Considerations on COM(2012)141 - Amendment of Annex I to European Parliament and Council Directive 94/62/EC on packaging and packaging waste

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(1) Article 3(1) of Directive 94/62/EC defines packaging by setting out a number of criteria. The items listed in Annex I to that Directive are illustrative examples of the application of those criteria.

(2) For reasons of legal certainty and harmonisation of the interpretation of the definition of packaging', it is necessary to review and amend the list of illustrative examples to clarify additional cases where the borderline between what is packaging and what is not, remains unclear. The review follows calls from the Member States and the economic operators to reinforce the implementation of the Directive and create a level playing field in the internal market.

(3) Directive 94/62/EC should therefore be amended accordingly.

(4) The Committee established by Article 21 of Directive 94/62/EC has not delivered an opinion on the measures provided for in this Directive and the Commission therefore submitted to the Council a proposal relating to the measures and forwarded it to the European Parliament.