 13 The provisions of Articles 3 and 5 shall not apply to new authorizations granted by Denmark before 31 December 2012, in respect of the areas which are relinquished on 8 July 2012 upon expiry of the authorization issued on 8 July 1962. The new authorizations shall be granted on the basis of objective and non-discriminatory principles. Consequently, this Article shall not create any precedent for Member States. Article 14 Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by 1 July 1995. They shall forthwith inform the Commission thereof. When Member States adopt these measures they shall contain a reference to this Directive or shall be accompanied by such reference at the time of their official publication. The methods of making such reference shall be laid down by Member States. Article 15 This Directive shall enter into force on the day of its publication in the Official Journal of the European Communities. Article 16 This Directive is addressed to the Member States. Done at Brussels, 30 May 1994. For the European Parliament The President E. KLEPSCH For the Council The President C. SIMITIS (1) OJ No C 139, 2. 6. 1992, p. 12. (2) OJ No C 19, 25. 1. 1993, p. 128. (3) Opinion of the European Parliament of 18 November 1992 (OJ No C 337, 21. 12. 1992, p. 145). Council common position of 22 December 1993 (OJ No C 101, 9. 4. 1994, p. 14) and Decision of the European Parliament of 9 March 1994 (not yet published in the Official Journal). (4) OJ No C 241, 25. 9. 1986, p. 1. (5) OJ No L 297, 29. 10. 1990, p. 1. (6) OJ No L 199, 9. 8. 1993, p. 84.

Summary: Prospection, exploration and production of hydrocarbons Prospection, exploration and production of hydrocarbons SUMMARY OF: Directive 94/22/EC — conditions for granting and using authorisations for the prospection, exploration and production of hydrocarbons WHAT IS THE AIM OF THE DIRECTIVE? It sets out EU-wide rules to guarantee the non-discriminatory access to the activities of prospection, exploration and production of hydrocarbons. These rules seek to: further integrate the EU’s internal energy market; encourage greater competition within it; and improve the security of supply. KEY POINTS The directive concerns authorisations for the rights to prospect or explore for or produce hydrocarbons. It states that the geographical limits of an authorisation and the time limit of that authorisation must be determined according to the best possible way to carry out these activities from an economic and technical point of view. The aim of this is to prevent a single entity from having exclusive rights for an area whose prospection, exploration and production can be carried out more effectively by several entities. Laws which reserved for a single entity the right to obtain authorisations for a specific geographical area within the territory of an EU country had to be abolished by the countries concerned by 1 January 1997. Procedures for granting authorisations must be transparent and based on objective, non-discriminatory criteria. They must therefore be open to all interested entities. The selection from among the various entities must be based on: their technical and financial capabilities; the way in which they propose to prospect, explore and/or bring into production the geographical area in question; and the price which the entity is prepared to pay in order to obtain the authorisation (in the event that the authorisation is put up for sale). All the information relating to the authorisation (type of authorisation, geographical area which may be applied for as a whole or in part, deadline envisaged for granting the authorisation, selection criteria, etc.) is published in the Official Journal of the European Union at least 90 days before the deadline for the submission of applications. EU countries nevertheless retain the right to make access to these activities and their exercise subject to considerations of: national security; public safety; public health; security of transport; protection of the environment; protection of biological resources; the planned management of hydrocarbon resources or to the payment of a financial contribution or a contribution in hydrocarbons. Procedures are introduced for mutual agreement with non-EU countries, so that EU countries’ entities must be able to receive treatment in non-EU countries which is comparable to that which non-EU countries’ entities receive in the EU. Directive 94/22/EC complements Directive 2014/25/EU — public purchasing — rules for water, energy, transport and postal services sectors. FROM WHEN DOES THE DIRECTIVE APPLY? It has applied since 30 June 1994 and had to become law in the EU countries by 1 July 1995. BACKGROUND EU countries have sovereign rights over hydrocarbon resources within their territories, therefore it is up to each country to determine the geographical areas in which the rights to prospect, explore for and produce hydrocarbons may be exercised and to authorise entities to exercise those rights. For more information, see: Oil and gas licensing (European Commission). MAIN DOCUMENT Directive 94/22/EC of the European Parliament and of the Council of 30 May 1994 on the conditions for granting and using authorisations for the prospection, exploration and production of hydrocarbons (OJ L 164, 30.6.1994, pp. 3-8) RELATED DOCUMENT Directive 2014/25/EU of the European Parliament and of the Council of 26 February 2014 on procurement by entities operating in the water, energy, transport and postal services sectors and repealing Directive 2004/17/EC (OJ L 94, 28.3.2014, pp. 243-374) Successive amendments to Directive 2014/25/EU have been incorporated in the original text. This consolidated version is of documentary value only. last update 23.01.2019