HTML PUBLIC "-//W3C//DTD HTML 4.01 Transitional//EN"L 37/10
EN
Official Journal of the European Union
8.2.2013
DIRECTIVES
COMMISSION DIRECTIVE 2013/2/EU
of 7 February 2013
amending Annex I to Directive 94/62/EC of the European Parliament and of the Council on
packaging and packaging waste
(Text with EEA relevance)
THE EUROPEAN COMMISSION,
HAS ADOPTED THIS DIRECTIVE:
Having regard to the Treaty on the Functioning of the European
Article 1
Union,
Annex I to Directive 94/62/EC is replaced by the text set out in
Having regard to European Parliament and Council Directive
the Annex to this Directive.
94/62/EC of 20 December 1994 on packaging and packaging
waste ( 1 ), and in particular Article 3(1) thereof,
Article 2
Whereas:
1. Member
States
shall
bring
into
force
the
laws,
regulations
and administrative provisions necessary to comply with this
(1) Article
3(1)
of
Directive
94/62/EC
defines
‘packaging’
by Directive by 30 September 2013 at the latest. They shall
setting out a number of criteria. The items listed in
forthwith communicate to the Commission the text of those
Annex I to that Directive are illustrative examples of
provisions.
the application of those criteria.
When Member States adopt those provisions, they shall contain
(2)
For reasons of legal certainty and harmonisation of the
a reference to this Directive or be accompanied by such a
interpretation of the definition of ‘packaging’, it is
reference on the occasion of their official publication. Member
necessary to review and amend the list of illustrative
States shall determine how such reference is to be made.
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
2. Member
States
shall
communicate
to
the
Commission
the
States and the economic operators to reinforce the imple
text of the main provisions of national law which they adopt in
mentation of the Directive and create a level playing field
the field covered by this Directive.
in the internal market.
Article 3
(3) Directive
94/62/EC
should
therefore
be
amended
accord
ingly.
This Directive shall enter into force on the twentieth day

following that of its publication in the Official Journal of the
European Union.
(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
Article 4
Commission therefore submitted to the Council a
proposal relating to the measures and forwarded it to
This Directive is addressed to the Member States.
the European Parliament. The Council did not act
within the two-month period provided for by Article 5a
of Council Decision 1999/468/EC of 28 June 1999
Done at Brussels, 7 February 2013.
laying down the procedures for the exercise of imple
menting powers conferred on the Commission ( 2 ) and
the Commission therefore submitted the proposal to
For the Commission
the European Parliament without delay. The European
Parliament did not oppose the measure within four
The President
months from the abovementioned forwarding,
José Manuel BARROSO
( 1 ) OJ L 365, 31.12.1994, p. 10.
( 2 ) OJ L 184, 17.7.1999, p. 23.

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EN
8.2.2013 Official
Journal
of
the
European
Union L
37/11
ANNEX
‘ANNEX I
ILLUSTRATIVE EXAMPLES FOR THE CRITERIA REFERRED TO IN ARTICLE 3(1)
Illustrative examples for criterion (i)
Packaging
Sweet boxes
Film overwrap around a CD case
Mailing pouches for catalogues and magazines (with a magazine inside)
Cake doilies sold with a cake
Rolls, tubes and cylinders around which flexible material (e.g. plastic film, aluminium, paper) is wound, except rolls, tubes
and cylinders intended as parts of production machinery and not used to present a product as a sales unit
Flower pots intended to be used only for the selling and transporting of plants and not intended to stay with the plant
throughout its life time
Glass bottles for injection solutions
CD spindles (sold with CDs, not intended to be used as storage)
Clothes hangers (sold with a clothing item)
Matchboxes
Sterile barrier systems (pouches, trays and materials necessary to preserve the sterility of the product)
Beverage system capsules (e.g. coffee, cacao, milk) which are left empty after use
Refillable steel cylinders used for various kinds of gas, excluding fire extinguishers
Non-packaging
Flower pots intended to stay with the plant throughout its life time
Tool boxes
Tea bags
Wax layers around cheese
Sausage skins
Clothes hangers (sold separately)
Beverage system coffee capsules, coffee foil pouches, and filter paper coffee pods disposed together with the used coffee
product
Cartridges for printers
CD, DVD and video cases (sold together with a CD, DVD or video inside)
CD spindles (sold empty, intended to be used as storage)
Soluble bags for detergents
Grave side lights (containers for candles)
Mechanical quern (integrated in a refillable recipient, e.g. refillable pepper mill)
Illustrative examples for criterion (ii)
Packaging, if designed and intended to be filled at the point of sale
Paper or plastic carrier bags
Disposable plates and cups

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L 37/12
EN
Official Journal of the European Union
8.2.2013
Cling film
Sandwich bags
Aluminium foil
Plastic foil for cleaned clothes in laundries
Non-packaging
Stirrer
Disposable cutlery
Wrapping paper (sold separately)
Paper baking cases (sold empty)
Cake doilies sold without a cake
Illustrative examples for criterion (iii)
Packaging
Labels hung directly on or attached to a product
Part of packaging
Mascara brush which forms part of the container closure
Sticky labels attached to another packaging item
Staples
Plastic sleeves
Device for measuring dosage which forms part of the container closure for detergents
Mechanical quern (integrated in a non-refillable recipient, filled with a product, e.g. pepper mill filled with pepper)
Non-packaging
Radio frequency identification (RFID) tags’

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Document Outline

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