Key Benefits:
Decision of 27 October 2014 laying down the rules applicable to packaging and packaging waste (Decision management packages 2014)
We Willem-Alexander, at the grace of God, King of the Netherlands, Prince of Orange-Nassau, etc. etc. etc.
On the nomination of the State Secretary for Infrastructure and the Environment of 16 July 2014, No IenM/BSK-2014/145462, Chief Executive of Administrative and Legal Affairs;
Having regard to Directive No 94 /62/EC of the European Parliament and the Council of the European Union of 20 December 1994 on packaging and packaging waste (PbEC 1994, L 365), as last amended by Directive No 4/94 of the European Parliament and of the Council of 20 December 1994, 2013 /2/EU of the European Commission of 13 February 2013 (PbEU 2013, L 37) and the Articles 9.5.2, first paragraph , 10.41 and 15.32 of the Environmental Protection Act ;
The Section for the opinion of the Council of State heard (opinion of 12 September 2014, No W14.14.0269/IV);
Having regard to the further report of the State Secretary for Infrastructure and the Environment of 21 October 2014, No IenM/BSK-2014/231884, Chief Executive of Administrative and Legal Affairs;
Have found good and understand:
1 In this Decision and the provisions based thereon, the following definitions shall apply:
a. Packaging: all products made of material of any kind which can be used for the purpose of enclosing, protecting, recharging, delivering and offering other products, from raw materials to finished products, throughout the journey of producer to user or consumer, disposable items used for this purpose, including packaging comprising exclusively sales or primary packaging, collect or secondary packaging and shipping or tertiary packaging, and
1 °. where products are considered to be packaging if they satisfy the foregoing, regardless of other functions which may also be fulfilled by the packaging, unless the product is an integral part of another product and that product is necessary to that product contain, support or retain during its lifetime, and all elements are intended to be used, consumed or disposed of together;
2 °. where products designed and intended to be filled at the point of sale and disposable disposable goods sold or designed and intended to be filled at the point of sale are not to be taken as packaging be considered to have a packaging function; and
3 °. Where the components of a package and its accompanying elements are included in the packaging as part of the packaging in which they are processed and where the corresponding elements hanging or attached to a packaged product are and which have a packaging function, are considered to be packaging, unless they are an integral part of this product and all the elements are intended to be consumed or disposed of together;
b. Sales or primary packaging: packaging designed so that it constitutes a sales unit for the end user or consumer at the point of sale;
c. Collect or secondary packaging: packaging that is designed so that it forms a set of sales units at the point of sale, whether sold as such to the end user or consumer, or only serves to update the shelves at the point of sale. Complete and can be removed from the product without affecting its characteristics;
ed. Conveyance or tertiary packaging: Packaging designed so as to facilitate the loading and transport of a number of sales units or assembly packages to avoid physical damage caused by handling or transport, including road, rail, ship or flight containers not understood;
e. Offering on the market: supply of packaging for distribution, consumption or use on the market in the context of a commercial activity, whether for payment or not, for the purposes of distribution, consumption or use;
f. placing on the market: provide a product for the first time on the market of a product;
g. producer or importer: Those who:
1 °. placing substances, preparations or other products on the market in a packaging;
2.............................
3 °. professionally, another contract gives the packaging of substances, preparations or any other products of their name, logo or mark;
4 °. placing on the market a packaging intended to be made available to the user for substances, preparations or other products;
h. Packaging: Directive No 94 /62/EC of the European Parliament and of the Council of the European Union of 20 December 1994 on packaging and packaging waste (PbEC 1994, L 365);
i. recycling: reprocessing of waste materials in a production process for the original purpose or for other purposes, including organic recycling but excluding energy recovery;
j. Drinks cartons: packaging, suitable for packing liquid foodstuffs, consisting of at least 70% paper and paperboard and for the remainder of another material or other material;
k. Law: Environmental Environment Act .
2 In any case, packaging as referred to in paragraph 1 (a) to (d) shall be deemed to be those listed in Annex I to the Packaging Directive.
3 The requirements applicable to or pursuant to this Decision shall apply without prejudice to the provisions of the provisions of this Decision. Packagings and articles of use and the provisions of binding decisions of the Council of the European Union, of the European Parliament and of the Council, on materials and articles intended to come into contact with food, of the European Parliament and of the European Commission.
1 It shall be prohibited to offer on the market a packaging in the European Union or to have it with that purpose whose total concentration of lead, cadmium, mercury, hexavalent chromium or its compounds in that package or in a Packaging component more than 100 ppm weight.
2 The first paragraph shall not apply to:
Packaging made out of crystal glass as referred to in Directive No 69 /493/EEC of the Council of the European Communities of 15 December 1969 for the approximation of the laws of the Member States relating to crystal glass (PbEG L 326);
b. Plastic crates and pallets complying with the requirements of Decision No Commission of the European Communities of 24 March 2009 laying down the conditions for a derogation in respect of the provisions of Directive No 17 of the EC Treaty (OJ No L 30, 24.9.2009, p. 94 /62/EC of the European Parliament and of the Council on packaging and packaging waste fixed concentrations of heavy metals in plastic crates and plastic palettes (PbEU L 79);
c. Glass packaging complying with the requirements of Decision No Commission Regulation (EEC) No 1016/2001 of 18 February 2001 laying down detailed rules for the application of the rules of application of Directive 82/23/EEC of the European Parliament and of the Council of 19 February 2001 on 94 /62/EC on packaging and packaging waste established limit values for the concentration of heavy metals (PbEG L 62).
3 If the producer or importer is on the packaging or on the label of the packaging, stating the type of packaging material and using it abbreviations and number codes, Decision No 97 /129/EC of the Commission of the European Communities of 28 January 1997 laying down the identification system for packaging materials in accordance with Directive 94 /62/EC of the European Parliament and of the Council on packaging and packaging waste (PbEG L 50).
The entry referred to in paragraph 3 shall be clearly visible, clearly legible and permanently recognisable, even if the packaging is opened.
1 The packaging that does not comply with Annex II to the Directive is prohibited to be available on the market or to be available for that purpose in the European Union.
2 Without prejudice to the first paragraph, packaging shall be designed and manufactured in such a way as to prevent the formation of stray waste as far as possible.
In any case, packages must meet one or more of the requirements set out in Annex II to the packages or to the second paragraph if they comply with the conditions laid down by ministerial arrangement by pkkkingenspecies or by combination of a packaging containing a package of packages containing a single package of packages. a specific product, defined in so far as that specification relates to a requirement set out in Annex II to the Packaging Directive or the second paragraph.
4 When the specifications referred to in the third paragraph are adopted, one or more of the following principles shall be taken into account:
a. packaging is designed and manufactured in such a way as to facilitate recycling;
b. A packaging is designed and manufactured in such a way that if the product to be packed is fit for it, re-use of the packaging is possible;
c. A packaging is designed and manufactured in such a way that it extends the shelf-life of the packaged product as far as possible;
d. packaging is designed and manufactured in such a way that the weight of the packaging or of the combination of the packaging and the packaged product is as low as possible;
e. In the manufacture of packaging, the minimum number of packaging material shall be used;
f. In the manufacture of packaging, as much recycled material as possible shall be applied.
5 Without prejudice to the third paragraph, packages shall, in any case, comply with one or more of the requirements of Annex II of the Packaging Directive or to the second paragraph if they correspond to the standard designated by Our Minister to the extent that the latter relates to a requirement set out in Annex II to the Packaging Directive or the second paragraph.
6 Certain unfilled packages designated by a ministerial arrangement shall not be supplied to an end user by a producer or importer not to be supplied under the conditions laid down in that arrangement.
1 A producer or importer shall, on a reasoned request from Our Minister, within a period to be determined by that request, provide him with all the necessary information and documentation for the fulfilment of the Articles 2, 1st, 3rd and 4th Members , and Article 3, first, second and fifth paragraphs -To show you.
2 In the case of containers which do not comply with the obligations provided for in paragraph 1, the manufacturer or importer of such package shall immediately inform our Minister and take all the measures necessary to ensure that the packaging takes place. Compliant. At the request of our Minister, the manufacturer or importer of a package, which does not meet the requirements of such obligations, shall cooperate with all the measures to be taken to ensure that the packaging complies with this Decision.
1 The producer or importer shall ensure the separation or ingestion and reference of packages placed on the market in the Netherlands and of the packages imported by him which he has disposed of during that calendar year, at least to the extent necessary to comply with the obligations arising from the Articles 6 and 7 .
2 The cost of the separate intake or intake and of the use of packaging shall be borne by the producer or importer.
3 By way of derogation from the second paragraph, the costs of the separate intake or the ingestion and reference of packaging free of charge shall be borne by the person who dismay himself from the waste concerned.
1 The producer or importer shall ensure that each calendar year of the total of the packages placed on the market in the Netherlands in that calendar year and of the packaging it imports of which he has entered in that calendar year has been used to benefit at least 75%% by weight and to recycled 70% by weight.
2 The producer or importer shall ensure that, in any calendar year, of the total packages placed on the market in the Netherlands in that calendar year and of the packaging it imports of which he has registered in that calendar year, Stripped:
a. Of the plastic packaging, at least the following percentage by weight shall be recycled:
1 °. in 2015: 45% by weight,
2 °. in 2016: 46% by weight,
3 °. in 2017: 47 weight percent,
4 °. in 2018: 48% by weight,
5 °. in 2019: 49% by weight,
6 °. in 2020: 50% by weight,
7 °. in 2021: 51% by weight;
b. The wooden packaging shall be recycled at least the following percentage by weight:
1 °. in 2015: 31% by weight,
2 °. in 2016: 33% by weight,
3 °. in 2017: 35% by weight,
4 °. in 2018: 37% by weight,
5 °. in 2019: 39% by weight,
6 °. in 2020: 41% by weight,
7 °. In 2021, 43% by weight;
(c) at least the following percentage by weight of the remaining materials shall be recycled:
1 °. 90% by weight of glass packaging,
2 °. 75% by weight of paper and cardboard packaging,
3 °. 85% by weight of metal packaging.
3 The first and second paragraphs shall not apply to any producer or importer who adds to a substance, preparation or other product at the time of being made available to another, to the extent that such packaging in so far as such packaging does not bear its name, logo or mark.
4 Without prejudice to the first and second paragraphs, point (a), and if: Article 9, first paragraph , joint implementation of the first and second members, producers and importers shall jointly ensure that at least one weight quantity of plastic packaging waste at ministerial level per calendar year is to be determined by a ministerial arrangement. Households are released, recycled.
This part has not (yet) entered into force; see the summary of changes
1 The producer or importer of whom the total of the packages which it has placed on the market and of the packs of which he has disposed of it exceeds 50,000 kilograms each year shall be sent to the producer or importer by 1 August of each year. Our Minister has a report on the implementation in the previous calendar year of Articles 3 , 6 , 7 , 12 and 15 .
2 The report referred to in paragraph 1 shall be accompanied by documents demonstrating the accuracy of the information contained in the report.
3 Where the producer or importer forms part of a fiscal unit as referred to in Article 7, fourth paragraph, of the Law on Turnover Tax 1968 and that unit is marketing or importing, and has stripped itself of, over 50,000 kilograms of packaging in total every year, that fiscal unit shall comply with the first paragraph.
1 The producers and importers may jointly implement the obligations provided for in the Articles 5 , 6, first, second and fourth members , 7 and 8, 1st Member .
2 Where the first paragraph is met, the obligations set out in paragraph 1 shall not apply to:
a. a producer or importer who makes the waste management contribution in accordance with the Article 15.36, first paragraph, of the Act , agreement on packaging, which is generally binding, shall bear the agreement of a legal person mentioned in it;
(b) a producer or importer who is not obliged to make a waste management contribution by virtue of the agreement referred to in point (a) because of the weight of packaging it has placed on the market under the agreement.
3 In cases where the second paragraph applies, the obligations referred to in paragraph 1 shall be based on the legal person to whom the waste management fee referred to in the second paragraph is transferred.
4 In the case of joint implementation referred to in paragraph 1, care shall be taken to ensure that no trade barrier or distortion of competition as referred to in Article 7 (1) of the Directive is caused.
1 A person as intended in Article 10.40, first paragraph, of the Act The following information shall be sent to the legal person responsible for implementing a product which has been supplied to him by 1 April of each year, in respect of the industrial wastes which have been delivered to it during the preceding calendar year, in so far as they are concerned. Article 15.36, first paragraph, of the Act , agreement on a waste management contribution in respect of packaging, which was declared universally applicable:
a. the date of issue;
b. The usual name of the material of the packaging;
c. The quantity of packages;
d. the manner in which the packages are used or disposed of useful.
2 The data referred to in paragraph 1 shall be used by the legal person referred to in that paragraph only for the purposes of the report referred to in Article 8 .
3 By ministerial arrangements, rules shall be laid down on the manner in which the obligation referred to in the first paragraph is to be implemented.
This part has not (yet) entered into force; see the summary of changes
This part has not (yet) entered into force; see the summary of changes
This part has not (yet) entered into force; see the summary of changes
This part has not (yet) entered into force; see the summary of changes
This part has not (yet) entered into force; see the summary of changes
Our Minister shall send a report by 2018 on the effectiveness and effects of this Decision to the States General.
An amendment to the Packaging Directive or to the decisions taken in the Article 2 (2) (b) (c) and in paragraph 3 (3) , for the purposes of this Decision, it shall be valid from the date on which the change in question has to be carried out unless a change in time is fixed by a ministerial order published in the Official Gazette.
1 The Decision of management of packaging and paper and board shall be withdrawn.
2 The Decision of management of packaging and paper and board shall continue to apply to obligations in respect of calendar years that have expired before that decision is repealed.
3 Article 6, second paragraph, points (a) and (b) , as amended by Article 18 , does not apply to liabilities in respect of calendar years that have expired before 1 January 2022.
1 This Decision, with the exception of the Article 6, fourth paragraph , 7 and 11 to 15 , in effect on 1 January 2015.
2 Article 6, fourth paragraph , shall enter into force on 1 January 2016.
3 The Articles 7 and 11 to 15 shall enter into force on a date to be determined by royal decree, except that the Articles 11 to 15 does not enter into force earlier than one year after the date of issuance of the Official Gazette, which places the Royal Decree, which determines the moment of entry into force of those Articles.
This decision is referred to as: Packaging decision 2014.
Charges and orders that this Decision will be placed in the Official Journal by means of the note of explanatory note accompanying it.
Wassenaar, 27 October 2014
William-Alexander
The State Secretary for Infrastructure and the Environment,
W.J. Mansveld
Issued the thirty-first October 2014The Minister for Security and Justice,
I. W. Opstelten
